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HomeMy WebLinkAboutMINUTES Town Board 1994-09-27Town of Estes Park,Larimer county, Colorado,.September ?7 ..,19 .9 4 . Minutes of a .Regular ..meeting of the Board of Trustees of the Town o f Estes Park, Larimer County, Colorado . Meeting held in the Municipal Building i n said Town of Estes Park on the . 27th . day of ....September ., A .D ., 19 .9.4 . at regular meeting hour . H . Bernerd Dannel s Meeting called to order by Mayor Present : Mayor Trustees :H . B . Dannels Robert L . Dekker, Mayo r ProTem , Susan L . Doylen , Stephen W . Gillette , William J . Marshall , Also Present : Michael E . Miller , Gary F . Klaphake , Town Administrator Gregory A . White , Town Attorne y Vickie O'Connor , Town Cler k Absent : J . Donald Pauley, Truste e Mayor Dannels called the meeting to order at 7 :44 P .M . PUBLIC INPUT ,. Dick Pratt requested the Town produce (make public) th e law/regulation that allows Cable Systems, Inc . to assess it s customers a 5% franchise tax . Lou Canaiy commented on the housing program, and ballot questio n seeking the retention of excess sales tax funds in light of th e recently presented Financial Report . Town Administrator Klaphak e responded to Mr . Canaiy's concerns . CONSENT CALENDAR : 1. Town Board minutes dated September 13, 1994 . 2. Bills . 3. Committee Minutes : A.Special Events, September 22, 1994 . B.Public Works Committee, September 22, 1994 . C.Planning Commission, September 20, 1994 . 1.Lot 6, Little Prospect Mountain Addition, Geraldin e Kappely/Applicant - Continue to October 11, 1994 . 2.Lots 15-17, Block 2, Town of Estes Park, Elizabet h Bowers/Applicant - Continue to October 11, 1994 . It was moved and seconded (Gillette/Doylen) the consent calendar b e approved,and it passed unanimously . ACTION ITEMS : 1 . Larimer County "Post 2001 10 Campaign . The following , representing the citizens group "Post 2001", appeared seeking support of the 1/4 Sales Tax proposal included in th e November 8, 1994 Election : Tom Keith, Larry Gamble, Larime r County Commissioner Jim Disney,Jim Crain, Marian Mortell,an d K-Lynn Cameron . Revenue generated by this tax would be use d for the acquisition, development, management and maintenance Board of Trustees September 27, 1994 Page 2 of open space and trails, and for the renovation of existin g parks . Representatives believe the I/O sales tax, whic h would be collected for seven years, could generate $3 5 Million . The recent Talmey-Drake Survey identified one of th e top priorities to be trail development, and, at the RMN P Gateways Conference, critical lands were identified as well a s methods to protect them . The Town receives less tha n $50,000/year from Lottery funds, which could reac h $100,000/year by the year 2000 . The Town could expec t $250,000/year with the Post 2001 Campaign . Audience comments were heard from Lou Cherbeneau--he is a wilderness and open space/trails advocate ; however, he ha s severe reservations with the proposal--clarification is neede d on the acquired land--will it be deleted from the tax rolls , which document, the Larimer County Comprehensive Parks Maste r Plan for the Estes Valley Trail Plan will take precedence , Estes Park (with the tourist population) will produce th e largest amount of funds ; and whose land is being proposed fo r acquisition . Pieter Hondius--strongly in favor of open space ; the County has previously relinquished management of Carte r Lake and Horsetooth ; and there may be a more efficient way t o spend dollars than parks . Lou Canaiy--government cannot b e everything for everybody ; believes in conservation but doesn't need more taxes ; use the land already obtained ; and ordinance s can regulate development and open space . Pursuant to questions raised by the Trustees, representative s added the following : Estes Park will receive its pro-rat a portion ; Commissioners will meet annually specifically t o discuss how to allocate the dollars with each affecte d community ; lands to be acquired by Larimer County will onl y proceed on "good faith negotiations"--condemnation is not a n option ; 70% of the funds will be utilized for acquisition an d 30% will be utilized for administration and capito l improvement maintenance ; a trust fund will be established fo r maintenance of acquisitions . Additional Trustees comments : there are higher prioritie s than open space ; RMNP serves as open space ; funding concer n for future maintenance of the acquired open space ; support o f the proposal while honoring the vote of the people ; lack o f assurance that Estes Park will receive its fair portion . Concluding all discussion, it was moved and seconde d (Gillette/Doylen) the Board of Trustees approve a Resolutio n of Support for the Post 2001 Campaign .Motion failed by th e following votes : Those voting "Yes" Trustees Doylen an d Gillette . Those voting "No" Trustees Dekker, Marshall an d Miller . 2 .Hunting Ban/Town Property (Continued from September 13, 1994). Administrator Klaphake reported that the Light & Powe r Department has prepared an "Interim Hunting Policy" for th e Fish Hatchery/Fall River Hydro Property : the site will b e posted "hunting by permission only, bow hunting only"; hunter s desiring to use the property will obtain a permit, free o f charge, from the Light & Power Department Office ; permits wil l be issued on a first-come, first-served basis, in an equitabl e manner ; only one permit/day will be issued for each permit ; permits will be non-transferrable ; and hunters must meet th e following : 1. Comply with all applicable state laws . 