HomeMy WebLinkAboutMINUTES Town Board 2003-01-14dTown of Estes Park,Larimer County,Colorado,January 14,2003
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 j4th day of January,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.
PUBLIC COMMENT
None.
TOWNBOARD COMMENTS
Mayor Baudek directed Town Administrator Widmer research water conservation
measures and forward same to the Public Works Committee.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated December 101 2002.
2.Bills.
3.Committee Minutes:
A.Light and Power,December 12,2002,and January 9,2003:
1.Ten-Year Financial Forecast:
•Balance revenue and expenses by year-end 2005
•Fund capital expenditures from operating revenues through 2010
•Establish a target for fund balance (excluding inventory)of 25%of
operating revenues.This target should be achieved by year
2012.
2.Light and Power Policy Manual —Amending Interest Rate on
Deposits.
Board of Trustees —January 14,2003 -Page 2
Community Development,January 2,2003:
Special Events Dept.:
1.Letter of Understanding with Leslie Williams —2003 Christmas
Parade Coordinator.
2.June Rodeo Series Agreement with Powder River Rodeo,LLC,
$48,000.
3.Estes Park Fairgrounds Policy Manual —Amending Section E -Park
Use Regulations.
4.Estes Park Housing Authority,November 13,2002 (acknowledgment only).
5.Estes Valley Planning Commission,December 17,2002 (acknowledgement
only).
6.Resolution #1-03 —Public Place Designation to post notices of meetings.
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:
1.CONSENT ITEMS:
1.PRELIMINARY &FINAL CONDOMINIUM MAPS.
A.Coldwater Condominiums,Lot 1,Stauffer Subdivision,Hillery
Parrack/Applicant.
B.Common Point Condominiums,Portion of Lots 42 and 43,
Little Prospect Mountain Addition,Common Point Co./Applicant.
2.FINAL CONDOMINIUM MAPS:
A.Solitude Condominiums IV,Lot 4,Solitude Subdivision,
Crystal Creek Development,lnc./Applicant —Continued from
12/10/02 Town Board Meeting.
B.Cedar Ridge Condominiums III,Lot 4,Beaver Point Third
Addition,Cedar Ridge at Estes Park,LLC/Applicant.
As there was no testimony,Mayor Baudek closed the public hearing and it was
moved and seconded (Habecker/Newsom)all four items listed above be
approved,and it passed unanimously.
3.ACTION ITEMS:
A.REVISED DEVELOPMENT AGREEMENT:White Meadow
View Place Addition,Amended Development Plan #00-05,Lot
32A of the Amended Plat of Lots 32-35,and Portions of Lots 1,
31 and 37,White Meadow View Place Addition,Don E.
Darling/Applicant (JANCO”Properties).Mayor Baudek
opened the Public Hearing,and Community Development
Director Joseph presented the staff report.In summary,the
Applicant is seeking approval of:(1)a second amendment to
the Development Agreement that would allow units to be
constructed in the locations specified on the Development Plan,
and (2)a waiver of the Improvement Guarantee for required
Development Plan improvements.Approval will assist the
development of this proposed affordable housing project.The
request is to modify placement of the previously six units,with
no change in density.Placement of the units can be
Board of Trustees —January 14,2003 -Page 3
accomplished in compliance with Code requirements;the
commitment to affordable housing remains in place;and the
Applicant desires to replace units over time.A delay in paving
some of the parking spaces triggers the waiver of the Letter of
Credit.As there is little risk to the Town,staff is supporting
both requests.
Trustee comments pertained to holding all applicants to the
same standard,support of the request based on affordable
housing,an existing Agreement with JANCO whereby the Town
makes yearly subsidy payments;and improvement to the
intersection and public safety with development of the site.
It was moved and seconded (Newsom/Gillette)that in
support of affordable housing,Items I and 2 listed above
be approved,including the Second Amendment to the
Development Agreement,and it passed by the following
votes:Those voting “Yes”Trustees Doylen,Gillette,Habecker,
Jeff rey-C lark and Newsom.Those voting “No”,Trustee Barker.
