HomeMy WebLinkAboutMINUTES Town Board 2003-12-09Town of Estes Park,Larimer County,Colorado,December 9,2003
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 9th day of December,2003.
Meeting called to order by Mayor John Baudek.
Present:John Baudek,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
Stephen W.Gillette
G.Wayne Newsom
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:David Habecker and Lori Jeffrey-Clark,Trustees
Mayor Baudek called the meeting to order at 7:00 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Mayor Baudek reported that he directed staff to review a vicious dog ordinance that
could change or prohibit pit bull dogs.In 1998,79 vicious dog bite deaths were
reported,27%of which were attributed to pit bulls.Information will be presented to
upcoming Public Safety Committee meeting.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated November 25,2003.
2.Bills.
3.Committee Minutes:
A.Community Development,December 4,2003:
Community Development Dept.:
1.JANCO Properties of Estes Park,Third Revised Development
Agreement —to allow ownership of individual units.
Special Events Dept.:
1.Estes Park Marathon/Race Event scheduled June 20,2004 —
Approval of Race Route.
4.Estes Park Housing Authority,October 8 and November 12,2003
(acknowledgment only).
5.Estes Valley Board of Adjustment,December 2,2003 (acknowledgement
only).
Board of Trustees —December 9,2003 -Page 2
6.Estes Valley Planning Commission,November 18,2003 (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.
1.CONSENT ITEMS:
1.PRELIMINARY &FINAL CONDOMINIUM MAP.
A.Stanley Avenue Condominiums,Lot 32B of the Amended Plat of
Lots 32A and 33A of the Amended Plat of Lots 32,33,34,35,
and Portions of Lots 1,31,and 37,White Meadow View Place
Addition;Don Darling/Applicant.
2.REZONING &PRELIMINARY SUBDIVISION PLAT:
A.Mangelsen Subdivision,a Portion of Lot 32,Bonnie Brae
Addition,and Lot 4,Habitat Subdivision,Habitat for Humanity of
Estes Valley,Inc./Applicant.
There being no public comment,Mayor Baudek closed the public hearing
and it was moved and seconded (Doylen/Barker)Items l.A.and 2.A.be
approved,and it passed unanimously.
2 ACTION ITEMS:
Mayor Baudek opened the Public Hearing:
A.Intergovernmental Agreement (IGA)between Larimer
County and the Town of Estes Park —Proposed
Amendment.The current IGA provides for five members on
the Board of Adjustment—three appointed by the Town and
two appointed by the County.The proposed amendment is
designed to provide for a single alternate member who
would be able to fill-in for any absent member.The
alternate could reside anywhere within the “valley”and
would be appointed jointly by the Town and County.Both
entity attorneys and staff have reviewed the IGA
amendment.
B.Estes Valley Board of Adjustment Bylaws —
Supplemental Rules of Procedure.The Board of
Adjustment has been operating without bylaws since its
inception in 2000.The proposed bylaws provide clarity in
terms of how meetings are managed,votes taken and
general rules of procedure.Mayor Baudek requested the
word “staff’be deleted from Item I .B.—Work Session.
It was moved and seconded (Newsom/Gillette)the
Amended IGA between Larimer County and the Town,
and the Supplemental Rules of Procedure for the Estes
Valley Board of Adjustment be approved,and it passed
unanimously.
Board of Trustees —December 9,2003 -Page 3
C.Development Review Fee Increase,Phase I —Revision to
Community Development Policy Manual.Community
Development Dir.Joseph reported on the Development
Review Fee Schedule with an effective date of January 1,
2004.The two-phase proposal would amend the
Community Development Policy Manual and the second
phase would be implemented in 2005.Waivers may be
requested by deserving non-profits and public entities.New
items include:
•Town Attorney billings to the applicant for his time on
reviews have been eliminated,and Town Attorney
time will now be billed to the Town and paid for out of
the General Fund account to which these fees are
being paid.
•All fees are due at the time of submittal.
•There is no fee attached for pre-application
conferences.
•Rezoning fees are $750.00.
Added PUD to Development Plan fees.Total PUD
fees are based on the cumulative amount of all
applicable review steps listed on the fee schedule.
•Records fees must be paid by the applicant at the
time of recording.
•Refunds for work not performed are subject to the
approval of the Community Development Dir.The
Director’s decision may be appealed to the
Community Development Committee,and all requests
for refunds must be made in writing.
Dir.Joseph confirmed that a percentage basis,not an hourly
formula,would be applied to refund requests.Additionally,
as discussed previously during budget meetings,all fees
would double in 2005 for 100%cost recovery.Town
Attorney White confirmed that there is no charge to a
landowner for annexation when the Town,not the
landowner,is pursuing annexation.
