HomeMy WebLinkAboutMINUTES Town Board 2006-05-23Town of Estes Park, Larimer County, Colorado, May 23, 2006
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 23`d day of May, 2006.
Meeting called to order by Mayor Baudek.
Present:
Also Present:
John Baudek, Mayor
Bill Pinkham, Mayor ProTem
Trustees Eric Blackhurst
Dorla Eisenlauer
Richard Homeier
Chuck Levine
Wayne Newsom
Randy Repola, Town Administrator
Jackie Williamson, 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
Ada McCracken, 1089 Pine Knoll Drive, voiced concerns that the utility easement
between her property and the apartments would be dug up for an extended period of
time in order to upgrade the sewer lines as required for the conversion of the Pine Knoll
Apartments. She requested a new easement be located for the upgrade. Dir. Joseph
informed the Board the sewer line to be upgraded runs under Hwy 7 and not along Ms.
McCracken's property.
TOWN BOARD COMMENTS
None.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated May 9, 2006.
2. Bills.
3. Committee Minutes:
A. Public Works, May 11, 2006:
1. Snowplow Dump Truck - $134,951 — Budgeted.
2. Bond Park Information Building - $10,000.
B. Utilities, May 18, 2006:
1. Water Tap Fee Waiver - Habitat for Humanity — 671 Halbach Lane.
4. Estes Valley Board of Adjustment, May 2, 2006 (acknowledgment only).
5. Estes Valley Planning Commission, May 16,2006 (acknowledgment only).
6. Intent to Annex Resolution #8-06 — North End Storage Addition. Public
Hearing scheduled June 27, 2006.
Board of Trustees - May 23, 2006 - Page 2
Trustee Levine recused himself from Consent Item 3.B. It was moved and seconded
(Pinkham/Levine) the Consent Items 1, 2, 3.A, 4, 5 and 6 be approved, and it passed
unanimously.
It was moved and seconded (Pinkham/Blackhurst) the Consent Item 3.B be
approved, and it passed with Trustee Levine abstaining.
1A. PLANNING COMMISSION AGENDA (Approval of):
Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the
Applicant, Public or Town Board wishes to speak to any of these consent items,
they will be moved to the "Action Item" Section.
1. CONSENT ITEMS:
A. AMENDED PLAT
1. Boundary Line Adjustment, Lots 22 & 23, White Meadow View
Place, Kirk Miller/Applicant.
2. Mary's Meadow Development, Lots 2, 4, and Outlot A, Mary's
Lake Replat of Mary's Lake Subdivision, Mary's Meadow
Development, Inc./Applicant.
B. SUPPLEMENTAL CONDOMINIUM MAP
1. Sundance Condominiums, Supplemental Condominium Map #4,
Unit 8, Tract 69B of the 1st Replat of Tract 69, Fall River Addition,
Brian Murphy, LLC/Applicant.
2. Mary's Lake Lodge II (MLL-2) Condominiums, Supplemental
Condominium Map #1, Units 32 - 37, Lots 3A and 3B, Mary's
Lake Replat of Mary's Lake Subdivision, CMS Planning &
Development and Ram's Horn Development Co./Applicants.
C. PRELIMINARY CONDOMINIUM MAP
1. Mary's Meadow Condominiums, Proposed Lot 4A, Mary's
Meadow Replat of a Portion of Mary's Lake Replat of Mary's Lake
Subdivision, Mary's Meadow Development, Inc./Applicant.
2. Wonderview Village Condominiums, Metes and Bounds, Longs
Peak Development/Applicant.
D. FINAL CONDOMINIUM MAP
1. Streamside Condominiums, Phase I, Units 5, 6, 7, 8, 11, 12, 13,
14, 15, 16, 17, 20, 21, 22, 23, 24, & 25, Lot 1, Streamside
Amended Plat, Streamside Cottages, LLC/Applicant.
2. The Pines Condominiums at Estes Park, Lot 2, Pine Knolls
Subdivision, Pines Condominiums Development, Inc./Applicant.
