HomeMy WebLinkAboutMINUTES Town Board 2008-02-26Town of Estes Park, Larimer County, Colorado, February 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 February 2008. Meeting
called to order by Mayor ProTem Pinkham.
Present:
Also Present:
Bill Pinkham, Mayor ProTem
Trustees Eric Blackhurst
Dorla Eisenlauer
Richard Homeier
Chuck Levine
Wayne Newsom
Town Attorney White
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: John Baudek, Mayor
Mayor ProTem Pinkham called the meeting to order at 5:35 p.m.
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 — Elkhorn Lodge Redevelopment.
It was moved and seconded (Levine/Blackhurst) 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 Elkhorn Lodge Redevelopment, under C.R.S. Section
24-6-402(4)(e), and it passed unanimously with Trustee Newsom absent.
Whereupon Mayor ProTem Pinkham adjourned the meeting to Executive Session at
5:32 p.m.
Mayor ProTem Pinkham reconvened the meeting to open session at 6:50 p.m. and
called a 10 minute break.
At 7:00 p.m. Mayor ProTem Pinkham called the meeting to order and all desiring to do
so, recited the Pledge of Allegiance.
SWEARING -IN CEREMONY.
Deputy Town Administrator Richardson stated Police Chief Kufeld began his career
with the Town as a Community Services Officer and has been promoted from within the
organization. Town Clerk Williamson conducted a Swearing in Ceremony for the
promotion of Wes Kufeld to Police Chief.
PUBLIC COMMENT.
Eric Waples/Town resident stated the Town Board room is a unique room not found
anywhere else in Estes Park. He requested the room be available for use by the
community.
Board of Trustees — February 26, 2008 — Page 2
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the public that the Public Safety Committee would meet
Thursday at 8:00 a.m. in the Town Board Room.
Mayor ProTem Pinkham stated the School Board would be hosting a candidate forum
in the Board Room on March 10th for the upcoming municipal election. The Town
would be addressing a new use policy for the Board Room.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated February 12, 2008 and Joint Study Session
Minutes dated January 29, 2008 and Study Session Minutes dated February
8, 2008.
2. Bills.
3. Committee Minutes:
A. Public Works, February 14, 2008.
B. Utilities, February 21, 2008.
a. Purchase LED bulbs for Christmas decorations - $6,800, Budgeted.
b. Primary Wire Trailer - $15,921, Budgeted.
c. 2008 GMC K-3500 4x4 w/utility body and crane - $39,789, Budgeted.
4. Resolution # 5-08 — Scheduling a Show Cause Liquor Hearing for Agapemou
Ltd., dba KELLI's, 110 W. Elkhom, 2nd Floor, Tavern Liquor License on
March 11, 2008.
5. Estes Valley Board of Adjustment, January 8, 2008 (acknowledgement only).
6. Estes Valley Planning Commission, January 15, 2008 (acknowledgement
only).
7. MBIA Municipal Investors Service Corp. — Approval of 2008 Engagement
Letter for Investment Services.
It was moved and seconded (Levine/Eisenlauer) the Consent Agenda be approved,
and it passed unanimously.
1A. PLANNING COMMISSION AGENDA (Approval of):
Mayor ProTem Pinkham opened the Public Hearing for all the following Consent
Agenda Items:
1. CONSENT ITEMS:
A. PRELIMINARY PLAT
1. Elk Run Condominiums, Lot 9, S. St. Vrain Addition, except
1507-875 & 1617-816, Ed Peterson/Applicant.
B. PRELIMINARY SUBDIVISION
1. Deer Ridge Subdivision, Amended Plat of Lots 3 & 4, Skoog
Subdivision, Paul M. & Katherine M. Kochevar and John A.
Skoog/Applicants. Applicant requests continuance to March 25,
2008.
Board of Trustees — February 26, 2008 — Page 3
As there were no comments, Mayor ProTem Pinkham closed the public hearing
and it was moved and seconded (Newsom/Blackhurst) Consent Agenda be
approved with Planning Commission conditions of approval, and it passed
unanimously.
2. ACTION ITEM:
Ordinance #02-08, Rezoning Request from R—Residential to RM—
Multi-Family Residential, Lot 9, S. St. Vrain, except 1507-875 and 1617-
816, Ed Peterson/Applicant — Mayor ProTem Pinkham opened the
public hearing. Director Joseph stated the owner would like to
condominiumized an older four-plex. The lot conforms to the minimum
lot size requirements for the current zoning; however, multi -family use
would be a nonconforming use in this zoning district. If rezoned, the
property would become nonconforming as to lot size and density. Staff
recommends the rezoning to move the property closer to a conforming
use. Attorney White read the Ordinance into the record. Mayor ProTem
Pinkham closed the public hearing. It was moved and seconded
(Newsom/Levine) Ordinance #02-08 be approved with the condition
that the Town shall reserve the right to rezone the property if the
amended plat is not recorded within the timeframes established in
the Estes Valley Development Code, and it passed unanimously.
2. ACTION ITEMS:
1. RE -APPOINTMENT: ESTES VALLEY BOARD OF ADJUSTMENT.
It was moved and seconded to approve the reappointment of Al Sager to the
Estes Valley Board of Adjustment for a 2-yr. term expiring on February 28,
2010. It was moved and seconded (Blackhurst/Homeier) to approve the
reappointment of Al Sager as stated above, and it passed unanimously.
2. LIQUOR LICENSING: TRANSFER OF OWNERSHIP — PHILLIPS
MANAGEMENT SYSTEMS, INC. dba 451 STEAKHOUSE TO DOUBLE
PEAK INC. dba PEAK TO PEAK AMERICAN GRILLE, 451 S. ST. VRAIN
AVE., HOTEL AND RESTAURANT LIQUOR LICENSE.