B.BLOCK 5 TEXT AMENDMENTS to the Estes Valley
Development Code (Highway Corridor Design Standards).
These amendments were presented December 10,2002 and
the public hearing was continued to this meeting for formal
action.
Community Development Dir.Joseph confirmed that,as
previously requested,staff notified affected landowners by
mailing 375 notices.Approximately 50 inquiries were made.
Attorney White read Ordinance 1-03.
Public testimony in opposition to the Ordinance was heard from:
Corey Blackman/Best Western Silver Saddle Motel,Frank
Williams/Rocky Mountain Traders,Odd Lyngholm,Eric
Blackhurst,1431 Juniper Dr.,Gary Coleman,2250 Big
Thompson Ave.,Deeva Boleman,Dir./CRA,Mike
Wallace/Blackhawk Lodges,Fran Grooters/Alpine Trail Ridge
Inn,Jim Tawney/Ponderosa Lodge,and Steve Lang/Estes
Valley Contractors Assn.Comments pertained to the standards
affecting only commercial properties,not residential;placing a
burden on new business owners;previous Town Boards have
promoted slow,steady growth;negative impact on the sale of
commercial property;these regulations are an example of
taking of property rights (setback requirement)without
compensation;the standards will not improve business
opportunities;the Planning Commission and consultants,not
Estes Park residents,are promoting these standards to control
what occurs on property they don’t own;these requirements will
stifle the engine that drives the Estes Park economy;the Town
should demonstrate leadership by under-grounding existing
overhead power lines,particularly on Mall Rd.,prior to
implementing highway corridor design standards for all affected
commercial property owners;approval of the regulations would
pose a threat to the character of Estes Park;adoption of the
standards would create a hardship for the business community;
construction for the new Fall River Trail has not improved the
appearance of this highway corridor due to rock blasting and
removal of trees;the standards would negatively affect the
Board of Trustees —January 14,2003 -Page 4
driving force of entrepreneurs;and the standards are an
example of coercive power of government.
Testimony in favor of the standards was heard from Judy
Haggard,President/League of Women Voters.Structures built
in the Estes Valley shoUld be in harmony with the mountain
setting (setbacks,building materials,color alternatives,long
uniform roof lines,maintaining the entrance to Estes Park).
Staff noted that the proposed standards do not apply to
commercial downtown properties,and standards could be
specifically written for downtown properties if so desired by the
Town Board;and regarding the color chart,industry technical
standards are based on the “chroma”—intensity of hue.
There being no further public testimony,Mayor Baudek closed
the public hearing.A summary of Trustee questions/comments
were:these standards were promulgated by the
Comprehensive Plan,and the Town agreed to explore the
desirability of looking into the corridors that lead into RMNP;the
regulations place too high a burden on too few people;the
negative impact on redevelopment of a second floor relative to
the setbackl maximum building height;and treating all property
owners in a like manner.
Following completion of all discussion,it was moved and
seconded (Barker/Habecker)proposed Ordinance 1-03 not
be approved,and it passed unanimously.
2.ACTION ITEMS
1.PUBLIC HEARING:2003/2004 ELECTRIC RATE INCREASE.Mayor Baudek
opened the Public Hearing,and Light and Power Director Matzke introduced
Max Kiburz,Rate Consultant,who presented a summation of the Electric Rate
Study,and the associated electric,rate changes proposed by the study.The
study recommends changes affecting all rate classes,and eliminates one rate
and establishing two new rates.The study was presented to the Light and
Power Committee December 12,2002 and,to maintain an adequate fund
balance and provide funding for responsive system operation,the Committee
forwarded a favorable recommendation to the Town Board.The overall
impact of these proposed changes result in a 6.25%revenue increase in
2003,and additional 6.26%revenue increase in 2004.
Town Attorney White read Ordinance 2-03.There being no public testimony,
Mayor Baudek closed the public hearing.The previous electric rate increase
(adjustments)occurred in 1987,and the meeting packet included
correspondence in oppositionto the proposed rate increase from Franklin R.
