HomeMy WebLinkAboutMINUTES Town Board 1994-02-08Town of f Estes Park,Larimer County, Colorado,February .8 .
., 19 .9.4 .
Minutes of a .Regular ..meeting of the Board of Trustees of the Town o f
Estee Park, Larimer County, Colorado . Meeting held in the Municipal Building i n
said Town of Estee Park on the
8th .
day of ...
.Febr}1,YD .,19 .94 .
at regular meeting hour .
H . Bernerd Dannel s
Meeting called to order by Mayor
Prevent : Mayor H . B . Dannel s
Also Prevent :Gary F . Klaphake ,
Town Administrato r
Gregory A . Whit e
Town Attorne y
Vickie O'Conno r
Town Cler k
Absent :
Non e
Mayor Dannels called the meeting to order at 7 :34 P .M .
PUBLIC INPUT .
There was no public comment .
CONSENT CALENDAR :
1.Town Board minutes dated January 25, 1994 .
2.Bills .
3e
Committee Minutes :
A.Special Events, January 27, 1994 .
B.Public Works, January 27, 1994 .
C.Community Development, February 3, 1994 .
D.Planning Commission, January 25 & February 1 and 2, 199 4
(acknowledgement only).
4.1993 Conversion Study Continue to February 22, 1994 .
5.Intergovernmental Agreement with Larimer County concernin g
Comprehensive Planning - Continue to February 22, 1994 .
It was moved and seconded (Dekker/Hix) the consent calendar b e
approved,and it passed unanimously .
ACTION ITEMS :
1 .A . Stanley Historic District Master Plan - Presentation by Do n
Brandes/DSW .Mayor Dannels opened the public hearing . Town
Administrator Klaphake reviewed the process taken to produc e
the Master Plan and Design Guidelines . Don Brandes/DSW
presented the project overview, including a slide progra m
which identified all nine parcels, comparing existing an d
proposed uses . Town Attorney White outlined the individua l
Development Agreements between : FHK Company, Overlook Limite d
Partnership, and Stanley Hotels, Ltd ., reporting that althoug h
said Agreements had been negotiated with the three propert y
owners, final approval rested with the Town Board by means o f
adopting an ordinance . The Agreements remain in effect for 1 5
years from execution . In the event that construction begin s
on any individual parcel, the Development Agreements an d
Design Guidelines will be in effect in perpetuity . The Tow n
will lease Stanley Hall for 10 years for a Performing Art s
Center . The lease is $10,000/yr . to be used for improvement s
George J . Hix ,
Mayor ProTem
Gary R . Brown ,
Robert L . Dekker ,
Susan L . Doylen ,
Stephen W . Gillette ,
David Habecke r
Trustees :
Board of Trustees ®February 8, 1994 ®Page 2
and any related parking, landscaping facilities . The leas e
term is on a one-year basis . The Town will also have a 15 -
year option on the Carriage House for a Cultural Arts Center .
If a Cultural Arts Center is constructed, it will be lease d
for 30 years at the rate of $1 .00/yr . The Town has agreed t o
purchase Parcels 5, 6,& 8 for open space . This open spac e
will be held in perpetuity . In addition, the Town will gran t
a $30,000 water tap credit for Parcel 7 .
Mayor Dannels requested comments in favor of the proposal .
Hearing none, comments in opposition were heard from :Rowlan d
Retrum who stated the Town is "better off sticking with wha t
we have, the existing Stanley Historic District Ordinance ."
In summary, Mr . Retrum°s comments referred to the changes mad e
to the existing Historic District Ordinance by the propose d
Master Plan, specifically relating to requirements previousl y
established by the Stanley Hills P .U .D ., zoning regulations ,
$522,000 subsidy for roadways and open space, 30% designate d
open space, failure to record on the plat any of the ope n
space or view corridors, and density calculations .
Staff responded to questions jointly raised by five resident s
in a letter dated February 4, 1994 . Staff's memorandum, date d
February 7, 1994, is summarized as follows : (1) The Stanle y
Historic District Ordinance was adopted by the Board o f
Trustees . The electorate rejected the citizen-propose d
historic ordinance ; (2) The Stanley Historic Ordinance did no t
divide the district into 9 parcels . It recognized existin g
lots of record and established view corridors to The Stanle y
Hotel .
