HomeMy WebLinkAboutMINUTES Town Board 2004-02-10Town of Estes Park,Larimer County,Colorado,February 10,2004
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 1 Qth day of February,2004.
Meeting called to order by Mayor John Baudek.
Present:John Baudek,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
Stephen W.Gillette
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:None
Mayor Baudek called the meeting to order at 7:00 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Trustee Habecker corrected a recent headline in the Trail Gazette for an article he himself
submitted as a Letter to Editor—he was speaking on his own behalf,not that of Trustees.
Trustee Jeffrey-Clark invited the Town Board and audience to a “Partners Benefit Bingo”on
Thursday,2/1 2/04—dinner will be served at 5:30;bingo at 6:30;the fee is $10.00.
Trustee Gillette requested Town Attorney White confirm whether changing Estes Park’s
form of government from ‘statutory”to “home rule”would change the voting boundaries.
Attorney White responded that only those residents residing within the jurisdictional limits
are allowed to vote regardless of the form of government.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated January 27,2004.
2.Bills.
3.Committee Minutes:
A.Community Development,February 5,2004:
Special Events Dept.:
1.A.Standard Agreements:
•Powder River Rodeo LLC (2004 June Series Rodeo
Production),$24,000.
•Christmas Parade Director Letter of Understanding,$10,000.
B.Standard Horse Show Agreements:
•Colorado Arabian Horse Club,July 2-4,2004.
•Rky.Mtn.Miniature Horse Club,June 16-20,2004.
Board of Trustees -February 10,2004 -Page 2
Colorado Hunter Jumper Assn.,July 22-25,2004.
2.Stanley Park Master Plan Schematic —Approval.
3.Drainage Study Proposal,Van Horn Engineering,$17,450.
Museum Dept.:
1.Name Change from Estes Park Area Historical Museum to Estes
Park Museum.
2.Birch Ruins Historic Structure Contract,City Visions,$7,250.
3.Birch Cabin Restoration Contract,Sterling Holdorf,$14,585.
4.Estes Park Housing Authority,January 14,2004 (acknowledgment only).
5.Estes Valley Board of Adjustment,February 3,2004 (acknowledgement only).
6.Estes Valley Planning Commission,January 20,2004 (acknowledgement only).
It was moved and seconded (Doylen/Gillette)the consent calendar be approved,and it
passed unanimously.
IA.PLANNING COMMISSION AGENDA (Approval of):
Mayor Baudek opened the Public Hearing for all Consent Agenda Items.
1.CONSENT ITEMS:
1.AMENDED PLATS.
A.Amended Plat of Lots 21 &22,Block 7,Country Club Manor
Addition,Karl Ropp &William Lockhart/Applicants.
2.PRELIMINARY,FINAL &SUPPLEMENTAL CONDOMINIUM MAPS.
A.Lodges at Black Canyon Hills,Final Condominium Map,Lot 1,
Mount View Park Addition,and a Portion of Meyer’s Addition,
James Sloan/Applicant.
B.EPCO Condominiums,Preliminary &Final Condominium Map,Lot
1,EPCO Subdivision,Dennis K.Brown/Applicant.
C.Ranch Meadow II Condominiums,Preliminary Condominium Map,
Lot 16,Ranch Meadow Subdivision,Richard H.Wille/Applicant.
D.Ranch Meadow II Condominiums,Final Condominium Map,Lot 16,
Ranch Meadow Subdivision,Richard H.Wille/Applicant.
3.FINAL SUBDIVISION PLATS.
A.Mangelsen Subdivision,a Portion of Lot 32,Bonnie Brae Addition.
&Lot 4,Habitat Subdivision,Habitat for Humanity of Estes Valley,
I nc./Applicant.
There being no public testimony,Mayor Baudek closed the public hearing.Trustee
Habecker declared a “conflict of interest”,and requested Items 2.C.and D.be
removed from the Consent Agenda and voted upon separately.
It was moved and seconded (Habecker/Jeifrey-Clark)Items 1.A,2.A.and B.,and
3.A.be approved,and it passed unanimously.