Crone,6782 Co.Rd.43,Glen Haven,and Steve &Barbara Klett,1776 F
Olympian Ln.,Estes Park.
It was moved and seconded (Newsom/Jeifrey-Clark)Ordinance #2-03
amending the Light and Power Rate Schedules be approved,with said
schedules taking effect February 1,2003.Trustee Barker commented that
rate increases are not pleasant actions,however,it is obvious such action
must be taken;in the future,it would be more appropriate to look at said rates
every year with potential increases to occur in smaller increments.Improved
attention to this fund must be given in the future.Mayor Baudek added that
the Electric Fund is an Enterprise Fund and rates must pay for themselves.
Trustee Doylen commented that as good managers,the Town must have
Board of Trustees —January 14,2003 -Page 5
reserves to assist with catastrophic loss.Trustee Gillette stated he is the
newest Light and Power Committee member,and he appreciates the fact that
staff and the Rate Consultant and now looking ahead;it behooves the Town
Board to re-examine the rates on a yearly basis,passing incremental
increases.Steve Klett,1776 Olympian Ln.stated he has signed up for wind
power made available by the Town,and that he is in favor of increasing wind
power availability and incremental increases.Mayor Baudek advised that the
Town Board is in favor of wind power and that the Municipal Building has been
placed under the Wind Power rate.The motion passed unanimously.
2.PUBLIC HEARING:NEW HOTEL &RESTAURANT LIQUOR LICENSE
APPLICATION FILED BY JOSHUA B.HENDERSON,dba THE REDSTONE
RESTAURANT,225 W.RIVERSIDE DRIVE.Mayor Baudek opened the public
hearing and Mr.Henderson provided background information,including his
culinary career.A family dining environment is planned,and he is limiting
liquor service to beer and wine at this time.Mr.Henderson is aware of and
supports the Town’s diligent monitoring to help prevent the sale or service of
liquor to minors.Trustee Jeffrey-Clark requested and received detailed
information concerning the Applicant’s previous DWI charge.Trustee Barker
encouraged the Applicant to be vigilant and that the Board takes very
seriously the operation of liquor licenses and the Liquor Code.There were no
comments in opposition to the license application.Clerk O’Connor presented
the application noting that the required T.I.P.S.Training Class will most likely
be scheduled this Spring,2003,and that a Petition containing 19 signatures in
favor of the license was submitted.
There being no further testimony,Mayor Baudek closed the public hearing.
Stating that the Board of Trustees finds that the reasonable requirements of
the neighborhood are not met by the present liquor outlets in the neighborhood
and that the desires of the adult inhabitants are for the granting of this liquor
license,it was moved and seconded (Doylen/Gillette)the Hotel and
Restaurant Liquor License Application filed by Joshua B.Henderson for
The Redstone Restaurant be approved,and it passed unanimously.
3.RE-APPOINTMENT —ESTES PARK BUILDING AUTHORITY.Mayor Baudek
requested approval of the re-appointment of Rich Widmer and Pete Brandjord
to the Estes Park Building Authority.It was moved and seconded
(Gillette/Doylen)the re-appointment of Messrs.Widmer and Brandjord be
approved,with the 3-yr.terms expiring 1/01106,and it passed unanimously.
4.TOWN ADMINISTRATOR’S REPORT.
A.Sales Tax Update.The November Sales Tax Report indicates revenues are
down 17.97%from November,2001,and year-to-date figures confirm
revenues are down 2.35%.A report entitled Economic Indicators was
presented listing the percentage change between 2001 and 2002.Traffic
counts verify the steady decrease in revenues for 2002,and Dept.Heads are
delaying any capital purchases until further advised by Administrator
Widmer.
B.Fall River Trail.This Trail is nearing completion and staff anticipates
obtaining an easement through adjacent property that would facilitate
connection of the path to Performance Park.
Following conclusion of all agenda items,Mayor Baudek adjourned the meeting at 9:08
p.m.
Board of Trustees —January 14,2003 -Page 6
n Baudek,Mayor
Vickie O’Connor,Town Clerk
El