HomeMy WebLinkAboutMINUTES Town Board 2004-12-14Town of Estes Park,Larimer County,Colorado,December 14,2004
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 14th day of December,2004.
Meeting called to order by Mayor John Baudek.
Present:John Baudek,Mayor
Susan L.Doylen,Mayor ProTem
Trustees David Habecker
Lori Jeffrey-Clark
Chuck Levine
Wayne Newsom
Bill Pinkham
Also Present:Randy Repola,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 all desiring to do so,recited the
Pledge of Allegiance.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Trustee Jeffrey-Clark commented that at the recent NLC Conference in Indianapolis she
was elected Chairman of the Small Cities Council,and Estes Park will host the Steering
Committee this summer.
Trustee Habecker rebutted public statements that he is turning his back to the flag as he
has elected not to recite the Pledge of Allegiance.
Trustee Doylen commended the Ladycat Cheerleaders in taking second at the State Finals.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated November 23,2004,2004.
2.Bills.
3.Committee Minutes:
Utilities,December 9,2004:
A.Water Tap Fee Waiver,Estes Park Salud Foundation ($16,000).
*4 Intent to Annex Resolution #19-04 for Beaver Point Heights Addition;set public
hearing.MOVED TO 1111105 AGENDA.
*5 Intent to Annex Resolution #20-04 for Fall River Second and Third Addition;set
public hearing.MOVED TO 1111105 AGENDA.
*6.Re-appointments —Estes Valley Public Library District:Marshall Hesler,Sarah
Walsh and Barbara Lister,4-yr.terms,expiring 12/31/08.ADDED TO 12114104
AGENDA.
Board of Trustees —December 14,2004 —Page 2
It was moved and seconded (Doylen/Levine)the Consent Agenda be approved,and it
passed unanimously.
IA.PLANNING COMMISSION AGENDA (Approval of):
Mayor Baudek opened the Public Hearing for the following Consent Agenda Item,
advising that if the Applicant,Public or Town Board wishes to speak to this item,it will
be moved to the “Action Item”Section.
1.CONSENT ITEMS:
1.PRELIMINARY CONDOMINIUM MAPS:
Riverspointe Downtown,Lots 17,18,19,&20,Hupps Addition Block
6,Town of Estes Park,Applicant:Cardinal Properties,LLC.
There being no public testimony,Mayor Baudek closed the public hearing.Trustee
Doylen moved Consent Item 1.1.be approved.Trustee Pinkham cited a potential
conflict of interest,stating he would Abstain from voting.Trustee Newsom seconded
the motion,and it passed with Trustee Pinkham Abstaining.
1.ACTION ITEMS:
Mayor Baudek opened the Public Hearing for the following item:
1.BROOKSIDE ADDITION ANNEXATION REQUEST -BROOKSIDE
ADDITION (740 Moraine and 825 Riverside Dr.).RESOLUTION 21-04 &
ORDINANCE 8-04:Worldmark by Trendwest,Lots 1,2,and 3 and Outlot
A,Timberlane Subdivision and a Tract of Land Located in the NE 1/4 of the
NE 1/4 of Section 35,T5,R73W of the 6th P.M.,being a Portion of Lot 7,
Summervilla Subdivision,Applicant:Trendwest Resorts.Sr.Planner Shirk
presented the staff report and noted one condition prior to annexation—
inclusion in the Northern Colorado Water Conservancy District prior to
water service by the Town.The Board of Adjustment granted one of two
variances (height),and a single-ownership development,not condominium
development is proposed.The Planning Commission voted unanimously to
recommend approval and there was no opposition expressed.
Town Attorney White read Ordinance #8-04 and Resolution #21-04,and as
there was no public testimony,Mayor Baudek closed the public hearing.It
was moved and seconded (Doylen/Habecker)Resolution #21-04 and
Ordinance #8-04 be approved,annexing Brookside Addition,and it
passed unanimously.
Mayor Baudek opened the Public Hearing to consider the following rezoning and
request and P.U.D.development:
2.A.REZONING REQUEST FROM A-ACCOMMODATION TO C-O
COMMERCIAL OUTLYING,ORDINANCE #9-04.Worldmark by
Trendwest,Lots 1,2,and 3 and Outlot A,Timberlane Subdivision and a
Tract of land Located in the NE 1/4 of the NE 1/4 of Section 35,T5,R73W
of the 6th P.M.,being a Portion of Lot 7,Summervilla Subdivision,
Applicant:Trendwest Resorts.
