HomeMy WebLinkAboutMINUTES Town Board 2003-07-08‘Town of Estes Park,Larimer County,Colorado,July 8,2003
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 the 8th day of July,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
G.Wayne Newsom
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:Lori Jeffrey-Clark,Trustee
Mayor Baudek called the meeting to order at 7:00 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Trustee Barker called attention to the 75th Annual Rooftop Rodeo that begins this evening at
7:30 p.m.,and runs through Sunday.
Mayor Baudek commented that there are troops still serving their country in Iraq,and he
urged citizens to keep them in their thoughts.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated June 24,2003.
2.Bills.
3.Committee Minutes:
A.Public Safety,June 26,2003:
Fire Dept.:
1.Mutual Aid Agreement with PRPA.
2.Memorandum of Understanding with RMNP —1-yr.extension.
B.Community Development,July 3,2003:
Museum Dept.
*1.Contract for Museum Expansion,Part I,to the Beck/Westover Team,
$10,700.
4.Estes Valley Planning Commission,June 17,2003 (acknowledgement only).
5.Firemen’s Pension Board,June 30,2003 (acknowledgement only).
Board of Trustees —July 8,2003 —Page 2
6.Appointment of Board of Appeals Members for the Uniform Code for the
Abatement of Dangerous Buildings:Karl Ertl,Steve Lane,and Kerry Prochaska;
original term expiring April,2004,then converting to 2-yr.term.
7.Appointment of Police Chief Richardson to Larimer Center for Mental Health
Board.Three-yr.term,expiring August,2006.
Mayor Baudek stated that the Museum Expansion Contract would be removed from
Consent for presentation.
It was moved and seconded (Doylen/Gillette)that with exception of Item 3.B.1.,the
consent agenda be approved,and it passed unanimously.
*Museum Director Kilsdonk briefed the Town Board on the Museum Expansion Contract,
with the team of Beck/Westover,advising that the Contract was renegotiated and Phase I
has been reduced from $10,700 to $10,500,and Phase II has been reduced from $56,750
to $53,900,for a total of $64,400.The Committee favorably recommended approval of
Phase I,with staff returning to the Community Development Committee for final approval of
Phase II.It was moved and seconded (Doylen/Barker),the contract with
BecklWestover for Phase I of the Museum Expansion in the amount of $10,500 be
approved,and it passed unanimously.
IA.PLANNING COMMISSION AGENDA (Approval of):
Mayor Baudek:Open the Public Hearing for all Consent Agenda Items.If the
Applicant,Public or Town Board wish to speak to any of these consent items,they will
be moved to the “Action Item”Section.
1.CONSENT ITEMS:
1.AMENDED PLATS.
A.Amended Plat of Lot 14,Block 6,Country Club Manor
Addition,with the vacated 20’of Fir Ave.adjoining subject
property on the west side,and Lot 1,Block 5,Amended Plat of
Blocks 4 and 5,and Lot 4,Block 3,Hyde Park Addition —Bob
Griffin &Kenneth and Maryella PearsonlApplicants.
2.FINAL CONDOMINIUM MAPS:
A.Solitude Ill Condominiums,Supplemental Condominium Map
#1,Lot 3,Solitude Subdivision,Unit 2,Crystal Creek
Devel opm entlApp I ica nt.
B.Solitude VI Condominiums,Lot 6,Solitude Subdivision,Units
I —6,Fish Creek Properties,LLC/Applicant.
As there was no public testimony on Items l.A.,2.A.or 2.B,Mayor Baudek closed the
public hearing,and it was moved and seconded (Newsom/Gillette)Items l.A.,2A.
and 2B.be approved,and it passed unanimously.
2.ACTION ITEMS:
A.Estes Valley Development Code Block 6 Amendments.Amendments
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.
Mayor Baudek opened the Public Hearing and noted the Board’s
intention to continue the Public Hearing to July 22,2003;however,
the Board would hear any audience comments at this time.
