HomeMy WebLinkAboutMINUTES Town Board 1999-03-23Town of Estes Park,Larimer County,Colorado,March 23,1 999
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 23rd day of March,1999.Meeting called to
order by Mayor Robert L.Dekker.
Present:Robert L.Dekker,Mayor
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
Absent:Susan L.Doylen,Mayor ProTem
Mayor Dekker called the meeting to order at 7:00 p.m.and Clerk O’Connor
conducted a Swearing-In Ceremony for Mike van Deutekom,Police
Lieutenant.Mike’s new duties will include the supervision of Patrol and
Investigations within the Police Dept.The promotion was effective Match 22,
1999.On behalf of the entire Board of Trustees,Mayor Dekker expressed his
congratulations to Lt.van Deutekom.Assistant Town Administrator Repola
commented that there were five internal police officers qualified for this position,
and these officers have many outstanding qualities they provide the Town.
PUBLIC COMMENT:
Keith Keenan,President/Trout Unlimited and resident commented on the recent
construction mishap in Fall River that resulted in fish kill.Mr.Keenan stated that
the Town Board may be perceived as not having any concern with preserving the
rivers and streams,and he urged the Board to eliminate the 30’exception rule.
Mayor Dekker stated that this recent incident will prompt the Town to review this
type of development.Community Development Director Stamey responded that
the incident was caused by the contractor actually working hi the river,the
distance from the river was not a factor.Director Stamey reviewed the exception
rule pertaining to narrow lots,and stated that staff may look at frontage on the
river and the highway,possibly revising the river setback to highway setback
standards.Patrick Cipolla proposed the Town begin regulating the construction
industry by imposing penalties when infractions occur.The exception was
created for “hardship”cases,and,in his opinion,contractors are using this ruling
for their own profit.Mr.Cipolla urged the Board to apply the exception rule for
verified hardship cases,and institute penalties and/or fines for contractors,and
include a stipulation in the Business License to allow denial of building permits.
Mr.Cipolla added that the Board of Trustees owe it to the people of Estes Park,
the Estes Valley,and future generations to preserve the environment.Mayor
Dekker noted that the Town is constantly reviewing policies,and when changes
necessary,revisions are adopted.Mayor Dekker thanked Messrs.Keenan and
Cipolla for their comments.
Board of Trustees —March 23,1999 -Page 2
TOWN BOARD COMMENTS:
Trustee Baudek responded to Mr.Cipolla noting the difficulty in defining poor
quality,staffing limitations,and the potential of violating civil rights.Trustee
Baudek urged the Board exhibit caution in addressing Mr.Cipolla’s requests.
1.CONSENT CALENDAR:
1.Town Board Minutes dated March 9,1999.
2.Bills.
3.Committee Minutes:
A.Light &Power,March 11,1999 -Approval of:
1.Policy Manual Revisions (Short Term Rentals).
2.Revenue Bond Issue (1)Financial Advisor Agreement
w/James Capital $6,000;and (2)Holme Roberts &Owen
(Bond Attorney)$25-35,000.
3.Christmas Decorations Installation Contract Change Order
w/Rocky Mountain Lawn Care,$7,492.16.
B.Public Works,March 18,1999—Approval of:
1.1999 Street Improvement Project,$220,000.
2.Muni.Bldg.Window Caulking Project,$4,038.00.
3.Muni.Bldg.Roof Seal Project,$13,000.
4.2-Ton Truck (Freightliner),Transwest,$119,902.
It was moved and seconded (Hix/Jeifrey)the consent calendar be approved,
and it passed unanimously.
2.ACTION ITEMS:
1.“State of the Library”Report —EVPLD President Wasson and Director
Volz.President Wasson reviewed how the library began in Estes Park and
the subsequent new building which was opened June 23,1991.The new
building contains 13,652 sq.ft.and it was completed on schedule and
$150,000 under budget.The library is open 62 hours/week in the winter,
and 68 hours/week during the summer months.The Library Board’s
strategy is to emphasize the value of the Estes Valley Public Library
District through superior customer service,ready access to current
information and books,and introduction of proven technology.President
Wasson introduced Director Volz who briefed the Trustees on the statistical
information comparing 1991 to 1998:28,000 books in the collection to
45,0000.The library has greatly increased the number of people being
served without increasing staff members.Director VoIz reviewed current
programs,and President Wasson the Internet Access and training
sessions.Recent bond refinancing has resulted in reducing the taxpayers
interest cost by $107,843.12 over the life of the bonds;the bonds will be
amortized in 10 years.Director VoIz addressed the future of the library and
increased expenditures,primarily for a bilingual program.President
Wasson commented on the next Millennium and expressed his
appreciation to the Town for their contributions,adding that the District
looks forward to the continuation of that effort.Mayor Dekker commended
Board of Trustees —March 23,1999 -Page 3
both gentlemen on their informative report,and Trustee Baudek
complimented the entire library staff.
