HomeMy WebLinkAboutMINUTES Town Board 2001-11-13Town of Estes Park,Larimer County,Colorado,November 13,2001
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 13th day of November,
2001.Meeting called to order by Mayor John Baudek.
Present:Susan L.Doylen,Mayor Prolem
Trustees Jeff Barker
David Habecker
Lori Jeffrey-Clark
G.Wayne Newsom
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:John Baudek,Mayor,Stephen W.Gillette,Trustee
Mayor ProTem Doylen called the meeting to order at 7:00 p.m.
Laurie Button,ChairmanlTown “Helping Hands”Committee gave a report on the
Town’s “Helping Hands”Committee (Badali,Franklin,Mangelsen,A.Steichen,Larson,
and R.van Deutekom).Money from the sale of the Town’s Annual Christmas
Ornament is given to those in need (serious illness,etc.)in the community.Local artist
Herb Thomson (now deceased)provided the artwork for this year’s ornament,and
$1.00 from the sale of the ornaments will be contributed to Thomson’s Scholarship
Fund.The ornament is $8.00/ea.,and a limited quantity is available at Town Hall,
Hallmark,and YMCA.The remaining inventory of 1998 and 1999 ornaments were
displayed and offered at no charge.Mr.Thomson provided a series of 4 drawings for
future use.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Trustee Habecker commented on the failed Event Center/Ice Rink election,urging the
Town Board and community to give support for future consideration of this project.
Mayor ProTem Doylen commended Harry Hutcherson and the Committee for their work
in promoting said facility.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated October 23,2001,Town Board Budget Study
Sessions 10/15,10/18,11/01 and 11/06.
2.Bills.
3.Committee Minutes:
A.Community Development,October 25,2001:
Special Events Dept.:
1.EVRPD Agreement for use of Barn W mid-January to April,2002.
B.Public Safety,November 1,2001:
Board of Trustees —November 13,2001 -Page 2
Police Dept.:
1.Budgeted Radio Equipment Upgrade,$105,000.
C.Light &Power,November 8,2001:
1.Award trenching contracts (2)to Drake Contractors,$27,415 and
Duell Excavating,$15,261.
2.Utility Pole Trailer Purchase,$11,927.
4.Estes Park Housing Authority,September 12,2001 (acknowledgment only).
5.Estes Valley Planning Commission,October 16,2001,and Special Meeting
October 22,2001 (acknowledgement only).
6.Resolution #43-01 —Intent to Annex Stauffer Addition,schedule public
hearing on January 8,2002.
It was moved and seconded (Newsom/Barker)the consent calendar be approved,
and it passed unanimously.
IA.PLANNING COMMISSION “CONSENT”AGENDA (Approval of):
Mayor Prolem Doylen stated if the Town Board,Applicant(s),Staff or the Public
wish to speak on a particular item,a formal Public Hearing would be conducted.
Kristin Moseley,Attorney for Robert &Carol Wands requested Item #2,EPCO
Subdivision be removed from the consent agenda,and the request was granted.
Paul Kochevar,Applicant’s Representative,requested Item #1,Lazy R Collages
be removed from the consent agenda,and this request was also granted.
4.SUBDIVISION.Preliminary Condominium Plat,The Woodlands
Condominiums,Fall River,The Woodlands on Fall River,
lnc./Applicants.The lot is zoned A-I and the existing
accommodations use will continue.The Planning Commission has
recommended conditional approval of the Preliminary Condominium
Map.
It was moved and seconded (Habecker/Newsom)Item #4,The Woodlands
Condominiums be approved,and it passed unanimously.
IA.PLANNING COMMISSION “ACTION”AGENDA:
1.SUBDIVISION.Final Plat and Final Condominium Map of Lazy R
Cottages,James M.WhittleseylApplicant.Mayor Prolem Doylen
opened the public hearing,and Community Development Director
Joseph presented the Staff Report.The Planning Commission
reviewed this item and set conditions for approval;however,the
Applicant did not meet Town Board submittal deadlines.An
Improvement Guarantee was received today,however,other items
remain late in being received and/or reviewed.Utility access is yet
unresolved as well.Staff emphasized that the Applicant has been
cooperative;however,review of condominium maps is difficult;and
staff has attempted to identify provisions in the Code as they relate to
this proposal.In staff’s opinion,this item should be continued based
on the Town’s Submittal Policy and the uncertainty of the utility
easement issue.
