HomeMy WebLinkAboutMINUTES Town Board 2007-11-27Town of Estes Park, Larimer County, Colorado, November 27, 2007
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 27th day of November, 2007. 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
Greg White, Town Attorney
Randy Repola, Town Administrator
Jacquie Halburnt, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Baudek called the meeting to order at 7:00 p.m. and invited any person desiring
to participate to stand and recite the Pledge of Allegiance.
Mayor Baudek announced the initiated ordinance regarding the land owned by the
Town of Estes Park within the Stanley Historic District will be held on December 11,
2007.
PUBLIC COMMENT.
Ralph Nicholas/1660 North Ridge Lane a petitioner of the initiated ordinance stated
any government body needs to be responsive to an initiated ordinance and the citizens
have a right to be heard. He commented on the inclusion of funds from the sale of Lot
4, Stanley Historic District in the proposed 2008 budget and its inappropriateness. He
requested the Board act on the initiated ordinance immediately.
Byron Hall/161 Stanley Drive a petitioner of the initiated ordinance stated the Board is
responsible to the citizens of Estes Park of which 766 signed the recent petition.
George Hockman/1625 Prospect Estates Drive spoke to the over use of Executive
Sessions by the Town Board. He stated all citizens should have access to the ideas
that are being considered prior to the Board making a decision. He considers there
use to be inappropriate even if they are not illegal.
Dave Caddell/1670 Windman Drive stated that property owners should be allowed to
develop their land if the development meets the code. Private property rights should be
protected. He stated there has to be a balance between property rights and open
space.
Eric Waples/1519 Raven Circle commented the citizens should have the right to vote
on the sale of Lot 4, Stanley Historic District. He stated the Stanley Historic District
Master Plan limits the lot to 30,000 square feet of commercial development and he
urged the Town not to approve any development that would exceed the limit.
Bob Dekker/1760 Dekker Circle provided history on the purchase of Lot 4, SHD by the
Town. He would urge the Board to reserve the property for future use by the Town for
possibly a future Town Hall, Police Station or Post Office.
Board of Trustees — November 27, 2007 — Page 2
John Tucker/664 Castle Mountain Road commented on the Planning Commission's
recent denial of a development plan for Wapiti Crossing. He requested staff draft code
changes to reflect the community's concern for overgrowth and condominiumization for
the upcoming January joint meeting of the Town Board, County Commissioners and
Planning Commission.
Cory La Bianca/1965 Cherokee Drive stated the town does not have a balance
between property rights and open space. She commented on the Comprehensive Plan
that recommended establish an open space and preservation fund and management
plan, and questioned whether or not such a fund has been created.
William Return/ 650 Freeland Court requested the Board explain how they respect the
fact that Lot 4 is apart of the Historic District.
Paul Kuna/1050 S. St. Vrain stated the Town should preserve the land for future use.
John Nicholas/1660 North Ridge Lane commented the Estes Valley Development Code
does not allow a banquet hall to be built on Lot 4, Stanley Historic District and if the
Town continues to engage in a contract with the current developer it will be costly to
the taxpayers. He stated the current lawsuits would likely be resolved if the sale of Lot
4, SHD is submitted to a vote by the citizens.
TOWN BOARD COMMENTS.
Trustee Levine commented that several members of the Board attended the NLC
conference in New Orleans. He stated the city is coming back slowly; however, the
people of New Orleans were welcoming and appreciative of those visiting. Mayor
Baudek responded that the devastation is overwhelming and it is difficult for the city to
come back after losing 90% of the revenue.
Trustee Blackhurst thanked all those in attendance for participating in their government
and providing feedback. He stated without it the Board bases its decisions on the
Board's best judgment based on the oath of office. He encouraged those in attendance
to attend future meetings.
