HomeMy WebLinkAboutMINUTES Town Board 2005-05-24Town of Estes Park, Larimer County, Colorado, May 24, 2005
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 24' day of May, 2005.
Meeting called to order by Mayor John Baudek.
Present:
Also Present:
John Baudek, Mayor
Trustees David Habecker
Lori Jeffrey -Clark
Chuck Levine
Wayne Newsom
Bill Pinkham
Randy Repola, Town Administrator
Vickie O'Connor, Town Clerk
Gregory A. White, Town Attorney
Absent: Susan L. Doylen, Mayor ProTem
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.
On behalf of the Board of Directors/Estes Valley Memorial Gardens, Pat Newsom, 450
Wonderview announced Memorial Day celebrations at the cemetery beginning at 11
a.m. where Captain Endacott/US Navy Retired is the featured speaker, and the
residents are encouraged to attend.
A -Accommodations District -Limit Condominiums as Principal Residences .
John Tucker/Sunnyside Knoll, 1675 Fall River Rd., expressed his appreciation to
the Town Board for tabling the accommodations issue as proposed and
contained in the EVDC Block 7 Amendments.
Lois Smith, 410 Big Horn Dr., read from a prepared statement giving her opinion
as to the gravity of the proposal to A -Accommodation property owners, and she
presented an informal petition —"a declaration of concern" signed by 39 property
owners. Affected property owners are requesting this proposal be tabled at least
until the issues surrounding Home Rule are fully addressed and the implications
of long-term economic development are carefully examined.
Mayor Baudek confirmed there were no other audience or Town Board
questions/comments concerning this issue.
Paul Fishman/14ers Cafe expressed concern with parking and traffic problems,
suggesting a large parking garage be constructed, possibly in the Municipal Parking
Lot between Town Hall and the bank building. Town Administrator Repola gave a
progress report on the Board's Goal Team 5 Transportation and Parking Improvements
and confirmed staff does monitor visitor and sales tax trends. Mayor Baudek
commented on the lack of funding, and that special districts have been created in
municipalities to pay for such improvements.
David Habecker stated the Board is aware of his opinion on bringing god into public
meetings and read from a prepared statement that included his opposition to the recent
Board ofTrustees — May 24, 2OO5—Page 2
tax-exempt status bythe State suggesting the Town take this issue seriously, and he
questioned the status ofthe Chamber ofCommerce lawsuit.
TOWN BOARD COMMENTS
Mayor Baudek announced that the "Hands Across the Divide" Event is scheduled on
th
Friday at 10:30 a.m., May 27
1. CONSENT AGENDA (Approval uf):
1 Town Board Minutes dated May 1O.2DD5.
2. Bills.
3. Committee Minutes:
A. Utilities, May 1Q.2OO5:
1.Boom Crane Truck purchase $1O7.727(BudgeUad)
4. Resolution #11O5—Sponsor Estes Park Housing Authority membership in
5. Resolution #12-O5—Intent hzAnnex BoyanAddition. Set public hearing date
ofJune 28.2OO5.
O. Estes Valley Board ofAdjustment, May 3.2OO5(acknowledgement on|y).
7. Estes Valley Planning Commission, May 17.20U5(acknowledgement on|N.
Trustee Pinkham reported a potential conflict of interest with Item #4 and requested it
be removed from the Consent Agenda. Thuo, it was moved and seconded
(Newsom/Levine) Consent Items 1 through 3 and komn Sthrough 7beapproved,
and itpassed unanimously.
It was moved and seconded (Levine/Newsom) |0om #4 be opproved, and it passed,
with Trustee PinkhomAbetaining.
1A. PLANNING COMMISSION AGENDA (Approval of):
Mayor Beudek opened the Public Hearing for all the following Consent Agenda
1. CONSENTITEMS:
1 PRELIMINARY CONDOMINIUM MAP
A. Preliminary Condominium W1op Time Extension: Fall River
ViUage, Lot8. Fall River Village Final PUD, The Lane U| Group,
Inc./Applicant
2. SUPPLEMENTAL CONDOMINIUM MAP:
A. 8upp|omerke| Condominium [Nap #1. EPCO Condominiums,
Units 21 & 22. Lot 1, EPCO Subdk/ieion, Dennis K.
Brown/Applicant
Anthere was no pubic testimony, Mayor Baudek closed the public hearing,
and itwas moved and seconded (Nevwsom/Pinkham)Consent Items 1.1��
and 1'2.A.beapproved, and itpassed unanimously.
Board of Trustees — May 24, 2005 — Page 3
2. ACTION ITEMS:
Presentation of Remaining Portion of Block 7 Amendments, Estes
Valley Development Code. Mayor Baudek opened the Public Hearing, and
advised that amendment copies are available for the audience. Public
Hearing procedure is as follows:
A. Mayor — Open Public Hearing
B. Staff Report
C. Public Testimony
D. Mayor — Close Public Hearing
E. Motion to Approve/Deny.
Community Development Dir. Joseph reported that the Amendments
were presented in full detail at the April 26th Town Board meeting.
