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Home My WebLink AboutMINUTES Town Board 2004-09-14Town of Estes Park,Larimer County,Colorado,September 1 4,2004 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 j4th day of September, 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: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 the Pledge of Allegiance was recited by those who desired to participate. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Habecker stated that until Congress removes the “under God”provision of the Pledge he does not intend to participate in reciting it. Mayor Baudek called attention to a November 2,2004 General Election Citizen Information sheet located in the Municipal Building lobby available to all citizens;the sheet lists information on Absentee Ballots Voting,Early Voting,and Election Day Voting. 1.CONSENT AGENDA (Approval of): 1.Town Board Minutes dated August 24,2004. 2.Bills. 3.Committee Minutes: A.Public Safety,August 26,2004: 1.Resolution #12-04 —Larimer Emergency Telephone Authority (L.E.T.A.)2005 Telephone Exchange and Wireless Access Charge, $45/mo. B.Community Development,September 2,2004: Community Development: Board of Trustees —September 14,2004 —Page 2 1.Revision to Policy Manual,Development Review Fees — Implementation of 2005 Fee Schedule. Special Events Dept.: 1.Resolution #13-04 —Surprise Sale Days,October 9 &10,2004. Senior Center: 1.Catering for All Occasions —2005 Food Contract. Museum: 1.Elimination of Museum Admission Fees. 4.Estes Park Housing Authority,August 11,2004 (acknowledgment only). 5.Audit Committee,August 31,2004 (acknowledgement only). It was moved and seconded (Doylen/Levine)the consent agenda be approved,and it passed unanimously. 2.ACTION ITEMS: 1.WOLF MANAGEMENT PRESENTATION -LARIMER COUNTY COMMISSIONER TOM BENDER.Commissioner Bender,serving as a member of the Colorado Wolf Management Working Group,reported on the possible reintroduction of wolves in RMNP.The 14-member Group has conducted five meetings to date,with biologists,outfitters,and livestock producers,and significant conflict has been present.DOW maintains authority over wolf management and although Colorado is not a reintroduction state and not requited to develop a plan,Colorado is being pro-active in anticipating wolf presence and developing a plan prior to being needed.As RMNP is not a large area,the Group anticipates serious problems. Commissioner Bender received and responded to Trustee questions concerning viable population statistics to maintain a balance between the elk and other animals and wolves,timeline for completion of the plan,and whether or not RMNP is a good place to introduce wolves,and to relocate “problem”wolves. With the plan completion expected mid-to-late December,2004,the Board encouraged the Group to schedule public meetings in Granby and Estes Park. Mayor Baudek expressed the Board’s appreciation to Commissioner Bender for his presentation. 2.ORDINANCE #4-04 —AMENDMENT TO BUSINESS LICENSING, PARTICULARLY VACATION HOME RENTALS (Short Term)RENTALS, MUNICIPAL CODE SECTION 5.20.Town Attorney White and Community Development Director Joseph presented proposed amendments to the Business License Regulations that particularly revises the term “short term rentals”to “vacation homes”,including eight specific regulations thereto,and other general amendments to Section 5.20.The Community Development Committee favorably recommended approval of the proposed Ordinance.Dir.Joseph addressed that portion of the Land Use Code and vacation homes:8-person limit,3 vehicles/property with no parking in the street,and a clear distinction between vacation in residential and commercial zones.Town Attorney White provided background information where the Town Board directed staff to clarify the existing ordinance,particularly regarding individual accommodation units and business licensing—revisions have now been made that require a business license for each individually owned accommodation unit (condominiums).The owner of a nightly rental property is conducting an accommodation business exactly the same as a commercial accommodation.Attorney White emphasized Board of Trustees —September 14,2004 —Page 3 that although clarifications have been made to the ordinance,the