HomeMy WebLinkAboutMINUTES Town Board 2000-03-14vTown of Estes Park,Larimer County,Colorado,March 14,2000
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 14th day of March,2000.
Meeting called to order by Mayor Robert L.Dekker.
Present:Robert L.Dekker,Mayor
Susan L.Doylen,Mayor Prolem
Trustees Jeff Barker
John Baudek
Stephen W.Gillette
George J.Hix
Lori Jeffrey
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Dekker called the meeting to order at 7:00 p.m.
PUBLIC COMMENT
George Hockman,1625 Prospect Estates Dr.,urged the Trustees to speak into the
microphones,and commented on public involvement in the Town governance process
TOWN BOARD COMMENTS
Trustee Baudek expressed his concern with the impending discontinuance of the Rocky
Mountain PBS Station,and urged the satellite provider,Netlink,and the local cable
company,Charter Communications,to work together to maintain this station.
1.CONSENT CALENDAR:
1.Town Board Minutes dated February 22,2000.
2.Bills.
3.Committee Minutes:
A.Community Development,February 24,2000:
Senior Center:
1.Larimer County Dept.of Aging Contracts —Approval.
Special Events:
1.Copper Penny Horse Show &Christmas Parade Agreements —
Approval.
2.Parade Permits:Rooftop Rodeo 7/11,Scottish Festival 9/9,and
Christmas 11/24.
B.Public Safety,March 2,2000:
1.Intoxilyzer Equipment Purchase,$6,200.
C.Light &Power,March 9,2000:
1.Itron DataPac Equipment Purchase,$24,650.
4.Estes Park Planning Commission,February 15,2000 (acknowledgement
only).
Board of Trustees —March 14,2000 -Page 2
It was moved and seconded (Hix/Doylen)the consent calendar be approved,and it
passed unanimously.
2.ACTION ITEMS:
(To accommodate scheduling conflicts,Mayor Dekker moved Item #3 to #1;
however,the minutes follow the Agenda).
1.1999 ANNUAL REPORT FOR MUNICIPAL COURT.Municipal Court Judge
Brown reported on statistics from 1996 through 1999,urged the public to
attend,and reported on the various community programs in which the Court is
involved.Mayor Dekker stated the Town is proud of the court system,where
all are treated fairly.
2.ESTES PARK VOLUNTEER FIRE DEPT.ASSISTANT CHIEF
APPOINTMENTS —Fire Chief Dorman reported that due to the resignation of
Ray Parker 1st Fire Chief,the Fire.Dept.has elected Daryl McCown 1st Ass’t
Chief,with Ron Weakland serving as 2 Ass’t.Chief.It was moved and
seconded (Hix/Doylen)the aforementioned appointments be approved
for year 2000 and it passed unanimously.
3.YOUTH ADVISORY COUNCIL.Travis Scott,Sophomore Student,reported
on the “Peers on Politics”Project,whose objective is to elect a student to the
Town Board to act as an advisor in matters that affect the community.Their
purpose is to give the local population of students an opportunity to help
make a difference in their community.By placing a student on the Town
Board in an advisory role,students will have an opportunity to express their
opinions and also have exposure to the political process,thus creating a
better functioning relationship between the youth,their community,and their
local government.Trustee Jeffrey noted her support of this program,with
Mayor Dekker stating the Town will assist,appointing Trustee Jeffrey as
Liaison.
4.INTENT TO ANNEX RESOLUTION #8-00 FOR MARY’S LAKE LODGE
ADDITION.It was moved and seconded (Doylen/Hix)Resolution #8-00 be
approved,setting the Town Board public hearing for May 9,2000,and it
passed unanimously.
It was moved and seconded (Hix/Doylen)Items 5 through 9 listed below be
continued to April 11,2000,and it passed unanimously:
5.SPECIAL REVIEW #00-01 FOR LOT 1,MOUNTAIN MAN SUBDIVISION,
GISELA GRUEFF &MIKE WHIPP/APPLICANTS.