2.Comply with all Rocky Mountain National Par k requirements . 3. Hunt only in designated area (area south of Fal l River and Fish Hatchery Road). Vehicle to b e parked in designated area (entrance gate to the Board of Trustees - September 27, 1994 - Page 3 property). 4.Permits will only be issued to Larimer Count y residents . 5.Hunting will be limited to deer and elk . 6.The Interim Policy is to remain in effec t throughout the 1994-95 hunting season . A map was presented that identified Town property/huntin g boundary . Mike Sanem, 3355 Fall River Road reported that, as an affected property owner, he has a vested interest . Mr . Sanem ha s discovered steel-shafted arrows near his residence, and h e posed questions concerning the Town's financial liabilit y pursuant to pedestrian traffic observing wildlife on the site , and the Board was invited to perform a site-inspection on hi s property . Mr . Sanem has discussed this issue with DO W Representative Spowart and RMNP Supt . Rouse, and he urged th e Town to ban hunting within Town limits . Dan Ludlum state d that, following discussion with prior administration, he ha s hunted on this site for many years and that he observe d pedestrians on a limited basis . Stating that the Light & Power Committee attempted to accommodate bow hunting an d exclude high-powered rifles, and not loose the hunting seaso n entirely, staff prepared the aforementioned interim huntin g policy . Attorney White stated that any liability the Town ma y have, is identical to that of any private property owner an d the potential risk is evident to the Town's insurance carrier . It was moved and seconded (Dekker/Miler) the Interim Huntin g Policy, as defined above, be approved,and it passe d unanimously . 3 .A .1994-95 Appointments to Estes Park Rooftop Rodeo Committee - Approval .Special Event Coordinator Hinze reported that th e Committee recommended approval of the following to the Este s Park Rooftop Rodeo Committee : Gary O'Connor, Presiden t Jo Adams, Vice Presiden t Jill Smith, Secretar y Ed Allbright Ralph Ramey Jerry Brumleve Bob & Mary Jo Seifer t Don Cunningham Kelly Sish c Rick Dill Karen Smith Margee Gartner Spencer & Megan Smit h Ken Hobert Chuck Thoma s Marion "Chief" Jenista Sue Thoma s Steve Kingery Joan Van Hor n Dave & Judy McPhee Betty Whitesid e Vickie O'Conno r It was moved and seconded (Doylen/Gillette) the membershi p roster be approved,and it passed unanimously . 4 .A .Amended Plat of Lots 11 and 12, Crags Addition, C . Frankli n Hix/Applicant .It was moved and seconded (Gillette/Doylen ) the Amended Plat be continued to October 11, 1994,and i t passed unanimously . .Lot 1, Block 8, North Ridge Meadow Condominiums -Request Tim e Extension .The Applicant is requesting a 7--year vested right s period to complete Phase II of the North Ridge Meadow Condominiums . Community Development Director Stamey provide d background information, and that citing public safety concern s with a long-term construction project, visual impact, lack o f justification submitted for an extension, the Planning Board of Trustees - September 27, 1994 - Page 4 Commission recommended approval of an additional year for a total vesting rights period of 4 years, expiring July 19, 199 8 (the motion passed on a 5/1 basis). Applicant's Representative Van Horn commented that a remaining 7 units ar e to be constructed in Phase I and that subsequent to th e Commission recommendation, the Owner will be required t o produce 35 units in four years (7k units/yr .) In addition , the Owner is experiencing difficulty in obtaining sub - contractors, is concerned with market conditions, an d approaching adverse weather conditions . Mr . Van Hor n confirmed that the neighbors do not object to the time - extension request . All site improvements have been installed , 12 units have been completed, and the project will proceed ; however, the Applicant desires a less-stringent work pace . Mr . Van Horn confirmed that the Applicant was previousl y advised of what the vested property rights period would be an d that the Applicant was advised he could request a tim e extension . Town Attorney White confirmed that should th e Trustees accept the Planning Commission recommendation of a one-year time extension, such action would not preclude th e Applicant from requesting additional extensions . There bein g no further discussion, it was moved and seconde d (Doylen/Gillette)a one-year extension, for a total of fou r years, expiring July 19, 1998 be approved,and it passe d unanimously . C.Replat of Lot 131, Al Fresco Place Addition, Joh n Grace/Applicant .It was moved and seconded (Gillette/Doylen ) this Replat be continued to October 11, 1994,and it passe d unanimously . D.Park Entrance Estates - Annexation .Mayor Dannels opened th e public hearing . Director Stamey reviewed the Memorandum o f Understanding (annexation agreement): existing gravel street s will be dedicated to the Town, however, the Town will no t maintain them until such time as the Homeowners Association o r Special Improvement District completes paving work ; th e existing water system is private ; sanitary sewer is provide d by Upper Thompson Sanitation District (no extension proposed); the Town will recognize historic use for any residential