The designation of view corridors included th e
provision for the transfer of development density from th e
view corridor to adjacent property . The Parcels wer e
established by the Development Agreement Master Plan and th e
preliminary plat . For Parcels 4 through 9, FHK Company i s
required to submit through the Planning Commission and Tow n
Board a final subdivision plat . Parcels 5, 6, and 8 will b e
designated as permanent open space and transferred to Tow n
ownership upon payment of $100,000 . A no-build area will b e
established for Parcel 4 on the final plat . At the time o f
development of each parcel, a minimum of 30% open space wil l
be established ; (3) (a) The Stanley PUD of 1977 is bein g
superseded by the Development Agreements . (b) The Estes Park
Urban Renewal Authority has endorsed the Stanley Histori c
District Master Plan . The Town Board will conside r
modification of the Estes Park Downtown Redevelopment Program
to include the land uses and design guidelines and standard s
into the Urban Renewal Plan ; (c,d) All requirements of th e
Historic Ordinance and underlying zoning have been complie d
with or exceeded with the following exception : The 100 foo t
setback on the south end of Parcel 9 has been reduced to 2 5
feet for a building or 10 feet for parking from the Highway 3 4
bypass right-of-way, and reduced the parking setback from th e
MacGregor Avenue right-of-way from 15 feet to 20 feet ; (4) Th e
Stanley Historic District Road is a public street connectin g
two public streets . The road will provide access to all o f
the Stanley Historic District parcels . It is no differen t
than the Moccasin Bypass which connected two public streets .
It is not a subsidy but a cost of improving the safety o f
traffic flow through Stanley Village and the intersection wit h
the Highway 34 Bypass . The cost of the road is estimated a t
$250,000 when completed . The legal fees involved to obtai n
title to the road is approximately $19,000 and the cost o f
survey and engineering work for the road construction wa s
$22,100 . The cost to prepare the preliminary plat was $4,000 .
Design Studios West (DSW) acted as facilitator/planner t o
obtain cooperation from the three land owners . The cost o f
the DSW contract was $63,000 ; (5) The graphic Master Plan i s
illustrative but does achieve 30% open space through perimete r
setbacks, as allowed by zoning, and space between and amon g
buildings . At the time of development, a minimum of 30% open
Board of Trustees - February 8 ®1994 - Page 3
space will be established ; (6) Parcels 5, 6 and 8 will b e
designated as perpetual open space at the time of acquisitio n
by the Town . A no-build area on Parcel 4 has been designated .
Open space will be designated on development plans for al l
parcels ; (7) the Stanley Historic District Master Plan has se t
limited land uses on each parcel . The maximum density is les s
than allowed by zoning, using the density calculations use d
throughout the Town . The required setbacks on Parcel 2 fro m
Black Canyon Hills has been increased from the zonin g
standards of 25 feet to 50 feet . The parking setbacks o n
Parcel 9 have been reduced to MacGregor from 15 feet to 1 0
feet and 25 feet to 10 feet from the Highway 34 Bypass right -
of-way . The Technical Review Committee cannot reduce any
perimeter setback (page 19 of Exhibit A). The illustrativ e
cul-de-sac serving Parcel 3 does exceed Town standards i n
terms of number of units served . This can be corrected b y
connecting this proposed street to Steamer Drive ; however, i t
was felt this would be detrimental to residents on Steame r
Drive ; (8) The Master Plan does reduce density and that ha s
been demonstrated for each parcel . The ability to transfe r
density from the view corridor parcels was eliminated ; (9 )
Town regulations allow for multi-family or condominiu m
development to occur on one lot without subdivision ; (10) The
agreements may only be amended by mutual consent of th e
parties . The Town as a party is represented by the Town Boar d
of Trustees . All changes must be approved by the Town Board .