Trustee Homeier reported on the recent Planning Commission meeting in which a large
number of citizens attended. He stated the citizenry continued to express their
discontent and disconnection with the current administration in relation to development
in the community. Many citizens are concerned with development in the valley to
maintain open space, limit development and assertions that the town has enough
commercial development. He stated the citizens were notified of a joint meeting
between the County Commissioners, Town Board and Planning Commission to discuss
development issues in late January. He stated the entire planning area should be
included with Town limits to unify the community. He discussed the initiated ordinance
for the sale of Lot 4, SHD and the possible contract for the sale of Lot 4, SHD.
Mayor ProTem Pinkham stated the petition is important to the community; however, the
votes need to be certified. The initiated ordinance will be addressed at the next
meeting.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated October 23, 2007. Budget Study Session
Minutes dated October 19, 2007, October 26, 2007 and November 2, 2007.
2. Bills.
3. Committee Minutes:
Board of Trustees — November 27, 2007 — Page 3
A. Community Development, November 1, 2007:
1. Development & Building Fee Waiver Policy —Policy Manual Update.
2. Town Clerk Policy Manual Update.
B. Public Works, November 8, 2007:
1. 2008 Flowers for Downtown Planting Beds- $27,986 — Budgeted.
4. Estes Valley Planning Commission, October 16, 2007 (acknowledgement
only).
5. Estes Valley Board of Adjustment, November 6, 2007 (acknowledgement
only).
6. Low -Income Energy Assistance Program (LEAP) Metered Fuel Vendor
Agreement.
It was moved and seconded (Pinkham/Levine) the Consent Agenda be approved,
and it passed unanimously.
1A. PLANNING COMMISSION AGENDA (Approval of):
Mayor Baudek opened the Public Hearing for the following Consent Agenda Items:
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP
1. Solitude I11 Condominiums, Supplemental Condominium Map
#4, Lot 3, Solitude Subdivision, Crystal Creek Development,
Inc./Applicant.
As there were no comments, Mayor Baudek closed the public hearing and it was
moved and seconded (Levine/Newsom) the Consent Agenda be approved
with staff conditions of approval, and it passed unanimously.
2. ACTION ITEMS:
Mayor Baudek opened the Public Hearing for the following item:
A. STONE BRIDGE SUBDIVISION APPEAL & RELATED LAND USE
ITEMS:
1. APPEAL OF THE PLANNING COMMISSION APPROVAL OF
DEVELOPMENT PLAN 07-09, Stone Bridge Condominiums,
Proposed Lots 2 & 3, Stone Bridge Estates Subdivision. Director
Joseph reviewed the staff report. The Fish Creek Water
Association asserts the Planning Commission should have
continued the item rather than act based on the lack of approval
from FEMA prior to the Planning Commission meeting; the
County Commissioners' grant of a waiver for the Fish Creek
Road Right -Of -Way (ROW) requirement has been appealed; the
setback requirements off of Fish Creek Road are disputed.
Revised flood plain maps have been submitted to address
inaccuracies in the existing maps for the subject property. The
Planning Commission approved the Development Plan
conditional to FEMA's approval of the proposed map revisions;
no construction permits would be issued for this Development
Board of Trustees — November 27, 2007 — Page 4
Plan until the acceptance by FEMA. The legal action appealing
the County Commissioner's ROW waiver does not rest with the
Town of Estes Park rather the Larimer County District Court. The
Estes Valley Development Code requirement for setback is a
function of the ROW width in this case and therefore is not
disputed except as it relates to the legal dispute regarding the
ROW waiver.
Discussion followed on the timeframe for the FEMA and District
Court decisions and the fact that almost all development plans
are approved conditionally requiring the developer to complete
the conditions prior to full build out of a project.
Randy Willard/attorney representing the Fish Creek Water
Association reviewed the appeal issues. He stated the FEMA
approval may not be resolved until October 2008 and there is no
certainty when the ROW issue will be addressed by the court.
The setback requirements of 15 feet in the Estes Valley
Development Code versus 50 feet in the Larimer County Road
Standards from the ROW and 150 feet versus 600 feet for
driveway separation can be resolved by the District Court as to
which code applies. He stated the staff report was not balanced
and favored the development by excluding information regarding
the ROW case and a realistic timeframe for the FEMA approval.