2.Amended Plat and Development Agreement for Lots 32 —35 and
Portions of Lots 1,31 and 37,White Meadow View Place Addition,
JANCO Properties of Estes ParklApplicants (employee housing and
highway intersection)—Continued from March 9,1999.
Plat:Mayor Dekker opened the public hearing,and Director Stamey
reviewed the amended plat and development proposal.Bill Van Horn
appeared on behalf of the Applicants and stated the proposal is truly a win-
win situation as it improves a hazardous intersection,reconfigures lots,and
provides housing,and he encouraged the Board to look favorably toward
the plat.The Attorney for the Applicants,as well as the Attorney for the
property owners were in attendance.All parties have approved the
Development Agreement;however,signatures have not yet been obtained.
Mr.Van Horn suggested the plat be approved and not recorded pending a
fully-executed Agreement.There were no further audience comments.
Development Agreement:Town Administrator Widmer reported that the
Development Agreement has been restructured to ten payments of
$12,500/yr.to be used for property upgrades,with a provision to release
the lien holders if foreclosure is made.Minor changes to the Agreement
include adding a provision that,to the extent possible,the the units will be
rented to people employed in the Estes Valley.The $10,000 option
payment can be paid out of the Contingency Account;the $75,000 option
payment can be added to the Year 2000 Budget;and both the 1999 and
2000 Budgets contain $25,000/yr.for housing.Staff agrees the Agreement
is a win-win situation that provides a safer intersection and low cost
seasonal housing.Town Attorney White confirmed that the newly-revised
Agreement states the owners must spend $12,500 on hard costs in the first
year,and beginning the second year,they may use the money to amortize
financing to upgrade the low cost housing units.The lien holders approval
has been revised to allow the lien holders to terminate the low cost housing
provision should they foreclose.In addition,the Agreement addresses
and/or includes the Board’s previous suggestions pertaining to rental to
locals,short-term rentals,trash/junk accumulation.
There being no further testimony,Mayor Dekker closed the public hearing.
It was moved and seconded (Baudek/Hix)the Amended Plat of Lots 32,
33,34,35,and portions of Lots 1,31 and 37,White Meadow View
Place Addition be approved,and it passed unanimously.It was moved
and seconded (MarshalllJeffrey)the JANCO Development Agreement
be approved.Trustee Baudek commented that the Town has held the
opinion that this particular intersection should be improved for many for
years;however,due to funding,this project had not been initiated.This
Agreement provides a much improved and safer intersection.The motion
passed unanimously.
3.Amended Plat of Lots 26 and 27,Block 9,Country Club Manor
Addition,Ruth GoetzellApplicant.Mayor Dekker opened the public
hearing.Community Development Director Stamey reported this amended
plat recognizes the south half of a subdivision of ownership that was
created and recorded in 1972,known as Prospect Terraces Vacation
Board of Trustees —March 23,1999 -Page 4
Homes.This plat divided ownership of eight existing cabins that have been
held and sold in separate ownership since 1972;the subdivision has never
been approved by the Town,and the owners of four of the lots are now
requesting approval of the proposed amended plat in order to improve their
title to the property.The Planning Commission reviewed the amended plat
in November,1997 and requirements for new access and utility easements
recognizing current use were included.Since that time,the applicants
have been unable to fulfill these conditions,thus the plat has recently been
revised to reflect the original access easements that do not fit with current
use.Each lot has legal access,thus,staff is recommending approval of
the amended plat in its present form as approval will not create any new
problems for the owners of these lots,and it does provide formal approval
of the existing division of ownership.
Trustee Baudek requested received clarification on access to individual
dwelling units.Director Stamey reviewed historical use for access to the
rear lots.Paul Kochevar,representing the applicant,reported that
easements are being provided for all utilities for all lots,and that the
Applicant opted to pursue the amended plat to correct the plat of record for
her property.The remaining lot owners may opt to rectify their lots in the
future also.
There being no further testimony,Mayor Dekker declared the public
hearing closed.Trustee Baudek sought Attorney White’s opinion,and
Attorney White stated he concurs with approval as it legitimizes at least
50%of the subdivision;staff also confirmed that all property owners have
signed the plat.It was moved and seconded (Hix/Jeifrey)the Amended
Plat of Lots 26 and 27,Block 9,Country Club Manor Addition be
approved,and it passed unanimously.
4.Street Closure (portions of Manford Ave.,Community Dr.and
Woodstock Dr.)for State Firefighters Association Convention,June
24 &25,1999 -Fire Chief Dorman and jst Ass’t.Chief Parker.In a
memorandum dated March 19,1999,Fire Chief Dorman requested
approval of the street closures identified above to host tournament events
during the Firefighters Convention.Closures would be in effect from 6:00
a.m.—6:00 p.m.±on June 24th and June 25th Access would be maintained
to all affected businesses and signs will be provided for these businesses.
