HomeMy WebLinkAboutMINUTES Town Board 1998-08-25‘Town of Estes Park,Larimer County,Colorado,August 25,1 998
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 25th day of August,1998.
Meeting called to order by Mayor Robert L.Dekker.
Present:Robert L.Dekker,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
John Baudek
George J.Hix
Lori Jeffrey
William J.Marshall
Also Present:Rich Widmer,Acting Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Mayor Dekker called the meeting to order at 5:30 p.m.and
requested an Executive Session to discussion Personnel and Land
Negotiations.It was moved and seconded (Hix/Doylen)the Board
enter Executive Session as requested,and it passed unanimously.
Therefore,Mayor Dekker adjourned the meeting at 5:31 p.m.to
Executive Session,advising that he would reconvene the Board at
7:30 p.m.in open session.
Mayor Dekker reconvened the meeting at 7:32 p.m.,and presented a
Certificate of Appreciation from the Mayor to Jim Ranglos for
Distinguished Service to the Town of Estes Park.Those citizens
further honoring Mr.Ranglos included:Gary Kiaphake,Randy
Repola,and Tom Brown.Suzie Blackhurst,President/Noon Rotary
presented a plaque acknowledging Jim’s Rotary Service to the
community.Mr.Ranglos acknowledged receipt.
PUBLIC COMMENT:
Alma Mix,Planning Conunission member,expressed her concern with
the lack of a full membership on the Estes Park Planning
Commission,and read a portion of the Bylaws.With a resignation
in February,1998,and the inconsistent attendance of another
member,it has proven difficult for the Commission to achieve a
quorum,and this is unfair to the citizens.Ms.Hix requested
the Mayor bring the Planning Commission to its full force and
effectiveness.Mayor Dekker responded that the Town believed the
vacancy could remain such due to the appointment of the Estes
Valley Planning Commission.However,the Town does realize the
need to fill the vacancy and the Mayor is now seeking a
replacement.
TOWN BOARD COMMENTS:
Trustee Hix presented a copy of an article regarding the Larimer
County Open Lands Board and their financial contribution to the
Town toward the purchase of the Bikie property.Additionally,
restroom construction is planned at Homestead Meadows,and the
Board is looking into a Lily Lake expansion proposal.
Board of Trustees -August 25,1998 -Page 2
CONSENT CALENDAR:
1.Town Board Minutes dated August 11,1998.
2.Bills.
3.Committee Minutes:
A.Light and Power,August 13,1998:
1.Approval of Contract with TSI for Pine Valley
Three-Phase Project.
B.Public Works,August 20,1998:
1.Lakes Estes/Wapiti Meadows Bike Trail —Acceptance
of low bid.
2.1998 Street Improvement Project,Asphalt Overlay
Portion —Acceptance of low bid.
3.Glacier Water Plant Rehab,Ph.2 —Approval of
negotiated price.
It was moved and seconded (Hix/Doylen)the Consent Calendar be
approved,and it passed unanimously.
ACTION ITEMS:
1.Estes Valley Inter-Agency Council (EVIAC)-Presentation.
Member Randy Repola presented a visual display to
acknowledge EVIAC’s collaborative effort,what they are part
of and where they are going,and reviewed their Mission and
Goal.Comments were also heard from:Lee Kundtz,Louise
Olsen,and Randy Ratliff.The EVIAC is urged the Town to
continue its link with EVIAC and appoint a replacement for
Gary Kiaphake.Mayor Dekker noted EVIAC’s wide scope of
services,adding it may be worthwhile for the Town to
appoint a replacement.