unit s currently used for nightly rentals until such time as the us e ceases or changes ; and, pursuant to the petitioners' request , the Town will install a street light at the corner of Hein z Parkway and High Drive . Town services will be provided fo r zoning, streets, snowplowing, water rates, water lines, taxes , police protection, building permit/inspection, and stree t lights . Staff received a letter of opposition from adjacen t property owner Bernie Holien regarding installation of th e street light . Town Attorney White read a resolution findin g the area is eligible for annexation . Public comments were heard from Naomi Williams who stated tw o owners are not in favor of annexation and that the Homeowner s Association is in favor of a street light based upon safet y concerns with the Beaver Point Intersection . Bernie Holie n stated he has no objection to the annexation, his concern lie s with the street light--the High Drive area has traditionall y been a rural setting and with the potential of futur e annexations, the open space is in jeopardy ; and he was awar e that a project was recently approved without street lights . Jack Ranney, proponent, stated that public safet y representatives do concur with the light installation and tha t perhaps the light could be diffused in a downward direction . Attorney White advised that the Memorandum of Understandin g had been fully-executed and that the street light installatio n was made a part of the document . There being no furthe r testimony, Mayor Dannels declared the public hearing closed . Board of Trustees - September 27, 1994 - Page 5 It was moved and seconded (Doylen/Gillette) the Resolution (#19-94) finding that the area is eligible for annexation b e approved,and it passed unanimously . Attorney White read an Ordinance approving the Annexation o f Park Entrance Estates Addition, and it was moved and seconde d (Dekker/Miller)the Ordinance be approved,and it passed unanimously . Whereupon Mayor Dannels declared the Ordinanc e duly passed and adopted, ordered it numbered 9-94 an d published according to law . Attorney White read an Ordinance approving E-Estate zoning , and it was moved and seconded (Doylen/Gillette)the Ordinanc e be approved,and it passed unanimously . Whereupon Mayo r Dannels declared the Ordinance duly passed adopted, ordered i t numbered 10-94 and published according to law . 5.Resolution Concerning Election Judges and Canvass Board fo r November 8, 1994 Coordinated Election with Larimer County . Clerk O'Connor requested approval of a resolution authorizin g the Larimer County Clerk to appoint election judges, and, a s required, that Mayor Dannels, Clerk O'Connor, and Amy Plumme r (registered elector) be appointed to serve as the Canvas s Board . Town Attorney White read the resolution in full, an d it was moved and seconded (Doylen/Dekker)Resolution #20-94 b e approved,and it passed unanimously . 6.Estes Park Urban Renewal Authority - Appointment .Mayor Dannels reported that former Commissioner Carl Henderson ha s consented to serve for a 5-Year term expiring in September , 1999 . It was moved and seconded (Dekker/Doylen)Car l Henderson be re-appointed to serve a 5-year term on the Este s Park Urban Renewal Authority, said term expiring September , 1999,and it passed unanimously . 7.Town Administrator's Report : A.Intergovernmental Agreement with EPURA .Staff presente d a draft of the IGA with EPURA which includes language fo r the Authority to transfer to the Town all revenues whic h will be made available to the Authority should th e November 8, 1994 ballot issue be passed . Forma l presentation of the revised IGA will be given at th e Trustee meeting scheduled October 11, 1994 . B.Administrator Klaphake reported that a lawsuit agains t the upcoming ballot issue was filed September 23, 1994 . The plaintiff was Daniel F . Smith . On September 27 , 1994, the Clerk was notified that the plaintiff did no t want to pursue the suit . Attorney White reviewed th e eight claims for relief against the Town and EPURA . Th e suit did not request the Court to stop the election , however, plaintiff is requesting the court find the issu e illegal . Approximately 35 municipalities have already passed similar revenue spending questions and Estes Par k is the first municipality being challenged . An additional 15-20 entities are seeking approval on th e November ballot . Following discussion, it was moved an d seconded (Doylen/Gillette) the Town Attorney be directe d to file a motion to dismiss or answer the suit a s necessary,and it passed unanimously . ------------------------------------------------------------------- Board of Trustees Convene as Estes Park Housing Authority (EPHA ) Mayor Dannels convened the EPHA . 1 .Appointment of Treasurer . It was moved and seconded Board of Trustees ® September 27, 1994 ® Page 6 (Doylen/Dekker)Trustee Stephen W . Gillette be appointe d Treasurer,(replacing David Habecker) and it passe d unanimously . 2 . Update Report .Administrator Klaphake reported that th e Housing Site Polling Project includes a "fact sheet" an d postage-paid return postcard . The postcard is to be returne d to the Town Clerk's Office by October 7 ; drawings contained i n the flyer were prepared and supplied by RMNP ; and results wil l be announced following tabulation . Following completion of all agenda items, Mayor Dannels adjourne d the meeting at 10 :16 P .M . Mayo r Town Clerk