HomeMy WebLinkAboutMINUTES Town Board 2008-08-26Town of Estes Park, Larimer County, Colorado, August 26, 2008
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 August, 2008. Meeting called
to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Mayor Pro Tem Levine
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Trustee Homeier
Jerry Miller
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham 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/Town Citizen stated the Planning Commission was correct in its
application of the Development Code and approval of the Wapiti Crossing
development. He encouraged the Board to further define the Development Code to
prevent these types of debates in the future. He again requested the Board stop
reciting the Pledge at the beginning of the Town Board meetings.
Jim Tawney/Town Citizen and owner of Ponderosa Lodge suggested there are more
effective methods that should be use to market Estes Park. He stated in 1993, 1994
and 1995 he had approximately 90%+ occupancy during the season. He would like the
Town to reconsider how it is marketing the Town.
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the public that the Public Works Committee would meet
Thursday at 8:00 a.m. in the Town Board Room. He stated the growth rate in Estes
Park from 1993 to 2007 was 2.3% and from 2000 to 2007 was 1.95%. This is a
correction from an earlier statement he made with regard to growth rates.
Mayor Pinkham thanked the Board and staff for the efforts put forth on the pre -budget
process. He encouraged all to join in the Longs Peak Scottish -Irish Highland Festival
the week of Sept. 4 — 7, 2008.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 12, 2008 and Town Board Pre -Budget
Study Session Minutes dated August 8, 2008.
2. Bills.
3. Committee Minutes:
Board of Trustees — August 26, 2008 — Page 2
A. Community Development, August 7, 2008:
1. Team Penning Contract, September 12 — 14, 2008.
2. Conference Center Roof Repair, B & M Roofing - $6,492.
B. Utilities, August 14, 2008:
1. Substation Maintenance Intergovernmental Agreement with Platte
River Power Authority.
4. Estes Valley Board of Adjustment, June 3, 2008 (acknowledgement only).
5. Estes Valley Planning Commission, July 15, 2008 (acknowledgement only).
6. Estes Park Urban Renewal Authority, July 16, 2008 (acknowledgement only).
7. Power Line Easements between Della Terra and H.W. Stewart and William
Carle.
Trustee Ericson stated the bills contain an additional document that provides an
overview of the bills. He spoke in favor of EPURA's recent amendment to their budget
to correct an administrative oversight.
It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and
it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS.
1. Noxious Weed Plan and Management. Deputy Town Administrator
Richardson stated George Hockman/Town Citizen claimed the Town was not
in compliance with the state laws governing weed management, more
specifically C.R.S. 35-5.5-106. The statute requires that each municipality
adopt a noxious weed management plan; all municipalities provide for the
administration of a noxious weed management plan; municipalities may
cooperate with adjoining counties for the management of noxious weeds; and
municipalities that have adopted Ordinances to manage noxious weeds have
in fact adopted a noxious weed management plan and meet the requirements
of the state statute. The Town has Ordinances in place that address the
abatement of noxious weeds. In addition, the Town does provide for spraying
of noxious weeds on all Town owned properties. Mayor Pinkham stated the
Ordinance addressing noxious weeds is an enforcement tool and not practical
as many of the plants in question do not bloom until after July 15th. He
requested the Town develop a program with Mr. Hockman and the Master
Gardeners to provide education to homeowners on identifying and treating
noxious weeds. Administrator Halburnt suggested an article in the Town Bugle
and a web page to educate the public during the spring. Discussion followed:
Public Works should be involved in addressing these concerns as a contractor
is currently used to abate noxious weeds on Town properties; a simple color
flyer should be created to aid the public in addition to the website; and
information as to why a particular plant is noxious would be beneficial.
George Hockman/Town Citizen stated he disagrees with earlier statements
that the Town is in compliance with state law.
3. LIQUOR LICENSING
1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP — FROM MARY'S LAKE
LODGE LLC, dba MARY'S LAKE LODGE TO RAM'S HORN
DEVELOPMENT COMPANY, LLC dba MARY'S LAKE LODGE, DON DEBEY,
2625 MARY'S LAKE ROAD, TAVERN LICENSE.
Board of Trustees — August 26, 2008 — Page 3
Town Clerk Williamson reviewed the application stating all necessary
paperwork had been received. The business was purchased in 2002 by Ram's
Horn Development and at that time Don Debey was added to the liquor license
established by the previous owner. During the liquor license renewal process
it came to the Town Clerk's attention that the sales tax account for which the
liquor license was issued had been closed. This necessitated a transfer of the
liquor license to the new entity. Mayor ProTem Levine reminded the applicant
that the Town requires liquor licensed establishments to check identification
and the Town places the responsibility on the establishment to enforce all
liquor laws. It was moved and seconded (Eisenlauer/Ericson) the Transfer
of Ownership Application filed by Ram's Horn Development Company,
LLC dba MARY'S LAKE LODGE, be approved, and it passed unanimously.