It was moved and seconded (Newsom/Gillette)items 2.C.and D.be approved,and
it passed with Trustee Habecker Abstaining.
3.ACTION ITEMS:
A.&B.Rezoning of Lot 3,Skoog Subdivision,from R-M Multi-family to
E-1 Estate,and Preliminary Plat of Deer Ridge Subdivision,a Replat of
Lots 3 and 4,Skoog Subdivision,John SkooglApplicant.Mayor Baudek
opened the Public Hearing for the Rezoning request and Preliminary Plat.
Planner Shirk presented the Staff Report reporting that the Applicant
Board of Trustees -February 10,2004 -Page 3
also intends to adjust the common property line between Lots 3 and 4
and subdivide Lot 3 from one lot to three lots.Approval of the rezoning
request is conditional upon approval of the requested subdivision and
proposed preliminary plat.The Applicant is allowed 12 months to
finalize the plat;failure to complete the plat within 1 yr.would require
the Applicant to resubmit the entire application.
There being no public testimony,Mayor Baudek closed the public
hearing.It was moved and seconded (Habecker /Doylen)the
Rezoning Request for Lot 3,Skoog Subdivision from R-M to E-1
and the Preliminary Plat of Deer Ridge Subdivision be approved
contingent upon the conditions listed in the Staff Report dated
February 4,2004,and it passed unanimously.
C.&D.Rezoning of Lots 1,6,7 &Portions of Lots 16 &17,Sunny
Acres Addition,from C-O,RM &E-1 to C-O,The Lane Ill Group.
lnc.IApplicant.Mayor Baudek opened the public hearing,and Planner
Chilcott presented the Staff Report.
Rezoning.The Applicant is requesting to rezone all land within the
boundaries of the Fall River Village Preliminary P.U.D.plat to the C-O
Outlying Commercial zoning district with the Planned Mixed-Use P.U.D-M
overlay district.The Planning Commission found that the rezoning
application met the three criteria (read aloud)for rezoning and
recommended conditional approval of the rezoning request.The Comp
Plan encourages redevelopment of this property,and Performance Park
and Trail encourage this type of development.
Preliminary P.U.D.#04-01.P.U.D.review involves two submittals:a
preliminary P.U.D.application and a final P.U.D.application.This is the
preliminary application,and the Town Board will also review the final
application.The preliminary plat portion of the P.U.D.application
subdivides the 7.051-acre property into 8 lots and 2 outlots.Lots 1 through
7 (on the upper portion of the property)are proposed for single-family
development and range in size from 0.239 acres to 0.433 acres.Lot 8 (on
the lower portion of the property),is 3.525 acres and is proposed for 64
accommodation units (short term rentals).The applicant intends to
condominiumize Lot 8 and sell the accommodation units as time-share
condominiums.Outlot A is for a private Street,Sunny Acres Court,and
Outlot B is a 0.890 acre lot that will be dedicated to the Town for non-
motorized public access.Although the development plan portion of the
P.U.D.application shows all lots,staff and the Planning Commission
focused their review on the 64 accommodation units on the proposed Lot 8.
The plan proposes 8 buildings,each with 8 units.An on-site office is also
proposed;each unit will be 750 sq.ft.or less and a total of 70 parking
spaces are provided.No density bonus is granted.
Redevelopment.Currently,there are 33 mobile homes on the site,7
of which are owned by Robert Filbey.One single-family home is also
located on the site.These homes provide low-income housing for Estes
Park residents.Redevelopment will involve removal of these mobile homes
and the single-family home,requiring current residents to relocate;there are
state statutes that govern the redevelopment process of mobile home
parks.A draft development agreement addresses a time extension for the
removal of the homes and resident relocation,and the Building Dept.is
reviewing the Municipal Code pertaining to moving buildings and the
possibility of waiving associated fees.