6.SPECIAL REVIEW #00-02 FOR LOT 20,LITTLE PROSPECT ADDITION,&
LOT 3.MURPHY SUBDIVISION,TIM WRIGHT &DENISE
OWENSIAPPLICANT.
7.AMENDED PLAT AND REZONING REQUEST FOR LOT 20,LITTLE
PROSPECT ADDITION,AND LOT 3,MURPHY SUBDIVISION,TIM
WRIGHT &DENISE OWENS/APPLICANT.
8.FINAL PLAT OF PAWNEE MEADOW SUBDIVISION,TRACT 2,ARAPAHO
ADDITION,PORTION OF LOTS 2—4,SCOTT MILLERIAPPLICANT.
9,AMENDED PLAT OF LOTS 2 &3,BEAVER POINT THIRD ADDITION,
JACK WILLIAMS/APPLICANT:Mayor Dekker opened the public hearing,
and Comm.Dev.Dir.Stamey presented the staff report.This request is to
Board of Trustees —March 14,2000 -Page 3
combine two existing lots into one lot.Staff is recommending approval adding
that staff will coordinate completion of the landscaping with the issuance of
the Certificate of Occupancy;the Applicant has met all Planning Commission
requirements.There being no public testimony,Mayor Dekker closed the
public hearing.It was moved and seconded (Doylen/Barker)the Amended
Plat of Lots 2 &3,Beaver Point Third Addition be approved with the
coordination on landscaping identified above,and it passed unanimously.
10.FINAL PLAT OF SLEEPY HOLLOW SUBDIVISION,TEJAS,
INC.!APPLICANT.Trustee Barker declared a conflict of interest,stated he
would not participate in discussion or vote,and vacated the dais.Mayor
Dekker opened the public hearing,and Comm.Dev.Dir.Stamey presented
the staff report.The Applicant is requesting to subdivide a 47-acre site into
10 lots for single-family development.Primary changes include waiving the
bridge replacement requirement of Planning Commission,and
transfer/combining of the two proposed open space outlots with Outlot A.
Staff is aware that the RMNP has indicated their interest in accepting the land
to expand their boundary;however,written confirmation has not been
submitted to the Town.
The Planning Commission’s initial position was that the bridge be widened to
two lanes prior to development then transferred by the Town o the
Homeowners Association.Upon further investigation staff recommends
waiving the ownership transfer of the bridge due to uncertainty regarding
ownership.Staff specifically addressed the following:
>Review of the revised covenants.The covenants should address
maintenance and replacement of the bridge.
>The Letter of Credit has been received.The Improvement
Agreement must be submitted.
A letter from RMNP to the Town is necessary confirming the Park
will accept Outlot A.
>A statement should be included in the covenants addressing Outlot
A should the transfer of ownership not occur.
Gary Connely/Applicant presented his chronology of events beginning in 1979
when he purchase the land,and discussed access,the bridge,and
subsequent litigation with an adjacent property owner.Mr.Connely’s issues
include:eastern access/bridge ownership,western access/density,and
Sleepy Hollow/front entrance appearance.His objectives were:
V The Town to retain ownership,replacement,and maintenance of
the bridge into Sleepy Hollow Subdivision.
V The Town to provide successful,ongoing assistance to clean-up
garbage container area from eastern entrance to Sleepy Hollow
and rear area of Ponderosa Lodge,plus the debris in the river from
Ponderosa Lodge disposals.
V The Town to assist in removing posts and chain installed on Sleepy
Hollow’s western boundary.
V The Town to grant approval of the Sleepy Hollow Subdivision.
Comments in opposition were expressed by Jim Tawney/Ponderosa Lodge.
In summary,Mr.Tawney’s comments concern his court decree specifically
relating to access/bridge.
Mike Wallace/Blackhawk Lodges confirmed that there are two adjacent
properties (Blackhawk Lodges and Trails West)and access has been
negotiated through their property.In return,the roadway will be paved which
Board of Trustees —March 14,2000 -Page 4
will improve public safety,and a parking lot will be constructed for guests of
Blackhawk Lodges.