Paul Kochevar,Applicant’s Representative,stated that the Applicant
has complied with Planning Commission conditions 1-4,and that the
three comments submitted by Town Attorney White and Light &
Board of Trustees —November 13,2001 -Page 3
Power’s request for a 15’utility easement for the overhead power line
were added after preliminary plat approval.The Code states that the
Planning Commission may add conditions if they believe it is in the
publics’best interest—such is not the case in this instance.Town
Attorney White’s comments will be addressed when the Applicant,not
the Town,records the Declarations;however,the utility easement was
never discussed with the Applicant.Mr.Kochevar is not convinced
Light &Power needs the easement and this easement will encumber
an existing building.--—--
Dir.Joseph stated that Comm.Development routinely discusses utility
easements during the “Pre-App”conference,and confirmed that there
has been uncertainty and difficulty in determining the existing electric
service (service drop or main system)on this proposal,and that both
the Town and Applicant share responsibility in the lateness of resolving
this issue.Light &Power Dir.Matzke commented that perhaps an
aerial easement would suffice.Mr.Kochevar delayed response to this
suggestion pending discussion with the Applicant.Town Attorney
White added that numerous condominium maps are being submitted
and they require a unique type of review.Perhaps is it is appropriate
for staff to review the Submittal Deadline Policy to ensure timely
response from all involved parties.
There was no public testimony thus Mayor ProTem Doylen closed the
public hearing.Discussion followed concerning existing submittal
policy,a desire to assist the customer,and the need for a solution to
the utility easement.It was moved and seconded
(Habecker/Newsom)the Final Plat and Final Condominium Map of
Lazy R Cottages be continued to November 27,2001,not as a
penalty to the Applicant,but to ensure a proper solution to the
utility easement has been reached,and it passed unanimously.
2.SUBDIVISION.Amended Plat of Part of Lots 1,2,15 &17,Block
10,Second Amended Plat of the Town of Estes Park,to be known
as EPCO Subdivision,EPCO,lnciApplicants (Continued from
10/09101).Mayor ProTem Doylen opened the public hearing.Director
Joseph displayed a PowerPoint presentation with a drawing
delineating the site.The Planning Commission discussed at length the
access between adjacent property owners Robert &Carol Wands who
have historically enjoyed access across the EPCO property.The
purpose of amended plat was to correct lot lines,and in the process,
staff requested all easements of record be shown on the plat.The plat
was referred to adjacent property owners for comment,thus Mr.
Wands met with staff and stated he has a recorded right of access
from MacGregor Ave.and also from Virginia Dr.Both recorded rights
of access terminate at the corner of his lot,however,he has historically
traveled across the EPCO property.Although staff generally does not
participate in discussions pertaining to prescriptive rights,staff does
have a responsibility is to ensure existing rights of access and possible
prescriptive rights of access are correctly reflected on a plat.At the
Planning Commission meeting,Wands’attorney pointed out there are
some physical obstructions on the site that pertain to the recorded
rights of access as well as historic rights of access.Attorney Mosely
and Cornerstone Engineering discussed access and Cornerstone has
offered to provide a driveway maintenance agreement on plat and
written access agreement.The Wands and Attorney Mosely’s
interpretation of the Planning Commission condition (access
agreement)was to be entered into between M/M Wands and EPCO
and submitted to staff prior to Town Board action.No such access
Board of Trustees —November 13,2001 -Page 4
agreement has been entered into,nor submitted to staff.Dir.Joseph
stated that the p1st is in a standard form that the Town,as normal
practice,would approve.
Mike Todd/Cornerstone Engineering,appeared requesting the Town
waive the written access maintenance agreement as the Wands have
no obligation for maintenance of the driveway.Negotiations have
stalled,and the Wands’existing easement has not been vacated thus
it remains in tact.Also,an additional easement on the north end of the
site has been provided on the plat.
Attorney Mosely confirmed her client is not trying to stall the process,
however,historical access is now blocked—the Wands desire
adequate access and insufficient turning radius into their property has
not been provided.