The Planning Commission has recommended approval of the rezoning
request with the condition that the rezoning be contingent upon Town Board
approval and recordation of the proposed P.U.D.#04-01.The Planning
Commission further recommended approval of the preliminary application
Board of Trustees -February 10,2004 -Page 4
for the P.U.D.,which includes a preliminary plat and development plan:(1)
the findings as contained in the Staff Report dated 1/20/04 prepared by
Planner Chilcott and (2)all 40 conditions contained in the Planning
Commission minutes dated 1/20/04.The Applicant has reduced the
number of gates from 3 to one and the remaining location will affect mail
service.
Trustees comments/questions are summarized as follows:clarification of
the floodplain (proposed buildings being within the 500-yr.flood);street
lighting/pollution (lighting must be shielded);confirmation that the rezoning,
preliminary P.U.D.#4-01 and redevelopment,along with the 40 conditions
are subject to approval/denial during this public hearing;the Applicant has
addressed most of the 40 conditions which,in staff’s opinion,ate for the
most part minor in nature;the 24-mo.time extension offered by the
Applicant may give a false sense of security—a specific deadline may be
preferable.
Comments/clarification from Noel Lane/Applicant are summarized as
follows:provided the family’s ownership history;Colorado Mobile Home Act
notice requirements for residents;development phasing and infrastructure
installation;uncertainty as to whether the mobile homes may be moved due
to the age of the units,and on-going discussions with various agencies to
assist in this regard;the opportunity for redevelopment during easement
discussions with the Town concerning the Fall River Trail;the
Accommodations zoning provides viability of the project;workforce housing;
of the 34 spaces,only 13 are paying their rents and rental fees have not
been raised in 12 years.
In response to a question regarding the timeframe for project completion,
Mr.Lane stated he is investigating a 3%-4 yr.program and timing in
uncertain as this time for the proposed 7 single-family lots.
Audience comments in opposition to the Application were heard from the
following:
Gerald Alimer,Michelle Newman and Charles LindquistlColorado
Coalition for MobilelManufactured Home Residents Rights (distributed
and read a letter dated 2/10/04—in summary,hardship and financial losses
will be incurred by residents of Fall River Village;the residents need more
time;and volunteers and donations are needed to help offset the living
expenses for the residents while they are in transition.)
David Bye/Colorado Legal Services,representing Stan Kessman.In
summary,his client has improved his mobile home,repaid the loan,and he
is now facing relocation;his home has been accepted elsewhere;however,
he cannot afford to move it.Questioned the basis of the 3 criteria
mentioned above as well as Chapter 5 Use Regulations/E.V.D.C.,Mobile
Home Statute regarding notice to residents,the elimination of affordable
housing for this site,and urged the decision be approved with conditions
that protect the homeowners for their losses.When questioned,Mr.Bye
confirmed the property owner does have the right to shut-down the mobile
home park.
Rebuttal was heard from Messrs.Alimer and Lane.Concluding all
testimony,Trustee Newsom stated it is not the Town Board’s responsibility
to resolve disputes between the residents and the property owner.The
Town Board’s role is to ensure the application process was conducted
according to the Development Code and that all conditions for approval are
met.
Board of Trustees -February 10,2004 -Page 5
Mayor Baudek closed the public hearing,and concluding Trustee remarks
were heard.Whereupon,it was moved and seconded (Habecker/Jeifrey
Clark)the Rezoning,Preliminary P.U.D.,Preliminary Plat and findings
be approved with all 40 conditions as described in the Planning
Commission Minutes dated 1120104,with confirmation from Town
Attorney White that the Applicant has stated no overnight rentals are
planned for the single-family detached homes (Condition #16),and it
passed unanimously.Trustee Barker added that the Town does not “give
lip service to affordable housing”and the Town has and continues to play a
significant role in affordable housing.
2.ACTION ITEMS:
1.RE-APPOINTMENTIAPPOINTMENT —ADVERTISING COMMITTEE.Mayor
Baudek presented the following for re-appointment to the Advertising Committee:
Jeff Barker Deeva Boleman
Jerry Donner Kyle Patterson
Rob Pieper Tom Pickering
Randy Repola Peter Marsh
Trustee Barker declared a conflict of interest and stated he would not participate in
discussion nor vote.All terms are for two years,expiring 4/11/06.It was moved and
seconded (Doylen/Newsom)the aforementioned persons be appointed to the
Advertising Committee,and it passed with Trustee Barker Abstaining.