Additional discussion on the bridge followed,with Town Attorney White
stating the bridge in question was a private bridge at the time of the Lawn
Lake Flood,and the bridge was rebuilt with FEMA funds.At this time,there is
a question of ownership.Public Works Director Linnane commented that of
the 13 existing bridges along Fall River,the Town’s responsibility was for 4-5
public bridges that are in public right-of-way.A legal opinion on the
ownership of the other bridges is unavailable at this time,and an investigation
is necessary.There being no further testimony,Mayor Dekker closed the
public hearing.
It was moved and seconded (Gillette/Doylen)the Final Plat of Sleepy
Hollow Subdivision be approved with the following conditions,and it
passed by the following votes:Those voting “Yes”Trustees Doyten,Gillette,
and Jeffrey.Those voting “No”Trustees Baudek and Hix.Those “Abstaining”
Trustee Barker.
1.Striking Note #5 on the Final Plat (replace the one lane bridge at
no cost to the Town).
2.Town Attorney White to reviewlapprove the revised Covenants
and Homeowners Association documents.
3.The Covenants and Homeowners Association documents be
recorded concurrently with the Final Plat.
4.The access easement/agreement through Trails West and
Blackhawk Lodge properties be provided and recorded prior to
recording the Final Plat.
5.Letter of Intent from RMNP to accept Outlot A be provided.
6.Subdivision Improvement Guarantee Agreement be provided prior
to recording the plat
Trustee Barker resumed his position on the Board.
11.LIQUOR LICENSING —TRANSFERS OF OWNERSHIP:
A.Dechant Enterprises,LLC,Uba DON PABLO’S/BOURBON ST.WEST,
Hotel &Restaurant License,222 E.Elkhorn Ave.,formerly La Casa of
Estes Park.Richard Dechant/Owner,appeared before the Board.
Trustee Baudek stated that the Town Board and Police Dept.take liquor
licensing very seriously,and urged the Applicant to adhere to all State
Liquor Code Regulations,with special attention to the youth.The
Applicant confirmed he attended the recent Town-sponsored liquor server
training,however,he has completed T.l.P.S.training.Trustee Baudek
desires said training to be completed prior to the liquor license being
issued,and /make sure TIPS training is done before license is issued.
Following discussion,it was moved and seconded (Hix/Doylen)the
Transfer of Ownership to Dechant Ent.,Inc.be approved,with said
T.I.P.S.training to be completed within 90 days of opening,and it
passed.unanimously.
Additionally,the Liquor License Procedure is to be revised to include the
T.I.P.S.Training completion prior to approval of the license,and
submitted to the Town Board for consideration.
B.Locals,Inc.,dba LOCAL’S GRILL,INC.,Beer &Wine License,153 E.
Elkhorn Ave.,formerly Boardwalk Pizza.Tony Paglia/part owner,
confirmed that he has contacted the local T.l.P.S.trainer,however,said
training has not yet been completed.Trustee Baudek stated that the
Board of Trustees —March 14,2000 -Page 5
Town Board and Police Dept.take liquor licensing very seriously,and
urged the Applicant to adhere to all State Liquor Code Regulations,with
special attention to the youth.It was moved and seconded (Hix/Baudek)
the Transfer of Ownership to Locals,Inc.be approved with said
T.I.P.S.training to be completed within 90 days of opening,and it
passed unanimously.
Town Administrator Widmer noted that the Sales Tax Report for January 2000 reflects a
15.3%increase over January,1999.
Following completion of all agenda items,it was moved and seconded (Gillette/Barker)
the meeting be adjourned,and it passed unanimously.Whereupon,Mayor Dekker
adjourned the meeting at 9:05 p.m.
Robert L e kbr,yor
I -I.
(i •—f-’_-.-it—)t--’tJ
Vickie O’Connor,Town Clerk