Hearing no further testimony,Mayor Baudek closed the
public hearing.It was moved and seconded
(Gillette/Doylen)the Community Development
Application Review Fee Increase (effective 01101104)
revising the Community Development Policy Manual,be
approved until further action by the Town Board.Staff is
to present the fee schedule for further Town Board review at
year’s end (2004)and not automatically implement Phase II.
Trustee Barker stated that he would not support the motion
as he believes the Community Development Dept.(with
minor fees)should be funded by the General Fund.The
“community will”is imposed on individual property owners,
thus the “community”should fund the process.Those voting
“Yes”Trustees Doylen,Gillette and Newsom.Those voting
“No”Trustee Barker.
Board of Trustees —December 9,2003 -Page 4
2.ACTION ITEMS:
1.2003 BUDGET SUPPLEMENT RESOLUTION #18-03.Finance Officer
Brandjord reviewed the resolution,and it was moved and seconded
(Barker/Doylen)the 2003 Budget Supplement Resolution #18-03
appropriating $93,095 for the Building Authority be approved,and it passed
unanimously.
2.A.LIGHT &POWER DEPT.2003-2008 FINANCIAL PLAN (Draft)
PRESENTATION.Public Works Dir.Linnane introduced John Gallagher/Black
&Veatch who presented the Executive Summary and Cash Flow Analysis
Tables highlighting the financial goals and capital improvement projects of the
Light and Power Dept.A 3.9%rate increase in 2005 through 2008 is being
recommended to realize established goals and projects.The plan stabilizes the
Light and Power Enterprise Fund in terms of its fund balance and will assure
funding is adequate to maintain and upgrade the electric system.The 2003 and
2004 revised budget figures were incorporated into the Financial Plan.
Following a question and answer period,Mr.Gallagher confirmed Estes Park is
still one of lowest quartile electric utilities in the state.There were no audience
comments,and Town Attorney White confirmed that at this time,Town Board
action would be accepting the report,not the rate increase.Thus it was moved
and seconded (Newsom/Gillette)the 2003-2008 Financial Plan be accepted,
and it passed unanimously.
B.WATER DEPT.2003-2008 FINANCIAL PLAN AND RATE STUDY (Draft)
PRESENTATION.Mt.Gallagher also presented the Final Draft of the Water
Dept.Rate Study.A 2.9%rate increase extension is being proposed for 2007
and 2008 and additional revenues from the extension will assist in funding
capital improvements for the water treatment and distribution systems.Many of
these capital projects are necessary due to the ever-changing and rigorous
water quality parameters mandated by the EPA.The estimated 2004 fund
balance is approximately $1 Million,and this fund increases to a projected $2
Million by 2008.The proposed rates will help finance the 5-year Capital
improvement Plan.Additionally,the 2008 fund balance will assist in the funding
of the future Marys Lake Water Treatment Plant expansion,estimated at $3.5
Million.This expansion is necessary due to anticipated increased water demand
and stringent water quality requirements.Alternative B is recommended that
includes eliminating the 2,500-gal.volume allowance in the service charge in
2007 and 2008.A data sheet listing the typical single-family monthly bills in
Loveland,Estes Park,Longmont,Greeley,Berthoud and Erie was distributed,
and Estes Park was the second lowest.Following additional discussion,it was
moved and seconded (Barker/Gillette)the Water Dept.2003-2008 Financial
Plan and extension of the 2.9%water rate increase through 2008 be
accepted,and it passed unanimously.
3.PUBLIC HEARING:NEW HOTEL &RESTAURANT LIQUOR LICENSE
APPLICATION FILED BY SEABEAR,INC.(Joe &Nadine Fichera),dba
ESTES DELI &CATERING CO.,361 S.ST.VRAIN AVE.Mayor Baudek
opened the Public Hearing,and Clerk O’Connor presented the Application,
confirming that required T.I.P.S.Training is not yet scheduled.Mr.Fichera
addressed the Board and commented on their recent relocation and desire to
serve evening meals.Trustee Barker stated that the Town Board takes liquor
licensing very seriously,particularly with the youth;if the licensee is found in
violation of the Liquor Code,serious repercussions may result.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
Board of Trustees —December 9,2003 -Page 5
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,and it
was moved and seconded (Newsom/Gillette)the Hotel and Restaurant
Liquor License Application for Seabear,Inc.,dba ESTES DELI &CATERING
CO.be approved,and it passed unanimously.
4.PUBLIC HEARING:NEW TAVERN LIQUOR LICENSE APPLICATION FILED
BY AGAPEMOU,LTD.(Anastasis Keramidis,dba KELLI’S,110 W.