2.RESOLUTION #4-04 -RE-APPROPRIATION OF 2003 ENCUMBERED FUNDS TO
THE 2004 BUDGET.Finance Officer Brandjord read the Resolution increasing the
2004 budget for outstanding 2003 budget encumbrances.It was moved and
seconded (Newsom/Gillette)Resolution #4-04 be approved,and it passed
unanimously.
3.RESOLUTION #5-04 —SUPPORTING.THE PROPOSED SISTER CITY
AFFILIATION WITH MONTEVERDE,COSTA RICA.Note:To facilitate members
of the audience,Mayor Baudek moved this item forward;however,the report of this
item corresponds to the published Agenda.Museum Director Kilsdonk introduced
Jim Thompson,Vice President,and Christine Hall,President/Estes Park Sister Cities
International,Inc.,who gave background information on their search for an
International Sister City.The local Sister City Program was initiated in November
2001 by Mayor Baudek and interested citizens (volunteers).The resolution officially
invites Monteverde,Costa Rica to enter into a formal agreement establishing
Monteverde and Estes Park as Sister Cities.Attorney White read the Resolution,
and it was moved and seàonded (Doylen/Newsom)Resolution #5-04 be
approved,and it passed unanimously.
4.AMERICAN LEGION -RAMEY PROPERTY,PORTION OF LOTS 30 &31,
RIVERSIDE SUBDIVISION (West end of Gateway Property)—REQUEST TO
SHARE PURCHASE.Town Administrator Widmer reported that the Land Trust is
requesting the Town share a third of the purchase price of both lots from the
American Legion.The lots are a natural extension of the Gateway property and the
Land Trust is proposing placing a conservation easement before they are deeded to
the Town.The purchase price is $75,000 and the Town’s portion (1/3 =$25,000)
could be funded from the Larimer County Open Space Fund.Jim White/EVLT
reported that negotiations began in 1997,the Larimer County Open Space Board
was advised of progress,and the EVLT was first required to purchase the site and
then seek joint funding.Negotiations resulted in a fair price to both parties.It was
moved and seconded (Newsom/Gillette)the Town participate in the purchase of
Lots 30 and 31 with the expenditure of $25,000,and placing a conservation
easement as described above,and it passed unanimously.Mayor Baudek
Board of Trustees -February 10,2004 -Page 6
expressed the Board’s appreciation to the EVLT for their lead role on this open
space purchase.
5.RESOLUTION #6-04 —OPPOSING EFFORTS TO LIMIT USE OF EMINENT
DOMAIN.EPURA Exec.Dir.Smith outlined HB 04-1 203 that was introduced in the
State Legislature aimed at severely limiting the powers and potential effectiveness of
urban renewal authorities.This Bill would eliminate the use of eminent domain for
economic development purposes,stating that properties acquired by use of eminent
domain may not be transferred to private parties.Town Attorney White confirmed
that to the best of his recollection,the Town has never used eminent domain.Dir.
Smith added that EPURA has used this power in 3 instances,two of which were on
friendly terms.It was moved and seconded (Newsom/Barker)Resolution #6-04 be
approved,and it passed unanimously.
6.TOWN ADMINISTRATOR’S REPORT.
Municipal Building Remodeling Proiect —Update.Construction has begun and
completion is expected by June,2004.Renovation plans include a new public
restroom facility.
Following completion of all agenda items,Trustee Barker reported on a recent CML Policy
Meeting where pending Bills in the State Legislature were discussed,and he urged aN
elected officials to lead rather than encumber everyone with “knee-jerk”reactions to various
situations and/or concerns.
Mayor Baudek welcomed students from the 2004 Citizen Information Academy and
adjourned the meeting at 9:36 p.m.
Baudek,Mayor
C4j
Vickie O’Connor,Town Clerk