HomeMy WebLinkAboutMINUTES Town Board 2001-04-10Town of Estes Park,Larimer County,Colorado,April 1 0,2001
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 April,2001.
Meeting called to order by Mayor John Baudek.
Present:John Baudek,Mayor
Susan L.Doylen,Mayor Prolem
Trustees Jeff Barker
Stephen W.Gillette
David Habecker
Lori Jeffrey
G.Wayne Newsom
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Baudek called the meeting to order at 7:01 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
None.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated March 27,2001.
2.Bills.
3.Committee Minutes:
A.None.
4.Estes Park Housing Authority,February 14,2001 (acknowledgment only).
5.Estes Valley Planning Commission,March 20,2001 (acknowledgement only).
6.Lake Estes,Second Addition Annexation —Withdraw Annexation
proceedings,including Public Hearing scheduled April 24,2001,pending re
filing.
7.Change Order Request for Fire Hydrant Installation Program (Far View Dr./W.
Elkhorn Ave.)—Consideration directly to Town Board pursuant to cancellation
of Public Safety Comm.4/5/01.
8.Intent to Annex Resolution #16-01 for Dry Gulch Addition #1 (Sombrero
Ranches and KOA Campground);public hearing scheduled May 22,2001.
Board of Trustees —April 10,2001 -Page 2
It was moved and seconded (Doylen/Gillette)the consent agenda be approved,and
it passed unanimously.
IA.PLANNING COMMISSION CONSENT AGENDA (Approval of):
Mayor Baudek stated that a public hearing would be conducted if the Town Board,
Applicant(s),Staff or the Public wish to speak on a particular item.
1.FINAL PLAT.Bristlecone Subdivision of Tract 3,Arapaho Meadows,
Pawnee Meadow LLC/Applicant,continued from March 27,2001.The
plat proposes to divide a 4.8 acre tract into 4 single-family resident lots,
and one outlot.The property is zoned E-1 and currently supports one
residence to be retained.The Planning Commission has
recommended conditional approval.
2.SUBDIVISION &STREET R.O.W.VACATION ORDINANCE #4-01.
Amended Flat of Lots 11 and 12,White Meadow View Place Addition,
David Hazard,Richard Hodges &Tom Peter/Applicants.This request
is to officially recognize an illegal boundary line adjustment in 1973,
immediately following the adoption of the State Subdivision
Requirements.A structure has been built across the original lot line,
thus the boundary line adjustment was,and is,a measure to correct a
non-conforming structure.The portion of Ponderosa Dr.right-of-way
situated on Lot 12A,White Meadow View Place Amended has never
been occupied with either roads or utilities.The street itself is located
on the lot adjacent to the west;this segment of right-of-way as
originally dedicated on the old plat serves no public purpose.
As there were no persons offering public testimony,it was moved and seconded
(Newsom/Gillette)the following plats be approved,and it passed unanimously:
2.ACTION ITEMS:
INTERNET ACCESS TASK FORCE (IATF)—PRESENTATION OF SURVEY
RESULTS —lATE Spokesman Al Wasson and member Don Widrig presented
the analysis of the survey results and their investigation into alternative
possibilities in terms of broadband providers.Other lATE Members were also
in attendance and introduced:Lee Lasson,Mike Molloy,and Richard Matzke.
In a slide-show presentation,lATE reported:
The Team met with eight Internet-related vendors.
8,705 surveys were distributed to residents and businesses of the
Estes Valley,with 1,833 returned,a return rate of 21%.
75&of the responding population had one or more computers.At
their home or business.
IATF offered the following recommendations:
•They should disband as planned and let others continue with the project.
•They should maintain contact with vendors until that function is
transferred elsewhere.
•They should make the survey database and/or this report available to
potential vendors as promised.
•The Town should initiate activity to take advantage of grant
opportunities,such as the State’s Beanpole Project.
•The Town should consider communications infrastructure weaknesses to
be serious policy concerns,and focus resources on finding solutions.
Mayor Baudek commended lATE for their excellent report,adding that lATE met
expectations,and that the Town will evaluate the report.
Board of Trustees —April 10,2001 -Page 3
2.STANLEY AVE./HIGHWAY 7 INTERSECTION RE-CONSTRUCTION
PROJECT —AWARD BID.Construction/Facilities Manager Sievers reported
one bid was returned for the April 2 bid opening.Staff has reviewed the unit
prices with the contractor and engineering,and found them to be within an
acceptable cost range,and is recommending acceptance of Kitchen and
Company’s bid in the amount of $46,741,plus a 15%contingency for a total
of $53,752.Additionally,staff is requesting to not limit the work to these
values in the event that CDOT or utility companies respond with unforeseen
additions.Staff anticipates construction will begin the week of April 16th and
be completed by Memorial Day Weekend.Staff does not anticipate
significant CDOT requests,and confirmed that the final cost will remain within
the established budget amount of $125,000,that includes demolition of
certain existing buildings.