regulations are not in and of themselves,new. Audience comments were heard from Gerald Mayo/SRG Properties (requested further action be tabled pending proper notification to all those affected);Ed Petersen/Mountain Valley Home B&B (the Town approved his 5-bedroom 6,300 sq.ft.structure and on-street parking in 1999 and he expressed concern with the potential negative financial impact to his operation);Randy Collins/Creekside Suites and Condominiums (urged the Board table this issue pending notice to all affected);Paul Kochevar (this Ordinance is a selective tax and suggested all affected property owners be given ample opportunity to respond);Sharon Seeley/Estes Valley Resorts and Park Theatre Mall (posed questions and received responses pertaining to potential licensing and the prohibitive cost thereof,3 guest vehicle limit and “garaged vehicles”,family reunions and the 5- bedroom maximum,public notice);and Kathy Kochevar (public notice and urged the Ordinance be tabled). Trustees comments were heard concerning the 8-person maximum (staff confirmed the number is provided by state statute),the Town met public notice requirements,leveling the playing field for all accommodations,funding for advertising,covenants,grandfathering possibilities for existing vacation home operations,and maintaining the residential character of a neighborhood. Concluding all discussion,Trustee Jeffrey-Clark moved Ordinance 4-04 be referred to the Community Development Committee pending additional and mote timely public notice.The motion died for lack of a second,It was moved and seconded (Habecker/Doylen)Ordinance 4-04 be approved.Discussion followed on grandfathering current operations and the potential number of such operations.Trustee Habecker allowed the grandfather clause amendment on the condition that should vacation home operations violate other ordinances,the operation would lose their grandfather status and must conform to Ordinance 4- 04.Trustee Doylen withdrew the second pending staff confirmation of the number of bedrooms,etc.The motion dies due to a lack of a second. Whereupon,Trustee Doylen moved Ordinance 4-04 be referred back to the Community Development Committee to resolve issues raised during the meeting,urging all comments and issues be addressed and/or resolved when the item is again considered by the Committee.Trustee Jeffrey-Clark seconded the motion,and it passed by the following votes:Those voting ‘Yes”Trustees Doylen,Jeffrey-Clark,Levine,Newsom,and Pinkham.Those voting “No” Trustee Habecker.Regarding public notice,staff will place a display ad in local newspapers,radio and mailing to all currently licensed accommodations. 3.ORDINANCE #5-04 —ELECTRIC FENCING,MUNICIPAL CODE SECTION 8.04.070(a).Town Attorney White and Community Development Director Joseph also presented an amendment to the Electric Fencing regulations that would allow limited use of low-voltage wire to protect landscaping from wildlife, particularly elk damage and to deter bears from raiding dumpsters.Town Attorney White read the Ordinance.Following discussion,Town Attorney White read the Ordinance,and it was moved and seconded (Newsom/Pinkham) Ordinance #5-04 be approved,and it passed unanimously. 4.BUSINESS DEVELOPMENT DEPARTMENT —REVISION TO POLICY MANUAL,FINALIZATION OF C.V.B.STAKEHOLDER FEE SCHEDULE. Business Development Director Pickering presented a web listing fee structure that finalizes the 2005 Stakeholder Fee Schedule: Board of Trustees —September 14,2004 —Page 4 One basic web listing in appropriate business category No Charge Enhancement to basic listing $350 Includes: Photo 8 Bullet Points Top of page placement Any additional listings after one free listing (additional categories)$150 Special group categories (weddings,photographers,etc.)$50 Non-profits are included.It was moved and seconded (Habecker/Doylen)the final element of the 2005 C.V.B.Stakeholder Fee Schedule (web listing)be approved,and it passed unanimously. 5.TOWN ADMINISTRATOR’S REPORT. A.Economic Indicators.The economic report confirms a 4.4%increase for July year-to-date sales tax revenues.Statistics verify July is the prime sales tax generator month. Following completion of all agenda items,Mayor Baudek adjourned the meeting at 9:46 p.m. Baudek,Mayor Vickie O’Connor,Town Clerk