HomeMy WebLinkAboutMINUTES Town Board 2001-12-11Town of Estes Park,Larimer County,Colorado,December 11,2001
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 1 1th day of December,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-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 questioned the status of the new Town Newsletter and was advised
it will be mailed on Friday,12/14.
Trustee Jeffrey-Clark commented on the Annual Congress of Cities Conference.In
Atlanta Both she and Trustee Barker attended the conference and a snapshot of the
seminars and lectures was presented.Trustee Barker added that the President of the
Bar Assn.commented on the proposed military tribunals pertaining to the Terrorist
Attacks 11/12 and that the majority in attendance supported President Bush.In a
lecture on the economy,it was stated tourism has historically led the way out of
recessions.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated November 27,2001.
2.Bills.
3.Committee Reports:None.
4.Estes Park Housing Authority,October 17,2001 (acknowledgement only).
5.Estes Valley Board of Adjustment,December 4,2001 (acknowledgement
only).
6.Estes Valley Planning Commission,November 20,2001 (acknowledgement
only).
Board of Trustees —December 11,2001 -Page 2
It was moved and seconded (Doylen/Gillette)the consent agenda be approved,and
it passed unanimously.
IA.PLANNING COMMISSION “ACTION”AGENDA (Approval of):
1.CONDOMINIUM &FINAL PLAT.Mayor Baudek opened a public
hearing to consider the Preliminary Condominium Map and Final
Plat of Fawn Lane Condominiums,Portion of Lot 29,White Meadow
View Place Addition,Thomas E.Adams/Applicant.Planner Shirk
presented the Staff Report advising that the Applicant desires to
condominiumize five existing residential units,there is no expansion of
existing units being proposed,and the applicant is not reserving future
development tights.The Planning Commission has recommended
conditional approval of the preliminary condo map.Conditions 1-4
have been met,and Condition #5 pertaining to the recorded
declaration will be met in the future.There were no public comments.,
thus Mayor Baudek closed the public hearing.It was moved and
seconded (Habecker/Newsom)the Preliminary Condominium Map
and Final Plat of Fawn Lane Condominiums be approved to
include Condition #5 as stated in the Staff Report dated 12106/01,
and it passed unanimously.
2.SPECIAL REVIEW &FINAL PLAT.Good Samaritan Senior
Housing Project,Good Samaritan First &Second Addition,
Evangelical Lutheran Good Samaritan Society/Applicant.Trustee
Doylen declared a potential conflict of interest and stated she would
not participate in discussion not vote on this item.Mayor Baudek
opened the public hearing.
Special Review.Planner Shirk presented the Staff Report advising
that the EVDC requires a special review for senior housing proposals
within the multi-family zoning district.The Applicant is “requited to
demonstrate compliance with all applicable criteria and standards set
forth in Chapter 5 of the EVDC,the application for the proposed
special review use mitigates,to the maximum extend feasible,
potential adverse impacts on nearby land uses,public facilities and
services,and the environment.”Staff explained how nearby land uses
have been mitigated (Staff Report Items 1-8).
Final Plat.The Town Board previously approved the Preliminary Plat,
and the proposed Final Plat complies with said Preliminary Plat.The
Final Plat subdivides the 62-ac.parcel into 3 open space lots,two
multi-family development lots,one senior assisted living lot,one lot
intended for a church,and 8 single-family residential lots.Street
rights-of-way,various pedestrian and utility easements are being
dedicated.
Public comments was heard from Jan Gilhausen,1926 Stonegate Dr.,
(Lot 11)who commented on traffic concerns pertaining to access for
this development and her driveway (headlights).Planner Shirk stated
that this Final Plat finalizes what has already been approved;potential
conflicts relative to multiple access have been minimized;and any
changes would require the Applicant to submit a new preliminary plat
and development plan that would be re-submitted to the Planning
Commission.Applicant Representative Prochaska added that the
roadway lines up approximately 40’east from the Gilhausen driveway,
Board of Trustees —December11,2001 -Page 3
and setback from the intersection meets Code.Stonegate Dr.is one
of three accesses into this development;Ptarmigan Trail has been
aligned to mitigate headlight intrusion;the Applicant is paving
Stonegate Dr.;and all adjoining property owners were notified of the
development proposal.Discussion followed,and as there was no
further public comment,Mayor Baudek closed the public hearing.
