HomeMy WebLinkAboutMINUTES Town Board 2005-10-25Town of Estes Park, Larimer County, Colorado, October 25, 2005
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held at Town Hall said Town of
Estes Park on the 25th day of October, 2005. Meeting called to order by
Mayor John Baudek.
Present:
Also Present:
John Baudek, Mayor
Susan L. Doylen, Mayor ProTem
Trustees Richard Homeier
Lori Jeffrey -Clark
Chuck Levine
Wayne Newsom
Randy Repola, Town Administrator
Jackie Williamson, Town Clerk
Gregory A. White, Town Attorney
Absent: Trustee Bill Pinkham
Mayor John Baudek called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
Police/Communication Presentation on Are you ok? (RUOK?): Chief Richardson
and Support Services Manager Bartram reported the Police Department has purchased
the RUOK? program to aid the senior population and citizens who would like daily
checks. The program uses a computerized calling system to check on those that have
registered at a time of day set by the registrant. These calls will be made the same
time each day, and if the proper response were not received a police officer would be
sent to check on the registrant. This system would also allow the Police Department to
provide messaging to local businesses on potential crimes, i.e. bad checks, credit card
fraud, etc. The Police Department is currently in discussions with Larimer County
Sheriffs Dept. to provide this service for those individuals outside of town limits. There
is a question of liability that needs to be resolved.
PUBLIC COMMENT.
None.
TOWN BOARD COMMENTS.
Mayor ProTem Doylen reviewed the establishment of occupation/business licenses in
the Town. She stated the money generated from these licenses is used to promote the
community. The license fees protect the local business community by precluding
businesses from setting up temporary businesses during the tourist season.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated October 11, 2005, Town Board Budget Study
Session Minutes dated October 7, 2005 and October 14, 2005.
2. Bills.
3. Committee Minutes:
A. Utilities, October 20, 2005:
1. Purchase one -ton flatbed/utility truck $44,417, Budgeted.
4. Estes Valley Planning Commission Minutes dated October 18, 2005
(acknowledgment only).
Board of Trustees — October 25, 2005 — Page 2
It was moved and seconded (Doylen/Levine) the Consent Agenda be
approved, and it passed unanimously.
1A. PLANNING COMMISSION AGENDA (Approval of):
Mayor Baudek opened the Public Hearing for all the following Consent Agenda
Items:
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP:
1. Supplemental Condominium Map #2, EPCO Condominiums,
Units 15 & 16, Lot 1 EPCO Condominiums, EPCO,
Inc./Applicant.
B. REZONING:
1. Rezoning from RM — Multi -Family Residential to E — Estate
zoning, Robin Meadow Subdivision, Lots 2 & 3, Resubdivision
of Lot 1, Seifert Addition, Fred Wojcik/Applicant.
C. VESTING PERIOD EXTENSION:
1. Shepherd of the Mountain Lutheran Church Special Review 02-
03, Lot 2 Good Samaritan Subdivision, Shepherd of the
Mountain Lutheran Church/Applicant.
There being no public testimony, Mayor Baudek closed the public hearing, and it
was moved and seconded (Doylen/Levine) the Planning Commission Consent
Agenda be approved, and it passed unanimously. Don Mangler questioned the
vesting period extension for the Shepherd of the Mountain Lutheran Church.
Planner Shirk stated the extension of the vesting period would be for 2 year and
expire on October 25, 2007.
2. ACTION ITEMS:
1. LIQUOR LICENSING — TRANSFER OF OWNERSHIP FROM SEABEARL
INC., dba FIRESIDE GRILL TO SCHUCK-EMS OYSTER HOUSE LLC
dba SCHUCK-EM OYSTER HOUSE, HOTEL AND RESTAURANT
LIQUOR LICENSE, 361 S. ST. VRAIN AVE. Town Clerk Williamson
presented the application, confirming that required T.I.P.S. Training has
not yet been confirmed by the Applicant. Donna King/Applicant was
present. Trustee Levine noted that the Board takes liquor licensing very
seriously, T.I.P.S. training is important, and utmost care must be given to
ensure underage patrons are not served. Ms. King stated all patrons are
carded prior to serving alcohol. It was moved and seconded
(Newsom/Doylen) the Transfer of Ownership Application filed by
Shuck -ems Oyster House LLC, be approved, and it passed
unanimously.
2. ESTES PARK CHAMBER OF COMMERCE LAWSUIT. Attorney White
reviewed the case filed by the Estes Park Chamber of Commerce in 2004
regarding the validity of the formation of the Estes Park Convention and
Visitors Bureau (EPCVB) by the Town. On October 3, 2005 Larimer
County District Court Judge Dave Williams issued his ruling stating the
Town had the statutory authority to establish the EPCVB and the Town
acted appropriately in establishing the EPCVB. In a separate ruling the
Judge found that the Town did not have the right to request or impose a
2% fee based on revenues for businesses located outside town limits to
become members of the EPCVB. The Town has until October 31, 2005
Board of Trustees — October 25, 2005 — Page 3
to file an appeal of this ruling. Attorney White stated there is legal
doctrine in Colorado establishing the right of the collecting authority to
keep collected funds even if the act is found unconstitutional. He
suggested the Town return the fees collected and not file an appeal to the
ruling. Discussion followed, and it was moved and seconded
(Doylen/Levine) the ruling by District Court Judge Dave Williams by
accepted and the fees collected from out of town businesses
returned, and it passed unanimously. Administrator Repola stated the
businesses have been identified and refunds will be sent this week.
3. TOWN ADMINISTRATOR REPORT
1. Street Sign Replacement Project: Replacement of signs along
main intersections and arterials has begun. This project should be
completed by the end of November. Trustee Jeffrey -Clark
questioned if the old signs could be used as a fundraisers.
2. Budget Study Session: The fourth and final session would take
place this Friday, October 25th. Community Service Grants would
be the first item on the agenda.
Whereupon Mayor Baudek adjourned the meeting at 7:35 p.m.
hn Baudek, Mayor
Ja ie Williamson, Town Clerk