HomeMy WebLinkAboutMINUTES Town Board 2006-09-26I
Town of Estes Park, Larimer County, Colorado, September 26, 2006
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 26th day of September, 2006. Meeting called to order by
Mayor Baudek.
Present:
Also Present:
John Baudek, Mayor
Bill Pinkham, Mayor ProTem
Trustees Eric Blackhurst
Doha Eisenlauer
Richard Homeier
Chuck Levine
Wayne Newsom
Randy Repola, Town Administrator
Jackie Williamson, Town Clerk
Gregory A. White, Town Attorney
Absent:None
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Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PROCLAMATION ( u mi .
Mayor Baudek presented a Proclamation to Anne Slack & lolanthe lo Culjak,
PT/Mountain Top Physical Therapy, PC acknowledging the month of October as
Physical Therapy Month. Ms. Slack invited the community to an open house at
Mountain Top Physical Therapy on October 7th at 9:00 a.m. to 4:00 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Trustee Levine stated Autumn Gold Fest was held this past week and was a success.
He thanked Town staff for providing support. Cora Lewis, a veteran of the Iraq War,
won the grand prize of $5,000. He also reminded the community that nominations are
being accepted for the Pride Awards for Volunteer, Businessperson and Teacher of the
year.
Trustee Homeier informed the community that Larry Petersen, mainteriance worker at
Stanley Village, passed away suddenly today. He stated he would be missed.
Trustee Blackhurst reminded the public that the Public Safety Committee would meet
Thursday at 8:00 a.m. in the Town Board Room.
Mayor Baudek stated the current issue of Mountain Living contained an article titled ‘50
Things We Love about Colorado”: #2 - Estes Park, #14 - Stanley Hotel, #41 - Longs
Peak Scottish Festival.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated September 12, 2006.
2. Bills.
3. Committee Minutes:
A. Public Works, September 14, 2006:
Board of Trustees - September 26, 2006 - Page 2
1. Replace North Exterior Staircase of Town Hall - Lucas Welding
$16,500.
B. Utilities, September 21,2006:
1. “Card Shop” Christmas Display Restoration - $15,917 - Budgeted.
2. Waive Light & Power Fees for Habitat for Humanity 3-Lot project in
the Ferguson Subdivision.
3. Water Line Replacement Project, Van Horn Engineering - Design
and Construction Management $6,253 - Budgeted.
4. Memorandum of Understanding with the Bureau of Reclamation and
Estes Park Valley Recreation and Parks District for 1 acre foot of
Windy Gap Water.
5. Upgrade to a Pitney Bowes Dl 425 Insert and Folding Machine -
$4,266 - Budgeted.
4. Estes Valley Board of Adjustment, September 12, 2006 (acknowledgment
only).
5. Larimer Emergency Telephone Authority (LETA) Board Appointment - Mayor
John Baudek for 2-yr. term.
Trustee Levine recused himself from item 3.B.2. It was moved and seconded
(Newsom/Pinkham) the Consent Agenda Items 1, 2, 3.A, 3.B.1, 3.B.3, 3.B.4, 3.B.5, 4
and 5 be approved, and it passed unanimously.
It was moved and seconded (Pinkham/Eisenlauer) the Consent Agenda Item 3.B.2
be approved, and it passed with Trustee Levine abstaining.
1A. PLANNING COMMISSION AGENDA (Approval oft:
Mayor Baudek opened the Public Hearing for all the following Consent Agenda
Items:
1. CONSENT ITEMS;
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A. EASEMENT VACATION
1. Lots 1 & 2, Davis Subdivision, Harvey Griffith/Applicant.
B. AMENDED PLAT
1. Lots 18, 19, 36, & 37, Block 8, and Lot 31, Block 7, Country Club
Manor Addition; Carla Pedersen/Applicant — Applicant request to
continue to November 28, 2006.
2. Lots 5 through 10, except the westerly 90 feet of Lots 7 & 8,
Beaver Point Heights; All Mountain View Inn & Suites,
LLC/Applicant - Continue to October 24, 2006.
3. Tract 56B & Tract 56C, Replat of Tract 56, Amended Plat of Lot
2, Deer Crest Subdivision, and Tracts 56 & 57, Fall River
Addition; Real Estate Investment CET I, LLC/Applicant.
C. FINAL CONDOMINIUM MAP
1. Aspen Winds Condominiums; Lot 1 of the Replat of Lot 1 and Lot
2, Block 3 of the Replat of Lots 1 & 2, Block 3, Fall River Estates;
Rohrbaugh Properties, LLC/Applicant.
D. SUPPLEMENTAL CONDOMINIUM MAP
1. Park River West Condominiums, Supplemental Condominium
Map Phase XXI; Lot 2, Park River West Subdivision; Units 624,
626, 672, & 674; Richard H. Wille Trust/Applicant.