Trustee Barker requested,and staff confirmed,that significant expenditure
requests be submitted to the Public Works Committee prior to approval.
Trustee Habecker questioned sidewalks would be impacted and whether an
additional pedestrian crossing is being considered.Director Linnane
responded that additional crosswalks are not included with this project;the
existing crosswalk on Manford,that includes traffic control devices,was
negotiated with CDOT in the Hwy.7 Widening Project.Tony Paglia/School
District,added that he was involved with the widening project,and extensive
studies confirmed where the pedestrian crosswalk should be (and was)
installed.
It was moved and seconded (Newsom/Barker)the Kitchen and Company
bid in the amount of $46,741,plus a 15%contingency for a total of
$53,752 be accepted,directing staff to submit change orders to the
Public Works Committee,ensuring adherence to the established budget
amount of $125,000,and it passed unanimously.
3.McGREGOR MOUNTAIN ADDITION ANNEXATION (formerly known as
the Pratt Addition)—CONTINUED FROM MARCH 27,2001.Mayor Baudek
reported that the public hearing was continued from March 27th to address
power line maintenance concerns.Acting Community Development Director
Joseph briefed the Board on this annexation and Light &Power Director
Matzke reviewed his memorandum dated April 4,2001 where the Light &
Power Department (Department)is willing to withdraw the request for a
dedicated utility easement for this particular annexation due to the timing of
the request,and based on the fact that the owner has no immediate plans to
develop the property.The Department is requesting the approximate location
of the line be indicated on the plat map and that the Department’s right to
access,maintenance and line improvements be preserved.The surveyor has
agreed and the plat has been amended.Discussion followed on power lines
located outside Town limits,properties located outside the Estes Valley
Development Code (EVDC)planning area,and the opportunity,in this
instance,to correct a utility easement issue.
Town Attorney White explained the legal definition of a prescriptive easement,
which,in summary,is defined as an easement that may continue without any
changes whatsoever in the use;the lessee is limited to historic use.This
issue is being reviewed relative to the EVDC.Trustee Barker cautioned
against increasing costs to an already substantial fee to develop land.Mayor
Baudek added that applicant costs are an issue,however,the Town must
ensure the Department is able to provide power when needed.
The Department does not agree with the suggestion that a prescriptive
easement might be preferable to a dedicated utility easement and is taking
Board of Trustees —April 10,2001 -Page 4
the position that all utilities should be located in appropriate easements or
rights-of-way.The Department is requesting consideration of amending the
Estes Valley Development Code to require that annexation plats show
existing easements and utility lines.
There being no further testimony,Mayor Baudek closed the public hearing.
Town Attorney White read Resolution #15-01 and Ordinance #3-01.
Ordinance #3-01 establishing A-I Accommodations Zoning.It was moved
and seconded (Barker/Doylen)Resolution #15-01 and Ordinance #3-01 be
approved,and it passed unanimously.
4.STANLEY HISTORIC DISTRICT —BACKGROUNDIRATIONALE.Town
Attorney White presented a historical perspective on the Stanley Historic
District Development Agreements,and how they relate to the Town-owned
Lot 4 of the Stanley Historic District.In summary,it is Attorney White’s and
Staff’s opinion that the Stanley Historic District Development Agreements
have:
Directly led to the restoration of the Stanley Hotel Complex,
including its substantial increase in sales tax revenues to the Town;
>Development of Lots 3,7 and 9,Stanley Historic District are
aesthetically pleasing and at a scale that does not detract from the
Stanley Hotel Complex nor the surrounding neighborhoods;and
>The preservation of open space on Lots 5,6 and 8 of the Stanley
Historic District.
Acting Community Development Director Joseph presented a review of the
Stanley Historic District Technical Review Process:
>Composed primarily of Town Staff and third-party professional
engineers and architects,as required;
Carefully review the proposal for technical compliance with the
applicable Master Plan provisions;
>The materials formally submitted for review are part of the public
record,as are the findings of the Technical Review Committee.
>The Master Plan provisions address development in a parcel-
specific manner.They consider both the historic integrity of the
Stanley Hotel and the character of the surrounding development.
They provide for a predictable,orderly development within the
Historic District,consistent with the Development Agreements.
Acting Director Joseph reviewed Lots I through 9,explaining development,
open space,view corridors,and proposed development on Lot 2.Audience
comments were heard from Jon verSchuur who questioned the type of road
access to the proposed development and to individual homes to the north?
Staff responded that the existing Development Plan for Lot 2 provides formal
legal status for Parcel I and 2,and he explained the dedicated easement for
the parking area extending into Lot 2.Additionally,maximum density
scenarios were clarified.Mayor Baudek expressed the Board’s appreciation
for the report.
