HomeMy WebLinkAboutMINUTES Town Board 2007-10-23Town of Estes Park, Larimer County, Colorado, October 23, 2007
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 23rd day of October, 2007. Meeting
called to order by Mayor Baudek.
Present:
Also Present:
John Baudek, Mayor
Bill Pinkham, Mayor ProTem
Trustees Eric Blackhurst
Dorla Eisenlauer
Richard Homeier
Chuck Levine
Wayne Newsom
Greg White, Town Attorney
Randy Repola, Town Administrator
Jacquie Halburnt, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Baudek called the meeting to order at 7:00 p.m. The Estes Park Police Color
Guard presented the colors and the Mayor invited any person desiring to participate to
stand and recite the Pledge of Allegiance.
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE MEMORIAL AWARD.
Commander Kufeld presented the IACP Memorial Award to Michael Conley's son Sean
Conley. The IACP memorial project recognizes police officers that have died in the line
of duty. Mr. Conley died while serving his community during the Big Thompson Flood
in 1976.
PUBLIC COMMENT.
David Habecker/1190 Big Thompson Avenue reviewed the October 4th hearing by the
10th U.S. District Court of Appeals regarding the case between the Town of Estes Park
and Mr. Habecker.
Anne Kidwell/ 3115 Fish Creek Road requested the Town Board consider banning
polystyrene/one time use containers for commercial establishments.
TOWN BOARD COMMENTS.
Mayor Pro Tem Pinkham reminded the community of the potential risk that exists in our
community for wildfires. He stated each individual home/business owner has a
responsibility to prepare their property for a potential wildfire.
Mayor Baudek reminded the public that the Town Board meeting on November 13th has
been cancelled. He stated our thoughts and prayers are with the people and
firefighters in Southern Califomia due to the wildfires.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated October 9, 2007 and Study Session Minutes
dated October 9, 2007. Budget Study Session Minutes dated October 12,
2007.
2. Bills.
Board of Trustees — October 23, 2007 — Page 2
3. Committee Minutes:
A. Public Works, October 15, 2007:
1. Salt & Storage Tent — Additional Costs, $17,433.69.
2. Tregent Park Sidewalk - $7,500 - Budgeted.
B. Utilities, October 18, 2007:
1. Secondary Wire Trailer - $15,000 — Budgeted.
2. SCADA Sampling Building - $22,422 — Budgeted.
3. Bureau Water Main Replacement - $34,475 — Budgeted.
4. Estes Valley Planning Commission, September 18, 2007 (acknowledgement
only).
5. Estes Valley Board of Adjustment, October 2, 2007 (acknowledgement only).
6. Intent to Annex Resolution #11-07 — Kosewick Addition. Public Hearing
scheduled November 27, 2007.
7. Resolution #12-07 — Reimbursement Resolution for Mary's Lake Water
Treatment Facility Improvements.
It was moved and seconded (Pinkham/Newsom) the Consent Agenda be approved,
and it passed unanimously.
1A. PLANNING COMMISSION AGENDA (Approval of):
Mayor Baudek opened the Public Hearing for the following Consent Agenda Items:
1. CONSENT ITEMS:
A. PRELIMINARY SUBDIVISION
1. Deer Ridge Subdivision, Amended Plat of Lots 3 and 4, Skoog
Subdivision, 1825 and 1925 Homestead Lane, Paul & Katherine
M. Kochevar and John A. Skoog/Applicant. Continued to
January 8, 2008.
As there were no comments, Mayor Baudek closed the public hearing and it was
moved and seconded (Levine/Homeier) the Consent Agenda be approved,
and it passed unanimously.
2. REPORT:
Presentation of Estes Valley Development Code Block 10
Amendments — First Reading: (Town Board Public Hearing will be
held November 27, 2007). Community Development Director Joseph
reviewed the revisions:
• Section 3.1.D, Required Times for Action and Inaction -
Timeframes for action on all land -use applications may be
temporarily extended by the Community Development Director or
his designee due to the lack of adequate staff in the Community
Development Department.
