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HomeMy WebLinkAboutMINUTES Town Board 2004-12-14Town of Estes Park,Larimer County,Colorado,December 14,2004 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 14th day of December,2004. Meeting called to order by Mayor John Baudek. Present:John Baudek,Mayor Susan L.Doylen,Mayor ProTem Trustees David Habecker Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present:Randy Repola,Town Administrator Vickie O’Connor,Town Clerk Gregory A.White,Town Attorney Absent:None 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 None. TOWN BOARD COMMENTS Trustee Jeffrey-Clark commented that at the recent NLC Conference in Indianapolis she was elected Chairman of the Small Cities Council,and Estes Park will host the Steering Committee this summer. Trustee Habecker rebutted public statements that he is turning his back to the flag as he has elected not to recite the Pledge of Allegiance. Trustee Doylen commended the Ladycat Cheerleaders in taking second at the State Finals. 1.CONSENT AGENDA (Approval of): 1.Town Board Minutes dated November 23,2004,2004. 2.Bills. 3.Committee Minutes: Utilities,December 9,2004: A.Water Tap Fee Waiver,Estes Park Salud Foundation ($16,000). *4 Intent to Annex Resolution #19-04 for Beaver Point Heights Addition;set public hearing.MOVED TO 1111105 AGENDA. *5 Intent to Annex Resolution #20-04 for Fall River Second and Third Addition;set public hearing.MOVED TO 1111105 AGENDA. *6.Re-appointments —Estes Valley Public Library District:Marshall Hesler,Sarah Walsh and Barbara Lister,4-yr.terms,expiring 12/31/08.ADDED TO 12114104 AGENDA. Board of Trustees —December 14,2004 —Page 2 It was moved and seconded (Doylen/Levine)the Consent Agenda be approved,and it passed unanimously. IA.PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for the following Consent Agenda Item, advising that if the Applicant,Public or Town Board wishes to speak to this item,it will be moved to the “Action Item”Section. 1.CONSENT ITEMS: 1.PRELIMINARY CONDOMINIUM MAPS: Riverspointe Downtown,Lots 17,18,19,&20,Hupps Addition Block 6,Town of Estes Park,Applicant:Cardinal Properties,LLC. There being no public testimony,Mayor Baudek closed the public hearing.Trustee Doylen moved Consent Item 1.1.be approved.Trustee Pinkham cited a potential conflict of interest,stating he would Abstain from voting.Trustee Newsom seconded the motion,and it passed with Trustee Pinkham Abstaining. 1.ACTION ITEMS: Mayor Baudek opened the Public Hearing for the following item: 1.BROOKSIDE ADDITION ANNEXATION REQUEST -BROOKSIDE ADDITION (740 Moraine and 825 Riverside Dr.).RESOLUTION 21-04 & ORDINANCE 8-04:Worldmark by Trendwest,Lots 1,2,and 3 and Outlot A,Timberlane Subdivision and a Tract of Land Located in the NE 1/4 of the NE 1/4 of Section 35,T5,R73W of the 6th P.M.,being a Portion of Lot 7, Summervilla Subdivision,Applicant:Trendwest Resorts.Sr.Planner Shirk presented the staff report and noted one condition prior to annexation— inclusion in the Northern Colorado Water Conservancy District prior to water service by the Town.The Board of Adjustment granted one of two variances (height),and a single-ownership development,not condominium development is proposed.The Planning Commission voted unanimously to recommend approval and there was no opposition expressed. Town Attorney White read Ordinance #8-04 and Resolution #21-04,and as there was no public testimony,Mayor Baudek closed the public hearing.It was moved and seconded (Doylen/Habecker)Resolution #21-04 and Ordinance #8-04 be approved,annexing Brookside Addition,and it passed unanimously. Mayor Baudek opened the Public Hearing to consider the following rezoning and request and P.U.D.development: 2.A.REZONING REQUEST FROM A-ACCOMMODATION TO C-O COMMERCIAL OUTLYING,ORDINANCE #9-04.Worldmark by Trendwest,Lots 1,2,and 3 and Outlot A,Timberlane Subdivision and a Tract of land Located in the NE 1/4 of the NE 1/4 of Section 35,T5,R73W of the 6th P.M.,being a Portion of Lot 7,Summervilla Subdivision, Applicant:Trendwest Resorts. AND 2.B.PLANNED UNIT DEVELOPMENT (P.U.D.).Worldmark by Trendwest PUD 04-02,Lots 1,2,and 3 and Outlot A,Timberlane Subdivision and a Tract of Land Located in the NE 1/4 of the NE 1/4 of Section 