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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