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HomeMy WebLinkAboutMINUTES Town Board 2004-10-12Town of Estes Park,Larimer County,Colorado,October 1 2,2004 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 1 2th day of October,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 presented a Proclamation to Anne Slack,PT/Mountain Physical Therapy,PC,acknowledging the month of October as Physical Therapy Month in Estes Park. PLEDGE OF ALLEGIANCE.All desiring to do,recited the Pledge of Allegiance. PUBLIC COMMENT Richard Clark advised that he is starting a Recall Petition seeking the recall of Trustee Habecker adding that (in summary)now is not the time nor place to disrespect the American Flag,and comments from others in support of the recall were heard from Ken Coleman,Al Sager,Walt Van Lue,and Ron Lint.Comments in support of Trustee Habecker exercising his constitutional rights were heard from Warren Donahou. TOWN BOARD COMMENTS Trustee Habecker addressed the issues of his protest to the Pledge and the subsequent Recall Petition—in summary,his protest has nothing to do with disrespect for the flag,fellow board members,community or any religion;his protest concerns the unconstitutional religious test that the Pledge of Allegiance becomes with the addition of the words “under God.” Trustee Jeffrey-Clark read aloud a commentary on the Pledge of Allegiance by Red Skelton,adding that this is the wrong time and place and the Town Board represents everyone in the community. Mayor Baudek read aloud the Oath of Office for Estes Park Elected Officials,raising the question—has Trustee Habecker violated this oath?;we talk about freedom,is it freedom when some say if we don’t do what we want,that person will be ostracized? Americans should be teaching constitutional rights—they are very sacred. 1.CONSENT AGENDA (Approval of): Board of Trustees —October 12,2004 —Page 2 Town Board Minutes dated September 28,2004,and Town Board Budget Study Session,October 1,2004. 2.Bills. 3.Committee Minutes: A.Community Development,October 7,2004: Special Events: 1.2004-2005 Rooftop Rodeo Committee Appointments. Community Development: 1.Building Permit Fees (Town Board Budget Study Session 10/1 & Community Development Comm.10/7). 4.Estes Park Housing Authority,September 8,2004. It was moved and seconded (Doylen/Newsom)the consent agenda be approved, and it passed unanimously. 2.ACTION ITEMS: A.C.V.B.MARKETING BOARD. •Reconition Ceremony.Mayor Baudek and Business Development Director Picketing conducted a Recognition Ceremony for current CVB Board Members acknowledging the completion of their assignment in laying the foundation for the CVB and implementation thereof. Certificates of Appreciation and pen gift sets were presented to all members (13).Mayor Baudek stated that CVB members worked very rigorously,and their professionalism and enthusiasm were outstanding. Peggy Campbell and Don Widrig also were significant members of the team and they,along with CVB staff members,were also commended. •Mission Statement.The Mission Statement for the operation of the CVB was presented for approval: “To support and improve the economic strength and well being of our community with the year-around promotion of visitation, tourism,and conferences through comprehensive communications, special events,group sales,and visitor services programs.” It was moved and seconded (Doylen/Habecker)the Mission Statement be approved,and it passed unanimously. •Complaint Policy.CVB is taking a leadership position in promoting and supporting tourism and they expect to be called upon to intercede in conflicts between customers and businesses.Following is the Customer Complaint Policy upon receiving a customer complaint to the CVB or Town official: 1.Send a letter personally signed by the Mayor acknowledging their complaint and an apology,if applicable. 2.Copy the complaint and Mayor’s response to the Business. 3.Request the Business to respond to the customer and copy said response for the CVB for record-keeping purposes. 4.Include contact information for the local Better Business Bureau in the Mayor’s letter. Following clarification,it was moved and seconded (Pinkham/Doylen) the Complaint Policy be approved,and it passed unanimously. Board of Trustees —October 12,2004 —Page 3 APPEAL TOWN BOARD CONDITIONS OF APPROVAL FOR BEAR CREEK CONDOMINIUMS -GERALD MAYO/SRG PROPERTIES,LLC. Community Development Dir.Joseph reported the Applicant and staff were able to reach an understanding,and he summarized the staff report: 1.The Applicant shall complete construction of an 8’-wide concrete bike trail.The trail shall be built to Town standards and design shall be approved prior to construction.The Subdivision Improvement Agreement with attached cost estimate shall be signed prior to recordation of the map.The accompanying financial guarantee,e.g.Letter of credit,shall be submitted prior to issuance of a building permit for Lots 62A or 59A,Amended Plat of Tracts 59,61,62 and 63,Fall River Addition.If the Town trail connect to the Bear Creek lot prior to construction of units on Lots 62A or 59A,the Applicant will be requited to construct the section of trail on the Bear Creek property at the time a connection is made. 2.The Subdivision Improvement Agreement with attached cost estimate shall be signed prior to recordation of the map.The accompanying financial guarantee shall be submitted prior to issuance of a building permit for additional construction of the Beat Creek lot. Staff clarified construction standards for the bike trail and reasoning supporting the 8’wide path and site-specific decision-making involved, and confirmed that staff will remain involved in the project to ensure construction consistency with adjoining parcels.It was moved and seconded (Doylen/Newsom)both revised conditions described above be approved,and it passed unanimously.Mayor Baudek expressed the Board’s appreciation to staff for their approach and that negotiations worked out favorably for all parties. C.LIQUOR LICENSING:TRANSFER OF OWNERSHIP FROM SYPHER PARTNERSHIP,LLP (formerly the Bistro)TO THE GREAT DIVIDE RESTAURANT CORP.,dba HUNTERS SMOKEHOUSE,401 S.ST. VRAIN AVE.,HOTEL &RESTAURANT LICENSE.Town Clerk O’Connor presented the Transfer of Ownership Application and confirmed the application was filed 9/27/04;all necessary fees and hearing costs have been received;the Applicant is filing as a corporation;a police report with regard to the investigation of the Applicant was provided in the Town Board packet;and the Applicant is in receipt of a T.I.P.S.training certificate that expires 8/23/06.It was moved and seconded (Pinkham/Levine)the Transfer of Ownership Application be approved, and it passed unanimously. D.MISCELLANEOUS APPOINTMENTS —TOWN ADMINISTRATOR. Mayor Baudek requested approval of the following appointments: A.Randy Repola —Building Authority,completing 3-year term vacated by Rich Widmer;term expires 1/01/06. B.Randy Repola —EPURA,completing 5-yr.term vacated by Rich Widmer;term expires 9/14/05. It was moved and seconded (Doylen/Habecker)Randy Repola be so appointed,and it passed unanimously. Board of Trustees —October 12,2004 —Page 4 E.TOWN ADMINISTRATOR’S REPORT. A.PRCA has again nominated the Rooftop Rodeo Committee for the Small Rodeo Committee of the year. B.Calendar notes: a.The Budget Study Session planned 10/15 has been rescheduled;the two remaining budget meetings will be held 10/22 and 10/29,from 8:00 - Noon.Notebooks will be available in the near future. b.The CML District 2 Meeting and dinner will be held 10/21 Following completion of all agenda items,Mayor Baudek noted that the Town Board meeting scheduled December 28,2004 has been cancelled,and he adjourned the meeting at 8:02 p.m. 6%ohn Baudek,Mayor LL Vickie O’Connor,Town Clerk E