35,T5,R73W of the 6th P.M.,being a Portion of Lot 7,Summervilla Subdivision,Applicant: Board of Trustees —December 14,2004 —Page 3 Trendwest Resorts.Staff reported that a PUD is requested to facilitate a proposal to redevelop the existing 64 commercial accommodations units located on-site (Big Thompson Timberlane Lodge)into 66 accommodations units,all with kitchens. Shawn O’Donahue/Ankrom Moisan Architects gave a PowerPoint presentation of an overview of Phase I of proposed development and project phasing. Trustee Levine requested clarification on the 10’trail easement connection and Mr.O’Donahue replied that the trail easement is being provided and the surface will be gravel until such time as the Town constructs/connects the formal path.Staff clarified that the commercial lot is not included in density calculations.Town Attorney White read Ordinance #9-04 rezoning the property from A-Accommodations to C-O Commercial Outlying. Audience comment was heard from George Hockman who called attention to the official noxious weed “diffused knapweed”as seen in the presentation—it is the property owner’s responsibility to remove it. There being no further testimony,Mayor Baudek closed the public hearing. It was moved and seconded (Newsom/Pinkham)Ordinance #9-04 rezoning the property as stated above be approved,and it passed unanimously. It was also moved and seconded (Doylen/Levine)P.U.D.#04-02 be approved,and it passed unanimously. 2.ACTION ITEMS: 1.PUBLIC HEARING —2003 INTERNATIONAL CODES —ORDINANCE #7-04. Mayor Baudek opened the public hearing,and Chief Building Official Birchfield presented the following building codes for adoption: •International Residential Code (IRC) •International Building Code (IBC) •International Existing Building Code (IEBC) •International Mechanical Code (IMC) •International Fuel Gas Code (IFGC) •International Plumbing Code (IPC) •International Energy Conservation Code (IECC) Official Birchfield gave a PowerPoint presentation,adding that currently,the Town is using the 1997 Uniform Building Codes.The International Codes creates one Code for uniformity throughout the nation.Three model code groups began their work 10 years ago;they are now named the International Code Council (ICC);and the codes are more flexible as they allow for alternate materials.The Codes have been endorsed from national,state and federal agencies;Colorado State has now adopted the IPC;and Larimer County has adopted all seven codes.The IRC is a new concept and serves as a stand-alone code for single-family homes.Staff was proactive with local designers and builders by conducting several workshops and code copies were placed at the Library.Pursuant to various public concerns,staff prepared associated amendments and all were presented to the Community Development Committee.The amendments represent over 80%consistency with Larimer County and over 10%consistency with local regulatory agencies.The Committee recommended approval November 4th• Board of Trustees —December 14,2004 —Page 4 Town Attorney White read Ordinance #7-04 adopting all seven International Codes listed above and clarified that the emergency clause has been included to provide for a January 1,2005 effective date. Public testimony in support of the code adoption was heard from Steve Lane/Basis Architecture and Bill Van Horn.Mr.Van Horn did,however,urge the Board not to impose wood burning restrictions over the 7,000’elevation as included in staffs amendment,thereby remaining consistent with the County. Public testimony opposed to the IPC was heard from Ron Lord,representing the Uniform Plumbing Code.Larry Pettyjohn/Estes Park Plumbers commended Bldg. Official Birchfield for his effort in meeting with the local building trade;however,he expressed concern with national homebuilders and their affect on the International Code Council. Birchfield stated that the ICC had no vested interest and their goal in preparing the I- Codes was to protect the community.Cheri Pettyjohn added that she was aware of only 2 local plumbers that support the IPC. Tom Atkins/Atkins Electric spoke in favor of the state electrical inspector,requesting the Town not proceed with plans to conduct electrical inspections in-house.Mr. Atkins was advised that