AND
2.B.PLANNED UNIT DEVELOPMENT (P.U.D.).Worldmark by Trendwest PUD
04-02,Lots 1,2,and 3 and Outlot A,Timberlane Subdivision and a Tract of
Land Located in the NE 1/4 of the NE 1/4 of Section 35,T5,R73W of the
6th P.M.,being a Portion of Lot 7,Summervilla Subdivision,Applicant:
Board of Trustees —December 14,2004 —Page 3
Trendwest Resorts.Staff reported that a PUD is requested to facilitate a
proposal to redevelop the existing 64 commercial accommodations units
located on-site (Big Thompson Timberlane Lodge)into 66 accommodations
units,all with kitchens.
Shawn O’Donahue/Ankrom Moisan Architects gave a PowerPoint
presentation of an overview of Phase I of proposed development and
project phasing.
Trustee Levine requested clarification on the 10’trail easement connection
and Mr.O’Donahue replied that the trail easement is being provided and
the surface will be gravel until such time as the Town constructs/connects
the formal path.Staff clarified that the commercial lot is not included in
density calculations.Town Attorney White read Ordinance #9-04 rezoning
the property from A-Accommodations to C-O Commercial Outlying.
Audience comment was heard from George Hockman who called attention
to the official noxious weed “diffused knapweed”as seen in the
presentation—it is the property owner’s responsibility to remove it.
There being no further testimony,Mayor Baudek closed the public hearing.
It was moved and seconded (Newsom/Pinkham)Ordinance #9-04
rezoning the property as stated above be approved,and it passed
unanimously.
It was also moved and seconded (Doylen/Levine)P.U.D.#04-02 be
approved,and it passed unanimously.
2.ACTION ITEMS:
1.PUBLIC HEARING —2003 INTERNATIONAL CODES —ORDINANCE #7-04.
Mayor Baudek opened the public hearing,and Chief Building Official Birchfield
presented the following building codes for adoption:
•International Residential Code (IRC)
•International Building Code (IBC)
•International Existing Building Code (IEBC)
•International Mechanical Code (IMC)
•International Fuel Gas Code (IFGC)
•International Plumbing Code (IPC)
•International Energy Conservation Code (IECC)
Official Birchfield gave a PowerPoint presentation,adding that currently,the Town is
using the 1997 Uniform Building Codes.The International Codes creates one Code
for uniformity throughout the nation.Three model code groups began their work 10
years ago;they are now named the International Code Council (ICC);and the codes
are more flexible as they allow for alternate materials.The Codes have been
endorsed from national,state and federal agencies;Colorado State has now
adopted the IPC;and Larimer County has adopted all seven codes.The IRC is a
new concept and serves as a stand-alone code for single-family homes.Staff was
proactive with local designers and builders by conducting several workshops and
code copies were placed at the Library.Pursuant to various public concerns,staff
prepared associated amendments and all were presented to the Community
Development Committee.The amendments represent over 80%consistency with
Larimer County and over 10%consistency with local regulatory agencies.The
Committee recommended approval November 4th•
Board of Trustees —December 14,2004 —Page 4
Town Attorney White read Ordinance #7-04 adopting all seven International Codes
listed above and clarified that the emergency clause has been included to provide
for a January 1,2005 effective date.
Public testimony in support of the code adoption was heard from Steve Lane/Basis
Architecture and Bill Van Horn.Mr.Van Horn did,however,urge the Board not to
impose wood burning restrictions over the 7,000’elevation as included in staffs
amendment,thereby remaining consistent with the County.
Public testimony opposed to the IPC was heard from Ron Lord,representing the
Uniform Plumbing Code.Larry Pettyjohn/Estes Park Plumbers commended Bldg.
Official Birchfield for his effort in meeting with the local building trade;however,he
expressed concern with national homebuilders and their affect on the International
Code Council.
Birchfield stated that the ICC had no vested interest and their goal in preparing the I-
Codes was to protect the community.Cheri Pettyjohn added that she was aware of
only 2 local plumbers that support the IPC.
Tom Atkins/Atkins Electric spoke in favor of the state electrical inspector,requesting
the Town not proceed with plans to conduct electrical inspections in-house.Mr.