• Section 3.2, Standard Development Review Procedure — An
applicant that chooses to stay on schedule could have a review of
the land -use application performed by an outside consultant
Board of Trustees — October 23, 2007 — Page 3
designated by staff and pay all fees and costs associated with the
alternative review procedure.
■ Section 4.3, Table 4-2, Base Density and Dimensional
Standards Residential Zoning Districts — Removing the
Maximum Lot Coverage column from the table. All development,
except development of one single-family dwelling on a single lot,
shall also be subject to a maximum floor area ratio (FAR) of .30
and maximum lot coverage of 50%.
■ Section 7.2.A, Grading and Site Disturbance, Applicability —
Addition of a standard that may restrict building location and
associated driveways to minimize site disturbance.
• Section 7.11.F.6, Off -Street Parking and Loading, Location,
Guest Parking —Shared driveway may not be counted toward the
guest parking requirements unless it is demonstrated the design
will not interfere with adjoining traffic movements. Guest parking
shall be located to provide convenient access to all units and shall
be dispersed throughout the site.
• Section 7.11.0.5, Parking and Loading Area Design Standards,
Basins and Drainage Facilities — All basin and drainage facilities
shall comply with the Larimer County Stormwater Control Manual,
as amended.
• Section 10.4.A.2, Lot Dimensions and Configuration - Lot width
shall comply with standards set forth in Tables 4-2 and 4-5.
Flagpole lots shall comply with Section 10.4AC, and shall be no
less than thirty (30) feet at the front lot line or seventy-five (75) feet
at the building line, or such greater width as may be required by
this Code.
■ Section 10.5.H.3, Condominiums, Townhouses, and Other
Forms of Airspace Ownership, Exemptions — Removal of
exemptions for condominium projects of two or less units.
• Appendix D.I.A, Street Design and Construction Standards,
Standards of Construction - Standards of construction not
otherwise specified hereunder shall be according to... Larimer
County Urban Street Standards and Larimer County Road
Standards, as amended.
■ Appendix D.III.B, General Site Access, Driveway Access —
General Standards - No driveway shall be so located as to create
a hazard to pedestrians or motorists, invite or compel illegal or
unsafe traffic movements, or block or alter access to adjoining
properties or uses. Where garages are used to satisfy parking
requirements, the driveway apron shall be at least twenty feet in
length unless it is demonstrated the design will not interfere with
adjoining traffic movements.
Discussion followed: Staff to correct pronouns within the proposed code
revisions; the Town would be responsible for paying the consultant upon
payment by the applicant; developer should not be required to pay
additional fee due to the lack of adequate staff; the process allows the
developer to make a choice to move forward or wait a month or two;
expressed concern with limiting building area options of a property
owner.
2. ACTION ITEMS:
1. APPOINTMENT OF JONATHAN FORD TO THE ESTES VALLEY PUBLIC
LIBRARY DISTRICT BOARD, 3-YR. TERM, DECEMBER 2010 AND RE-
APPOINTMENT OF RAY NIEDER 4-YR. TERM, DECEMBER 2011.
Board of Trustees — October 23, 2007 — Page 4
The Library requests the appointment of Jonathan Ford to the Estes Valley
Public Library District Board for a 3-year term expiring December 2010 and the
re -appointment of Ray Nieder for a 4-year term expiring December 2011. It
was moved and seconded (Pinkham/Levine) to approve the appointment of
Jonathan Ford and the re -appointment of Ray Nieder to the Estes Valley
Public Library District Board, and it passed unanimously.
2. ESTES PARK HOUSING AUTHORITY UPDATE.
Director Kurelja provided the following update on projects:
• The occupancy rate for rental properties (Talons Pointe, Pines, Cleave
Street) is 95% or better.
• The 2007 Housing Needs Assessment being performed by RRC
should be complete within the first quarter of 2008. Survey response
has been high except within the business community. A public
presentation will be scheduled once the assessment is complete.