Staff confirmed that snowplowing would occur on Ptarmigan Trail,and
that section of Stonegate Dr.that was annexed and paved.It was
moved and seconded (Newsom/Barker)the Special Review and
Final Plat of the Good Samaritan Senior Housing Project,Good
Samaritan First &Second Additions be approved with Condition
c.on Page 4,as listed in the Staff Report dated 1215101,and it
passed with Trustee Doylen Abstaining.
2.ACTION ITEMS:
1.RESOLUTION #44-01 SETTING MILL LEVY FOR 2002 (Continued from
11I13101).Finance Officer Brandjord stated that the Town is required to certify
its property tax mill levy by 12/15,and the Latimer County Assessor has now
provided information pertaining to annexations on the certification of valuation.
Town Attorney White read the Resolution levying a mill level of 1.892 mills for
2002.The mill levy has been reduced from 2.22193 mills in 2000.It was
moved and seconded (Gillette/Jeffrey-Clark)Resolution #44-01 be approved,
and it passed unanimously.
2.LEASE/PURCHASE AGREEMENT —PUBLIC WORKS EQUIPMENT.Finance
Officer Brandjord reported that an RFP was provided to four local financial
institutions for a Model 2001 John Deere Loader.Staff is recommending
awarding the 4-year lease financing agreement (with one-year renewals)to the
First National Bank of Estes Park at the interest rate of 4.480%.Interest rates
as compared to 2000 and an “out-right”purchase was also discussed.It was
moved and seconded (Jeffrey-ClarklNewsom)the LeaselPurchase
Agreement with the First National Bank of Estes Park be approved,and it
passed unanimously.
3.LIQUOR LICENSE:B &B FOOD MART.Clerk O’Connor presented the Liquor
License Transfer Application of the 3.2%Retail Beer License,Off Premises,
from James &Lloyd Barleen to CBR,Ltd.,dba B &B FOOD MART,1110
Woodstock Dr.Required TIPS.training is scheduled for 12/17 and the
application is in order.Applicant representative Bob Howell was present.
Trustee Barker commented on the seriousness of selling liquor,adhering to the
Liquor Code,and avoidance of selling to minors.It was moved and seconded
(Newsom/Doylen)the Transfer Application submitted by CBR Ltd.be
approved,and it passed unanimously.
4.ORDINANCE #19-01 —AMENDING CHAPTERS 2.52.020 &2.52.040
MUNICIPAL JUDGE &COURT CLERK SALARIES.Town Administrator
Widmer reported that the proposed Ordinance increases the Judge’s salary from
$15,488/yr.to $17,037/yr.and the Court Clerk’s salary from $6,988/yr.to
$8,810/yr.The Judge’s previous increase occurred in 2000,and the Court
Clerk’s salary is being adjusted due to the increase in workload and new
procedures that require a 12-hr.workweek in lieu of the historic 8-hr.workweek.
A salary survey for the Court Clerk position was conducted in accordance with
the Compensation Policy.The 2002 Budget anticipated the Judge’s salary
increase,and the additional cost of approximately $2,500,including benefits,for
the Court Clerk was not budgeted;however,adequate funds are available for
this purpose.The Ordinance includes an emergency clause to raise the salaries
Board of Trustees —December 11,2001 -Page 4
beginning December 22,2001.Trustee Gillette (Public Safety Chairman)
confirmed that the Annual Court Report has confirmed that the caseload has
grown considerably.It was moved and seconded (Gillette/Doylen)Ordinance
#19-01 be approved,and it passed unanimously.
5.ORDINANCE #20-01 —AMENDING CHAPTER 5.20 BUSINESS
REGULATIONS AND LICENSES.Clerk O’Connor presented an Ordinance
amending Business License Section 5.20.010,5.20.050 and 5.20.060.A
“qeneral business license”definition is being added;a title error pertaining to the
ability to transfer business licenses is being corrected;and the payment of the
license fee affecting new businesses is being proposed.In summary,new
businesses applying for a license between ill and 6/30 would pay the full fee.
Businesses applying between 7/1 through 9/30 would pay one-half of the fee,
and businesses applying between 10/1 and 12/31 would pay one-quarter of the
fee.Town Attorney White read the Ordinance,and it was moved and
seconded (Newsom/Gillette)Ordinance #20-01 be approved.Trustee
Habecker noted that said fees generated approximately $218,000 in 2001.
