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Home My WebLink AboutMINUTES Town Board 2002-08-13VTown of Estes Park,Larimer County,Colorado,August 13,2002 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 3th day of August,2002. Meeting called to order by Mayor John Baudek. Present:John Baudek,Mayor Susan L.Doylen,Mayor Prolem 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 noted that at a Town Board Study Session in June,2001,changes to the zoning ordinance were discussed,particularly the “entrance overlay district”(design for hwy.corridors).However,in his opinion,the direction given to staff and the Planning Commission was inaccurate;he believes staff was not to proceed with these new entrance regulations,and that as a result,the Planning Commission may be working in error.Mayor Baudek requested the Town Board and staff review the minutes in question and review them for discussion at the next meeting. Mayor Baudek announced that the Town is hosting a “Thank You Celebration” September 28th for firefighters/emergency personnel for their efforts during the Big Elk Fire at the Dannels Fire Station —all citizens are invited to attend. 1.CONSENT AGENDA (Approval of): 1.Town Board Minutes dated July 23,2002. 2.Bills. 3.Committee Minutes: A.Public Safety,July 24,2002: Police Dept.: 1.Resolution #17-02 —L.E.T.A.Telephone Exchange Access Facility Charge &Wireless Communications Access Charge,effective 1/1 /03. 2.Police Department Surcharge Fee. Board of Trustees —August 13,2002 -Page 2 Fire Dept.- 1.2002 Fire Rescue Truck Purchase,$277,567. B.Community Development,August 1,2002: Community Development Dept.: 1.Waiver of Building Permit Fees for Non-Profits &Public Projects. 4.Estes Park Housing Authority,June 12,2002 (acknowledgment only). 5.Estes Valley Board of Adjustment,July 2,2002 &August 6,2002 (acknowledgement only). 6.Estes Valley Planning Commission,July 16,2002 (acknowledgement only). 7.Firemen’s Pension Board,July 30,2002 (acknowledgement only). 8.Resolution #18-02 —Scheduling a Show Cause Liquor Hearing for LAB Properties,Inc.,dba OLD GASLIGHT PUB,Hotel &Restaurant Liquor License on August 27,2002. 9.Annexation -Taharaa Mountain Lodge Addition.Applicant is requesting continuation of public hearing for annexation and rezoning to September 10, 2002. Trustee Habecker requested Item 3.B.1.Waiver of Building Permit Fees be removed from the Consent Agenda. It was moved and seconded (Doylen/Gillette)that with the exception of Item 3.B.1. the consent agenda be approved,and it passed unanimously. Item 3B.1.Building Permit Fees.Community Development Director Joseph explained the unwritten policy of waiving building permit fees from time to time based on specific merits of a project.An example is the Sanitation District’s expansion,where currently,in-house staff time would be waived.If the review is out-sourced,that fee would be incurred by agency developing the project.The new policy proposes that in-house expenses for federal,state,county,local, special districts would be waived.Additionally,the Department would assess established fees as for private developers,but nonprofits would be allowed to present a formal waiver request through staff to the Community Development Committee on a specific project.The Community Development Committee would consider and make a determination based upon merit.Trustee Habecker noted his concern with the Town incurring considerable cost for publicly funded projects. Discussion followed,and it was moved and seconded (Doylen/Gillette)the waiver of building permit fees for non-profits and public projects be approved as defined in the Community Development minutes dated 8/1/02, and it passed unanimously. IA.PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek will open a Public Hearing(s)if the Town Board,Applicant(s),Staff or the Public wishes to speak on a particular item.The Public Hearing will be conducted as follows: A.Mayor —Open Public Hearing B.Staff Report C.Public Testimony D.Mayor —Close Public Hearing E.Motion to Approve/Deny Board of Trustees —August 13,2002 -Page 3 1.(A)SPECIAL REVIEW #02-03,(B)REZONING FROM E-1 Estate to RM Multi-Family,and (C)TIME EXTENSION to Section 3.3E. Shepherd of the Mountains Lutheran Church,Lot 2,Good Samaritan Subdivision,Shepherd of the Mountains Lutheran Church/Applicants. As there was no testimony,it was moved and seconded (Gillette/Newsom) Special Review #02-03 and Time Extension for Shepherd of the Mountains Lutheran Church be approved,and it passed unanimously. 