Each affected business owner was contacted and specific comments were
provided.A flyer was provided for the Manager/Lone Tree Village
Apartments.Responding to questions,Chief Dorman confirmed:
appropriate signage will be prepared,all businesses will have access
throughout the event,spectator parking space is being provided at the
fairgrounds,and fencing along the bike path with staff members are
planned for spectator safety.Tournament event specifics and the number
of conference participants were also reviewed.It was moved and
seconded (Barker/Marshall)the street closures be approved,and it
passed unanimously.
5.Liquor Licenses:
A.New Hotel &Restaurant Liquor License Application filed by F &
I,Inc.,dba GONZO’S MEXICAN FOOD.Mayor Dekker opened the
public hearing and reviewed procedure.Frank Gonzales requested
Board of Trustees —Match 23,1999 -Page 5
approval of the license and reviewed his operating procedure.There
were no audience comments.Town Attorney White reviewed the
application,and Trustee Baudek noted that the Town Board and the
Police Dept.take very seriously liquor laws,particularly with youth,
and the Police Dept.is available for assistance in this regard.There
being no further testimony,Mayor Dekker closed the public hearing.
Stating the Board of Trustees finds that the reasonable requirements
of the neighborhood are not met by the present liquor outlets I the
neighborhood and that the desires of the adult inhabitants are for the
granting of this liquor license,it was moved and seconded
(Hix/Jeifrey)the New Hotel and Restaurant Liquor License filed
by F &I,Inc.be approved,and it passed unanimously.
B.Transfer of Ownership:From Tom Thomas to Notchtop Bakery
&Café,Inc.(Shippy &Darling),459 E.Wonderview Ave.#4,Beer
&Wine License.Trustee Hix cited a conflict on interest and
stated he would not participate in discussion nor vote.Roger Shippy
addressed service of alcohol in his employee manual and that he,as
well as his staff,will attend liquor training.Trustee Baudek noted
that the Town Board and the Police Dept.take very seriously liquor
laws,particularly with youth,and the Police Dept.is available for
assistance in this regard.It was moved and seconded (Baudek/Barker)the Transfer of Ownership for Notchtop Bakery and
Café,Inc.be approved,and it passed unanimously.
C.Transfer of Ownership:From Johnathan &Amy Lyreman dba
Cowpoke Café Of Estes Park,to Norman &Theresa Schaible,
dba THE WOODLANDS,165 Virginia Ave.,Hotel &Restaurant
License.Norm and Theresa Schaible were introduced and they
confirmed they will comply with liquor regulations.Trustee Baudek
noted that the Town Board and the Police Dept.take very seriously
liquor laws,particularly with youth,and the Police Dept.is available
for assistance in this regard.It was moved and seconded
(Hix/Barker)the Transfer of Ownership for The Woodlands be
approved,and it passed unanimously.
6.EPURA Appointment.Mayor Dekker announced the appointment of
Tamara Jarolimek to EPURA.Ms.Jarolimek will complete the vacant 5-
yr.term that expires 9/14/02.
3.TOWN ADMINISTRATOR’S REPORT:
A.Food Tax Refund Update.Town Administrator Widmer reviewed a
memorandum dated March .19th prepared by Clerk O’Connor on the
Food Tax Refund Program:to date,56 applications have been
processed for 12 families with children,10 disabled,and 34 elderly,
for a total budget expenditure of $7,200.The 1999 budgeted amount
is $22,000,and staff encouraged residents to contact the Town
Clerk’s office to determine their eligibility.
B.Juvenile Accountability Block Grant Application Proposal.Assistant
Town Administrator Repola briefed the Trustees on this proposed
partnership among the County and cities of Larimer County.Due to
federal funding guidelines,the Town is ineligible for direct block
Board of Trustees —March 23,1999 -Page 6
grant funding.The Town’s option is to participate with a larger entity
that would enhance the County’s grant application.A grant match of
$299 (10%)is required and the funds would be provided by the
Police Dept.The County would receive the Town’s allocation of
grant money for a total grant of $2,994 and provide the services as
outlined in a memorandum dated March 19th submitted by Lorrie
Wolfe.01 the four programs being proposed,all but the
Truancy/Accountability Program will be available to Estes Park
residents.Ass’t.Repola could not confirm whether this program is
on-going and if the Town would be responsible for funding this
program in the future.Town Administrator Widmer commented that
staff is assuming Larimer County staff will continue applying for this
grant.It was moved and seconded (Hix/Jeifrey)the Town
endorse the grant application and authorize the Mayor to
execute the Waiver of Direct Subgrant Award for the Juvenile
Accountability Incentive Block Grant,and it passed unanimously.
Following completion of all agenda items,Mayor Dekker adjourned the meeting
at 8:30 p.m.
obert L.Dekker,Mayor
Vickie O’Connor,Town Clerk