Trustees questioned how the water association would be affected
by the proposed development. The Planning Commission was
made aware of the District Court case prior to their decision on
the development. The developer is taking a risk and ultimately
paying the price if this development does not move forward.
Mr. Willard stated the pipeline is not affected by the development
or the FEMA approval; however, the development will affect the
property values on the adjacent properties.
Director Joseph state the EVDC clearly addresses the setback
standards in this case and the Larimer County Road and
Standards are to be used to fill gaps in the code not supercede
the code.
Bill Van Horn/ property owner stated the FEMA approval is for a
correction of the maps and is not a discretionary act by FEMA.
He affirmed Director Joseph's statement that the code clearly
addresses the setbacks for the property. He views the appeal as
a delay tactic by the Association.
Frank Theis/President of CMS Planning representing Castle
Rock Development reported discussions on this development
started with the Planning staff in May 2006 with the preliminary
plat submitted for review in November 2006. The developer has
been proactive in contacting the affected property owners and
has offered to connect them to the new 8 inch water main at no
expense. He stated a letter from the Association was sent to all
members stating this could be used to delay the project. The
developer has placed 25% less development on the property
than is allowed by the code to address neighbor concerns
regarding the wildlife.
Board of Trustees — November 27, 2007 — Page 5
Those that spoke in opposition were Bob Trump/820 Fish Creek
Road, Chuck Bonza/1551 Fish Creek, and Cory La Bianca/1965
Cherokee Drive. Comments heard included the inaccuracy of the
FEMA submittal; the fill placed on the property is unattractive and
blows around in the wind; a wildlife impact study was not
conducted; and the Town is approving a project in the flood plain.
Director Joseph replied that two permits have been issued for fill
on the property in an area in which unregulated fill has been
placed for years. The Board requested staff address the fill on
the property with the developer/property owner.
Trustee Levine recused himself as he is an adjacent property
owner. There being no further testimony, Mayor Baudek closed
the Public Hearing, and it was moved and seconded
(Blackhurst/Newsom) to uphold the Planning Commissions
approval of Development Plan 07-09 Stone Bridge Estates
with staff conditions, and it passed with Trustee Levine
abstaining.
2. PRELIMINARY SUBDIVISION PLAT - Stone Bridge Estates
Subdivision, Metes and Bounds property located at 1043 Fish
Creek Road, Rock Castle Development Co./Applicant.
3. REZONING — ORDINANCE # 22-07 - Lot 1, Stone Bridge Estates
Subdivision, from RM—Multi-Family Residential to 0—Office, Rock
Castle Development Co./Applicant.
Mayor Baudek opened the public hearing. Director Joseph
reviewed the staff report for items 2 and 3. This is a request to
subdivide a 4.9-acre parcel into three separate lots. The
northernmost lot, Lot 1, would be .551 acres and contain the
existing Van Horn Engineering office building, with the use to
continue. This lot would be rezoned from "RM" Multi -family to "0"
Office. Lot 2 would be 1.594 acres and Lot 3 would be 2.741
acres with both lots zoned "RM" Multi -family. The minimum lot
areas would be met contingent with the rezoning of Lot 1.
Planning Commission has reviewed the proposal and
recommended approval of the preliminary plat and rezoning. The
rezoning would be subject to the recording of the final plat, which
would not be presented to the Town Board until FEMA has issued
their final approval.
Mayor ProTem Pinkham requested staff review the intent of
replacing the wetlands. Director Joseph stated the current
wetland was created by an artificially drainage and the wetland
mitigation would enhance the wetlands and riparian corridor.
Attorney White read the Ordinance for the rezoning of Lot 1,
Stone Bridge Estate.
Those speaking in opposition to the subdivision and rezoning
included Chuck Bonza/1551 Fish Creek, Bob Trump/830 Fish
Creek Road and Elaine Downing/1066 Pine Knoll. They urged
the Board to deny the project and leave the property as open
space. They also commented as the area is developed the
wildlife will be forced to find new migration corridors.
