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Home My WebLink AboutMINUTES Town Board 2003-08-12Town of Estes Park,Larimer County,Colorado,August 1 2,2003 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 thel 2th day of August,2003. 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.and acknowledged Salud Family Health Center Representatives and presented a Proclamation announcing “NATIONAL COMMUNITY HEALTH CENTER WEEK IN ESTES PARK.”Ann Widmer,Bus.Mgr., introduced Michelle Chew,Nurse Practitioner and Andrea McCoy,PA Intern and expressed the Clinic’s appreciation for the continued support,and commented on various professionals who are donating their time due to the community’s support and clinic space. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Habecker commented on Task Force,stating that the Town Trustees have been given the authority and responsibility to represent the people of Estes Park. When acting as negotiators,Trustees are representing the Town,even though the Town Board makes final decisions. Trustee Gillette stated that over a year ago,a group of local girls solicited funds ($4,500)for the unborn child of one of the pilot’s that lost his life fighting the Big Elk Fire.On Friday,this group of girls will travel to Montana and will present $5,000 to the pilot’s child.He expressed his appreciation to the Town for their $500 donation. 1.CONSENT AGENDA (Approval of): 1.Town Board Minutes dated July 22,2003,Town Board Study Session Minutes dated July 23,2003. 2.Bills. 3.Committee Minutes: A.Public Safety,July 24,2003: Police Department: Board of Trustees —August 12,2003 —Page 2 1.Faith Based and Community Partnership —Approval for Police Department to provide services. 2.*Amendments to the Municipal Code —See “Action Items 1-4” below: >Chapter 9.28.030 Drug Paraphernalia Chapter 9.18.010 Skateboard Definition Chapter 9.08.070 Concealed Weapons Permits >Chapter 7.12.080 Kennel Restrictions 3.Resolution #8-03 Approving the $.45/phone monthly access facility charge (9-1-1-)for telephone exchange &wireless communication. Fire Department: 1.Donation of 14’Zodiac Dive Boat,Motor &Trailer to Thompson Valley Ambulance Service. 2.Donation of 1980 Ford LN 7000 Haz Mat Truck to the American Red Cross. B.Community Development,August 7,2003: Senior Center: 1.Revised User Agreement —Approval. 4.Estes Park Housing Authority,June 9,2003 (acknowledgment only). 5.Estes Valley Planning Commission,July 15,2003 (acknowledgement only). It was moved and seconded (Doylen/Gillette)the consent agenda be approved,and it passed unanimously. IA.PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all Consent Agenda Items listed below,advising if the Applicant,Public or Town Board wish to speak on any of these consent items,they will be moved to the “Action Item”Section. 1.CONSENT ITEMS: 1.PRELIMINARYIFINAL CONDOMINIUM MAPS. A.Vista Ridge Preliminary &Final Condominium Map,Lot 1,Vista Ridge Subdivision,Estes Investors LLC/Applicant. B.Park River West Condominiums,Supplemental Condominium Map (Final),Phase X,Lots 1 and 2,Park Rivet West Subdivision,Richard H.Wille/Applicant. C.Mary’s Lake Lodge,Supplemental Condominium Map #2 (Final),Lot 3,Mary’s Lake Subdivision,Frank Theis/Applicant. There was no public testimony.Trustee Doylen declared a “conflict of interest with Item 1 .A.and stated she would not participate in discussion nor vote.It was moved and seconded (Gillette/Newsom)Item l.A.Vista Ridge Preliminary &Final Condominium Map be approved,and it passed with Trustee Doylen Abstaining. Trustee Habecker declared a conflict with Item 1 .B.and stated he would not participate in discussion nor vote.It was moved and seconded (Doylen/Barker)Item l.B.Park River West Condominium Supplemental Condominium Final Map be approved,and it passed with Trustee Habecker Abstaining. It was moved and seconded (Newsom/Barker)Item IC.Mary’s Lake Lodge,Supplemental Map #2 be approved,and it passed unanimously. Board of Trustees —August 12,2003 —Page 3 2.ACTION ITEMS: Mayor Baudek opened the Public Hearing,advising that the formal public hearing will be conducted as follows: •Staff Report •Town Attorney White read the Ordinance •Public Testimony •Mayor Close Public Hearing •Motion to Approve/Deny. A.Ordinance #15-03 -Estes Valley Development Code Block 6 Amendments.Community Development Dir.Joseph presented the Amendments that include,but are not limited to,modifying or adding provisions that address “Accessory Uses”(including Home Occupations)and Accessory Structures,Employee Housing,Housing in the “CD”Downtown Commercial Zoning District.This version included recent revisions to Accessory Vehicle standards of:limit on parked or stored recreational equipment and/or recreational vehicles on a lot;and limit on the number of parked or stored vehicles,not including recreational equipment and recreational vehicles on a lot. Public comment has been mild,and in response to concerns expressed by Trustee Gillette,Dir.Joseph specifically reviewed recent revisions to Accessory Vehicle Standards.The primary purpose of this code revision is to provide more generous allocation lot accessory structures (garages). Trustee comments focused on:(1)verification that vehicles stored outside must be operable and contain current license plates and enforcement thereof;(2)housing units allowed in the CD zoning district (relegated to property that does not front Elkhorn Ave.);and (3)confirmation that extra garages cannot be construction for extra income (commercial use).Trustee