Staff reiterated that : the open space will be permanen t
through the public hearing process, it will not be left fo r
future Boards to change - the open space will be held i n
perpetuity ; when development occurs, the open space must b e
designated, and it can be so designated any number of ways ; i n
staff's opinion, obtaining free title is not an issue - th e
Town will receive clear title to purchase Parcels 5, 6, &8
for said open space ; the Technical and Architectura l
Committees must "stay within the Plan", any proposed sweepin g
changes must be under the control of the Town Board, it is no t
intended that the Town Administrator and said Committees vary
in any substantial manner from the Master Plan ; the Desig n
Guidelines are more restrictive than current regulations ; th e
intent of the Master Plan drawing was to illustrate th e
maximum units that could be developed--the drawing wa s
presented for illustrative purposes only ; the Developmen t
Agreements require that if the site is subdivided, it mus t
follow the established subdivision process-this conditio n
cannot be waived and the submittal is considered by th e
Planning Commission and Town Board ; the Development Agreement s
will remain in place as a covenant that goes with the land ,
regardless of ownership of the hotel ; two single-family lot s
will be allowed in Parcel 1 west of the hotel complex, the y
can be developed ; however, is the area is subdivided, it mus t
go through the subdivision process .
Mr . Retrum requested clarification on the designation of ope n
space on the plat ; confirmation that the Town will covenan t
Parcels 5, 6, & 8 for open space ; calculation of density and
open space ; and the regulation that states a cul-de-sac ma y
only serve 12 units . Staff responded to Mr . Retrum . Ther e
being no further testimony, Mayor Dannels declared the publi c
hearing closed .
Trustee Brown moved all three Development Agreements and th e
proposed ordinance be adopted and Town Attorney White read th e
ordinance in full . Trustee Dekker seconded the motion .
Trustee Brown offered, as his reasoning for the motion, tha t
this is a unique opportunity to put the Master Plan int o
place, The Stanley Hotel is a unique asset and grand property ,
recognized the efforts of the hotel's owners in maintainin g
historic buildings ; the Cultural Arts Centers is a significan t
gift to the community, the Plan lowers densities from th e
existing use by right ; acknowledged the late Trustee Aldrich
Board of Trustees - February S, 1994 - Page 4
for his involvement in the process, and commende d
Administrator Klaphake, Attorney White and Director Stamey fo r
their substantial role in the process and preparation of th e
Master Plan . Trustee Habecker noted his support of the Maste r
Plan based upon the viability of the property . Trustee Hi x
stated that the Master Plan preserves the site for the future .
The motion passed unanimously .Whereupon Mayor Dannel s
declared the Ordinance passed and adopted, ordered it numbere d
4-94 and published according to law .
It was moved and seconded (Hix/Gillette) the Town
Administrator be directed to take appropriate measures t o
ensure that Parcels 5, 6 &8 are held as open space i n
perpetuity, and that the Technical Review Co ittee entertai n
only minor changes to the Master Plan and Design Guidelines ,
and it passed unanimously .
B . Resolution #5-94 - Third Amendment to MIRA Downtow n
Redevelopment Plan .Mayor Dannels opened the public hearing .
Attorney White read the resolution approving the Thir d
Amendment of the Redevelopment Plan and outlined the change s
which will bring the Plan into conformance to the Stanle y
Historic District Master Plan adopted by Ordinance 4-94 .
There being no further comment, Mayor Dannels closed th e
public hearing . It was moved and seconded (Habecker/Doylen )
Resolution #5-94 be approved,and it passed unanimously .
2 .
Special Events Committee, January 27, 1994 :
A .-C .Standard Horse Show/Miscellaneous Agreements .It wa s
moved and seconded (Hix/Habecker) the Colorado Arabian Hors e
Show and cocky Mountain Miniature Horse Club Standard Hors e
Show Agreements, as well as the Fun Expo Carnival Agreemen t
and Powder River Rodeo Production Agreement be approved, an d
it passed unanimously .
D . 1994 Rooftop Rodeo Committee/Officer Appointments .It wa s
moved and seconded (Hix/Habecker) the following appointment s
be approved for the 1994 Rooftop Rodeo Coittee,and i t
passed unanimously :
Jo Adam s
Ed Allbrigh t
Judy Anderso n
Ray Carlton
Don Cunningha m
Rick Dil l
Jack Gartner
Margee Gartne r
Ken Hobert
Marion "Chief" Jennist a
Steve Kinger y
Gary O'Connor, Vice Presiden t
Bob Seifer t
Mary Jo Seifert, Secretar y
Chuck Thoma s
Joan Van Horn, Presiden t
Debbie Watso n
Betty Whitesid e
Trustee Hix commended the Rodeo Committee for the good jo b
performed in the past, stating he was looking forward to a ne w
season .