Board of Trustees —July 8,2003 —Page 3
John Spooner,527 Hondius Cir.,who was representing the recently
formed Estes Park Car Club,noted the Club members in the audience,
and in summary,made the following comments:appreciates the
Planning Commission and Staff for recommending deletion of the 1,000
sq.ft.of gross floor restriction area for garages,including attached;
pleased that parking within buildings has been excluded from the Code;
and the Club has not taken a position on the number of cars allowed on
a lot as long as the Code provides for storage of vehicles.
There being no further testimony,it was moved and seconded
(Habecker/Gillette)the public hearing be continued to July 22,2003,and it
passed unanimously.
2.ACTION ITEMS:
1.TOWN BOARD GOAL 5,STANLEY PARK BUSINESS PLAN —PRESENTATION.
Assistant Town Administrator Repola presented the Revitalization Plan that was
favorably recommended by the Community Development Committee.The
Committee also recommended authorization to initiate the master planning process.
(See Community Development Minutes dated 7/3/03).Trustee Habecker
commented that he was quite happy with the outcome;Team members came to
meetings prepared;all had significant input;and the property needs an infusion of
capital that will be funded from sales tax revenues,which in turn will benefit the entire
area.Staff noted that a budget has not yet been developed pending the Master Plan
(completion expected by 2/04).It was moved and seconded (Habecker/Barker)the
Stanley Park Revitalization Plan be approved,and it passed unanimously.Mayor
Baudek commended the Goal 5 Team for their excellent work.
2.COMMUNITY REINVESTMENT FUND 5-YR.CAPITAL IMPROVEMENT PLAN
(CIP)—DISCUSSION &REQUEST FOR ADOPTION.Town Administrator Widmer
presented said 5-yr.Capital Improvement Plan for the Community Reinvestment
Fund.The Town Board Goal to update the IGA with EPURA is the key element to
the agreement as it determines how the funding flows between both agencies.
Administrator Widmer emphasized that the CIP did not include widespread input,a
bare minimum kind of approach was utilized,and the Plan is merely a guide that may
be changed,added to,etc.The Plan is intended to be a guide for future funding
decisions;highlights are listed below:
>New Parks Shop Design (new building in 2005)
Bond Park Remodel,2004 (design),2007 and 2008 (renovation)
New Police Building,2004 (design),(new building in 2006)
Payments for Lot 4,Stanley Historic District,refinanced Conference Center,
and Performing Arts Center
Municipal Building Remodeling,2003,2004 &2007
Museum Remodeling,Phase II,2004
Annual Street Improvement Project (funded at increased levels in 2005
through 2008)
Post Office Parking Lot Reconstruction,2005
>Tallant Park Reconstruction,2008
>Various Streetscape Replace,2008
>Trail Construction,$150,000/yr.beginning in 2005 (additional funding
available in the Open Space Fund)
A Community Reinvestment Fund Cash Flow sheet was also reviewed that indicated
the resulting fund balance based on the described CIP.This sheet shows EPURA
transfer is necessary to enable construction of the basic projects the Town needs in
the next five years.The assumption is that EPURA would transfer $2.5 Million/yr.,to
the Town ($1 Million for general operating expenses,and $1.5 Million for the
Community Reinvestment Fund projects).
Board of Trustees —July 8,2003 —Page 4
Administrator Widmer also reviewed the EPURA Bond Issue,Series 2003.
Total Revenue AvailabTe
$3,250,000
Less Town Transfer -2,500,000
Remainder 750,000
Less EPURA Operating Expenses -200,000
Available for EPURA Debt Service 550,000
Bond Issue based on above Debt Service 2,500,000
EPURA fund Balance available for projects 3,000,000
TOTAL AVAILABLE FOR PROJECTS $5,500,000
Town Administrator Widmer stated that the purpose of seeking adoption of the CIP
at this time is to provide a framework for the EPURA bond issue and IGA that must
to be adopted.The CIP has been submitted to the EPURA Commissioners and they
are in consensus with the Plan.
Trustee Doylen noted her concern that more Trustees were not involved in the
process,suggesting the CIP be tabled pending discussion by the entire Board.
Discussion followed,and it was moved and seconded (Doylen/Gillette)further
action on the Capital Improvement Plan be tabled pending a study session,and
it passed unanimously.The study session will be scheduled as soon as possible.