Mayor Baudek requested the Planning staff explain the difference between a
preliminary and final condominium map. Dir. Joseph explained the approval of a
preliminary map gives the developer the right to move forward with the development of
the project. Prior to final condominium map approval, all issues and concerns should
be addressed. Staff reviews condominium maps for both new construction and
conversions to ascertain whether adequate public facility standards have been met.
Additionally, in the State of Colorado a final map may not be submitted for review until
the unit is constructed and the air space can be identified; therefore, developers bring
units forward with supplemental condominium maps as they complete construction and
sell units.
Trustee Blackhurst and Mayor ProTem Pinkham recused themselves from item 1.D.2.
It was moved and seconded (Newsom/Levine) Planning Commission Consent
Board of Trustees — May 23, 2006 — Page 3
Items 1.A.1, 1.A.2, 1.B.1, 1.B.2, 1.C.1, 1.C.2, and 1.D.1 be approved with Planning
Commission conditions, and it passed unanimously.
It was moved and seconded (Levine/Homeier) Planning Commission Consent Item
1.D.2 be approved with Planning Commission conditions, and it passed with
Trustee Blackhurst and Mayor ProTem Pinkham abstaining.
2. ACTION ITEM:
A. Special Review 06-02, Horse -Drawn Carriage Concession, Downtown
Estes Park, Tender Grass Carriage/Applicant. Planner Shirk reviewed
the staff report. He stated the applicant is requesting approval of a
horse-drawn carriage service within the Town of Estes Park for
weddings, special events and a fixed route with operation hours from
noon to 9:00 p.m. daily. The proposed route is one that has been
approved by the Town for prior carriage service. A letter was
submitted by the Northend Property Owners Association stating the
applicant's intent to store his equipment in a residential zoning district
would be a direct zoning violation. The applicant has relocated his
equipment to a commercial location.
Trustee comments and questions were heard and summarized as
follows: concerns were raised regarding a possible conflict between
location and time intervals with the shuttle and the carriage route;
whether there have been concerns with traffic congestion
historically; the carriage service is an added attraction to the Town.
Don Gardner, applicant, stated he ran a carriage service in Estes
Park from 1997 — 2000 and never experienced issues with traffic. It
was moved and seconded (Newsom/Eisenlauer) Special Review 06-
02 be approved with Planning Commission conditions, and it
passed unanimously.
3. REPORT:
A. Presentation of Estes Valley Development Code Block 8 Amendments
— First Reading: Changes to §4.4.D Additional Zoning District
Standards and §13.3 Definitions to allow outdoor ATMs/Computer
Kiosks in the CD —Commercial Downtown zoning district. (Town Board
Public Hearing will be held June 27, 2006). Planner Shirk reviewed
the code changes that would allow ATM machines and computer
kiosks as an allowed outdoor activity in the downtown area. After
reviewing other tourist towns, it was determined that many allow kiosk
machines in the downtown area. These devices would be required to
meet all other Development/Municipal code standards such as setback
requirements and signage, i.e. no off -premise signage. Trustee
comments and questions were summarized: discussed what types of
signage would be allowed; type of information available at the kiosks;
the number and locations; would a permit be required prior to
placement of a machine in the downtown area; will the information be
uniform; who will determine the content. Mayor Baudek requested
staff consider limiting the number of locations in the downtown area.
2. ACTION ITEMS:
1. BUILDING INSPECTION / PLAN REVIEW CONSULTING — REQUEST
APPROVAL. Dir. Joseph explained outsourcing critical building department
functions is required due to a prolonged illness in the department as well as a
heavy workload. Several proposals were received and evaluated. Staff is
recommending Code Consultants Inc. (CCI) with fees based on inspections
Board of Trustees — May 23, 2006 — Page 4
performed (productivity), as opposed to a flat hourly rate. All inspections will be
performed by fully qualified, certified inspectors with substantial experience in the
field. The estimated weekly cost for services is $3,000 to $5,000.
Will Birchfield, Chief Building Official, clarified each jurisdiction counts the
number of inspections differently — by address, by code or by the number of
stops in a day. A typical day in Estes Park is 15 stops with up to 25 — 30
inspections. He confirmed the consultant would count stops by address.
