HomeMy WebLinkAboutMINUTES Town Board 2007-07-24Town of Estes Park, Larimer County, Colorado, July 24, 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 24th day of July, 2007. Meeting called to
order by Mayor Baudek.
Present:
Also Present:
John Baudek, Mayor
Trustees Eric Blackhurst
Dorla Eisenlauer
Richard Homeier
Chuck Levine
Wayne Newsom
Randy Repola, Town Administrator
Jacquie Halburnt, Deputy Town Administrator
Cynthia Deats, Deputy Town Clerk
Absent: Bill Pinkham, Mayor Pro Tem
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.
David Habecker/1100 Big Thompson Avenue, addressed the Board regarding his
opposition to the recitation of the Pledge of Allegiance at Town Board meetings, stating
that everyone should feel welcome and that the ritual of reciting the Pledge of
Allegiance is contrary to the feelings of many people, not appreciated by all in
attendance at public meetings, and not a function of the Town Board.
Jim Denton/1252 Community Drive, encouraged the Town Board to continue to recite
the Pledge of Allegiance at Board meetings. In addition, Mr. Denton voiced a complaint
about the noise emanating from the fairgrounds during Rooftop Rodeo performances,
asking the Town to look into ways to keep speakers directed at the audience so that the
rodeo performances are heard by those attending the rodeo and not the surrounding
neighbors.
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the public that the Public Safety Committee meeting
would be held on Thursday, July 26, at 8:00 a.m. in the Town Board Room.
Mayor Baudek, Nick Molle, and Christine Hall recently retumed from the Sister Cities
International 2007 Annual Conference in Fort Lauderdale, where Estes Park was
recognized as "Best Overall" for communities with a population less than 25,000. Estes
Park and Monteverde, Costa Rica entered into a Sister Cities relationship in 2004 to
provide for the exchange of ideas in the areas of municipal development, education,
health care, arts, culture, and environment. The award was based on accomplishments
in these areas as well as on a 33-minute program entitled Monteverde-Sister Cities
produced by Nick Molle.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated July 10, 2007.
2. Bills.
3. Committee Minutes:
Board of Trustees — July 24, 2007 — Page 2
A. Utilities, July 19, 2007:
1. Fiber Extension Project — Town's portion not to exceed $20,000,
Budgeted.
2. Big Thompson Building Demolition — Kitchen and Company -
$28,600, Budgeted.
3. Mary's Lake Treatment Facility Design Modifications/Expansion
Phase I - $377,845, Budgeted.
4. Wood Mountain Management, LLC — Amendment to Lease of Water
Rights.
4. Estes Valley Planning Commission, June 19, 2007 (acknowledgement only).
5. Estes Valley Board of Adjustment, July 10, 2007 (acknowledgement only).
It was moved and seconded (Levine/Homeier) 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. PRELIMINARY SUBDIVISION PLAT
1. Grueff-Edwards Subdivision, Lot 4, Stanley Historic District,
Lot4ED, LLC/Applicant — Request withdrawn by applicant.
B. EASEMENT VACATION
1. Tranquil Vail Subdivision, Lot 15, Carolyn & Bill
Fairbanks/Applicant — Request for continuance to August 28,
2007 Town Board Meeting.
C. AMENDED PLAT
1. Mocassin Subdivision, Lot 11; and Riverside Subdivision, a
portion of Lot 21, Van Horn Engineering/Applicant.
D. SUPPLEMENTAL CONDOMINIUM MAP
1. Park River West Condominiums, Phase XXII1, Units 618, 620, &
622, Lot 2, Park River West Subdivision, Richard H. Wille
Trust/Applicant.
As there was no public testimony, Mayor Baudek closed the public hearing and it
was moved and seconded (Newsom/Blackhurst) the Consent Agenda be
approved with Staff conditions of approval, and it passed unanimously.
Mayor Baudek opened the Public Hearing for the following Action Items:
2. ACTION ITEMS:
A. MINOR SUBDIVISION PLAT
1. Wildfire Subdivision, Metes & Bounds Property, North End
Storage Addition, 1775 Wildfire Road, Longs Peak
Development, LLC/Applicant.
B. CHANGE OF USE — REVISED DEVELOPMENT PLAN 05-08A
1. Wildfire Subdivision, Proposed Lots 1 and 2, Longs Peak
Development, LLC/Applicant.