Town Clerk Williamson reviewed the application stating all necessary
paperwork had been received. Double Peak Inc. is requesting a transfer of the
liquor license currently held by Phillips Management Systems, Inc. dba 451
Steakhouse. Trustee Levine reminded the applicant that the Town requires
liquor licensed establishments to check identification and complete TIPs
training. Tim Poynter/owner stated the restaurant staff would continually be
trained. It was moved and seconded (Levine/Homeier) the Transfer of
Ownership Application filed by Double Peak Inc. dba PEAK TO PEAK
AMERICAN GRILLE, be approved, and it passed unanimously.
3. ESTES PARK HOUSING AUTHORITY — LOAN UPDATE FOR PINES
CONDOMINIUMS.
EPHA Director Kurelja stated several banks and lending institutions are willing
to lend the Authority money on the rental portion of the Pines for approximately
$800,000 to $1 million. The Housing Authority requested an extension of the
remaining $1.6 to $1.8 million for 24 months or until other lending sources can
be established. The bank and the Town would hold first position on the loan.
It was moved and seconded (Levine/Newsom) to approve an extension of
the Estes Park Housing Authority loan for the Pines Condominiums up to
$1.8 million for two additional years. EPHA would acquire a loan of up to
Board pfTrustees — February 20.2UUD—Page 4
$1mil|ion on the rental portion of the Pines to repaying the General Fund,
and it passed with Trustee 0ackhurstrecusing himself from the vote.
4. APPROVAL QFFEE WAIVER SCHEDULE AND HABITAT FOR HUMANITY
ANNEXATION FEE WAIVER.
Director Joseph stated at the November 2007 Community Development
Committee meeting a fee waiver policy was discussed and recommended to
the Board for final approval at the Novembar27. 2007 Board meeting. He
reviewed the approved criteria used to qualify an entity for development and/or
building fee waivers. Staff requests an amendment to the policy to provide a
capped dollar amount granted at the Committee level ofS2.5O0 per project or
$2.500 per unit of multi -unit affordable housing development. If particular
project merits more substantial oubaidy, then it should be considered a part
ofthe annual budget process.
Trustee Blaukhunt commented the policy is acceptable; hovmevor, he
recommended the map be equal to the highest development review fee of
$3,000.
After further discussion, Kwas moved and seconded (GBaokhunabEoenlauer
to approve an amendment tothe Community Development Fee Waiver
Policy limiting requests approved at the Committee level to $3,000 per
project wr$3'O0&per affordable housing unit, and itpassed unanimously.
Town Clerk Williamson stated an annexation petition and application from
Habitat for Humanity was received on December 11. 2007 for the Kundtz
Addition. Payment of the annexation foe was not included; however, the
Clerk's offimy began processing the request with the knowledge that the
applicant would come forward torequest afee waiver.
Matthew Heoer/Habbatfor Humanity sbsbad fee waivers have already been
granted for the current project; howover, this is the fing project inwhich Habitat
has requested annexation.
It was moved and seconded ( to approve the
annexation fee waiver for the Kundtz Addition at $1.350.00. and it passed
unanimously.
5. 4mQUARTER SALES TAX REPORT.
Finance Officer McFarland stated 2007 sales tax was $7.23 million, which was
596 greater than the original budget. This was the largest year -over -year
inoroeoa in the past 10 years with 3.496 roo| growth. In the past ten yoam,
sales tax has increased 2496 adjusted for CPI. The summer months continue
to grow faster than the off season months with lodging increasing by 6%.
In 2008, staff will begin an analysis of how each vendor is categorized and
make adjustments within the first quarter. Recategohzingisnecessary toallow
for changes inthe market place and intechnology. Ahigh level ofaccuracy iu
required to assure a maximum return on investment with advertising dollars.
8. ORDINANCE #3-08 AMENDING SECTION 2.56.020 COMPENSATION OF
MAYOR AND THE BOARD OFTRUSTEES.
Administrator Ha|bunt commented the Mayor and Trustee salaries were |uat
increased in 2000. The Town Board salaries were compared to the regional
and resort Towns used during the yearly employee salary survey and includes
Avon. Bneokonhdge, Fort Collins, Fhomn, Longmont, Love/and and Steamboat.
The average salary for Mayor is $11.049 and $0.591 for Trustee. The
Board of Trustees — February 26, 2008 — Page 5
recommendation is to increase the Mayor salary to $6,000, Mayor ProTem to
$5,000 and Trustee to $4,000 per year. The increases in compensation would
not be applicable to Trustees currently serving per state statute that indicates
a board can not increase or decrease the compensation during the middle of a
Trustee's term in office. An increase in compensation would have a positive
effect to expand the pool of individuals that may run for office in the future.
Trustee Blackhurst and Newsom stated the proposed increases are
reasonable and justifiable. Trustee Levine could not support the increase
during a time of recession.
Milt Garrett/Town citizen supports the increases and stated the salaries could
be higher.
Town Attorney White read the Ordinance. It was moved and seconded
(Eisenlauer/Newsom) to approve Ordinance 3-08 and it passed with Trustee
Levine voting no.
3. TOWN ADMINISTRATOR REPORT.
• A study session will be scheduled to discuss the Elkhorn Lodge
redevelopment and roadway.
• The barn survey has been completed and will be sent in the next utility bill
run.
Whereupon Mayor ProTem Pinkham adjourned the meeting at 8:26 p.m.
17
Bill Pinkham, ProTem Mayor
a•;ie Williamson, Town Clerk