ELKHORN AVE.(second floor).Mayor Baudek opened the Public Hearing,
and Clerk O’Connor presented the Application,confirming that required T.I.P.S.
Training was completed November 20th Mr.Keramidis addressed the Board
and commented on his plans for a non-smoking,dancing environment for those
over 21 years of age.Trustee Barker stated that the Town Board takes liquor
licensing very seriously,particularly with the youth;if the licensee is found in
violation of the Liquor Code,serious repercussions may result.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,and it
was moved and seconded (Doylen/Gillette)the Tavern Liquor License
Application for Agapemou,Ltd.,dba KELLI’S be approved,and it passed
unanimously.
3.APPOINTMENTS/RE-APPOINTMENTS.Mayor Baudek announced the
following appointments and re-appointments and requested they be approved:
ESTES VALLEY LIBRARY DISTRICT:
Re-appointment:Julie Parker,4-yr.term,expiring 12/31/07.
MUSEUM ADVISORY BOARD:
Re-appointments:Gene Oja and Nancy Schiaffo,4-yr.terms,
expiring 12/31/07
PLATTE RIVER POWER AUTHORITY:
Reappointment:Bill Linnane,4-yr.term,expiring 12/31/07
It was moved and seconded (Doylen/Newsom)the appointments listed above
be approved,and it passed unanimously.
CONVENTION &VISITORS BUREAU MARKETING BOARD:Mayor
Baudek read the CVB Mission Statement,and requested the following be
appointed to 9 mo.initial terms,from 01/01/04 through 09/30/04:
Bill Almond/Full Service Accommodations
Cory Blackman/Limited Service Accommodations
Jim Chappell/Transportation
Doria Eisenlauer/Ambassador
Bruce Grant/Business Services
Ed Grueff/Restaurants
Paul Holgorsen/Retail
Jerry Indermuehle/Cultural Arts
Lee Lasson/Media Internet
Steve McFarland/Professional Services
Nick Molle’/Media Television
Kathy Palmeri/Campgrounds/Colo.Tourism Office
Sue Doylenrrrustee -Chairman.
Board of Trustees —December 9,2003 -Page 6
Audience comments were heard from Charlene Westfield/President Brd.of
Directors/Chamber of Commerce who congratulated selection and questioned
staffs recruitment efforts.Mayor Baudek confirmed that the CVB’s meetings will
be opened to the public.Concluding discussion,it was moved and seconded
(Newsom/Gillette)the CVB Appointments listed above be approved,and it
passed unanimously.
4.ORDINANCE #20-03 —AMENDING SECTIONS 2.52.020 AND 2.52.040 OF
THE MUNICIPAL CODE PERTAINING TO SALARIES OF THE MUNICIPAL
JUDGE AND MUNICIPAL COURT CLERK.Town Administrator Widmer
reported that the Town adjusts the salaries of the Municipal Judge an Court
Clerk every other year;the Ordinance proposes an increase for the Judge’s
salary from $17,037/yr.to $18,741/yr.and the Court Clerk’s salary from
$8,810/yr.to $9,691/yr.Attorney White read the Ordinance,and it was moved
and seconded (Gillette/Doylen)Ordinance #20-03 be approved,and it passed
unanimously.
8.TOWN ADMINISTRATOR’S REPORT.
A.Rooftop Rodeo Award.The Rooftop Rodeo Committee has been
awarded the 2003 Small Rodeo Committee of the Year.A formal
presentation is scheduled ill 3,04.
9.REQUEST TO ENTER EXECUTIVE SESSION:
24-6-402(4)(e),C.R.S.—Determining positions relative to matters that may
be subject to negotiations,developing strategy for negotiations,and/or
instructing negotiators,and 24-6-402f4)(f),C.R.S.—Discussion of personnel
policies that do not require discussion of matters personal to particular
employees.
Motion:Trustee Newsom moved the Town Board go into Executive
Session for the purpose of determining positions relative to
matters that may be subject to negotiations,developing strategy
for negotiations,andlor instructing negotiators,under C.R.S.
Section 24-6-402(4)(e)and Section 24-6-402(4)(f)for discussion of
personnel policies that do not require discussion of matters
personal to particular employees.Trustee Gillette seconded the
motion and it passed unanimously.
Whereupon Mayor Baudek adjourned the meeting to Executive Session at 8:11 p.m.
Mayor Baudek reconvened the meeting at 8:27 p.m.and noted that due to the
upcoming holiday season,the Town Board meeting scheduled December 23,2003 has
been cancelled.
Following completion of all agenda items,Mayor Baudek adjourned the meeting at 8:27
p.m.
ohn Baudek,Mayor
Vickie O’Connor,Town Clerk