Trustee Blackhurst questioned the expected timeframe the department would
have a personnel shortage. Dir. Joseph stated the timeframe is unknown due to
the ongoing illness of the building official; however, the department would like to
retain the services of the consultant if unforeseen circumstances arise in the
future. He also explained the consultant expenses would be funded through the
professional service line item within the building department budget.
Administrator Repola stated if the consulting service is needed for an extended
period of time, additional expense reductions have already been identified.
Trustee comments and questions were summarized: Trustees appreciate staff
recognizing the issue and addressing the staff shortage in a timely matter; has
staff worked with the consulting firm in the past; have references been provided;
number of employees the consultant will provide; staff should address the need
for the upcoming budget cycle.
Frank Theis, CMS Planning & Development, stated he appreciates the efforts of
the building department staff during the past couple of months. He requests the
Board approve the consulting services to prevent delays.
Chief Building Official Birchfield informed the Board the Insurance Services
Office (ISO) performed an audit of the department to rate the effectiveness of the
department. The building department previously received a 5 from a scale of 1-
10, with 1 the best rating. This year the department received a 3. Insurance
premiums for new construction are set based on the ISO ratings.
It was moved and seconded (Pinkham/Homeier) to contract with Code
Consultants Inc. to provide consultant services for the Building
Department as outlined above, and it passed unanimously.
2. RESOLUTION #7-06 - APPROVING THE ASSIGNMENT OF THE CABLE
TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS TO
ORANGE BROADBAND. Town Administrator Repola stated Charter
Communications has notified the Town that it intends to sell its local cable
operation to Orange Broadband. The Town must approve transfer of the current
franchise agreement issued by the Town. The existing agreement expires in
2008. The Town has first right of refusal on the sale; however, based upon
proprietary information shared with the Town by Charter and recent legislation,
staff recommends against exercising that right. The issues involved include the
cost to purchase the local operation as well as Colorado law requiring voter
approval for a municipality to operate a retail cable operation. Orange
Broadband has requested the term of the current franchise agreement be
extended 48 months from the current expiration date of July 27, 2008. Staff has
requested Orange Broadband provide coverage of Town Board and Planning
Commission meeting.
Trustee Levine stated his disappointment with the lack of representation by
Orange Broadband. His concems stem from the consumer viewpoint that a
broadband company would be operating a cable company. He questioned the
level of service and pricing structure of the new company.
Board of Trustnnn—May 23, 2000—Page 5
Mayor ProTem Pinkham questioned whether ornot 5hours of government
programming a month was adequate to cover the Town meetings.
bwas moved and seconded (Lovne/Pnkhan) Resolution #7-DGbmapproved,
and it passed unanimously.
3. RESOLUTION #8-06—APPROVING TRANSFER OF CBT WATER. Town
Attorney VVhda reviewed the Water Lease Agreement between the Town of
Estes Park and the Continental Water Bank (OVVB)executed onSeptember 27.
2005. The Agreement provided that prior to release of Windy Gap Water
pursuant to the terms and conditions of the Lnano. CVV8 would transfer to the
Town enough Colorado Big Thompson Water to replace out of priority diversions
by users affiliated with CVVB. CVVB has arranged through m third party the
transfer of six units of Colorado Big Thompson VVa&sr to the Town. It was
moved and seconded (Nevwson/Eiaen|auer)Resolution #9-O6 be approved,
and itpassed unanimously.
4. APPOINTMENT: ESTESPARK URBAN RENEWAL AUTHORITY. Jim Cope tu
replace /UWasson and complete a5-yr term, expiring OA/ 4/00. Itwas moved
and seconded (Pinkhen/Navwaum)bmapprove the EPQRAappointment, and it
passed unanimously. Cope ioaCIA graduate. Mayor thanked Mr. Cope for his
desire to amnxe.
5. SALES TAX REPORT. Dir. McFarland reviewed the 1stquarter sales tax data.
Hestated this year isthe 2 nd best first quarter with $8Q4.00O. Sales tax ky4.896
ahead of 2005 YTO. Mayor ProTem Pinkham stated he is concerned the
general merchandise category will continue to suffer as discretionary income
decreases.
8. TOWN ADMINISTRATOR REPORT.
Whereupon Mayor Baudekadjourned the meeting at8:35p.m. _
nBaudok Mayor
kie Williamson, Town Clerk