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HomeMy WebLinkAboutMINUTES Town Board 2003-12-09Town of Estes Park,Larimer County,Colorado,December 9,2003 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park,Larimer County,Colorado.Meeting held in the Municipal Building in said Town of Estes Park on the 9th day of December,2003. Meeting called to order by Mayor John Baudek. Present:John Baudek,Mayor Susan L.Doylen,Mayor ProTem Trustees Jeff Barker Stephen W.Gillette G.Wayne Newsom Also Present:Rich Widmer,Town Administrator Vickie O’Connor,Town Clerk Gregory A.White,Town Attorney Absent:David Habecker and Lori Jeffrey-Clark,Trustees Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Mayor Baudek reported that he directed staff to review a vicious dog ordinance that could change or prohibit pit bull dogs.In 1998,79 vicious dog bite deaths were reported,27%of which were attributed to pit bulls.Information will be presented to upcoming Public Safety Committee meeting. 1.CONSENT AGENDA (Approval of): 1.Town Board Minutes dated November 25,2003. 2.Bills. 3.Committee Minutes: A.Community Development,December 4,2003: Community Development Dept.: 1.JANCO Properties of Estes Park,Third Revised Development Agreement —to allow ownership of individual units. Special Events Dept.: 1.Estes Park Marathon/Race Event scheduled June 20,2004 — Approval of Race Route. 4.Estes Park Housing Authority,October 8 and November 12,2003 (acknowledgment only). 5.Estes Valley Board of Adjustment,December 2,2003 (acknowledgement only). Board of Trustees —December 9,2003 -Page 2 6.Estes Valley Planning Commission,November 18,2003 (acknowledgement only). It was moved and seconded (Doylen/Gillette)the consent agenda be approved,and it passed unanimously. IA.PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all Consent Agenda Items. 1.CONSENT ITEMS: 1.PRELIMINARY &FINAL CONDOMINIUM MAP. A.Stanley Avenue Condominiums,Lot 32B of the Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32,33,34,35, and Portions of Lots 1,31,and 37,White Meadow View Place Addition;Don Darling/Applicant. 2.REZONING &PRELIMINARY SUBDIVISION PLAT: A.Mangelsen Subdivision,a Portion of Lot 32,Bonnie Brae Addition,and Lot 4,Habitat Subdivision,Habitat for Humanity of Estes Valley,Inc./Applicant. There being no public comment,Mayor Baudek closed the public hearing and it was moved and seconded (Doylen/Barker)Items l.A.and 2.A.be approved,and it passed unanimously. 2 ACTION ITEMS: Mayor Baudek opened the Public Hearing: A.Intergovernmental Agreement (IGA)between Larimer County and the Town of Estes Park —Proposed Amendment.The current IGA provides for five members on the Board of Adjustment—three appointed by the Town and two appointed by the County.The proposed amendment is designed to provide for a single alternate member who would be able to fill-in for any absent member.The alternate could reside anywhere within the “valley”and would be appointed jointly by the Town and County.Both entity attorneys and staff have reviewed the IGA amendment. B.Estes Valley Board of Adjustment Bylaws — Supplemental Rules of Procedure.The Board of Adjustment has been operating without bylaws since its inception in 2000.The proposed bylaws provide clarity in terms of how meetings are managed,votes taken and general rules of procedure.Mayor Baudek requested the word “staff’be deleted from Item I .B.—Work Session. It was moved and seconded (Newsom/Gillette)the Amended IGA between Larimer County and the Town, and the Supplemental Rules of Procedure for the Estes Valley Board of Adjustment be approved,and it passed unanimously. Board of Trustees —December 9,2003 -Page 3 C.Development Review Fee Increase,Phase I —Revision to Community Development Policy Manual.Community Development Dir.Joseph reported on the Development Review Fee Schedule with an effective date of January 1, 2004.The two-phase proposal would amend the Community Development Policy Manual and the second phase would be implemented in 2005.Waivers may be requested by deserving non-profits and public entities.New items include: •Town Attorney billings to the applicant for his time on reviews have been eliminated,and Town Attorney time will now be billed to the Town and paid for out of the General Fund account to which these fees are being paid. •All fees are due at the time of submittal. •There is no fee attached for pre-application conferences. •Rezoning fees are $750.00. Added PUD to Development Plan fees.Total PUD fees are based on the cumulative amount of all applicable review steps listed on the fee schedule. •Records fees must be paid by the applicant at the time of recording. •Refunds for work not performed are