Loading...
HomeMy WebLinkAboutMINUTES Town Board 1998-12-087 Town of Estes Park,Larimer County,Colorado,December 8,1 998 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park,Larimer County,Colorado.Meeting held in the Municipal Building in said Town of Estes Park on the 8th day of December,1998. Meeting called to order by Mayor Robert L.Dekker. Present:Robert L.Dekker,Mayor Susan L.Doylen,Mayor ProTem Trustees Jeff Barker John Baudek George J.Hix Lori Jeffrey William J.Marshall Also Present:Rich Widmer,Town Administrator Vickie O’Connor,Town Clerk Gregory A.White,Town Attorney Mayor Dekker called the meeting to order at 7:31 p.m. PUBLIC COMMENT: George Hockman,1625 Prospect Estates Dr.,stated that concerned citizens are often being excluded from public discussion prior to the Town Board making decisions.The Town Board appears to be making decisions and commitment for expenditures in secret;when the public is made aware,the commitment and expenditures are already determined.In his opinion,the rational for secrecy for property acquisition,etc.are appropriate for private corporations,but not for this governmental entity,even if the end result is a “better deal”.Mr.Hockman listed the Masonic Lodge project as an example,and he stated that moving the Lodge to Stanley Park is inappropriate and possibly illegal.Mr. Hockman encouraged public comment for projects,reiterating that there is no public input prior to decisions. TOWN BOARD COMMENTS: Mayor Dekker announced that he recently signed a proclamation proclaiming December 9th as “George Hix Day”,recognizing his formal retirement from the United Valley Bank.Mayor Dekker acknowledged Mr.Hix’many accomplishments and contributions to the community. CONSENT CALENDAR: 1.Town Board Minutes dated November 24,1998. 2.Bills. 3.Committee Minutes: A.Public Safety,December 3,1998: 1.Revised Intergovernmental Agreement w/Larimer Emergency Telephone Authority -Approval. B.Planning Commission,November 17,1998 (acknowledgment only). Board of Trustees -December 8,1998 -Page 2 C.Board of Adjustment,December 1,1998 (acknowledgment only). It was moved and seconded (Hix/Doylen)the Consent Calendar be approved,and it passed unanimously. ACTION ITEMS: 1.Ordinance #25-98 -Amending Title 17 by Providing for a Moratorium on Certain uses and Developments of Land within the C-D and C-O Zoning Districts,pending consideration of Amendments to Title 17.Mayor Dekker declared a conflict of interest,stated he would not participate in discussion nor vote,and conveyed the gavel to Mayor ProTem Doylen.Mayor ProTem Doylen opened the public hearing,and Town Attorney White read the Ordinance placing a moratorium on certain uses and developments of land within the C-D and C-C Zoning Districts. Correspondence in opposition to the moratorium was acknowledged from:the Estes Park Board of Realtors containing 37 signatures,Carolyn Scott/Bridgeport Real Estate,Eric Blackhurst,and Van Horn Engineering and Surveying. Trustee comments:Trustee Jeffrey shared her research on moratoriums,particularly the definition for moratoriums on development:a local law ordinance that will suspend the right of property owners to obtain development approvals while the community takes time to consider the draft and adoption of a Land Use Plan.The purpose of a moratorium is to preserve status quo,and it prevents property owners and developers from rushing to complete developments.It can be considered an implied power,also referred to as police power;extreme land use action suspends completely the rights of owners to use their property.It must be reasonable or the community may run the risk of being challenged.Caution should be exercised when adopting a moratorium on development.Trustee Baudek read a statement that in sunimary offered background information on the development of the Comprehensive Plan and subsequent Development Code by the Town of Estes Park and Larimer County,and his reasoning behind his moratorium proposal— i.e.,a mandate from the citizens of our community to adopt a Development Code that will result in a future population in the valley that is recommended in the Comprehensive Plan. As the Town and County adopted it,the Comp Plan set a projected population goal,through zoning changes,for the valley of approximately 22,000 but to accomplish this there must then be some changes in zoning,or the future growth will remain at the projected 32,000.As he proposed the moratorium,the citizens,Town Board,and staff will have time to consider the implications of what is being proposed. The proposal does not prohibit apartments and condominiums; for now,it prohibits building apartments and condominiums on valuable commercial property that may well be needed for the future needs of the community.Town Attorney White noted that he and staff reviewed the Comp Plan and Development Code draft and set uses by right or special review.Community Development Director Stamey confirmed that there have been a number of commercial properties that have been developed for Board of Trustees -December 8,1998 -Page 3 residential use.Recently,the Town Board reviewed such a rezoning that resulted in a compromise,allowing two of the three lots to be rezoned.Also,the Town Board decreed that the aforementioned rezoning request was “in the system”and the developer could proceed as submitted.Attorney White confirmed that the moratorium would