electrical inspections are a separate issue,not contained in this ordinance,and when appropriate,it will be discussed at a Community Development Committee meeting. There being no further testimony,Mayor Baudek closed the public hearing.It was moved and seconded (Jeffrey-Clark/Levine)Ordinance #7-04 be adopted, striking Item 8 ‘wood burning emission standards’,Exhibit A,pgs.20 and 21, Section RI 003.1.1.,(as contained on Pg.2 of Official Birchfield’s memorandum), officially changing the name of the department from Protective Inspection to the Building Safety,and correcting Section 103.2 Appointment,Exhibit D to read:“The Director of Community Development shall appoint the code officiaL”The motion passed unanimously,and the Board praised Bldg.Official Birchfield for a job well done. 2.REAPPOINTMENT:ESTES VALLEY PLANNING COMMISSIONERS.Mayor Baudek requested re-appointment of Richard E.Homeier and Edward Pohi to the Estes Valley Planning Commission for 4-yr.terms,expiring 12/31/08.It was moved and seconded (Pinkham/Levine)Commissioners Homeier and PohI be re appointed,and it passed unanimously. 3.LIQUOR LICENSING:TRANSFER OF OWNERSHIP FROM SANG &INJA PARK TO OCT INTERNATIONAL CORPJWOOSEONG KIM,dba MOUNTAIN DEW LIQUOR.Town Clerk O’Connor presented the Transfer of Ownership Application for Mountain Dew Liquor.Mayor Baudek stated the Board takes liquor licensing and adherence to the Liquor Code very seriously,particularly enforcement against sale to minors.Mr.Kim was in the audience and confirmed that required TIPS training has been scheduled December 27 It was moved and seconded (Doylen/Habecker)the Transfer of Ownership application be approved,and it passed unanimously. 4.RECALL PETITION —RESOLUTION #22-04 SETTING SPECIAL RECALL ELECTION.Town Clerk O’Connor confirmed that petition signature verification (based on the Larimer County Voter Registration Records)was completed December 2,2004,as follows: •The Recall Petition,requesting the recall of Trustee Habecker was submitted November 24,2004. •The Recall Petition contained a total of 246 signatures. Board of Trustees —December 14,2004 —Page 5 •Two hundred eighteen (218)signatures were verified. •A Written Determination that the Recall Petition was Sufficient was issued December 2. Therefore,based upon the above findings,the Recall Petition was officially declared sufficient and it was presented to the Town Board.The Board must set a date for election (on any Tuesday)not less than 30 days nor more than 90 days from today’s submittal date. The Special Recall Election will include replacement candidates,and candidate nomination petitions will be available 12/15/04.Town Attorney White read Resolution #22-04 setting the Special Recall Election date of Attorney White confirmed that Trustee Habecker could legally participate in discussion and vote. Discussion followed on the election date,and audience comments were heard from Ken Coleman (encouraged an election date as soon as possible),and Jim Tawney (delay until the last possible date). Trustee Levine moved #22-04 be approved calling for a special recall election on February 15,2005.Trustee Pinkham seconded the motion,and it passed with Trustee Habecker voting ‘No”. Trustee Doylen remarked that the recall action is damaging and divisive to the community,and Trustee Habecker commented on his obligation to the 218 residents that signed the recall petition. 4.2004 BUDGET —SUPPLEMENTAL BUDGET RESOLUTION #23-04.Town Administrator Repola briefed the Trustees on the standard supplemental budget resolution.Attorney White read the Resolution,and it was moved and seconded (Habecker/Levine)Resolution #23-04 be approved,and it passed unanimously. 5.TOWN ADMINISTRATOR’S REPORT. A.Personnel.Finance Officer Brandjord has submitted his resignation and his last day of employment with the Town is January 7,2005. B.Sales Tax Report.The report indicates a 10.64%increase for October.Of the twelve categories,the general merchandize (retail)and automotive groups did not indicate an increase. Following completion of all agenda items,Mayor Baudek noted that the next regularly scheduled Town Board meeting is January 11,2005,and he adjourned the meeting at 10:03 p.m. John BaLidek,Mayor Vickie O’Connor,Town Clerk 5 El S