2.ACTION ITEMS: 1.PETITION —REMOVAL OF TERM LIMITS ON THE BOARD OF TRUSTEES. Trustee Barker abstained from any discussion on this item as he is officially “term-I im ited”. Cheri Pettyjohn,513 Grand Estates Dr.gave an overview on the history of the voter-approved term limit regulation as contained in the Colorado Constitution, and reported on a citizen’s group meeting where it was reported that that the law allows voters to make this decision for their municipality.Thus,it was decided to circulate informal petitions,and,if support was gained,the petitions be presented to the Town Board.Petitions containing 231 signatures were presented to the Board.In her opinion,based on continuity,and that if a person is willing to serve,should be able to do if voted for by the people.The Petition requests (1)removal of term limits for the Board of Trustees and (2)that the ballot question be placed on the November 5,2002 General Election Ballot.There were no comments from the audience.Trustee Newsom noted that there is a common misconception of a “good old boys network”,and that this proposal merely allows a person to run —successful election would still require a vote by the people.Trustee Doylen commented that the Town’s predecessors and current Board members have served the community well-- Trustees had a willingness and passion to serve;if the voters can identify that that person is passionate and has the Town’s best interest at heart,this person could run for office.Mayor Baudek added that term limits takes rights away from voters,and he supports the proposal.Concluding discussion,it was moved and seconded (Newsom/Jeifrey-Clark)staff be directed to prepare the ballot question language for consideration and approval by the Town Board August 27,2002.The motion passed,with Trustee Barker Abstaining. 2.PUBLIC HEARING:ORDINANCE #11-02 —ESTES VALLEY DEVELOPMENT CODE BLOCK 3 AMENDMENTS.Trustee Habecker declared a “conflict of interest”with Item #2 Gross Floor Area Definition,and requested this item be removed,and discussed separately. Mayor Baudek opened the Public Hearing,and Community Development Director Joseph presented the Staff Report:the Code revisions address and correct errors and omissions that have surfaced after the first two years of working with the Code.The Estes Valley Planning Commission held a public hearing 7/16/02,reviewed the proposed substantive changes,and voted unanimously to recommend conditional approval to the Town Board and Larimer County Commissioners.Following is a summary: Item 1:Floor Area Ratio &Lot Coverage:Table 4-5 Density & Dimensional Standards,Nonresidential Zoning District. Item 3:Bed and Breakfast:Use Classifications/specific use definitions &examples. Item 4:Open Space Subdivisions:Development &Design Standards. Board of Trustees —August 13,2002 -Page 4 Item 5:Changes to Table 4-2 &Table 4-5:Base Density & Dimensional Standards,Residential Zoning Districts. Nonresidential Zoning Districts. Item 6:Condominium Process:Appendix B.lI.Subdivision Submittal Requirements. Item 7:Road Design &Construction Standards:Appendix D.Road Design &Construction Standards. Trustee Habecker noted his concern with the Floor Area Ratio (FAR)and Lot Coverage pertaining to the 25%FAR for commercial projects (need flexibility),and affect on internal storage,potential impact on parking space,lot coverage,and retail space calculations.In summary,Director Joseph stated that if approved,unless there is a change from one retail use to another that would require staff to ensure the original FAR is not converted to an other use that does trigger more parking on site,there is no additional staff time. Audience comments were heard from Matt Heiser,1054 Lexington Lane,Architect/Engineer (discrepancy between A and Al in what is allowed;toad setbacks,25%FAR). There were no additional audience comments,and Town Attorney White read Ordinance #11-02,exclusive of the Gross Floor Area Definition,It was moved and seconded (Newsom/Barker)Ordinance #11-02,with the exception of the Gross Floor Area Definition,be approved,and it passed unanimously. Gross Floor Area Definition.Trustee Habecker vacated the room. Community Development Director Joseph stated that this definition is utilized to control visible bulk of buildings in developments.The logic for exemption for portions of building buried below the ground is because this portion does not add to the outward appearance of bulk in project—it is unseen.Although.FAR has been in existence for some time,and the exemption has been applied to commercial buildings,it has proven difficult to administer in a consistent manner.Thus,staff prepared this amendment that is much more narrowly focused,and the Planning Commission has recommended approval.Trustee Doylen expressed her concern with this item,particularly as it relates to “walk-out basements”. Trustee Barker added that in his opinion,the Board of Adjustment voted to clear-up existing language,not to make the language more restrictive. Due to a lack of consensus among the Trustees,Mayor Baudek closed the public hearing.It was moved and seconded (Doylen/Barker)the Gross Floor Area Definition (Item 2)be tabled until such time as staff can redefine the issue of basements,particularly walk-out basements,and how such basements are affected by the Floor Area Ratio,and it passed,with Trustee Habecker Abstaining. Trustee Habecket resumed his position on the Board of Trustees. 