2.Ordinances #14-98 and #15-98 -Northern Colorado Water
Conservancy District (NCWCD)Inclusion.Mayor Dekker opened
the public hearing.Trustees Barker and Jeffrey each
declared a potential conflict of interest and vacated the
room.Town Attorney White reported that the Town receives
water for domestic use treatment from the NCWCD (the
managing agency).A requirement associated with usage of
this water is that all parcel users be within the boundaries
of the NCWCD.In 1968,the Estes Park Town limits were
included in the NCWCD boundary,but parcels outside the 1968
Town boundary were excluded from this process.As the Town
limits expanded,some of the developers of the annexed
parcels did not proceed with the inclusion process.As a
result,approximately 200+parcels must be added into the
NCWCD boundary.In compliance with federal laws concerning
the inclusion process,outstanding mill levy taxes
associated with these parcels must accompany the inclusion
application.Rather than punish individual parcel owners as
they had no knowledge of the mandatory inclusion,staff
believes the Town should pay the inclusion fee.There are
221 separate lots,and state law allows the inclusion
process through the adoption of an ordinance.By allowing
the Town to submit one petition for all the parcels,the
individual property owner is realizing a savings of $330 for
the NCWCD,$300 for the SubDistrict,and additional
environmental compliance costs required by the Federal
Government.Staff is recommending the Town pay the
facilities inclusion fee of $74,883.68 (a formula based on
Board of Trustees -August 25,1998 -Page 3
assessed valuation and a factor of 91%agreed to by the
NCWCD).Once all said properties are included within the
District,the District will assess property owners a yearly
1 mill levy.The SubDistrict does not assess a separate
mill levy.Attorney White confirmed that property owners do
not have an option of being included within the District.
Also at the Town’s expense,RMC has been obtained to meet
Federal environmental compliance.
Public comments were heard from:Bob Hays/will properties
above the “blue line”be assessed?Attorney White responded
in the affirmative,adding that water service may not yet be
available,but could be in the future,and that the Town is
not inferring the “blue line”will be raised above 7,850’
elevation.Nick Kane/opposes the assessment for undeveloped
property,and believes the Town may have incorrect parcel
numbers for his properties.Staff responded that with
adoption of the ordinance,the Town Board can include his
property,and water taps cannot be granted without inclusion
into the District,and that the Town obtained parcel numbers
from Larimer County.The mill levy assessment for the 221
properties will begin In January,1999.
There being no further public testimony,Mayor Dekker closed
the public hearing.Stating the Town has no choice but to
include all properties within Town limits or risk losing CBT
water,it was moved and seconded (Marshall/Baudek)
Ordinances #14-98 consenting to the inclusion in the NCWCD,
and #15-98 consenting to the inclusion into the SubDistrict
be adopted.Trustee Doylen commented that inclusion has been
required since 1968,and nonconformance would place the
Town’s CBT water in jeopardy,it is imperative the ordinance
be adopted.The motion passed with Trustees Barker and
Jeffrey Abstaining.
Trustees Barker and Jeffrey resumed their position on the Board.
3.Highway 34/36 Intersection Project.Public Works Director
Linnane advised this item is for presentation only,not
action,and offered background information.Kerry
Prochaska/PMC presented an Executive Summary for this
project.This project is proposed for 1999/2000,and the
scope includes the study and cost estimates of various
scenarios such as additional travel lanes between Hwy.7 and
the Hwy.34/36 intersection,widening and/or replacing the
Hwy.34/36 bridge,two types of pedestrian underpasses,and
miscellaneous changes to the Hwy.34/36 intersection
geometry.Preliminary Phase I construction includes the
addition of an intersection pedestrian underpass,widening
of the bridge,and adding additional travel lanes.
Preliminary Phase II includes reconstruction of the
intersection to include a standard right turn lane in lieu
of the eastbound inadequate yield lane.A Hwy.34
southbound left turn lane would be added and other various
changes to the intersection would be completed.
CDOT has budgeted $1.1 Million for this project in
1999/2000.The Town has yet to determine a budget for 1999
and beyond.Cost estimates for Phase I are:
CDOT/$1,111,000,Town/$336,000 for a total cost of
$1,446,000.Phase II cost estimates are:CDOT/$0,
Town/$310,000,for a total cost of $310,000.
Board of Trustees -August 25,1998 -Page 4
RNC confirmed that Phase I can stand on its own merit,and
they are recommending design begin January 1,1999,bid
advertising Summer of 1999,and construction in Fall of
1999,with completion by Memorial Day,2000.Phase II could
be constructed simultaneously or bid separately;however,
costs would escalated,thus the Town could realize a
savings of up to $70,000 to do both phases at the same time.
RMC confirmed that Hwy.36 would remain open to traffic
during construction.The Board expressed their appreciation
to Mr.Prochaska for his presentation.Director Linnane
advised this project will be further discussed at upcoming
budget sessions.
4.Adoption of 1997 Uniform Building Codes (continued from
August 11,1998).Acting upon staff’s request,it was moved
and seconded (Hix/Doylen)this item will be continued to
September 8,1998,and it passed unanimously.
A.Ordinance #10-98 Uniform Building Code,1997 Edition,
Volumes 1 through 3.