restrict only those properties within Town limits.A map was displayed illustrating commercial properties having frontage on an arterial street that could be converted from commercial to residential.The property owners’intent for these properties is unknown,however,the properties do have potential for redevelopment or development.With those assumptions,12 parcels (160 ac.)could be converted. Public testimony was heard from:Eric Blackhurst,who read from a prepared statement,and in summary,urged the Town Board to vote “no”on the moratorium.Ralph Nicklaus spoke in favor of the moratorium,expressing his appreciation to Trustee Baudek,and adding that the ordinance could have been more restrictive;he is strongly in favor of the moratorium and urged it be adopted.Ross Brown urged the Town Board vote against the moratorium stating that it was ill—advised to wait for six months for completion of the Comp Plan,the Town has a very effective planning staff and Planning Commission--let them do their job.Bill Van Horn stated his opposition to the ordinance based on the possibility of transferring certain uses to a “CH”zone which does not currently exist,opinion of the best use of property,current clients that are not vested and subject to the new moratorium which is cause for concern due to the lack of reasonableness.Robert Fey who owns property in the Estes Valley which is for sale,urged the Board to protect his land value and not decrease it by an ill—advised moratorium.Gerald Mayo commented that change is inevitable,and he expressed concern with the taking of property rights,and urged the Board to vote “no”.Cherie Pettyjohn stated that when the Comp Plan was adopted, citizens were advised that “it was just a plan”,and all existing zoning would be in effect until the Plan codified, public hearings were held,and all could vote—this schedule should be allowed to happen,and the moratorium should not take place.Citizens are concerned with the Development Code —all entities and the public need to have discussion. Alan Aspinall commented on the lack of commercial property development,supply and demand in the housing market,and protection of service people in the Valley.Jim Rogers urged denial of the ordinance based on property rights. There being no further public testimony,Mayor ProTem Doylen closed the public hearing. Trustee Baudek commented on the lack of public support, clarified that his previous motion was to restrict the CO not CD zone,staff did a good job in preparing the ordinance,and cautioned the Trustees that there will be difficult decisions to make in the near future.Trustees Jeffrey,Barker and Hix noted their opposition to the ordinance.Mayor ProTem Doylen expressed her appreciation to Trustee Baudek for his similar concern with the eroding commercial base,adding that she was very concerned with the word moratorium and the subsequent ramifications.Following conclusion of all discussion,it was moved and seconded (Barker/Marshall)Ordinance #25-98 providing for a moratorium on certain uses and developments of land with the Board of Trustees -December 8,1998 -Page 4 C-D and C-O zoning districts be denied,and it passed unanimously. Attorney White confirmed that drafting of the Land Use Code has been a unique process,and such a Code has never been accomplished in the State of Colorado.The Development Code,which involves Larimer County,has been a complicated process;the EVPC has been conducting meetings,and,while public comment is not heard at these particular meetings, the EVPC’s discussions are useful to all citizens in attendance.Trustee Hix offered his appreciation to the audience for their comments,and Mayor ProTem Doylen thanked Attorney White for his efforts on the Development Code. Mayor Dekker resumed his position on the Board,and thanked the audience for their comments. 2.Post Award Public Hearing/Senior Center Remodeling Project. Mayor Dekker opened the public hearing,and Town Administrator Widmer reported that the purpose of the public hearing is to allow citizens an opportunity to review and comment on the performance of the Town in carrying out the Senior Center kitchen equipment and finishes construction,a portion of which was financed with federal Community Development Block Grant funds.Al Sager commented on the lack of sound control in all three rooms (acoustic control is needed),and raised hearth in both rooms (prefers floor level).Trustee Marshall confirmed that the Center is taking bids to eliminate the noise,and will try to add buffers for the hearth.There being no further testimony, Mayor Dekker closed the public hearing.No further action was taken. 3.T.A.B.O.R.Agreements (Standard Renewals).Town Administrator Widmer reviewed the standard list of T.A.B.O.R.Agreements for budget year 1999,Citing a potential conflict of interest,Trustee Hix stated he would not participate in discussion nor vote.It was moved and seconded (Marshall/Jeffrey)the T.A.B.O.R.Agreements be approved for 1999,and it passed with Trustee Hix Abstaining. 4.Ordinance #26-98 -Establishment of Senior Center Advisory Board.Town Attorney White advised that this ordinance officially establishes the Senior Center Advisory Board and how said Board will operate.Attorney White read the ordinance,and it was moved and seconded (Hix/Jeffrey) Ordinance #26-98 be approved,and it passed unanimously. 