The amendments have been divided into the following three groups
for purposes of public discussion and adoption and text has been
posted on the Town's website as well:
• Clarifications. Contains 13 housekeeping items
o Front setbacks on corner lots and double -frontage lots
o Street lot -line setbacks and setbacks for double -frontage
lots
o Minimum lot width requirements
o Minor modifications
o Development plan review
o Sidewalks/trails
o Accessible parking
o Wetlands and stream protection
o Exterior lighting
o Single-family residential exemptions
o Appendix B, attachment B
o Appendix B, attachment A
Trustee Homeier noted that the amendments represent significant
work by the Planning Commission. As there were no audience
comments, it was moved and seconded (Homeier/Levine) the
entire Clarification Group be approved, and it passed
unanimously.
• Minor Revisions. Contains 8 items (intermediate category):
o Adequate public facilities: electricity
o Revisions to submittal requirements
o Building separation
o Outdoor seating (Page 5-4)
o Refuse disposal
o Parking spaces for employee housing
o Minor subdivision review
o Kennel definitions
Discussion concerning: (1) the Revisions to submittal
requirements item, with staff confirming that staff would use this
revision sparingly with applicant approval; and (2) electricity and
solar energy — potential Town grid requirements. Director Joseph
confirmed any off -grid property would entail a request for waiver.
There were no audience comments, thus it was moved and
seconded (Pinkham/Newsom) the entire Minor Revision Group
be approved, and it passed unanimously.
Board of Trustees — May 24, 2005 — Page 4
• Significant Revisions. Contains 6 items:
o Density bonus for attainable housing
o Separate lot determinations
o Geologic and wildfire hazards
o Landscaping
o Appendix D (road and street standards)
o FAR Exemption
Discussion followed on how the market rate is determined and the
formula revision regarding attainable housing.
Regarding the Floor Area Ratio Exemption (FAR), staff provided
the formula and illustration. Audience comments were heard from:
David Habecker (the proposed language is insufficient, garages
are not addressed, the Code should deal strictly with volume, and
incentives are not clearly defined). Director Joseph stated that if
the standard does not skew developer choices, the revision should
be approved as it improves existing language and it is more easily
understood. In closing, Dir. Joseph confirmed that the Planning
Commission has recommended adoption of all parts of the
proposed Block 7 Amendments. Concluding all discussion, it was
moved and seconded (Pinkham/Homeier) the entire Group 3
Significant Revisions be approved, and it passed unanimously.
In response to concerns raised over the proposed A -
Accommodations zoning changes, this item has been tabled from
consideration during this Town Board meeting pending a separate
public meeting on June 7th at 7:00 p.m. in the Town Board Room.
This item will be returned to the Town Board following the June 7th
meeting. Town Administrator Repola noted the importance of
protecting the erosion of the accommodations district; however,
staff may need a different approach to the argument for determines
the amount of time the units may be occupied. Lois Smith
questioned and received clarification that the public meeting on
June 7th is not an official Town Board meeting, thus it is not a
decision -making meeting. T
2. ACTION ITEMS:
1. SALES TAX REPORT: 1sT QUARTER 2005. Finance Officer McFarland gave
a PowerPoint presentation on sales tax trends: correlation between the 1st
Quarter and Annual Sales Tax Data; moving -average and change -in -moving
average trends; and standard deviation of sales tax revenues. 2/3's of the
Town's income to the General Fund is attributed to sales tax revenues. 72%
of sales tax revenues are provided by the restaurant, lodging and retail
industries. Staff will provide copies of the presentation to the Town Board.
2. PUBLIC WORKS DEPARTMENT APPROVAL REQUEST — FRONT END
LOADER "ROLLOVER" PAYMENT WITH FORK LIFT ATTACHMENT
PURCHASE — BUDGETED. Fleet Mgr. Mahany reported that the Public
Works Dept. budgeted for a July 2005 Rollover payment for a front-end loader
and a forklift attachment. In 2001, the Dept. purchased the front-end loader
for $90,205 and the purchase price included an option to receive a new loader
every two years plus $2,000 and the difference in "sticker price." The vendor
has advised that the new loader price will increase by approximately $6,000
the end of May. Thus, this item was not presented to the Public Works
Board of Trustees — May 24, 2005 — Page 5
Committee in June and staff is submitting this request directly to the Town
Board. Staff is suggesting continuation of the two-year rollover exchange
agreement at a cost of $12,053 for the new loader, and the forklift -type forks at
a cost of $3,148 for a total expenditure of $15,201. It was moved and
seconded (Newsom/Levine) staffs request be approved as presented,
with funding being provided from the Street Dept. Budget, and it passed
unanimously.
3. TOWN ADMINISTRATOR'S REPORT.
A. YMCA Valuations. Larimer County has notified the Town that the YMCA
exemption is now closed and a 30-day appeal process is now underway.
The impact to special district over the last three years is $300,000.
Although the exemption will not directly affect the Town, the exemption
does place a burden on the special districts and businesses. Town
Attorney White provided background information and appeal process
procedure, and confirmed that the Town is legally allowed to advise the
County of their position. Discussion followed, and it was moved and
seconded (Levine/Pinkham) the Mayor be authorized to write a letter
to the Larimer County Commissioners urging the County to file a
petition with the Board Assessment of Appeals protesting said
exemption of the YMCA, and it passed unanimously.
B. Spring runoff. Town Administrator Repola reported that via the SCADA
system, staff continually monitors the spring runoff trends and that the
Fire Dept.'s Dive Team is advising caution on all waterways. The Board
urged the media to promote this concern.
Following completion of all agenda items, Mayor Baudek adjourned the meeting at 8:48
p. m.
n Baudek, Mayor
Vickie O'Connor, Town Clerk