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Home My WebLink AboutMINUTES Town Board 2007-08-14Town of Estes Park, Larimer County, Colorado, August 14, 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 14' day of August, 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 Town Attorney White 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. PUBLIC COMMENT. David Habecker/1100 Big Thompson Avenue read a statement regarding the Town's incorporation of God into Board meeting through the recitation of the Pledge. He requested the Town review the Improvement Guarantee policy and include the payment of interest when cash is used. TOWN BOARD COMMENTS. Trustee Eisenlauer thanked Dir. Zurn and his staff for their help during the recent library book sale at the Holiday Inn. Mayor ProTem Pinkham announced Bill Hettinger the author of Living and Working in Paradise will be in Estes Park on the morning of October 1, 2007 to discuss the needs of housing in gateway communities. Please contact the Estes Park Housing Authority if you are interested. Mayor Baudek thanked the Parks Department for their efforts in maintaining the landscaping downtown this season. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated July 24, 2007. 2. Bills. 3. Committee Minutes: A. Public Safety, July 26, 2007: 1. Longs Peak Scottish/Irish Highland Festival Fireworks Permit, September 8 — 10, 2007. 2. IGA with RMNP for Structural Fire Suppression. 3. Ford 4X4 Expedition SSV, $29,467 - Budgeted. 4. Resolution #8-07 - L.E.T.A. 2008 Telephone/Wireless Access Charges of $.45 per month. Board nfTrustees — August 14,3007—Page 2 B. Community Development, August 2.2U07. C. Public Works, August 9.2007: 1. RHEEM 5-Ton Air Conditioning Unit for Computer Server Room, Advantage Mechanical -$12.371.UO. 2. Fish Creek Trail Phase 3&.A-1 Excavating -$35.8O2.50. 3. Curb & Gutter mtHwy 34/CVB'&18.UUU.UO. 4. LahmerEmergency Telephone Authority (LETA)Board Appointment —Police Chief Lowell Riohardaonfor2-yr term. bwas moved and seconded (Pinkham/Levire)the Consent Agenda be approved. and it passed unanimously. 2. ACTION ITEMS: 1. PLANNING REVIEW FEE SCHEDULE FOR 2OO7/20OO Dir. Joseph provided the Board with o background onthe development plan review fees within Town limits. He stated the Town has been collecting the Larimer County fees for development within the unincorporated portions of the Estes Valley since 2000. |n2004and 2005.the Board adopted a new fee schedule in an effort to recover costs and since then has continued to discuss the level of cost recovery for the department. Staff recommends the adoption of the proposed 2007 fee schedule for planning review fees to meet a 50% coat recovery for the Planning Department and to bring fees in line with LohmerCounty with the ultimate goal ofadopting one unified fee schedule for the Estes Valley planning area. Staff also suggested the proposed foe schedule could be implemented in 2 equal steps. Administrator Ropo|a stated the Town is following the benchmark established by LahmerCounty Planning for 50% unot recovery. Trustee B|aokhurstvuioad u concern with hiring trained personnel to perform tasks and then charging the developer for their work. Hestated the end result would be higher costs to the citizens of Estes Park. Discussion followed and is summarized: the taxpayers should not subsidize development; developers are making money on their projects and should pay for the services they use; the General Fund should not subsidize development; a most recovery of5096 is reasonable-, and who pays for planning eomioen if they were outnouruod Mayor Boudek nhreanod the need to keep costs reasonable for the sing|e- AdninkstnaknRepnlaauggestedthe Board could outaour000|| plan reviews at the developer's expense or convert the Planning Department to an Enterprise Fund and significantly increase development fees. Discussion was heard on whether or not fees would be accumulative, capped or discounted for multiple submittals. Dir. Joseph stated the proposed fee schedule anticipates an accumulative fee structure; however, fees collected for avariance pre -application would beapplied tothe submittal. Matthew Heioor/800 Freeland {1 requested the Town Board work with the County Commissioners to develop one fee nohodu|a for the entire Eob*a Valley. He stated the customer is the general public who nauoivoe better development within the vo||ey, not the developer. He also stated the proposed fee structure inconsiderably lower than other jurisdictions in Colorado. Board of Trustees — August 14, 2007 — Page 3 It was moved and seconded (Pinkham/Levine) to adopt the fee schedule in two steps with the first increase effective October 1, 2007 and the fee schedule will be reviewed prior to the 2009 budget process, and it passed unanimously. Mayor Baudek requested a footnote be added to the Street Name Change to denote a fee would be collected if the change is requested by the applicant. 2. ORDINANCE 16-07 TEMPORARY TURNING AREA EASEMENT VACATION, LOT 15 TRANQUIL VAIL SUBDIVISION Dir. Joseph stated the Town was approached by the owners of Lot 15, Tranquil Vail to vacate a portion of a temporary turning easement encroaching upon their property. The original subdivision anticipated a future street connection; therefore, a temporary turning area was needed prior to the future connection. The applicant's house encroaches into the temporary easement which has never been in use. Trustees questioned why Lot 14 was not requesting vacation at the same time. Staff stated the owners of Lot 15 initiated the surveying and incurred the expense to vacate the easement on their property. The Town Board would likely hear a request for the vacation of the easement on Lot 14 in the near future. Attorney White read the Ordinance into the record. It was moved and seconded (Levine/Eisenlauer) to approve Ordinance 16-07, and it passed unanimously. 3. TOWN ADMINISTRATOR REPORT. • The Intergovernmental Agreement approved by the Town Board for fire department service outside town limits will be discussed at an upcoming meeting on August 28`h with the Board of County Commissioners. An earlier meeting was postponed due to questions/concerns by the Sheriffs Department. The modified IGA will be presented to the Board for approval. • The Fire Department was broken into and the Police Department has arrested one suspect. • Senior Center is hosting the Osher Lifelong Learning Institute tomorrow from 4:00 p.m. to 6:00 p.m. with seating still available. Please contact Lori Mitchell if you are interested. 4. 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 — Sale of Lot 4 Stanley Historic District and Chamber of Commerce Lawsuits. Trustee Blackhurst recused himself from the Chamber of Commerce discussion. It was moved and seconded (Pinkham/Levine) the Town Board enter into Executive Session for the purpose of receiving legal advice on specific legal questions — Lot 4 Stanley Historic District and Chamber of Commerce lawsuits, under C.R.S. Section 24-6-402(4)(B), and it passed unanimously. Whereupon Mayor Baudek adjourned the meeting to Executive Session at 8:30 p.m. Mayor Baudek reconvened the meeting to open session at 9:20 p.m. Whereupon Mayor Baudek adjourned the meeting at 9:20 p.m. .,�� ohn Baudek, Mayor .. . 0 c . on. eses cie Williamson, Town Clerk