Atkins was advised that electrical inspections are a separate issue,not contained in
this ordinance,and when appropriate,it will be discussed at a Community
Development Committee meeting.
There being no further testimony,Mayor Baudek closed the public hearing.It was
moved and seconded (Jeffrey-Clark/Levine)Ordinance #7-04 be adopted,
striking Item 8 ‘wood burning emission standards’,Exhibit A,pgs.20 and 21,
Section RI 003.1.1.,(as contained on Pg.2 of Official Birchfield’s memorandum),
officially changing the name of the department from Protective Inspection to
the Building Safety,and correcting Section 103.2 Appointment,Exhibit D to
read:“The Director of Community Development shall appoint the code
officiaL”The motion passed unanimously,and the Board praised Bldg.Official
Birchfield for a job well done.
2.REAPPOINTMENT:ESTES VALLEY PLANNING COMMISSIONERS.Mayor
Baudek requested re-appointment of Richard E.Homeier and Edward Pohi to the
Estes Valley Planning Commission for 4-yr.terms,expiring 12/31/08.It was moved
and seconded (Pinkham/Levine)Commissioners Homeier and PohI be re
appointed,and it passed unanimously.
3.LIQUOR LICENSING:TRANSFER OF OWNERSHIP FROM SANG &INJA PARK
TO OCT INTERNATIONAL CORPJWOOSEONG KIM,dba MOUNTAIN DEW
LIQUOR.Town Clerk O’Connor presented the Transfer of Ownership Application for
Mountain Dew Liquor.Mayor Baudek stated the Board takes liquor licensing and
adherence to the Liquor Code very seriously,particularly enforcement against sale
to minors.Mr.Kim was in the audience and confirmed that required TIPS training
has been scheduled December 27 It was moved and seconded
(Doylen/Habecker)the Transfer of Ownership application be approved,and it
passed unanimously.
4.RECALL PETITION —RESOLUTION #22-04 SETTING SPECIAL RECALL
ELECTION.Town Clerk O’Connor confirmed that petition signature verification
(based on the Larimer County Voter Registration Records)was completed
December 2,2004,as follows:
•The Recall Petition,requesting the recall of Trustee Habecker was submitted
November 24,2004.
•The Recall Petition contained a total of 246 signatures.
Board of Trustees —December 14,2004 —Page 5
•Two hundred eighteen (218)signatures were verified.
•A Written Determination that the Recall Petition was Sufficient was issued
December 2.
Therefore,based upon the above findings,the Recall Petition was officially declared
sufficient and it was presented to the Town Board.The Board must set a date for
election (on any Tuesday)not less than 30 days nor more than 90 days from today’s
submittal date.
The Special Recall Election will include replacement candidates,and candidate
nomination petitions will be available 12/15/04.Town Attorney White read
Resolution #22-04 setting the Special Recall Election date of
Attorney White confirmed that Trustee Habecker could legally participate in
discussion and vote.
Discussion followed on the election date,and audience comments were heard from
Ken Coleman (encouraged an election date as soon as possible),and Jim Tawney
(delay until the last possible date).
Trustee Levine moved #22-04 be approved calling for a special recall election
on February 15,2005.Trustee Pinkham seconded the motion,and it passed with
Trustee Habecker voting ‘No”.
Trustee Doylen remarked that the recall action is damaging and divisive to the
community,and Trustee Habecker commented on his obligation to the 218 residents
that signed the recall petition.
4.2004 BUDGET —SUPPLEMENTAL BUDGET RESOLUTION #23-04.Town
Administrator Repola briefed the Trustees on the standard supplemental budget
resolution.Attorney White read the Resolution,and it was moved and seconded
(Habecker/Levine)Resolution #23-04 be approved,and it passed unanimously.
5.TOWN ADMINISTRATOR’S REPORT.
A.Personnel.Finance Officer Brandjord has submitted his resignation and his last
day of employment with the Town is January 7,2005.
B.Sales Tax Report.The report indicates a 10.64%increase for October.Of the
twelve categories,the general merchandize (retail)and automotive groups did
not indicate an increase.
Following completion of all agenda items,Mayor Baudek noted that the next regularly
scheduled Town Board meeting is January 11,2005,and he adjourned the meeting at
10:03 p.m.
John BaLidek,Mayor
Vickie O’Connor,Town Clerk
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