Town Attorney White reported that the p1st does show the easements
of record and the new easement that EPCO is willing to grant the
Wands;Wands does not have to accept the new easement and it is
not within the Town Board province to referee the access dispute.The
Plat complies with all standards for amended plats.
Discussion followed,and it was moved and seconded
(Habecker/Barker)the Amended Plat of Parts of Lots 1,2,15 &17,
Block 10,Second Amended PIat o the Town of Estes Park,EPCO
SUBDIVISION be approved,with Planning Commission condition
#1 pertaining to easements for the Estes Park Sanitation District,
and without Planning Commission conditions #2 and #3
pertaining to the driveway maintenance agreement and written
access maintenance agreement,and it passed unanimously.
3.SUBDIVISION.Preliminary Plat,Solitude Subdivision of Lot 1,
Carison Addition,Frederic &Susan Carlson/Applicants.Director
Joseph presented the staff report for this lot that is zoned A-
Accommodations,located at 600 Fish Creek Road and proposed to be
subdivided into 7 lots (for sale)for accommodations purposes (equates
to 5 dwelling units/acre).Past use has alternated between short-term
and long-term rentals.The Planning Commission has recommended
conditional approval of the preliminary p1st.Applicant’s representative
Paul Kochevar stated that staff has been adequately described the
proposal;the preliminary plat has been submitted to he Planning
Commission;and conditional items have been incorporated in the plat.
As there was no public testimony,Mayor ProTem Doylen closed the
public hearing.It was moved and seconded (Newsom/Jeifrey-Clark)
the Preliminary Plat of Solitude Subdivision be approved with the
Planning Commission conditions,and it passed unanimously.
2.ACTION ITEMS:
1.2001 BUDGET SUPPLEMENT —RESOLUTION #27-Of.Finance Officer
Brandjord presented and clarified the Resolution supplementing the Budget for
the year ending December 31,2001.Attorney White read Resolution #27-01,
and it was moved and seconded (Barker/Newsom)Resolution #27-01 be
approved,and it passed unanimously.
2.2002 BUDGET PUBLIC HEARING -ADOPTION.Town Administrator Widmer
and Finance Officer Brandjord presented the 2002 Budget and the following
documents:
A.Highway User’s Trust Fund.
Board of Trustees —November 13,2001 -Page 5
B.Resolution #44-01 —Setting the Mill Levy of 1.902 mills.
C.Resolution #45-01 —Adopting the 2002 Budget of $28,953,776.
D.Resolution #46-01 —Appropriating Sums of Money.
Finance Officer Brandjord requested Resolution #44-01 be continued to
December 11,2001,and it was moved and seconded (Habecker/Barker)
Resolution #44-Of be continued to December 11,2001,and it passed
unanimously.
Budget assumptions include a projected 4.5%increase in sales tax.Salary
increases are proposed as a 3.8%cost of living adjustment plus a 1.8%merit
pool,for a total of 5.6%.Medical insurance is expected to increase 16.7%and
dental insurance is expected to increase 13.4%.Many of the Town Board goals
adopted in May,2000 have also been incorporated.
Mayor ProTem Doylen opened the public hearing,and,following presentation,it
was moved and seconded (Newsom/Jeifrey-Clark)the Highway Users Trust
Fund be approved,and it passed unanimously.
Town Attorney White read Resolutions #45-01 and #46-01.There being no
public comment,Mayor ProTem Doylen closed the public hearing.It was moved
and seconded (Barker/Newsom)Resolutions #45-01 and 46-Of be approved,
and it passed unanimously.Trustee Barker noted the Town Board’s and staffs
numerous study sessions resulting in submittal and adoption of the 2002 Budget.
3.TOWN ADMINISTRATOR’S REPORT.
A.Sales Tax Report.September statistics indicate an increase of 7.8%from
2000;year-to—date is up 5.2%over 2000.
B.Ice Rink.Citizens who would like this project to continue were urged to
contact the Town Board and EVRPD Board by written letters.Letters will
assist both Boards in gauging the level of community support.
NOTE:The Board of Trustees will conduct one Town Board meeting in
December,December 11,2001.
Concluding all agenda items,Mayor ProTem Doylen adjourned the meeting at 8:53 p.m.
Susan L.Doylen,Mayor ?Tem
rz
Vickie O’Connor,Town Clerk