2. Vista Ridge Condominiums, Supplemental Condominium Map
Phase VI; Lot 3, Vista Ridge Subdivision; Units 1911,1913,1915,
1921,1923,1925,1927, & 1929; Estes Investors, LLC/Applicant.
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Board of Trustees - September 26,2006 - Page 3
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Trustee Blackhurst and Mayor ProTem Pinkham recused themselves from item
1 .D.2. As there was no public testimony, Mayor Baudek closed the public hearing,
and it was moved and seconded (Levine/Newsom) the Consent Agenda Items
1.A - 1.D.1 be approved with Planning Commission conditions, and it passed
unanimously.
It was moved and seconded (Homeier/Levine) Consent Agenda Item 1.D.2 be
approved, and it passed with Trustee Blackhurst and Mayor ProTem Pinkham
abstaining.
2. ACTION ITEM:
Ordinance #06-06, Estes Valley Development Code Block 9
Amendments — Mayor Baudek opened the public hearing for the
changes to regulations pertaining to Day Care as a home occupation,
and revisions to zoning-district use charts, operational standards, and
definitions pertaining to Family Home Day Care and Day Care Centers
and revisions to portions of the home occupation regulations. Planner
Chilcott stated the changes were recommended for approval by the
Planning Commission at their July 18, 2006 meeting and presented to
the Town Board on August 22, 2006. Revisions were reviewed.
Currently day care facilities are allowed in RM and R-2 zoning districts
with a special review. The code revision would prohibit properties in
these zoning districts if they are not adjacent to an arterial street. Staff
recommends amending the code to allow facilities in these 2 zoning
districts; however, limit day care facilities in the E, E-1, RE and RE-1
zoning districts to properties adjacent to an arterial. Planning
Commission recommended outdoor play areas be permitted with the
understanding that all play equipment shall be stored inside at the
close of each business day. A home occupation would not be allowed
a separate building for these items unless the lot is 1.5 acres or larger.
All changes were routed to the county planning staff in July along with
updates and no concerns have been expressed. Attorney White read
the ordinance.
Trustee Blackhurst stated he is concerned these code changes would
alter the comprehensive plan with regard to home businesses, and
questioned if staff has considered other home occupation
requirements. These changes would create additional traffic not
contemplated by the comprehensive plan and singles out one group.
He understands the need for day care facilities; however, the Town is
not addressing the larger issue. Staff stated significant increases in
traffic have not been seen with this use in other municipalities.
Furthermore, requiring a special review provides the neighbors a
chance to voice their concerns. Mayor ProTem Pinkham shares some
of the same concerns and requested home occupations be addressed
during the comprehensive plan review.
Nancy Almond/Dir. EVICS and Janice Newman/President EVICs urged
the Trustees to approve the changes for home day cares, especially
the ability to employ an assistant. This change alone will allow the
current licensed home day cares to accept 2 additional children. The
current codes prohibits licensed providers from meeting a critical
community need and is out of alignment with state regulations for
licensed care. An assistant would allow the provider to offer a safer
environment for children. Quality childcare encourages young families
to remain in Estes Park.
Board of Trustees - September 26, 2006 - Page 4
Rosemary Donahue/Caring Hands provides day care services for
seniors. She stated the current zoning regulations have been an
obstacle in locating a property to operate the business. Susan
Walker/Alzheimer Association provides support and education for
businesses providing day care services to the elderly. She has worked
closely with Ms. Donahue to locate a facility to no avail. One focus of
the grant is to provide day care services in rural areas that allow family
caregivers a break from the 24/7 care an elder family member
requires.
Mayor Baudek closed the public hearing. After further discussion, it
was moved and seconded (Levine/Pinkham) Ordinance #06-06 be
approved with the changes to 5.1.F.6 to read Day care centers in
the E, E-1, RE, and RE-1 residential zoning districts shall be
adjacent to an arterial street, and it passed unanimously.
Administrator Repola stated the comprehensive plan will be revised in
2007 and confirmed home-based businesses will be addressed at that
time.
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2. ACTION ITEMS:
1- PUBLIC HEARING - SPUR 66 I. II AND III ADDITIONS ANNEXATION -
RESOLUTION #21-06 & ORDINANCE #07-06 - PUBLIC HEARING. Mayor
Baudek opened the public hearing. Planner Shirk reviewed the staff report and
stated this annexation includes Rams Horn Village (Zoned “A”), Elk Meadow RV
Park (Zoned “RM”) and the road from Beaver Point. Attorney White read
Resoiution #21-06 and Ordinance #06-06. As there was no public comment.
Mayor Baudek closed the public hearing. It was moved and seconded
(Pinkham/Blackhurst) Resolution #21-06 and Ordinance #06-06 be approved,
and it passed unanimously.
2. FIRE DISTRICT PRESENTATION.
Town Administrator Repola provided a history of the relationship between the
Town of Estes Park and Estes Park Volunteer Fire Department, Inc. He stated
there is no contract; however the EPVFD bylaws state that the department is
subject to the Town Board of Trustees. The Town has 1.75 employees with the
Fire Chief becoming a full time employee in 2000; however, the Town does incur
employee related costs including workman’s compensation for the volunteers.