3. PLANNING COMMISSION AGENDA:
1. ACTION ITEM:
a. ESTES PARK MEDICAL CENTER LAND USE ITEMS:
1. AMENDED PLAT, All Hospital Addition, and two Metes and
Bounds parcels located in SE S25-T5N-R73W and shown on the
Moccasin Saddle Addition Plat as Portions of Tract 9 and 11 and
all of Tract 10, Estes Park Medical Center/Applicant.
2. AMENDED DEVELOPMENT PLAN / LOCATION AND EXTENT
REVIEW - SPECIAL REVIEW #06-01 B, All Hospital Addition, and
two Metes and Bounds parcels located in SE S25-T5N-R73W
and shown on the Moccasin Saddle Addition Plat as Portions of
Tract 9 and 11 and all of Tract 10, Estes Park Medical
Center/Applicant.
3. REZONING — ORDINANCE #11-08 - two Metes and Bounds
parcels located in SE S25-T5N-R73W and shown on the
Moccasin Saddle Addition Plat as Portions of Tract 9 and 11 and
all of Tract 10, from E — Estate to RM — Residential Multi -Family,
Estes Park Medical Center/Applicant.
Jeff Chamberlain/RLH Engineering reviewed the proposed 4,600 s.f.
addition to the emergency facilities at the Estes Park Medical Center
(EPMC). The addition would also include site work improvements for
drainage, patient drop-off, a new loop road way and additional
parking. The project would break ground in September 2008 with
the new facility fully operational by the summer of 2009 at a cost of
$4 million. The new parking lot would address drainage; however,
there are ongoing discussions with Public Works to determine the
best solution for the retention pond. Cornerstone Engineering has
been retained to determine the feasibility of pushing Mocassin Circle
Drive to the north three to six feet in order to remove the radius
curve and bank the road. Public Works has requested the hospital
pay for these improvements at a cost estimate of $50,000.
Planner Chilcott reviewed the staff report. The amended plat would
combine three parcels into one to allow the hospital
redevelopment/expansion. In conjunction with the amended plat, the
hospital is requesting the two smaller parcels zoned "E" Estate be
rezoned to "RM" Residential Multi -Family to be consistent with the
larger parcel containing the hospital and the Prospect Park Living
Center. The rezoning of the property would be contingent on the
construction of the road improvements required by Public Works, the
recording of the amended plat and compliance with the special
Board of Trustees — August 26, 2008 — Page 4
review application #06-01 B. The Special Review would add 4,606
square feet to the Emergency Department along the southern side of
the existing building, reconfigure and expand the upper parking
area, improve drainage and extend the public sidewalk along
Mocassin Circle Drive. The EPMC is requesting a 6 year vesting
period.
It was moved and seconded (Homeier/Eisenlauer) the Amended
Plat of the All Hospital Addition and two Metes and Bounds
parcels, be approved with staff conditions of approval, and it
passed unanimously.
It was moved and seconded (Levine/Homeier) the Amended
Development Plan/Location and Extent Review - Special Review
#06-01 B of the All Hospital Addition, and two Metes and
Bounds, be approved with staff conditions of approval, and it
passed unanimously.
Attorney White read the Ordinance. It was moved and seconded
(Blackhurst/Miller) Ordinance 11-08 be approved for the Rezoning
of two Metes and Bounds parcels as described above, be
approved with staff conditions of approval, and it passed
unanimously.
b. REZONING — ORDINANCE #12-08 - a Metes and Bounds parcel
located at 1665 W. Highway 66, from RM — Residential Multi -Family
to A —Accommodations, Elk Meadow RV Essential Group,
LLC/Applicant. Director Joseph reviewed the staff report. The Elk
Meadow RV Park was rezoned to "RM" Residential Multi -Family in
2000. RV Parks are an allowed use by right in the "A"
Accommodations and the "RM" Residential Multi -Family zoning
districts. The RV Park would like to offer an outdoor evening dinner
and musical entertainment as a permanent activity for its guests and
general public. This accessory use would be a permitted accessory
use in the "A" zoning district; however, the "RM" does not allow this
use.
Discussion followed amongst the Board: why was the property not
zoned "CO"; does the current or proposed zoning allow
parking/storage of RVs; could the issue be addressed through a
permit versus a rezoning; the uses in the two zoning districts are
comparable; the accessory use should be addressed through a code
change and not a change in zoning; the zoning should match the use
of the property; a site plan delineating the uses of the property would
be beneficial; due to the price of gas the property would likely be
redeveloped in the future.
