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HomeMy WebLinkAboutPACKET Town Board 2001-04-24Prepared 4/17/01 The Mission of the Town of Estes Park is to plan and provide reliable, high- value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 24, 2001 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 10, 2001. 2. Bills. 3. Committee Minutes: A. Light & Power Committee, April 12, 2001: 1. RMNP Underground Trenching Contract (to be reimbursed by the NPS). 2. Fall River Hydro Plant Contract for Site Development Design. 4. Olympus Annexation and Rezoning #1 through 4 - Continue public hearing from April 24, 2001 to May 22, 2001. 2. ACTION ITEMS: 1. 2001 ELECTRIC RELIABILITY STRATEGY PRESENTATION - Mike Dahl/Platte River Power Authority. 2. TOWN ADMINISTRATOR'S REPORT. NOTE: DUE TO SCHEDULING CONFLICTS, THE JUNE 26 TH TOWN BOARD MEETING HAS BEEN CANCELED. 1 Town of Estes Park, Larimer County, Colorado, April 10, 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 ProTem 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.MA 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. lA. 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 Plat 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: 1. INTERNET ACCESS TASK FORCE (IATF) -PRESENTATION OF SURVEY RESULTS - IATF Spokesman At Wasson and member Don Widrig presented the analysis of the survey results and their investigation into alternative possibilities in terms of broadband providers. Other IATF Members were also in attendance and introduced: Lee Lasson, Mike Molloy, and Richard Matzke. In a slide-show presentation, IATF 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 lATF for their excellent report, adding that lATF 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 2nd 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-1 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 - BACKGROUND/RATIONALE. 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 Staffs 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 1 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 1 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. T.I.P.S. 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, economidsocial 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. John Baudek, Mayor Vickie O'Connor, Town Clerk BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 12, 2001 Minutes of a Regular meeting of the LIGHT & POWER COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 12th day of April, 2001. Committee: Chairman Jeffrey, Trustees Habecker and Newsom Attending: Chairman Jeffrey and Trustee Habecker Also Attending: Town Administrator Widmer, Light & Power Director Matzke, Clerk O'Connor Absent Trustee Newsom Chairman Jeffrey called the meeting to order at 8:00 a.m. YEAR-ROUND LIGHTING PROPOSAL FOR SEASONAL DISPLAY CROSS ON PROSPECT MOUNTAIN. This item was introduced by Mary Healy at the March 8th Committee meeting and staff was directed to research the request. Proposal representatives have offered to pay the annual cost to light and maintain the display cross which has traditionally (since 1967) been lit for the Christmas holiday season and Easter weekend. Numerous phone calls were received, and correspondence was distributed. Staffs annual cost estimate associated with year-round lighting is $4,700/yr. The Department does not support this proposal as this activity would detract from work at hand, and there is a consensus of opposition (including the property owner where the cross is located). Administrator Widmer reviewed Town Attorney White's legal opinion, which in summary, states that based on Colorado case law and the content (lighted Christian symbol), and context of the display of the cross, lighting of the cross is a violation of both the Colorado and U.S. Constitutions. This opinion includes Town participation in the display of the cross during the Christmas season, the Easter weekend, and during any other part of the year. Administrator Widmer suggested the cross be lighted this weekend for Easter and no longer, pursuant to employee safety concerns relative to repair and/or replacement. Karen Bishop questioned whether a fund could be created by the community for maintenance, and if the fund could be made available to the Dept. to provide the maintenance? Town Administrator Widmer confirmed that pursuant to the legal opinion, no, the Town could not participate. Discussion followed, with the Committee expressing their appreciation to proponents of the request and, based on legal findings and potential safety concerns involved, recommends the display cross be lighted for this coming Easter, and when the Dept. must spend significant money to repair and/or replace the cross, staff be authorized to permanently phase-out the display cross display. 2001 ELECTRIC RELIABILITY STRATEGY - PRPA REPORT. PRPA Representative Mike Dahl presented a slide program on said reliability strategy- 'What's happening in California and why we're different", and "What plans have been BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Light & Power Committee - April 12, 2001 - Page 2 made the summer season: In summary, there are significant differences between the local market vs. California; market prices are a factor locally; loads have grown significantly; PRPA is adding resources to meet the projected loads; and PRPA does not anticipate a rate impact. Following a question and answer period, the Committee expressed their appreciation to Mr. Dahl and requested he present this program at the April 24~h Town Board meeting. STANLEY VILLAGE STREETSCAPE TRENCHING CONTRACT - AWARD. EPURA has agreed to fund Streetscape improvements on the west side of Stanley Village Shopping Center, including 9 decorative street lights and outlets for Christmas lighting in the trees along the existing sidewalk. The Department has received a proposal to install conduits, etc. from Duell Excavating for an estimated cost of $4,850. The Committee recommends awarding the trenching contract to Duell Excavating for the estimated fee of $4,850. RMNP UNDERGROUND IN"TUXEDO"PARK TRENCHING CONTRACT - AWARD. The Department has an ongoing program with the NPS to rebuild the electric system in RMNP. The project includes replacing approximately 1,300' of aged three-phase overhead primary with underground in Tuxedo Park (above Moraine Park). Quotes were received from three contractors and the lowest bid was received from A-1 Excavating for $15,250. The total estimated cost of this project, including Light & Power Department material, labor, etc. is $30,000, and all costs will be reimbursed by the NPS. Staff anticipates a budget amendment later this year if all capital projects are bid close to budget estimates. The Committee recommends awarding the bid to A-1 Excavating for an estimated cost of $15,250, with the understanding a budget amendment may be required. FALL RIVER HYDRO PLANT - CONTRACT FOR SITE DEVELOPMENT DESIGN. A scope of work has been received from Mundus Bishop Design to complete construction documentation for the Hydro Museum site and landscape areas, and to provide construction administration services. Estimated cost is $5,840 and the budget includes $140,000 for the Restoration Project, however, staff does not anticipate using any State Historical Grant funding for this portion of the project. The entire project is to be completed this fall. The Committee recommends awarding the contract as stated above to Mundus Bishop Design at an estimated cost of $5,840. REPORTS. Platte River Power Authority. PRPA has initiated an innovative Shaft-sharing Agreement with Tri-State Generation and Transmission Cooperative for the Rawhide Unit and Craig 3 Unit. Financial Report. The March graphs were reviewed, sales are 7% higher than the same period last year. BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Light & Power Committee - April 12, 2001 - Page 3 Customer Satisfaction Update. As previously directed, Admin. Ass't. Button presented a summary of results for the Customer Satisfaction Survey from October 2000 through February 2001. Customer survey comments were noted, and client alerts result in personal Department contact. In summary, customers are satisfied, and staff communication efforts regarding customer education is improving. Trustee Habecker questioned whether the Town had any oversight responsibilities with the telephone system, and in particular, the state of disrepair of connection boxes, telephone wires laying on the ground. Stating a written complaint is warranted, the Committee recommends the Mayor write a letter of complaint to the PUC. There being no further business, Chairman Jeffrey adjourned the meeting at 9:25 a.m. 02£20 68-Ox) Vickie O'Connor, CMC, Town Clerk