Gillette reiterated his concern with the limit of 8 vehicles on a lot over 5 ac. Public comment was heard from John Spooner/Estes Park Car Club (concerns with accessory buildings has been addressed; urged the Town Board to adopt the Block 6 Amendments)and Cindy Younglund (voiced the same concern as Trustee Gillette).Director Joseph commented/clarified that the restriction on the number of vehicles allowed is “complaint based.” There being no further testimony,Mayor Baudek closed the public hearing.Attorney White read the ordinance,and it was moved and seconded (Newsom/Jeifrey-Clark)Ordinance #15-03 be adopted,and it passed with Trustee Gillette voting 2.ACTION ITEMS: Town Attorney White read aloud Ordinances 11,12,13,and 14-03. I *ORDINANCE #11-03 AMENDING CHAPTER 9.28.030 DRUG PARAPHERNALIA —SALE UNLAWFUL (Amending existing language to follow State Statute).Police Commander Filsinger presented the ordinance, Board of Trustees —August 12,2003 —Page 4 reporting that the Public Safety Committee recommended approval.It was moved and seconded (Habecker/Gillette)Ordinance #11-03 be adopted,and it passed unanimously. 2.*ORDINANCE #12-03 AMENDING CHAPTER 9.18.010 SKATEBOARD DEFINITION (Amending the Skateboard Definition by adding “motorized”). Police Commander Filsinger Police Commander Filsinger presented the ordinance,reporting that the Public Safety Committee recommended approval. Staff confirmed that the ordinance prohibits skateboards,etc.only in downtown areas.It was moved and seconded (Jeffrey-Clark/Gillette)Ordinance #12-03 be adopted,and it passed unanimously. 3 *ORDINANCE #13-03 AMENDING CHAPTER 9.08.070 CONCEALED WEAPONS PERMITS (Repealing this section in its entirety pursuant to Senate Bill 24).Police Chief Richardson Police presented the ordinance, reporting that the Public Safety Committee recommended approval.While not mandated,the Sheriff’s Dept.does advise the Police Department on who has concealed permits.It was moved and seconded (Jeffrey-Clark/Barker) Ordinance #13-03 be adopted,and it passed unanimously. 4 *ORDINANCE #14-03 AMENDING CHAPTER 7.12.080 KENNEL RESTRICTIONS (Correcting a reference,and increasing the number of adult dogs allowed from 2 to 3).Police Commander Filsinger Police presented the ordinance,reporting that the Public Safety Committee recommended approval. Rescue dogs will be addressed in the future Block 7 Amendments.It was moved and seconded (Newsom/Habecker)Ordinance #14-03 be adopted, and it passed unanimously. 5.ESTES PARK HOUSING AUTHORITY —UPDATE.Rita Kurelja,Estes Park Manager gave a PowerPoint update on Talons’Pointe and Vista Ridge: Talon’s Pointe •35 of the 44 units have been leased •Avg.household income is $17,926;avg.family size is 2.64 •Renters represent 11 single-parent families;33 children;3 disabled families;and 6 Hispanic families and 2 African American Families. •The representation of residents include:housekeepers,mail carrier, restaurant workers,veterinarian technician,retail clerks,auto and construction workers,plumber,maintenance worker,office worker and Good Samaritan Village employees. Vista Ridge •7 of the 8 affordable units are under contract and 1 market rate units is under contract •All of the affordable units have been sold to Estes Park residents. Mayor Baudek expressed the Board’s appreciation for the presentation. 6.TOWN MARKETINGIFULFILLMENT —DISCUSSION.Trustee Habecker commented on the Fulfillment Task Force,particularly the second meeting, reviewing his reasoning for leaving early,and expressed his concerns: •Some of the Task Force members,while having experience in similar or related areas,have lived in Estes Park a very short time,which means a long learning period. •Other than Trustee Barker,none of the members is an in-town-lodging owner whose businesses will be most effected by fulfillment issues. •The Town Board has not defined the Task Force’s main task. Board of Trustees —August 12,2003 —Page 5 •So fat,the focus has been on the EPCRA,on the detail of the fulfillment functions they provide,and of their troubled relationship with Trustee Barker and himself. In conclusion,Trustee Habecker requested the Town Board schedule periods of time where they can discuss the issues as presented and begin making some basic decisions,working in parallel with the Task Force. Administrator Widmer distributed copies of the Fulfillment Task Force Description dated July 2003. Audience comments were heard from Deeva Boleman,Exec.Dir./EPCRA (Task Force members are open minded;suggested the Town Board attend the meetings). Trustee Barker noted that there is significant misunderstanding and fear on this issue,and invited the newspaper to visit with him to explain the issues. Consensus of the Trustees was to give the Fulfillment Task Force an opportunity to perform their job,delaying any further Town Board action pending the Task Force’s recommendations,expected by the end of September. 7.TOWN ADMINISTRATOR’S REPORT. A.Lawsuit -Overlook Project (north of The Stanley Hotel Site).Town Attorney White reported that a Preliminary Injunction Hearing will be held August 26th B.Sales Tax Update.June sales tax revenues are down4.7%from ‘02.In a recent tour of other mountain resort communities,all were experiencing a similar decline.The year-to-date budget total is -2.7%.Budget cuts,nearing one-half million,will be presented at the next Town Board meeting. Following completion of all agenda items,Mayor Baudek adjourned the meeting at 8:36 p.m. Vickie O’Connor,Town Clerk U Baudek,Mayor