Director Joseph stated the "CO" Commercial Outlying does not allow
the RV Park as a use. The parking/storage of RVs is a grand -
fathered use of the property. The rezoning would allow for a large
hotel to be built in the future, which would not be permitted in the
current "RM" zoning district. There are no provisions in the code to
allow this accessory use; however, temporary permits have been
used for the past two seasons and are good for 30 days.
David Habecker/Town Citizen expressed concern with the special
permitted uses. He stated the change in use would eliminate the
grand -fathering on the property and require other regulations to be
Board of Trustees — August 26, 2008 — Page 5
addressed such as building code requirements, parking,
landscaping, etc. Director Joseph stated the principle use of the
property has not been changed, and therefore, only site specific
requirements for the accessory use would be reviewed.
After further discussion, Attorney White read the Ordinance. It was
moved and seconded (Miller/Blackhurst) Ordinance 12-08 be
approved for the Rezoning of a Metes and Bounds parcel
located at 1665 W. Highway 66 as described above, and it passed
unanimously.
c. SPECIAL REVIEW #08-02, HORSE-DRAWN CARRIAGE
CONCESSION, Downtown Estes Park, Estes Park Carriage, John
Jarros/Applicant. Director Joseph reviewed the staff report. The
Special Review proposal would allow a horse-drawn carriage
operation within the Town of Estes Park. Services would include
wedding transportation, special events and carriage rides along a
fixed route already approved for another vendor. The normal hours
of operation for the fixed route would be 1:00 p.m. to 9:00 p.m. daily.
The Planning Commission did recommend approval at the July 15,
2008 meeting with conditions of approval. After further discussion, it
was moved and seconded (Blackhurst/Levine) Special Review
#08-02 be approved for a horse-drawn carriage concession with
staff conditions of approval, and it passed unanimously.
d. ORDINANCE #13-08, Estes Valley Development Code Block 11
Amendments — Public Hearing: Revisions to the appeal process.
Director Joseph stated the purpose of the revisions is to provide a
specific time frame for the filing and hearing of appeals under the
Estes Valley Development Code. An appeal would be held within
sixty (60) days of filing the written notice of the appeal. Attorney
White read the Ordinance. As there were no comments, the Mayor
closed the public hearing and it was moved and seconded
(BlackhurstlEricson) to approve Ordinance 13-08, and it passed
unanimously.
4. ACTION ITEMS:
1. ESTES PARK MEDICAL CENTER FEE WAIVER.
Director Joseph stated the Community Development Committee waived the
development plan review fees of $2,500 at the August 7, 2008 meeting per the
Fee Waiver Policy; however, the policy allows up to $3,000. The EPMC
requests the Board waive the additional $14,500 in building plan review fees
and inspection fees. Community Development staff did not forward a
recommendation; however, staff recommends denial of the request.
Rob Austin/EPMC CEO stated the letter dated August 18, 2008 listed the
reasons for the request including: reduced project costs would lower customer
charges; emergency departments customarily have a higher percentage of
uncollected expenses; as a taxing entity that continually goes to the public for
donations to make up shortfalls; the hospital has received fee waivers in the
past and is a special district. In addition the fee waiver would provide funding
for the improvements that may be needed on Mocassin Circle Drive.
Trustee Blackhurst stated the objective of development fees and plan review
fees is to recover 50% of the cost and this fee waiver would be a direct impact
to the overall department budget. Director Joseph stated the fee waiver would
Board of Trustees — August 26, 2008 — Page 6
have a direct impact on revenue projections for 2008. He stated the
department has been able to staff the Building Department to meet demand
due to cost recovery. Development fees place the cost of development on the
developer and not the municipality.
The Board discussed the fee waiver: 71 % of the fees waived in the past 5
years have been to the hospital; the Town should continue to be a community
partner and waive the fees; waiving the hospital fees could set a precedent for
other fee waivers such as the request from the Estes Valley Recreation and
Park District; are fee waivers factored into revenue projections each year; the
Town's revenues are down for 2008 and may not meet year-end budget
projections.
Trustee Blackhurst stated the Town recently adopted the Fee Waiver Policy
and expressed concern with not following the policy. He would suggest the
Board consider waiving half of the remaining fees. Trustee Levine agreed.
Director Joseph commented other governmental entities planning large
projects should come forward during the budget process with fee waiver
requests for the Board to consider and weigh at one time.
After further discussion, it was moved and seconded (Eisenlauer/Ericson) to
approve the remaining $14,500 in building permit and plan review fees,
and it passed with Trustee Levine and Blackhurst voting "No".
2. TOWN ADMINISTRATOR REPORT.
The Town and the County are accepting applications for the Local Marketing
District Advisory Council. Applications are available and would be accepted
through September 8, 2008.
Whereupon Mayor Pinkham adjourned the meeting
William C. Pinkham, Mayor
kie Williamson, Town Clerk