5.CHAMBER RESORT ASSOCIATION TELEPHONE ANSWERING
AGREEMENT.Trustee Barker reviewed historical marketing efforts,and
presented said Agreement effective March 1,2001 through September 30,
2001,with additional one-year periods from September 30th of each year.
Negotiations include that the Town shall pay the Chamber $1 .00/call,as
reported by the monthly AT&T master line billing (or other billing service).
Town Attorney White clarified that in the Agreement,the Town owns the
“leads”generated by the telephone and website,and Item #3 is new and
states that for those businesses located outside Town Limits who wish to
Board of Trustees —April 10,2001 -Page 5
receive referrals from the Chamber,they shall pay annually to the Town a
sum equal to the business license fee imposed on businesses located with
Town Limits.Website advertising is also included.Said revenues will be
utilized for advertising and not be consumed in the General Fund.
Trustee Barker added that both agencies are committed to high customer
service,and Chamber President Cory Blackman stated the Chamber is
committed to its partnership with the Town.The Chamber Resort Assn.
Board did approve the Agreement today.There were no audience
comments,and it was moved and seconded (Barker/Habecker)the
Telephone Answering Agreement be approved,and it passed
unanimously.
6.LIQUOR LICENSING:
A.TRANSFER OF OWNERSHIP from Dennis Roberts to Kathleen A.
Duemig Enterprises,Inc.,dba WAPITI BAR &GRILL,247 W.Elkhorn
Ave.,Tavern Liquor License,Kathleen Duemig Owner/Manager.Ms.
Duemig was introduced.T.I.P.S.training will be scheduled pending
confirmation from the Clerk’s Office.Trustee Barker noted that the Town
Board takes liquor licensing very seriously,especially relative to
underage violations.It was moved and seconded (Gillette/Newsom)
the Transfer of Ownership to Kathleen A.Duemig Enterprises,Inc.,
dba WAPITI BAR &GRILL be approved,and it passed unanimously.
B.CHANGE OF CLASS from a Beer &Wine License to Hotel &Restaurant
License,Local’s Grill,Inc.,dba LOCAL’S GRILL,153 E.Elkhorn Ave.,
Susie Johns,Manager.Mayor Baudek opened the public hearing,and
Clerk O’Connor presented the Application.T.I.P.S.Training was
completed 4/0/00 with Local’s Beer &Wine License Application.Co
Owner Anthony Paglia was introduced.Trustee Barker noted that the
Town Board takes liquor licensing very seriously,especially relative to
underage violations.There being no further testimony,Mayor Baudek
closed the public hearing.Stating that the Board of Trustees finds that
the reasonable requirements of the neighborhood are not met by the
present liquor outlets in the neighborhood and that the desires of the
adult inhabitants are for the granting of this liquor license,it was moved
and seconded (Habecker/Doylen)the Change of Class Application
for a Hotel &Restaurant Liquor License filed by Local’s Grill,Inc.,
dba LOCAL’S GRILL be approved,and it passed unanimously.
C.NEW Hotel &Restaurant License Application filed by Longs Peak
Grilling Co.,Inc.,dba LONGS PEAK GRILLING COMPANY,430
Prospect Village Dr.,Ed Grueff,Manager.Mayor Baudek opened the
public hearing,and Clerk O’Connor presented the Application.TIPS.
training will be scheduled pending confirmation from the Clerk’s Office.
Co-Owner Ed Grueff was introduced.There being no further testimony,
Mayor Baudek closed the public hearing.Trustee Barker noted that the
Town Board takes liquor licensing very seriously,especially relative to
underage violations.Stating that the Board of Trustees finds that the
reasonable requirements of the neighborhood are not met by the present
liquor outlets in the neighborhood and that the desires of the adult
inhabitants are for the granting of this liquor license,it was moved and
seconded (Habecker/Newsom)the New Hotel &Restaurant Liquor
License Application filed by Longs Peak Grilling Co.,Inc.,dba
LONGS PEAK GRILLING COMPANY be approved,and it passed
unanimously.
Board of Trustees —April 10,2001 -Page 6
7.TOWN ADMINISTRATOR’S REPORT.
A.Town Administrator Widmer commented on and distributed preliminary
information on the census.Website data is available,and information
indicates 5,413 residents inside Town Limits.Staff expects housing data
in the summer,however,economic/social data may not be available until
2002.Additional information will be provided when available.
B.The March Building Permit Report indicates year-to-date valuations are
$6.4 Million;in March,2000,the valuation total was $4.3 million.The
workload has caused permit delays,however,the Building Dept.is trying
to improve customer service.
Following completion of all agenda items,Mayor Baudek adjourned the meeting at 8:59
p.m.
ó7ohn Baudek,Mayor
£.7
/
Vickie O’Connor,Town Clerk