3 .
1994 Water Loop Design and Construction Management Scope o f
Services with RMC - Presentation/Approval .Public Work s
Director Linnane presented and reviewed said Scope of Service s
which includes portions of Big Horn Drive, Eagle Cliff Roa d
and High Drive . These areas have experienced numerous water
breaks and/or leaks . The total projected, negotiated, cost i s
$19,906, which is 132% of the projected cost ; Director Linnan e
advised that the industry standard is 15%, and confirmed that
RMC is performing adequately . When questioned on a recen t
cost-overrun involving RMC, Administrator Klaphake confirme d
that the overrun was initiated by extending the scope o f
services . It was moved and seconded (Habecker/Brown) the
Scope of Services not-to-exceed $19,906 be approved,and i t
passed unanimously .
Board of Trustees - February Sr 1994 -Page 5
4.Community Development, February 3, 1994 :
A . Contract for Passenger Transportation Services with Este s
Park Trolley Corporation - Approval .
The Communit y
Development Committee recommended approval of th e
Transportation Services Contract for services from May 31 ,
1994 through September 5, 1994 . There are three components t o
the Trolley System : the base passenger transportatio n
service, conference center transportation and the Park an d
Ride Program ; approval is being requested for the base contac t
at this time . Concerning the stipulation requiring paymen t
prior to providing the service, staff confirmed that a larg e
portion of the payment is allocated to the purchase o f
insurance--funds are necessitated for cash flow purposes . I t
was moved and seconded (Dekker/Hix) the Estes Park Trolle y
Transportation Services Contract, in the amount of $20,000 b e
approved,and it passed unanimously .
5.1995 Business License - Recommendation from Administrative
Committee .
At their meeting held January 13, 1994, Th e
Administrative Committee recommended : (1) Buildin g
Contractors be indexed under the "General" category and pa y
$200 .00/yr .; and (2) a "Home Occupation" category b e
established with associated fee of $100 .00/yr . Truste e
Habecker requested both items be considered separately due t o
a potential conflict of interest . There being nopubli c
testimony, it was moved and seconded (Hix/Doylen )
recommendation #1 identified above be approved,and it passe d
unanimously . It was moved and seconded (Hix/Doylen )
recommendation #2 identified above be approved,and it passe d
with Trustee Habecker Abstaining .
6.There was no Town Administrator's Report at this time .
7.Motion to enter Executive Session to discuss Personnel Issues .
It was moved and seconded (Hix/Habecker) the Board ente r
Executive Session to discuss personnel matters,and it passe d
with Trustee Brown Abstaining .
Administrator Klaphake informed the news media that the Trustee s
may return to open session . Following completion of all agend a
items, Mayor Dannels adjourned the meeting at 9 :36 P .M . t o
Executive Session . Trustee Brown and Attorney White withdrew fro m
Council Chambers .
Mayor Dannels reconvened the meeting at 9 :56 P .M . and Trustee Brow n
and Attorney White were in attendance .
It was moved and seconded (Hix/Habecker)Gary R . Brown be appointe d
Municipal Judge and John Easley be appointed Assistant Municipa lJudge.Mr . Brown will replace Jim Littlejohn who recentl y
submitted his resignation . The Board requested Mr . Brown submi t
his resignation as Trustee, effective immediately . Trustee Doyle n
commented that it was with great regret to lose Mr . Brown a s
Trustee, she believes Mr . Brown's impact on the Bench will be a s
profound as on the Town Board . Mr . Brown remarked that his tenur e
on the Board was a privilege, and that the perception tha t
decisions are made in private is indeed a falsehood . The motion
passed,with Trustee Brown Abstaining . Mr . Brown's appointment a s
Municipal Judge will take effect as soon as practical .
There being no further business, Mayor Dannels adjourned th emeeting at 10 :21 P .M .
Town Clerk