3.TOWN BOARD GOALS:2002-2004 ACTION PLANS.Town Administrator Widmer introduced this item for the Town’s Goals 2002-2004,not necessarily numbered by priority,and Team Leaders presented their individual Action Plans:. •Goal 1 -Expedite EPURA’s Walkway Westward Project,Town Administrator Widmer,Team Leader. Board of Trustees —August 13,2002 -Page 5 •Goal 2 -Allow Elected Officials to serve more than two consecutive terms in office if the Estes Park voters choose to re-elect him or her,Town Clerk O’Connor,Team Leader. •Goal 3 -To build support and break ground for an ice rink and community events center by May 2004 at Stanley Park,Special Events Director Hinze,Team Leader. •Goal 4 -Re-engineer the Trustee outreach Program,Museum/Senior Center Services Director Kilsdonk,Team Leader. •Goal 5 -Evaluate the Stanley Park Master Plan,Assistant Town Administrator Repola,Team Leader.V •Goal 6 -Implement Cardboard Recycling,Public Works Director Linnane, Team Leader. •Goal 7 -Investigate the Feasibility of Creating a Fire District,Fire Chief Dotman,Team Leader. •Goal 8 -Develop a long-term Transportation Plan,Public Works Director Linnane &EPURA Director Smith,Team Leaders. •Goal 9 -Determine the feasibility of building a Performing Arts Center, Town Administrator Widmer,Team Leader. Trustee Barker requested Goal #2 be removed and voted upon separately.It was moved and seconded (DoylenlGillette)the 2002-2004 Action Plans, with the exception of Goal #2 be approved,and it passed unanimously. It was moved and seconded (Doylen/Newsom)Goal #2 be approved,and it passed with Trustee Barker Abstaining. 4.LIQUOR LICENSING:TRANSFER OF OWNERSHIP:FROM DONONNIE’S, INC.,TO 2LT,INC..dba MAMA ROSE’S RESTAURANT,HOTEL & RESTAURANT LIQUOR LICENSE.338 E.ELKHORN AVE.Town Clerk O’Connor presented the application,confirming that required T.I.P.S.Training is not yet scheduled.Trustee Barker noted that the Owners must adhere to the State Liquor Code,particularly as it pertains to the sale/serving of minors.It was moved and seconded (Doylen/Gillette)the Transfer of Ownership to 2LT,Inc.,dba MAMA ROSE’S RESTAURANT,for a Hotel &Restaurant Liquor License be approved,and it passed unanimously. 5.CBT PURCHASE WATER CONTRACTS.Town Attorney White stated that the Town has been attempting to acquire additional units of CBT water to increase the Town’s raw water portfolio.The Town’s water rates include fees for the acquisition of raw water,and he presented four contracts for the purchase of approximately 102 units of CBT Water for a purchase price of $11,000/unit.Staff has confirmed that sales of CBT units in the past month range between $10,500/unit to $13,500/unit,and it is staff’s opinion that the $11,000 purchase price is a market value offer.The purchase of additional CBT units at this time will enhance the Town’s ability to continue to provide adequate raw water supplies for the Town’s system.The Town may sell any excess CBT units at any time.It was moved and seconded (Newsom/Gillette) the purchase of 102 units of CBT Water for the total purchase price of $1,122,000 be approved,and that the Mayor be authorized to execute an additional contract for 100 units under the same terms and conditions if the contract is submitted within the next 10 days,and it passed unanimously. 6.TOWN ADMINISTRATOR’S REPORT. A.Sales Tax Report.Statistics for June indicate a 2.23%increase from June 2001,however,the year-to-date total is 1.20%lower than 2001. Board of Trustees —August 13,2002 -Page 6 Projections have been calculated and most likely revenues could be $100- 200,000 lower than those in 2001. B.2002 Budget Cut List.A suggested list of 2002 Budget cuts,totaling $360,000,was distributed.Cuts have been spread throughout the General Fund as evenly as possible,including Legislative.Each item was reviewed, and staff confirmed there are no proposed cuts in salary or personnel at this time.Following discussion,consensus was reached to support the 2002 budget cut list as presented.Town Administrator Widmer noted that various maintenance items could be reinstated if revenues increase. Following completion of all agenda items,Mayor Baudek adjourned the meeting at 9:35 p.m. %Z 16ohn Baudek,Mayor Vickie O’Connor,Town Clerk n J El