Board of Trustees — November 27, 2007 — Page 6
Mr. Willard stated the Association has not delayed the
development. The area in question is a major elk corridor and
the protection of the elk has been given minor consideration.
This development would inhibit the movement of elk, and
minimizing the ROW and building condominiums close to the
roadway would decrease a driver's ability to see elk crossing.
Mr. Theis stated the development has received Corp of
Engineering approval for the restructuring of the wetlands. He
reviewed the current state of the denuded wetlands. The
developer will address the erosion of the creek bank on both
sides of the creek and plant native wetland vegetation.
Attorney White reminded the Board the approval of the
preliminary plat does not allow the developer to apply for building
permits. The developer has met the requirements of the EVDC
and a denial of the subdivision would be a taking of the vested
property rights; therefore, the Town would have to pay fair market
value for the property.
There being no further testimony, Mayor Baudek closed the
Public Hearing, and it was moved and seconded
(Homeier/Blackhurst) to approve the Preliminary Subdivision
Plat, Stone Bridge Estates Subdivision, Metes and Bounds
property located at 1043 Fish Creek Road with staff
conditions and the item passed with Trustee Levine abstaining.
It was moved and seconded (Newsom/ Eisenlauer) that
Ordinance 22-07 be approved to rezone Lot 1, Stone Bridge
Estates from "RM" Multi -family residential to "0" Office with
staff conditions, and it passed with Trustee Levine abstaining.
B. KOSEWICK ANNEXATION AND RELATED LAND USE ITEMS:
1. ANNEXATION — RESOLUTION #13-07 & ORDINANCE #23-07.
2. PRELIMINARY SUBDIVISION PLAT - Kosewick Subdivision, Lot
7 (Less B850-P194, B1743-P50), Summer Villa, Van Horn
Engineering/Applicant.
3. REZONING — ORDINANCE #24-07 - Lots 1 and 2, Kosewick
Subdivision from A —Accommodations to E—Estate, Van Horn
Engineering/Applicant.
Mayor Baudek opened the public hearing. Director Joseph
stated the property is located on Riverside Drive immediately
south of the Trendwest development. Application for annexation
was made concurrently with the preliminary subdivision/rezoning
of the property. The applicant has requested the withdrawal of
the annexation, subdivision and rezoning applications. State law
prohibits the withdrawal of the annexation petition; therefore, the
Board must take action. The annexation was based solely on the
subdivision of the property and is not integral to any annexation
plans of the Town.
Board of Trustees — November 27, 2007 — Page 7
Lonnie Sheldon/Van Horn Engineering requested the Board
consider annexing the property as it will be developed in the near
future.
There being no further testimony, Mayor Baudek closed the
Public Hearing, and it was moved and seconded
(Levine/Eisenlauer) to deny the Annexation of the Kosewick
Addition and accept the withdrawal of the Preliminary
Subdivision Plat and Rezoning, and it passed unanimously.
The Mayor called for a 10 minute break at 10:44 p.m. and reconvened the meeting at
10:55 p.m.
C. ORDINANCE #25-07, Estes Valley Development Code Block 10
Amendments — Public Hearing: Revisions to regulations pertaining
to required times for action and inaction, extension of times,
standard review procedure, alternate review procedure and Table 4-
2 Base Density and Dimensional Standards, regarding required
setbacks from interior drives in the RM zoning district.
Mayor Baudek opened the public hearing. Director Joseph reviewed
the code changes and stated the proposed changes were read and
reviewed at the November 27, 2007 Board meeting. Staff has made
the corrections discussed at the last meeting by the Trustees
including the processing of the consultants payment once the Town
is compensated by the developer and the removal of gender
references.
Discussion followed with regard to site disturbance and charging
developers for the use of outside consultants to review land use
applications. Trustee Blackhurst commented a property owner
should be able to develop their property as they desire so long as it
is engineered to standards. To allow staff to determine what
excessive disturbance is and where a home can be build would lead
to bad economic policy. Director Joseph stated there is a balance of
property rights and the broader community values.
