HomeMy WebLinkAboutMINUTES Town Board 2000-10-10Town of Estes Park,La timer County,Colorado,October 10,2000
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 10th day of October,2000.
Meeting called to order by Mayor John Baudek.
Present:John Baudek,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
Stephen W.Gillette
Lori Jeffrey
G.Wayne Newsom
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:David Habecker,Trustee
Mayor Baudek called the meeting to order at 7:00 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
None.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated September 26,2000.
2.Bills.
3.Committee Minutes:
A.Community Development,September 28,2000:
1.Celebrate Estes Event,Dec.9 &10,2000
2.Powder River Rodeo,LLC Production Contract.
B.Public Safety,October 5,2000:
Police Department
1.Closure of Elkhorn Ave.from Spruce Dr.to E.Riverside Dr.
from 5:00 p.m.until approximately 8:00 p.m.on Halloween,
Tuesday,October 31,2000.
2.Resolution #20-00 —Municipal Court fines to be donated to
Bright Christmas (community service)for Christmas Season.
Fire Department
1.Fire Prevention Week
4.Estes Park Housing Authority,August 9 &30,2000 (acknowledgment only).
5.Estes Valley Board of Adjustment,October 3,2000 (acknowledgement only).
6.Estes Valley Planning Commission,September 19,2000 (acknowledgement
only).
It was moved and seconded (Doylen/Gillette)the Consent Agenda be approved,
and it passed unanimously.
Board of Trustees —October 10,2000 —Page 2
Town Attorney White reported that non-controversial Planning Commission items will
now be displayed on the Town Board Agenda under “Planning Commission Consent
Agenda.”Only those items that staff considers non-controversial and that the Planning
Commission has recommended approval will be included.The Mayor will identify all
consent items and open the public heating.Should the public,any staff member or
Trustee wish to discuss an item,it will be removed from the Consent Agenda.
IA.PLANNING COMMISSION CONSENT AGENDA (Approval of):
Mayor Baudek announced the following items and opened the Public Hearing:
1.REZONING REQUEST.Sleepy Hollow Subdivision,Gary
Connely/Applicant;rezone from RE Rural Estate to E-Estate.
2.REZONING REQUEST.Lot 2,Tanton Subdivision,David
Tanton/Applicant;from E-1 Estate to E-Estate
3.SPECIAL REVIEW #00-03.Magical Moments Horse-Drawn
Carriages,Denise P inkard/AppI icant;provide horse-drawn carriage
rides in the Downtown area.
4.SUBDIVISION.Amended Plat of Lot 2,and a Portion of Lot 3,Rock
Ridge Estates,Scott Pope/Applicant;combine two parcels into a single
lot of record.
5.SUBDIVISION.Amended Plat of the Amended Plat of Lot 20,
Amended Plat of Peak View Subdivision,and Lot 16,S.St.Vram
Addition,Harold B.Miller Estate/Applicant;subdivide one lot into two
lots —Continue to November 14,2000.
Trustee Barker declared a conflict of interest on Item #1 and it was removed from
the Consent Agenda to be voted on separately.George Hockman,citizen,
requested Item #3 be removed and the request was granted.Sr.Planner Joseph
corrected an error on the Agenda for Item #2 stating that the rezoning request for
Lot 2,Tanton Subdivision is from E-1 to F-Estate.
There being no comment on Items 2,4 and 5,Mayor Baudek closed the public
heating and it was moved and seconded (Newsom/Gillette)said described
items be approved,and it passed unanimously.
It was moved and seconded (Doylen/Newsom)Item #1,Rezoning Request for
Sleepy Hollow Subdivision be approved,and it passed by the following votes:
Those voting “Yes”Trustees Doylen,Gillette,Jeffrey and Newsom.Those voting
“No none.Those “Abstaining”Trustee Barker.
Mayor Baudek opened the public hearing on Item #3,Special Review #00-03
Magical Moments Horse-Drawn Carriages.Sr.Planner Joseph reviewed the staff
report for this horse-drawn operation request on public streets.The route is similar
to previous submittals,and all conditions of approval were read into the record.
Public testimony was heard from George Hockman,1625 Prospect Estates Dr.
who stated the Town needs to look for ways to improve the downtown traffic not
make it worse;private persons can perform this type of business if allowed to do
so,however,it is inappropriate.Staff confirmed that if approved,the Applicant
must obtain a business license.Bill Van Horn offered historical remarks relating to
horses,adding he would like to see some horse activity remain in Estes Park.
Staff confirmed that other departments reviewed the application as well and the
proposal received a favorable recommendation.There being no further testimony,
Mayor Baudek closed the public hearing,and it was moved and seconded
Board of Trustees —October 10,2000 —Page 3
(Barker/Gillette)Special Review #00-03 be approved,and it passed
unanimously.