The Fire Department currently provides services within Town limits and to the
Omer Protection Area (OPA) defined by the Insurance Services Organization
(ISO) in 1997 as the area bounded by Town limits, adjacent fire districts and the
National Park. Operating costs have grown by 38% since 1998 and staffing and
the levei of training continues to increase. If the trend continues, the increased
costs will be borne by the Town and its residents that pay sales tax, property tax
and use taxes. Sales tax is not increasing at a rate proportional to Fire
epartment expenses. To provide the current level of service, a consistent
revenue stream must be established with those living in the OPA sharing in the
cost.
Jim Austin/Firewise Coalition of Estes Valley (FCEV) stated the Estes Valley
Rural Fire Protection District (EVRFPD) would consist of a 76 square mile area in
rural Estes Valley surrounding the Town of Estes Park; establish a special district
to levy 4.25 mills; contract with the Town to continue to provide fire and
emergency services; provide funds to acquire replacement and additional
firefighting equiprnent; build rural substations in the proposed district. FCEV has
completed a Service Plan and IGA with the Town of Estes Park, Larimer County
and Larimer County District Court. The Larimer District Court has approved 2
questions to be placed on the November 7, 2006 ballot.
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Board of Trustees - September 26,2006 - Page 5
• Issue 5A - Shall the Estes Valley Rural Fire Protection District be formed
and organized in accordance with the approved service plan.
• Issue 5B - Shall Estes Valley Rural Fire Protection District taxes be
increased by $432,558 commencing in tax year 2006 for collection in
fiscal 2007, and by whatever additional dollar amounts are raised annually
thereafter by a mill levy of not more than 4.25 mills levied upon all taxable
properties within the District...
Eligible voters are those that live within the district and/or own property in the
district including renters that registered voters of Colorado. Mr. Austin thanked
the Town staff for their support and information and asked the Trustees to join
the coalition to express gratitude to the volunteer firefighters and the fire
department. He urged the voters to vote yes on the 2 issues.
Don Widrig/2661 Eagle Rock Drive questioned the funding, the need for
additional substations, how the 4.25 mills was determined and the overwhelming
impression that the proposed district is driving a wedge between the property
owners in town versus those living in the OPA.
Administrator Repola stated these funds would allow the volunteers to spend
their time and energy on training and providing emergency services instead of
fundraising. The fire department is operating with some equipment/vehicles that
cannot be depreciated any further due to age. Additional substations would
provide lower ISO ratings for properties within 5 lane miles from the fire station
and to provide faster response time.
Jim Austin stated the Town has no legal requirement to provide service outside
Town limits. The sales tax dollars collected by the Town pay for other seivices
such as the police department that does not serve properties outsde Town
limits. The budget established by FCEV projects the financial needs of he
district, the purchase of additional equipment and up to 6 sul;stations. He invited
all interested parties to an informational meeting that would be held Monday,
October 2, 2006 in the Hondius Room of the library.
John Spooner/527 Hondius Circle spoke in opposition to the fire district. He
agreed that a wedge is being driven between the an,dm°S the nm
notion that out of town property owners do not contribute to the funding of fhe fire
department.
Attorney White read the resolution. Following discussion, it was and
seconded (Eisenlauer/Blackhurst) Resolution #22-06 In support of the Estes
Valley Rural Fire Protection District be approved, and it passed unanimously.
RESOLUTION #23-06. OPPOSING AMENDMENT 38.3’ Attorney White read the resolution. Mayor Baudek reviewed the mam issues of
concern- an election could only be held in November; signatures do not have to
be verified- the local government would be responsible for printing costs of
oetitions and campaign mailings; opponents would be limited to the number of
words printed by the petitioner; questions could notb® ansy"f
if Questions were answered or information was provided, the individual couio oesued Sou. representation by the governmenb
moved and seconded (Newsom/Levine) Resolution #23-06 opposing
Amendment 38 be approved, and it passed unanimously.
4. TOWN ADMINISTRATOR REPORT.
1 Attorney White presented a status of the Habecker lawsuit. Former
Trustee Habecker filed a complaint with the U.S. District Court in 2005
IlaSg the Town required him to say the Pledge of Aiieg.ance and
Board of Trustees - September 26,2006 - Page 6
processed a recall petition illegally. Friday, September 22, 2006, Judge
Nottingham granted a motion of summary judgment dismissing all claims
against the Town, Town employees and the 3 individuals of the recall
committee. He stated the Town did not require Trustee Habecker to recite
the Pledge nor did the Town cause injury by processing the recall petition.
The voters have the right under state statutes to recall an elected official.
All claims including federal claims were dismissed without prejudice.
Whereupon Mayor Baudek adjourned the meeting at 9:33 p.m.
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>hn Baudek, Mayor
LCkie Williamson, Town Clerk
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