Planner Shirk stated the subject property was rezoned by Larimer County in 2005 from
Commercial Outlying (CO) to Commercial Heavy (CH) and approved for use as a site
for mini -storage units. At that time, the County Commissioners stipulated that any
change of use would require the approval of the "governing body" which, since the
Board of Trustees — July 24, 2007 — Page 3
annexation of the property in the Fall of 2005, would be the Town Board. The subject
property has an amended development plan that provides for the relocation of an
existing single-family dwelling and mini -storage units, and the division of one lot into two
separate lots. It is Staff's and the Planning Commission's opinion that the plan, when
taking into consideration the adjacent residential property, provides for a better site
design. Discussion followed and included: the current use of the property as a bakery
distribution center which will be discontinued in March 2008; the proposed use as a
residence and enclosed storage area for building materials by Ertl Mechanical; hours of
operation and access to the storage area; lighting on the property; landscaping as a
buffer for the adjacent residential development; and types of uses that will require Town
Board approval in the future. Planner Shirk addressed topics of concern and stated
that as a requirement of the plan, all building materials will be stored inside, hours of
operation have been defined, and the property will be fenced with limited access.
As there were no further comments, Mayor Baudek closed the public hearing and it was
moved and seconded (Homeier/Levine) that Action Items 2A and B be approved
with Staff conditions of approval, and it passed unanimously.
The Trustees thanked Karl Ertl for being sensitive to the needs of the surrounding
neighborhood when putting this development plan together.
2. ACTION ITEMS:
1. 2nd QUARTER FINANCIAL REPORT.
Finance Officer McFarland provided the Board with a favorable financial report
and pointed out that with half of the calendar year complete, the General Fund
is operating as anticipated, with expenses being just under 50% of budget. He
indicated that sales tax figures through May are slightly ahead of those for 2006
and will be reflected on the next financial report.
2. TOWN ADMINISTRATOR REPORT.
• Fire restrictions were implemented earlier today by Fire Chief Dorman
which closely follows those restrictions announced by Larimer County.
The decision to impose the restrictions was reached based on current
weather conditions as well as the resources available to fight a fire if one
were to occur. The ban, which will be in force until lifted, addresses
restrictions on open fires, fireworks, smoking, campfires, welding, and the
operation of acetylene or other torches. Exceptions to the ban include
campfires in approved campsite and picnic ground fire rings, LP or natural
gas -fired grills, petroleum -fueled lanterns, and flares. Chief Dorman has
provided a complete list of fire restrictions to the local newspapers.
• In preparation for the next budget study session, and as a follow up to the
session held July 10`h, Administrator Repola supplied the Trustees with a
listing of 21 budget items and requested they choose their ten most
important items on the list. The choices will be used to create a listing of
top priorities if budget cuts become necessary.
Trustee Blackhurst asked if there was any information available on the Crosier
Mountain Fire that broke out last Sunday. The fire is 100% contained at 6.5 acres.
3. REQUEST TO ENTER EXECUTIVE SESSION:
24-6-402(4)(B), C.R.S. — Conference with Town Attorney White for the purpose
of receiving legal advice on specific legal questions — Chamber of Commerce
Lawsuit.
It was moved and seconded (Homeier/Levine) the Town Board enter into
Executive Session for the purpose of receiving legal advice on specific
legal questions — Chamber of Commerce lawsuit, under C.R.S. Section
24-6-402(4)(b), and it passed unanimously.
Board of Trustees — July 24, 2007 — Page 4
Whereupon Mayor Baudek adjourned the meeting to Executive Session at 7:45 p.m.
Mayor Baudek reconvened the meeting to open session at 8:34 p.m.
4. CHAMBER OF COMMERCE LAWSUIT
Attorney White stated that a decision was reached by the Colorado Court of
Appeals on July 12, 2007, in the 2005 lawsuit filed against the Town of Estes
Park by the Chamber of Commerce, questioning the authority of the Town to
conduct advertising activities. The ruling reversed an earlier decision in the
case handed down by District Court Judge David Williams who ruled the Town
had the implied power to advertise. Since the July 12th decision has economic
implications for the Town of Estes Park, its citizens, and other statutory towns
in the State of Colorado, Attorney White recommends the Town Board
authorize himself and Attorney Windholz to prepare a Writ of Certiorari to be
filed before August 26, 2007 requesting the Colorado Supreme Court to take
the case under advisement.
The Trustees discussed the economic ramifications of the ruling including how
the inability of statutory municipalities to market, or pay a third party for
marketing services, could impede economic growth and development.
It was moved and seconded (Blackhurst/Levine) that the Town Board
authorize Town Attorney White to file a Writ of Certiorari with the
Colorado Supreme Court as expeditiously as possible, and it passed
unanimously.
Whereupon Mayor Baudek adjourned the regular meeting at 8:41 p.m.
ohn Baudek, Mayor
Cynthi Deats, Deputy Town Clerk