2.ACTION ITEMS:
THE UPLANDS AT FISH CREEK,P.U.D.MEMORANDUM OF
UNDERSTANDING (MOU)—REQUEST DEADLINE EXTENSION FROM
OCTOBER 1,2000 TO MARCH 31,2001.Town Administrator Widmer
reported that The Uplands Homeowner’s Association is requesting an
extension of the annexation deadline in the MOU from October 1,2000 until
March 31,2001.Additionally,they are requesting that the Town continue
those actions necessary to complete the annexation of The Uplands at Fish
Creek to the Town.The MOU specifies that the Town will pay for the
surveying and legal work necessary to complete the annexation,and
sufficient funds ate budgeted for this work.Following discussion,it was
moved and seconded (Gillette/Jeffrey)the annexation deadline extension
be extended from October jst to March 31,2001,including the budgeted
engineering work,and it passed unanimously.
2.WARRANTY DEED FOR LOT 17,BONNIE BRAE ADDITION —
ACCEPTANCE.Town Administrator Widmer reported that Byron and John
Hart have executed said warranty deed for this 1.2-acre site located at the
corner of Community Dr.and Hwy.7.The Harts have given this property to
the Town with the following stipulations:(1)the site remain as open space,
except lot pedestrian and bicycle paths and picnic areas;and (2)a small
bronze plaque be attached to a rock outcropping honoring their mother,Hazel
Blair Hart,1885-1976.In addition,the Town was given the right to realign
Community Dr.to remove the sharp curve at the golf course should it ever
become necessary.An appropriate dedication ceremony will also be
planned.Trustee comments included:the lot has substantial value,the
Town is very fortunate that a citizen would give it to the Town;market value
($1 80,000±);and residents want open space,and now a citizen is willing to
give land to the Town that will be enjoyed by the public.There were no
audience comments,and it was moved and seconded (Newsom/Barker)the
Town accept,with gratitude,the Warranty Deed and it passed
unanimously.
3.AMENDMENT TO WILDFIRE RIDGE DEVELOPMENT AGREEMENT.
Town Attorney White provided background information on the annexation of
Wildfire Ridge Addition (1998)and the associated Development Agreement.
Originally,the project consisted of 44 units plus an existing kennel.In 1999,
the Town approved the first amendment for 61 units,31 of which were
designated affordable housing,and the kennel was to be removed upon start
of construction.The Owners are now seeking a second amendment that will
allow them the option of processing a new development proposal.Density
would be based upon the Estes Valley Development Code;and Special
Review #99-02 would remain in effect until such time as the Owner pursues a
new development plan through the Town’s review process.If a new plan is
approved,#99-02 would then terminate.
Bill Van Horn,Applicant’s representative,stated the Owners desire to start
over with a clean slate.The project has not proceeded as the Owners are
attempting to sell the site;the current Annexation Agreement reflects a mix of
dwelling units;and at this time,the Applicant desires the option of processing
a new development plan.Depending upon financial feasibility,affordable
units may not be eliminated,and significant infrastructure has been installed
(most water and sewer mains,conduit for primary power).
Board of Trustees —October 10,2000 —Page 4
Town Attorney White reviewed the site history noting that the Development
Agreement specified the use and type of unit.The First Amendment changed
the number of units from 44 to 61 with affordable and market tate units;the
kennel operation was to be removed upon construction.The increase in units
was allowed pursuant to density bonuses for affordable housing and the
elimination of the kennel.Under standard vesting,Development Plans are
typically in effect for three years,however,this Development Agreement did
not include a termination date.
Public testimony was heard from:Louise Olson,Member/Estes Park
Housing Authority (the Forward Estes Park Fdn.Housing Needs Survey
clearly cited the need for affordable housing;provided statistical information
from HUD on affordability of purchasing homes),and urged the Town Board
to deny the request based on the Applicant’s desire to remove the affordable
housing units.Lee Kundtz,PresidenUEstes Valley Community Services
Coalition (disappointed the Applicants are seeking to remove the affordable
units;31 units may not be the correct number,but he strongly believes this
type of unit should be included;an Agreement was made and the Town went
to extreme measures to accommodate the Applicant),and he urged denial of
the request.Don Widrig,505 Big Horn Dr.(both the Owner and Town went
to extraordinary work to include affordable housing units on this proposal;the
Owner agreed to the original Plan,it is not the Town’s responsibility to “bail
them out”;and the Town Board should authorize the Owner to present a new
plan and then decide between #99-02 and the new plan),and he urged to the
Tb to vote no on this request.Mary Bauer,251 Mountain view Ln.
(applauded the Town for creating the Estes Valley Housing Authority;and
received confirmation that property owners must first come to the Town to
propose affordable housing prior to the Town offering density bonuses).
Richard Guest,1765 Olympian Ln.(to approve the request would constitute
a regressive movement in affordable housing;relinquishing badly needed
potential affordable housing is taking a step in the wrong direction).