Trustee Barker added that perhaps business licensing should be included in
future discussions relative to the Town’s economic issue.Trustee Habecker
questioned whether the word “license”could be amended,as there is a
perception that the Town is “qualifying”businesses.Town Attorney White stated
“license”is provided by State Statute.Clerk O’Connor clarified that when
applications are submitted,the Clerk’s Office does confirm that the license
merely allows the applicant to legally provide a product or service within Town
limits—it is not a license confirming the ability of the provider to perform a
service or provide a product.Mayor Baudek added that these funds are
generally used for advertising.The motion passed unanimously.
6.EMPLOYEE BENEFIT PLAN.Assistant Town Administrator Repola presented
an adjustment to holiday and vacation benefits that would increase vacation
leave for employees with 4 yrs.through 15 yrs.by 2 hrs./mo.,and 16 yrs.plus by
I hr./mo.Vacation leave would not change for those employees with 3 yrs.or
less of service.
The proposed changes to holiday leave include adding 8 hrs.of holiday leave
for a total of 11 paid holidays as follows:
New Year’s Day Memorial Day Independence Day
Labor Day Thanksgiving Day Christmas Eve Day
Christmas
Washington’s Birthday,Martin Luther King Day and Veteran’s Day would be
converted to floating holidays,and 8 hours would be added for a total of 4
Floating Holidays.Additionally,Municipal Offices will be open for business on
these 4 floating holidays.
4,.
Trustee Gillette questioned whether employees were surveyed and staff
confirmed that no,the proposal was submitted from an administrative
perspective.Employees have,however,been notified.Trustee Barker stated
that this proposal is artificially inflating the pay by attempting to be “average”in
comparison markets—while inflation may not occur in this case,the future does
bear concern.Trustee Habecker questioned the additional floating holiday in
lieu of last year’s substantial salary adjustment,the COLA and merit inàreases
this year,and the Town’s absorption (1/2)of the health care benefits—it is difficult
to justify additional benefits to constituents.Trustee Jeffrey-Clark questioned
the impact of direct cost,with staff responding accrual does have an impact,as
leave is paid-out when an employee terminates—the Budget does not
Board of Trustees —December 11,2001 -Page 5
automatically increase with approval.Trustee Barker rebutted that the result is
an extra 103 days off/year,reducing productively.Mayor Baudek commented
that this proposal will help keep the Town in a competitive market,not leading
the market.Town Administrator Widmer added that vacation and holiday leave
have not been increased in a number of years.Trustee Doylen questioned
whether employees are staying because of the environment or the money,and
she echoed Trustee Barker’s and Habecker’s comments.Trustee Newsom
noted that the Town has been in a “catch-up”mode.
Concluding discussion,it was moved and seconded (Habecker/Newsom)the
V Vacation changes be approved as requested.
V The additional floating holiday be denied.
V The three existing holidays (Washington’s Birthday,Martin Luther
King Day and Veteran’s Day)be converted to floating holidays.
V The Municipal Building and Shops be open for business on the
above-stated floating holidays.
Those voting “Yes”Trustees Barker,Doylen,Habecker and Newsom.
Those voting “No”Trustees Gillette and Jeffrey-Clark.The motion passed.
7.TOWN ADMINISTRATOR’S REPORT.
A.Zahourek Lawsuit.Town Attorney White reported that the Colorado
Court of Appeals has rejected all arguments and ruled entirely in favor
of the Town,and awarded attorney fees.Mr.Zahourek does have the
right to seek Colorado Supreme Court review.
B.Town Board Room and Dispatch Remodeling Projects Update.The
west entrance to the Police Dept.has been closed,however,the east
entrance will remain open at all times.Work is going well.
The Dispatch Remodeling is also going well although staff is
experiencing difficult working conditions.
C.Newsletter.Copies of the new Town Newsletter have been distributed
to the Town Board.A team of employees has been working on this
project and staff is proud of the product.The first issue of the quarterly
newsletter should be delivered to the Post Office by Friday,12/1 4.
Following completion of all agenda items,Mayor Baudek noted that the December 25,
2001 Town Board meeting has been cancelled,and he adjourned the meeting at 8:13
p.m.
frL
John Baudek,Mayor
Vickie O’Connor,Town Clerk
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