Mayor Baudek spoke in opposition to charging a developer
additional fees for the use of an outside consultant due to a staff
shortage or time constraints due to numerous submission. The
Mayor stated if a complete land use plan is submitted, the Town
should be responsible for the additional cost not the developer.
Director Joseph stated cost recovery for land use application is not
100% and is more expensive than a building permit review
Attorney White stated that most other municipalities do not have a
timeframe for land use applications. Director Joseph stated
changing the timeframe would not be favored by developers and less
than 10% of reviews would be outsourced. Administrator Repola
stated staff would develop additional options including an increase to
the timeframe for further discussion.
There being no further testimony, Mayor Baudek closed the Public
Hearing, and it was moved and seconded (Newsom/Homeier) that
Ordinance 25-07 be approved with items 3, 5, 6, 7, 8, 9 and 10 of
the code changes, and it passed unanimously.
Board of Trustees — November 27, 2007 — Page 8
2. ACTION ITEMS:
2. PUBLIC HEARING — 2008 BUDGET — ADOPTION.
Mayor Baudek opened the Public Hearing, and Finance Officer McFarland
reviewed the budget process. He discussed how the revenues are proposed
to be expended in the ensuing fiscal year for the Highway User's Trust Fund.
The following Resolutions were also presented:
A. Resolution #14-07 - Setting the Mill Levy (1.753 mills for 2008) — A
temporary reduction in the mill levy from 1.822 mills to 1.753 mills is
required for 2008 due to property tax increase spending limits of
5.5% per C.R.S. 29-1-301.
B. Resolution #15-07 - Adopting the 2008 Budget.
C. Resolution #16-07 - Appropriating Sums of Money.
Paul Fishman/14ers Cafe spoke to the 2.5% COLA and 2.5% merit pool for the
employees. He stated the business owners of the town have not experienced
an increase this year and that should be considered. He stressed that merit
raises should be given to those who truly earned the increase.
Ralph Nicholas/1660 North Ridge Lane questioned the addition of funds for the
sale of Lot 4, SHD to the 2008 budget. He also expressed concern with
budgeted Open Space funds for the Fall River trail as there are business
owners along the proposed trail that do not agree with the trail placement. He
stated concerns with the 30% increase in Legislative salaries and the decline
in the Community Reinvestment fund.
There being no further testimony, Mayor Baudek closed the Public Hearing,
and it was moved and seconded (Newsom/Pinkham) the Highway Users
Trust Fund and Resolutions 14-07, 15-07 and 16-07 be approved, and it
passed unanimously. Mayor Baudek and the Board of Trustees thanked staff
for their efforts during the budget process.
3. TRANSPORTATION ALTERNATIVE STUDY.
Public Works Director Zurn stated the Colorado Department of Transportation
may have maintenance funds available in 2008 for congestion improvements in
Estes Park, specifically downtown. Any improvements would have to be
justified by a transportation study. The improvements would be cost -shared
jointly and constructed in 2008. Staff requests approval to retain CDOT's
general consulting company, PBS&J, to study alternatives to relieve
congestion in the downtown area with traffic alternatives/models to be consider
by the Public Works Committee prior to developing design and construction
plans. It was moved and seconded (Pinkham/Blackhurst) to contract with
PBS&J for a transportation/traffic study for $15,000 from #101-2400-424-
22-02, and it passed unanimously. Director Zurn noted that Estes Park was a
medium priority for CDOT, and after discussions with CDOT the priority has be
modified to a high priority, significantly increasing the money available for
improvements downtown over the next 30 years. Trustees commended
Director Zurn in his efforts to find available funding and opening a dialogue
with CDOT.
4. ORDINANCE #27-07 — AMENDING SECTIONS 2.52.020 AND 2.52.040 OF
THE MUNICIPAL CODE PERTAINING TO SALARIES OF THE MUNICIPAL
JUDGE AND MUNICIPAL COURT CLERK.