3.APPOINTMENT —FULFILLMENT TASK FORCE.As directed by Mayor Baudek,
Town Administrator Widmer prepared a Fulfillment Task Force Description and
Mission that will examine the issues concerning how the fulfillment portion of the
Town’Advertising Program is conducted.Staff anticipates work could begin July
16th and be concluded by September 17,2003.The Town Board was briefed on the
Purpose,Members,Schedule,Staffing,Town Board Consensus,and Other Issues.
Appointment of the following members was requested:
Jeff Barker,Trustee Kathy Asche
Deeva Boleman Peggy Campbell
Don Cheley Bruce Grant
Judy Haggard Kent Meyer
Al Wasson Rich Widmer,Facilitator
Ted Williams
Members are very respected citizens,and,with the exception of David Taylor,they
have agreed to serve.Trustee Habecker noted that this issue is very important to
him,and that the Town Board received their just authority by the citizens of Estes
Park,recognizing the appointment of Task Force members,the Board has not
relinquished their authority.
Audience comments were heard from the following:Bill Almond,Gen.Mgr./Holiday
Inn/Trail Ridge Store (is an EPIC contributor,supports and encourages the Task
Force to look at the entire Estes Valley as the driving force of the economy);Sue
Spooner/Chamber Ambassadors (encouraged/suggested a Chamber Ambassador
be appointed to the Task Force to represent the Ambassadors);David
Crockett/River Stone Mgmt.Co.(leads are being given away to people/resorts
located out of town and they don’t pay local sales tax;concerned with the
composition of the Task Force—3 appointees are in accommodations businesses
outside Town Limits);Ned Linegar/resident &former Chamber Mgr.(the Task Force
should not only deal with fulfillment but promotion as well,and questioned the
“timing”of this issue);Ken Coleman/Estes Print Works (the Chamber has done an
outstanding job in promoting the city,people,area,etc.;why is the Town doing this
when the Chamber is a separate entity from the Town?;questioned why leads can’t
Board of Trustees —July 8,2003 —Page 5
go to everyone?);Mat Riley/Estes Park Campground &CRA Board Mbr.(concern
with the disparity between in and outside businesses,supports the Task Force and
hopes they have good leadership—some discussion issues may be detrimental to
the Chamber);Deeva Boleman,Director/CRA (distributed a list of the CRA’s
contributions to fulfillment,tourism promotion and economic vitality;CRA has done
much more than they are contracted to do;visitors pay sales tax,business owners
do not;everyone who receives leads is paying for them;has repeatedly requested a
meeting with the Town Board and each request has been denied;the Town Board
has made some recommendations based on partial information provided by the
Town Board’s representatives,not from the CRA;and concern was expressed
regarding:(1)this issue has caused a division in the community,(2)a comment
made during the Community Development Committee that the YMCA is an “outside
competitor”;(3)whether or not recommendations from the Task Force will be taken
seriously;(4)could member fees be increased to fund fulfillment services if the CRA
is not in place?);and Karl Snyder/Chamber member (believes the Task Force should
make a distinction between where the city starts and ends;and questioned if the
internet site is the CRA’s,aren’t the leads theirs as well?).
The following Trustee comments were heard:the controversy over the Task Force
appointments is encouraging;the Task Force will work on determining whether those
businesses outside Town Limits are willing to collect the same 4%sales tax and
contribute to the marketing fund;inside businesses pay business license fees,
outside businesses do not;confirmation that Town representatives did represent all
the facts honestly to the Town Board;the Town does not want to control the
Chamber;the issue remains a desire for the Town to control what the Town is paying
for;the Town owns the leads;the Town Board did state they recognize the value of
leads and businesses outside Town Limits and that these businesses may obtain
them by paying the fair market value;and the Town Board will indeed listen to
recommendations from the Task Force.Mayor Baudek added that the Trustees did
not intend to imply that the Town Board is unhappy with the Chamber Ambassadors
as they (Ambassadors)are doing a great job helping the community.Concluding all
discussion,it was moved and seconded (Doylen/Gillette)the list of candidates
recommended for appointment to the Fulfillment Task Force be approved,and
it passed unanimously.