B.Ordinance #11—98 Uniform Code for the Abatement of
Dangerous Buildings,1997 Edition.
C.Ordinance #12—98 Uniform Mechanical Code,1997 Edition.
D.Ordinance #13—98 Uniform Plumbing Code,1997 Edition.
5.Wildfire (Homestead)Ridge Annexation.Mayor Dekker opened
the Public Hearing,and Director Stamey requested it be
continued which will provide an opportunity to prepare an
Annexation Agreement to address annexation,density,open
space,zoning,etc.It was moved and seconded (Hix/Doylen)
this item be continued to September 8,1998,and it passed
unanimously:
A.Annexation Resolution #
B.Annexation Ordinance #
C.Zoning Ordinance #
6.Ordinance #16-98 -Amending Chapter 5.20 of the Municipal
Code Pertaining to Rental of Residential Property.Gary
Kiaphake provided background information,and distributed
statistics prepared by Range Realty,Anderson Realty and
Management,Windcliff Estates,and Ponderosa Property
Management which indicated that out of the 1,580 number of
weeks booked,the number of complaints generated were very
few (7)
Attorney White gave an overview of nightly rentals and the
Zoning Code.Definition of guest unit/commercial
accommodation was clarified,grandfathering,non
conformance,and amortization were explained.An ordinance
was prepared with an effective date of January,1999.
Trustee Baudek noted that neighborhood covenants through
homeowner associations supersede the proposed ordinance,and
the ordinance does not include commercial areas.A business
license for each individual property,to include a
$50.00/license fee,would be required,and he thoroughly
reviewed each chapter of the ordinance.
Public comments were heard from:Howard Speer,Fall River
Estates (when complaints are received,inspection should
occur to provide evidence,and the proposed ordinance does
not prohibit the proliferation of short—term rental
property—should grandfather existing owners and prohibit
Board of Trustees -August 25,1998 -Page 5
additional property owners);Nick Kane (property owners
should be required to pay County and City taxes as well as
State Sates Tax);Bud Broun (resides outside Town limits,is
in favor of short—term rentals as it is a means to
own/maintain property,this ordinance in particular,isn’t
necessary);Dominick Taddonio (resides outside Town limits
fWindcliff Estates),he is a member of the EVPC,and,in
summary,opposes short-term rentals.In his opinion,the
proposed ordinance is ill-conceived,overly simplistic,and
ill advised.Mr.Taddonio requested the Board hold their
decision to adopt the ordinance in abeyance to consider any
implications and obtain input from the Planning Commission);
Lynnere Whilden (resides outside Town limits (Windcliff
Estates)and supports short-term rentals based on property
affordability and income with negligible complaints);Lynn
Young,Black Canyon Hills (opposed to changing E-Estate
zoning,and questioned the financial impact to the Town
regarding enforcement of the ordinance);and Patti Taylor
Czarnowski (protection of residents when properties begin
short-term rentals,payment of all applicable taxes,and
protection of property owner’s rights v.enforcement costs)
Trustee comments included potential effectiveness to the
proposed ordinance if the EVPC prohibits this use,and if
the Town Board agrees,the fact that this ordinance
institutes a business license under Chapter 5.20 not a
zoning ordinance,property management relative to
parameters/complaints,and revocation.
Mayor Dekker stated that the Town Board would give further
consideration to the ordinance and the testimony presented
during the meeting.No further action was taken at this
time.
7.
A.Resolution #11-98:Estes Park Substation
Refinancing Project.Attorney White reported that the
Town is in the process of moving the substation and
intends to finance the project through electric revenue
bonds.Pursuant to IRS regulations,the Board is
officially declaring its intent to reimburse itself for
the expenditures from the proceeds of tax—exempt
utility revenue bonds expected to be issued,in a
maximum principal amount of $3,000,000 which amount
includes the bonds and other future long-range
projects.It was moved and seconded (Hix/Marshall)
Resolution #11-98 be approved,and it passed
unanimously.
B.Resolution #12-98:Parcel 1,Stanley Historic
District Special Improvement District -Election.