David Eisenstein,Attorney representing the Applicant,noted that the
Applicant/Owner is Wildfire Development,LLC.The Applicant is currently
subject to the Development Agreement and Special Review #99-02,and the
they are not asking for these to be cancelled.Site history was reviewed and
now it has been determined #99-02 may not be the best use for this property.
If the 2’Amendment is approved,#99-02 remains in effect until such time as
theOwner submits a new plan.Mr.Eisenstein was unaware of any specific
offers for the site.
Town Board comments:agree with the affordable housing need however,the
land may sit idle waiting for a new developer;the Agreement made is viable
and it should be adhered to.Stating that as the Chairman of the Housing
Authority,she strongly supports the goals of the retention,advocacy and
creation of additional affordable housing units;the Owner had previously
made a passionate request,stating the Town Board was inept in the area of
housing;the Forward Estes Park FUn.Has quantified the need for affordable
units;every year this type of housing is delayed,costs become greater;
Trustee Doylen moved to.deny the request.Trustee Jeffrey seconded the
motion.Trustee Barker recalled the Applicant’s fervent assurance the project
was financially viable and now a subsequent amendment is being requested.
The motion passed unanimously.
4.2001-2002 BUDGET —PRESENTATION OF PRELIMINARY BUDGET,11
READING.Finance Officer Vavra presented the preliminary budget
document for the 2001 -2002 Budget.Various department adjustments have
been made,and public Town Board Budget Study Sessions have been
Board of Trustees —October 10,2000 —Page 5
scheduled on October 3Q and November 3rd Staff anticipates submitting
the final budget document for approval on November 14,2000.
5.RESOLUTION #21-00 —OPPOSING AMENDMENT 21 TO THE
COLORADO CONSTITUTION.Town Administrator Widmer revIewed and
read a Resolution opposing Amendment 21 concerning tax cuts.The
proposed amendment negatively impacts all utility franchise fees,sales taxes
on utilities and vehicles,use tax on vehicles,and property taxes.Negative
Impacts would also be experienced by special districts and school districts.
Town Board comments were best summarized in the following excerpts of a
statement prepared by Mayor Baudek:
“...It is estimated that just for the Town of Estes Park,our budget will be
reduced by approximately $795,000 the first year this law would take
effect.
We do in fact spend money in areas which by definition are not basic
governmental services.Let me give you some examples of what they are
and what we most likely would be forced to stop.Food Tax Refund,
Crossroads,PaCK,Estes Park Library District,Support of the Arts,Salud
Family Medical Center,close the Senior Center,close the Estes Park
Area Historical Museum,cancel the Christmas Parade,reduce money for
advertising and reducing activities at the fairgrounds.
Another important consideration is that if this Amendment were to pass
and all of us in Estes Park decided that it might work well in Grand
Junction or Durango,but it would not be beneficial here in Estes Park we
could not on a local level change the law to exempt ourselves Mr.Bruce
did not want local people to have that option because he saw that too
many had changed the TABOR restrictions because they just did not
work.
I feel that we,as your elected board,have a responsibility to inform you
of this proposed amendment to our State Constitution and the negative
effects it will have on our way of life here in Estes Park.”
There were no audience comments,and it was moved and seconded
(Newsom/Doylen)Resolution #21-00 be adopted,and it passed
unanimously.
6.2000-2001 CHRISTMAS DECORATION INSTALLATION CONTRACT —
AWARD.Light &Power Director Matzke explained that the Contractor would
like to begin work at this time,thus this item is being submitted directly to the
Town Board for approval.This two-year contract (1999-2000)is with TA
Enterprises.The original bid for year 2000 was $42,436;if 1999 revisions
that were requested by staff are included,the revised contract amount is
$46,055.The 2000 budget includes $50,000 for this contract.It was moved
and seconded (Barker/Jeffrey)the Contract for the 2000-2001 Christmas
season in the amount of $46,055 be awarded to TA Enterprises,and it
passed unanimously.
3.TOWN ADMINISTRATOR’S REPORT.
Stanley Hall Renovation Proiect.Administrator Widmer stated numerous rumors
are circulating on the status of this project,and he clarified that the Town,FOSH,
and The Stanley Hotel are working on solutions to various issues and/or problems.
Administrator Widmer has every confidence discussions will be fruitful,and he
encouraged the citizenry to contact him to verify their issues/concerns.
Board of Trustees —October 10,2000 —Page 6
Acting upon,staff’s request,it was moved and seconded (Doylen/Gillette)the Board
enter Executive Session to discuss contract negotiations,and it passed
unanimously.V V
Mayor Baudek adjourned the meeting to Executive Session at 8:40 p.m.
Mayor Baudek reconvened the meeting at 9:11 p.m.and it was moved and seconded
(Gillette/Newsom)the meeting be adjourned,and it passed unanimousIy
óohn Baudek,Mayor
Vickie O’Connor,Town Clerk
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