4.STANLEY HISTORIC DISTRICT TECHNICAL REVIEW COMMITTEE (TRC)
OVERLOOK PROJECT -CONSIDERATION OF REQUEST FOR APPEAL.Town
Attorney White gave an oral report on the historical background of the Development
Agreement for Lot 2,Stanley Historic District that was incorporated into the Municipal
Code;the Development Plan submitted 4/14/03 by Overlook Development,Inc.,the
6/04/03 approval of the Plan by the TRC,lawsuit filed Judith Nichol 6/19/03,and
Motion for Stay and Temporary Restraining Order appealing the decision of the TRC.
The Town Board is being requested to decide as to whether or not to consider the
appeal of said TRC decision.Overlook Development,Inc.is the successor in
interest to Overlook Limited Partnership,and “This Agreement is made and entered
into for the sole protection and benefit of the parties hereto.No other party shall
have any tight of action or claim based upon any provision of this Agreement.”The
purpose of the TRC is to administratively determine whether or not any proposed
development on the property meets the Design Guidelines.The appeal provision in
the Master Plan is limited to the Owner/Developer of Lot 2.Thus the third party
(Nichol)has no right to appeal.The TRC has denied at least two other development
proposals,as they did not meet design guidelines.A memo,prepared by Town
Attorney White,was included in the Town Board packet.Responding to a question
concerning the “open meetings law”,Attorney White stated that the TRC is a
technical review group,not subject to the Open Meetings Law.Staff confirmed that
Ms.Nichol’s attorney was advised of this meeting,and,as there was no audience
testimony,it was moved and seconded (Newsom/Habecker)the request for an
appeal of a decision by the Technical Review Committee be denied,and it
passed unanimously.
Board of Trustees —July 8,2003 —Page 6
5.ORDINANCE #8-03 —AMENDING MUNICIPAL CODE SECTION 2.040.030
(CORRECT MEETING TIME FOR TOWN BOARD MEETINGS,&REPEALING
CHAPTER 2.64 PLANNING COMMISSION (SECTIONS 2.64.010 AND 2.64.020
ARE CONTAINED IN THE ESTES VALLEY DEVELOPMENT CODE.Town Clerk
O’Connor requested approval of the Ordinance as presented to correct inaccuracies
in the Municipal Code.Attorney White read the Ordinance,and it was moved and
seconded (Gillette/Newsom)Ordinance #8-03 be approved,and it passed
unanimously.
6.ORDINANCE #9-03 —AMENDING MUNICIPAL CODE SECTION 9.18 BY ADDING
PERFORMANCE PARK AND ADJACENT PARKING LOT TO THE RESTRICTED
LIST OF PUBLIC AREAS WHERE SKATEBOARDS,ROLLERBLADES AND
BICYCLES ARE PERMITTED.Police Sgt.Kufeld reviewed the current locations
regulated in the Skateboarding Ordinance,and stated that pursuant to a number of
complaints from area property owners and visitors,the Police Department believes
that Performance Park and the adjacent parking lot should be included in the
existing Skateboarding Ordinance.Skateboarding is occurring on the facility’s stage
area and adjoining grounds.Sgt.Kufeld confirmed that the Dept.would utilize a “soft
approach”in enforcing the amended Ordinance,issuing warnings not tickets for a
period of time.Town Attorney White read the Ordinance,and it was moved and
seconded (Habecker/Newsom)Ordinance #9-03 be approved,including the
“emergency clause”,and it passed unanimously.
7.TOWN ADMINISTRATOR’S REPORT.
A.Fall River Trail.The pedestrian bridge was delivered and set this morning;
and work continues on the Fish Creek Trail extension around the golf course.
Trustee Doylen announced that 8 of the affordable units and the first market rate unit are
under contract in Vista Ridge.This housing project contains 16 units in Phase 1.
Trustee Doylen requested the Town Board Update be re-instituted to better inform all
Trustees on pertinent Town issues.
Trustee Habecker commended the Jaycees for a wonderful fireworks display July 4th
Following completion of al agenda items,Mayor Baudek adjourned the meeting at 9:07.
Vickie O’Connor,Town Clerk
Li
n
n Baudek,Mayor