Attorney White advised that the owners of The Stanley
Hotel approached EPURA with an idea of making public
improvements to Lot 1 for roadways and parking,which
would include the area serving Stanley Hall.A Special
Improvement District (510)could be formed for this
construction,and it would be funded by assessments
against properties within the SID.TABOR requirements
apply,and if the Resolution is passed,the ballot
question included therein could be placed on the
November 3,1998 ballot for a coordinated election with
Larimer County.Staff confirmed that the ballot
question would be voted on only by those eligible
Board of Trustees -August 25,1998 -Page 6
electors residing within the SID =Parcel 1.The
ballot question to be submitted to the electorate will
be in substantially the following form:
SHALL THE TOWN OF ESTES PARK,COLORADO,DEBT BE INCREASED UP TO
$1,950,000 WITH A REPAYMENT COST OF UP TO $2,906,800 BY THE
ISSUANCE OF SPECIAL ASSESSMENT BONDS,AT AN INTEREST RATE PER
ANNUM NOT TO EXCEED 8.00%,WITH A TERN NOT TO EXCEED 10 YEARS,FOR
THE PURPOSE OF FINANCING A CERTAIN STREET AND PARKING PROJECT,
WHICH MAY INCLUDE BUT SHALL NOT BE LIMITED TO STREET AND PARKING
LOT PAVING,CURBS AND GUTTERS,SIDEWALKS,STORM DRAINAGE
IMPROVEMENTS,STREET LIGHTING,TRAFFIC SIGNALS,AND THE EXTENSION
OF ANY NECESSARY UTILITY LINES BENEATH THE STREET,TOGETHER WITH
ALL NECESSARY,APPROPRIATE,INCIDENTAL,CONVENIENT OR APPURTENANT
FACILITIES,LAND,AND EASEMENTS IN CONNECTION THEREWITH,WITHIN
THE TOWN’S SPECIAL IMPROVEMENT DISTRICT NO.98-1;SUCH BONDS TO BE
PAYABLE SOLELY FROM REVENUE GENERATED BY SPECIAL ASSESSMENTS
IMPOSED ON PROPERTY WITHIN THE DISTRICT WHICH IS SPECIALLY
BENEFITED BY SUCH IMPROVEMENTS;PROVIDED AND IN CONNECTION
THEREWITH SHALL THE TOWN BE AUTHORIZED TO COLLECT AND SPEND THE
PROCEEDS OF SAID BONDS AND THE REVENUE GENERATED BY SUCH SPECIAL
ASSESSMENTS,AND ANY INVESTMENT EARNINGS THEREON,AS A VOTER-
APPROVED REVENUE CHANGE AND AN EXCEPTION TO ANY REVENUE OR
SPENDING LIMITATIONS WHICH MIGHT OTHERWISE APPLY,WITHOUT LIMITING
THE COLLECTION AND SPENDING OF ANY OTHER REVENUES OF THE TOWN?
It was moved and seconded (Hix/Baudek)Resolution 12-98
be approved,and it passed unanimously.
C.Resolution #13-98:Parcel 1,Stanley Historic
District -Reimbursement.Attorney White reported that
this Resolution stated the Board’s official intent to
reimburse itself for the expenditures from proceeds of
tax—exempt special assessment bonds expected to be
issued in a maximum principal amount of $1,950,000.It
was moved and seconded fHix/Jeffrey)Resolution #13-98
be approved,and it passed unanimously.
ID.Agreement with Larimer County for Election Services
-Coordinated Election November 3,1998.A standard
Agreement for Election Services with Larimer County for
the coordinated election November 3,1998 was
presented.Clerk O’Connor anticipates that the cost of
participation should be no greater than $100.00.It
was moved and seconded (Hix/Barker)the Agreement,as
presented,be approved,and it passed unanimously.
8.Acting Town Administrator’s Report:
A.Stanley Hall Preservation Project:
1.Approval of contract for water and sewer
installation,$4,129.00.
2.Approval of contract for foundation stabilization,
$7,400.00.
Mountain Plains Constructors was the lowest bidder for
both items and the bids are within budget.It was moved
and seconded f3audek/Hix)both Contracts,for a total
expenditure of $11,529.00,for the Stanley Hall
Renovation Project be approved,and it passed
unanimously.
Upon completion of all agenda items,Mayor Dekker and Trustees
expressed their appreciation to Gary Klaphake for his
Board of Trustees -August 25,1998 -Page 7
contributions and leadership to the Town of Estes Park,and noted
that the Tbwnwi11 express their appreciation at an Open House
September 1st from 3:00—5:00 p.m.at the Senior Center.The
community was invited to attend.
There being no further business,Mayor Dekker adjourned the
meeting at 10:10 p.m.Li
Vickie O’Connor,Town Clerk
El