Town Administrator Repola reported the Municipal Code requires the salaries
of the Municipal Judge and the Municipal Court Clerk be reviewed every two
years. The increase in salary amounts to 5%. Town Attorney White read
Board of Trustees — November 27, 2007 — Page 9
Ordinance #27-07 amending the Ordinance with salary increases effective
January 1, 2008. It was moved and seconded (Levine/Pinkham) to approve
Ordinance #27-07 be approved as amended, and it passed unanimously.
5. BUSINESS LICENSING PROCEDURES & REGULATIONS — ADOPTION OF
ORDINANCE #28-07.
Town Clerk Williamson reviewed the proposed code changes including the
annual due date of March 31s` as opposed to June 30th, eliminating the half
payments and second invoicing and adding a Non Sufficient Fund fee for any
returned check of $20 to the business licensing account. The changes would
be effective for the 2008 billing cycle. In addition, Attorney White has
amended the business licensing ordinance provisions to include the
requirement that an owner of a business within the Town needs to pay the
business license fee, obtain the business license and comply with the State of
Colorado requirements with regard to Lawful Presence. The violation and
revocation section of the code were revised to provide clarity of the process.
Mayor questioned whether or not it is a burden to the local business owners.
Paul Fishman/14ers Cafe stated the new due date would be a burden on the
business owners. He commented that a letter should have been sent prior to
the proposed changes to allow public input.
Discussion was heard related to the increase burden on the local businesses
during the slowest months of the year; the license fee is not an unexpected
cost and should be budgeted; and whether increasing the due date to April 30`h
would be beneficial.
Attorney White read Ordinance #28-07. It was moved and seconded
(Homeier/Pinkham) to approve Ordinance #28-07, and it passed
unanimously.
6. RESOLUTION #17-07 — VICTIM ADVOCATES APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG).
Deputy Town Administrator Halburnt stated that the Town Board has approved
a resolution for EVHA for a CDBG. The Town has been approached by
representatives from the Estes Valley Victim Advocates to apply for a CDBG
on their behalf to acquire funds to purchase a safehouse. Applicants for
CDBG must be a municipality or county and if awarded, funds must go through
the Town accounts and be passed on to EVVA. The application deadline is
December 1, 2007. It was moved and seconded (Eisenlauer/Newsom) to
approve Resolution #17-07, and it passed unanimously.
7. TOWN ADMINISTRATOR REPORT.
No Report.
8. REQUEST TO ENTER EXECUTIVE SESSION:
24-6-402(4)(e), C.R.S. - For the purpose of determining positions relative to
matters that may be subject to negotiations, developing strategy for
negotiations, and/or instructing negotiators — Lot 4, Stanley Historic District
and 24-6-402(4)(f), C.R.S. — For discussion of a personnel matter; not
involving any specific employees who have requested discussion of the matter
in open session; any member of the Town Board (or body); the appointment of
any person to fill an office of the Town Board (or body); or personnel policies
that do not require discussion of matters personal to particular employees.
Board of Trustees — November 27, 2007 — Page 10
It was moved and seconded (Pinkham/Levine) the Town Board enter into
Executive Session for the purpose of determining positions relative to
matters that may be subject to negotiations, developing strategy for
negotiations, and/or instructing negotiators for Lot 4, Stanley Historic
District, under C.R.S. Section 24-6-402(4)(e) and discussion of a
personnel matter; not involving any specific employees who have
requested discussion of the matter in open session; any member of the
Town Board (or body); the appointment of any person to fill an office of
the Town Board (or body); or personnel policies that do not require
discussion of matters personal to particular employees., under C.R.S. 24-
6-402(4)(f)., and it passed unanimously.
John Nicholar/1660 North Ridge Road commented the Board should address the
possible outcome of the current lawsuits and should consider the best interests of the
taxpayers of the Town. He suggested the Board not enter into a new contract with the
LOT4, ED.
Whereupon Mayor Baudek adjourned the meeting to Executive Session at 11:10 p.m.
Mayor Baudek reconvened the meeting to open session at 12:10 p.m.
Whereupon Mayor Baudek adjourned the meeting at 12:10 p.m.
ohn Baudek, Mayor