5.Appointments/Re-appointments: A.Estes Park Senior Center Advisory Board:1999 Officers:Richard Lange/President,Bill Marshall/V. President,Mary Ella Pearson,Secretary, (Treasurer/vacant),Mary Lou Faiella/Past President,3— yr.Director/Lois Chase,term expires 12/00,2—yr. Director/vacant,term expires 12/99,1—yr. Director/Barbara George,term expires 12/99,Ross Moor and Don Tebow/2—yr.term (Lifetime Directors.It was moved and seconded (Marshall/Barker).the names listed above be appointed to the Estes Park Senior Center Advisory Board,and it passed unanimously. B.Estes Valley Planning Conimission (EVPC):Cherie Pettyjohn,four—year term expiring 12/31/02 — Board of Trustees -December 8,1998 -Page 5 Reappointment.It was moved and seconded (Hix/Doylen) Ms.Pettyjohn’s appointment to the EVPC be approved, and it passed unanimously. C.Museum Advisory Board:Susan Harris,4-yr.term expiring 1/01/2003 —Reappointment.Jackie Johnson,4— yr.term expiring 1/01/2003 —Appointment.It was moved and seconded (Doylen/Hix)Ms..Harris and Ms. Johnson be appointed to the Museum Advisory Board,and it passed unanimously. D.Stanley Hall Advisory Board:Polly Gunn,Jo Hazlitt, Sandy Lerner,Bennett Penn,Tim Phillips,Bob Pratti (new appointment),and Greg Steiner.It was moved and seconded (Baudek/Hix)the names listed above be appointed to the Stanley Hall Advisory Board,and it passed unanimously. 6.Liquor Licensing: A.Transfer of Ownership from Big Horn,Inc.fRicciardi) to Big Horn Restaurant,Inc.(Brown),Beer &Wine Liquor License,401 W.Elkhorn Ave.Clerk O’Connor confirmed the application was in order,and it was moved and seconded (Doylen/Jeffrey)the Transfer of Ownership to Big Horn Restaurant,Inc.be approved,and it passed unanimously. B.1999 Special Event Permits filed by the Art Center of Estes Park,Inc.,for public receptions scheduled 1/15, 2/26,4/9,5/7,6/11,7/16,8/27,10/8,11/19.It was moved and seconded (Doylen/Jeffrey)the Special Event Permit for the Art Center of Estes Park,Inc.be approved,and it passed unanimously. 7.Intergovernmental Agreement (IGA)for Exchange of Services or Resources between Berthoud,Eaton,Evans,Greeley, Johnstown,Kersey,Loveland,Milliken,Timnath,Wellington, Windsor,Larimer County and Weld County.Town Administrator Widmer announced that the Northern Colorado Regional Cities have opted to formalize the cooperative approach of sharing services and resources that had been used informally in the past with an official IGA.This effort reflects a desire to move the regional relationships and discussions beyond the focus of land use planning and represents another step in the implementation of the Northern Colorado Regional Planning Study that was adopted in the Spring of 1995.With the IGA,managers of the participating cities may request services or resources from other participating cities.If the responding entity agrees,-the manager may assign staff or provide the resources mutually agreed upon.Cost reimbursements are left to the discretion of the responding entity.The IGA is a one-year agreement with successive periods unless terminated by any party.It was moved and seconded (Marshall/Doylen)the Mayor be authorized to execute the IGA as defined above.Staff clarified that the IGA covers many items;emergency situations are managed under emergency Mutual Aide Agreements.The motion passed unanimously. 8.Town Administrator’s Report: A.Assistant Town Administrator Position.Town Administrator Widmer announced that Randy Repola will be promoted to the Assistant Town Administrator’s position,and his title will be Assistant Town Administrator/Chief of Public Safety.Administrator Widmer defined Repola’s job responsibilities;the Board of Trustees -December 8,1998 -Page 6 •promotion is effective 12/28/98.Captain Filsinger will be promoted to Deputy Chief of Police and the•Lieutenant’s position will be filled,and this employee will serve as Filsinger’s assistant. B.Town Board Meeting Time Discussion followed on changing the Town Board meeting time from 7:30 p.m.to 7:00 p.m.The majority of other entities meet at 7:00 p.m.,and the half-hour time change tends to confuse the public.Trustee Doylen moved the Board maintain its 7:30 p.m.meeting time.The motion failed for lack of a second.Consensus was reached to change the meeting time to 7:00 p.m.effective January 12,1999. Trustee Barker requested George Hockman clarify his statements relative to Executive Sessions,private sessions,etc.Mr. Hockman stated that,during his public comments at the beginning of the meeting,he was not inferring that the Town Board is conducting illegal meetings.Mayor Dekker confirmed that the Town Attorney takes very seriously the Board’s commitment to the Open Meetings Law.Said law is very clear on exactly which items may be discussed during Executive Sessions,and the Town Board adheres to the law. Trustee Baudek noted that on behalf of the Mayor and.Trustees,he wished the residents of Estes Park a Merry Christmas and Happy Holiday.A heartfelt thanks was expressed to Town employees. It was moved and seconded fHix/Jeffrey)the Board enter Executive Session to discuss property negotiations,personnel and contract negotiations,and it passed unanimously. Following completion of all agenda items,Mayor Dekker stated that due to the holiday season,the December 22,1998 Town Board meeting has been canceled. Mayor Dekker adjourned the meeting at 9:21 p.m.to Executive Session. Vickie O’Connor,Town Clerk fl