subject to the approval of the Community Development Dir.The Director’s decision may be appealed to the Community Development Committee,and all requests for refunds must be made in writing. Dir.Joseph confirmed that a percentage basis,not an hourly formula,would be applied to refund requests.Additionally, as discussed previously during budget meetings,all fees would double in 2005 for 100%cost recovery.Town Attorney White confirmed that there is no charge to a landowner for annexation when the Town,not the landowner,is pursuing annexation. Hearing no further testimony,Mayor Baudek closed the public hearing.It was moved and seconded (Gillette/Doylen)the Community Development Application Review Fee Increase (effective 01101104) revising the Community Development Policy Manual,be approved until further action by the Town Board.Staff is to present the fee schedule for further Town Board review at year’s end (2004)and not automatically implement Phase II. Trustee Barker stated that he would not support the motion as he believes the Community Development Dept.(with minor fees)should be funded by the General Fund.The “community will”is imposed on individual property owners, thus the “community”should fund the process.Those voting “Yes”Trustees Doylen,Gillette and Newsom.Those voting “No”Trustee Barker. Board of Trustees —December 9,2003 -Page 4 2.ACTION ITEMS: 1.2003 BUDGET SUPPLEMENT RESOLUTION #18-03.Finance Officer Brandjord reviewed the resolution,and it was moved and seconded (Barker/Doylen)the 2003 Budget Supplement Resolution #18-03 appropriating $93,095 for the Building Authority be approved,and it passed unanimously. 2.A.LIGHT &POWER DEPT.2003-2008 FINANCIAL PLAN (Draft) PRESENTATION.Public Works Dir.Linnane introduced John Gallagher/Black &Veatch who presented the Executive Summary and Cash Flow Analysis Tables highlighting the financial goals and capital improvement projects of the Light and Power Dept.A 3.9%rate increase in 2005 through 2008 is being recommended to realize established goals and projects.The plan stabilizes the Light and Power Enterprise Fund in terms of its fund balance and will assure funding is adequate to maintain and upgrade the electric system.The 2003 and 2004 revised budget figures were incorporated into the Financial Plan. Following a question and answer period,Mr.Gallagher confirmed Estes Park is still one of lowest quartile electric utilities in the state.There were no audience comments,and Town Attorney White confirmed that at this time,Town Board action would be accepting the report,not the rate increase.Thus it was moved and seconded (Newsom/Gillette)the 2003-2008 Financial Plan be accepted, and it passed unanimously. B.WATER DEPT.2003-2008 FINANCIAL PLAN AND RATE STUDY (Draft) PRESENTATION.Mt.Gallagher also presented the Final Draft of the Water Dept.Rate Study.A 2.9%rate increase extension is being proposed for 2007 and 2008 and additional revenues from the extension will assist in funding capital improvements for the water treatment and distribution systems.Many of these capital projects are necessary due to the ever-changing and rigorous water quality parameters mandated by the EPA.The estimated 2004 fund balance is approximately $1 Million,and this fund increases to a projected $2 Million by 2008.The proposed rates will help finance the 5-year Capital improvement Plan.Additionally,the 2008 fund balance will assist in the funding of the future Marys Lake Water Treatment Plant expansion,estimated at $3.5 Million.This expansion is necessary due to anticipated increased water demand and stringent water quality requirements.Alternative B is recommended that includes eliminating the 2,500-gal.volume allowance in the service charge in 2007 and 2008.A data sheet listing the typical single-family monthly bills in Loveland,Estes Park,Longmont,Greeley,Berthoud and Erie was distributed, and Estes Park was the second lowest.Following additional discussion,it was moved and seconded (Barker/Gillette)the Water Dept.2003-2008 Financial Plan and extension of the 2.9%water rate increase through 2008 be accepted,and it passed unanimously. 3.PUBLIC HEARING:NEW HOTEL &RESTAURANT LIQUOR LICENSE APPLICATION FILED BY SEABEAR,INC.(Joe &Nadine Fichera),dba ESTES DELI &CATERING CO.,361 S.ST.VRAIN AVE.Mayor Baudek opened the Public Hearing,and Clerk O’Connor presented the Application, confirming that required T.I.P.S.Training is not yet scheduled.Mr.Fichera addressed the Board and commented on their recent relocation and desire to serve evening meals.Trustee Barker stated that the Town Board takes liquor licensing very seriously,particularly with the youth;if the licensee is found in violation of the Liquor Code,serious repercussions may result.There being no further testimony,Mayor Baudek closed the Public Hearing.Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood Board of Trustees —December 9,2003 -Page 5 are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license,and it was moved and seconded (Newsom/Gillette)the Hotel and Restaurant Liquor License Application for Seabear,Inc.,dba ESTES DELI &CATERING CO.be approved,and it passed unanimously. 4.PUBLIC HEARING:NEW TAVERN LIQUOR LICENSE APPLICATION FILED BY AGAPEMOU,LTD.(Anastasis Keramidis,dba KELLI’S,110 W. ELKHORN AVE.(second floor).Mayor Baudek opened the Public Hearing, and Clerk O’Connor presented the Application,confirming that required T.I.P.S. Training was completed November 20th Mr.Keramidis addressed the Board and commented on his plans for a non-smoking,dancing environment for those over 21 years of age.Trustee Barker stated that the Town Board takes liquor licensing very seriously,particularly with the youth;if the licensee is found in violation of the Liquor Code,serious repercussions may result.There being no further testimony,Mayor Baudek closed the Public Hearing.Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license,and it was moved and seconded (Doylen/Gillette)the Tavern Liquor License Application for Agapemou,Ltd.,dba KELLI’S be approved,and it passed unanimously. 3.APPOINTMENTS/RE-APPOINTMENTS.Mayor Baudek announced the following appointments and re-appointments and requested they be approved: ESTES VALLEY LIBRARY DISTRICT: Re-appointment:Julie Parker,4-yr.term,expiring 12/31/07. MUSEUM ADVISORY BOARD: Re-appointments:Gene Oja and Nancy Schiaffo,4-yr.terms, expiring 12/31/07 PLATTE RIVER POWER AUTHORITY: Reappointment:Bill Linnane,4-yr.term,expiring 12/31/07 It was moved and seconded (Doylen/Newsom)the appointments listed above be approved,and it passed unanimously. CONVENTION &VISITORS BUREAU MARKETING BOARD:Mayor Baudek read the CVB Mission Statement,and requested the following be appointed to 9 mo.initial terms,from 01/01/04 through 09/30/04: Bill Almond/Full Service Accommodations Cory Blackman/Limited Service Accommodations Jim Chappell/Transportation Doria Eisenlauer/Ambassador Bruce Grant/Business Services Ed Grueff/Restaurants Paul Holgorsen/Retail Jerry Indermuehle/Cultural Arts Lee Lasson/Media Internet Steve McFarland/Professional Services Nick Molle’/Media Television Kathy Palmeri/Campgrounds/Colo.Tourism Office Sue Doylenrrrustee -Chairman. Board of Trustees —December 9,2003 -Page 6 Audience comments were heard from Charlene Westfield/President Brd.of Directors/Chamber of Commerce who congratulated selection and questioned staffs recruitment efforts.Mayor Baudek confirmed that the CVB’s meetings will be opened to the public.Concluding discussion,it was moved and seconded (Newsom/Gillette)the CVB Appointments listed above be approved,and it passed unanimously. 4.ORDINANCE #20-03 —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 Widmer reported that the Town adjusts the salaries of the Municipal Judge an Court Clerk every other year;the Ordinance proposes an increase for the Judge’s salary from $17,037/yr.to $18,741/yr.and the Court Clerk’s salary from $8,810/yr.to $9,691/yr.Attorney White read the Ordinance,and it was moved and seconded (Gillette/Doylen)Ordinance #20-03 be approved,and it passed unanimously. 8.TOWN ADMINISTRATOR’S REPORT. A.Rooftop Rodeo Award.The Rooftop Rodeo Committee has been awarded the 2003 Small Rodeo Committee of the Year.A formal presentation is scheduled ill 3,04. 9.REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(e),C.R.S.—Determining positions relative to matters that may be subject to negotiations,developing strategy for negotiations,and/or instructing negotiators,and 24-6-402f4)(f),C.R.S.—Discussion of personnel policies that do not require discussion of matters personal to particular employees. Motion:Trustee Newsom moved the Town Board go into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations,developing strategy for negotiations,andlor instructing negotiators,under C.R.S. Section 24-6-402(4)(e)and Section 24-6-402(4)(f)for discussion of personnel policies that do not require discussion of matters personal to particular employees.Trustee Gillette seconded the motion and it passed unanimously. Whereupon Mayor Baudek adjourned the meeting to Executive Session at 8:11 p.m. Mayor Baudek reconvened the meeting at 8:27 p.m.and noted that due to the upcoming holiday season,the Town Board meeting scheduled December 23,2003 has been cancelled. Following completion of all agenda items,Mayor Baudek adjourned the meeting at 8:27 p.m. ohn Baudek,Mayor Vickie O’Connor,Town Clerk