Staff will use the information to plan future projects including how to
develop the vacant land adjacent to Talon's Pointe.
• Additional Section 8 vouchers have been received from the Loveland
Housing Authority with a total of 50 vouchers for those meeting 30% or
less of the median income level.
• Vista Ridge is complete with 48 out of 59 units sold.
• Pines project is composed of a 50/50 split of affordable senior housing
and market rate condominiums. Sales of the market rate
condominiums are slow with only one unit sold to date. The Authority
continues to look at alternate financing tools and aggressive sales
incentives.
• Statewide housing industry is changing with new home permits down
22% from 2005 and foreclosures up 70% for home less than $200,000.
Foreclosures are up 523% in Larimer County since 1997.
• The number of people served by the Authority has increased
significantly from 192 in 2002 to 519 in 2007.
• The Authority continues to reduce its financial dependency on the
Town of Estes Park.
Mayor and Trustees thanked the Housing Authority for their efforts in providing
our community with affordable housing options.
3. NET METERING POLICY.
Utilities Director Goehring reviewed Amendment 37 that requires Colorado
utilities with 40,000 customers or more to generate or purchase 10% of their
electricity from renewable sources by 2015 and establishes a standard rebate
offer for solar electricity generation equipment and a state-wide net metering
system. The Town is not subject to the Amendment; however, due to concerns
raised by the community, the Light and Power Department has researched net
metering rates. The Town has worked closely with the City of Loveland to
develop a cost neutral net metering rate that allows the customer/generator to
sell back to the utility any excess generation at the avoided cost rather than
the full retail rate. The proposed program does not offer incentives for the
addition of renewable energy equipment. The net metering rates would
change according to future rate increases from PRPA.
Base Charge
kWh charge from utility
kWh buyback paid to customer
RESIDENTIAL
$4.36
$0.0863
$0.0220
COMMERCIAL
$7.91
$0.0857
$0.0210
Board ofTrustees — October 23.30O7—Page 5
Mayor Pro Tern Hnkham questioned if Platte River Power Authority, PRPA,
purchases solar power as part ofitenergy sources. K4ayorBaudak reviewed
the energy sources used by PRPA stating solar is cost prohibitive at this time.
Public comment was heard in favor of the policy by Tom StreetA\|onopad,
Dave Ruok/2283 Eagle Cliff Road, Thomas Beck, and Jim Tawney/ 820 Fall
River Road. They also encouraged the Board to include incentives and make
alternative energy sources affordable.
Todd F9ummer/550 Aspen Avenue spoke in favor and stated the pdk9 in
generous and allows the Town'ndistribution system to act anthe generators'
battery backup. He suggested the solar power generators bepaid asurcharge
similar iothe wind energy surcharge.
Mike Mangeloen/Light and Power stated the federal government iooffering
$2.000 tax incentives through Oouamber2OO8 for the purchase of renewable
energy products, i.e. solar panels.
The Board supports the rate structure mo presented and requested staff
prepare a net metering policy to be reviewed by Committee.
4. TRANSPORTATION ALTERNATIVE STUDY.
Item continued to the November 27mTown Board meeting.
5. 3 ~ QUARTER FINANCIAL REPORT.
Finance Officer McFarland reviewed General Fund, Enterprise Fundo, Sales
Tax and Investments. Funds are operating near anticipated rates and no|en
tax continues tnincrease for the year. Investments are increasing due tosales
tax volume.
b. PUBLIC HEARING —30UQ'2O1OELECTRIC RATE INCREASE —ADOPTION
C3FORDINANCE #2O'D7.
Utilities Director Goehring reviewed the Light and Power Department Financial
Plan completed byHDREngineering and presented tnthe Utilities Committee
in January 2007. The plan recommends rate increases nf2.5% for each
consecutive year from 2008'2013 with a cumulative increase of 15.07%. The
rate increase would fund the Capital Improvement Plan (C|P)through 2O13
and includes the PWary'nLako Substation oxpanoion, increasing the substation
hnm2O MVVto 50 MVV, and the distribution system to improve and ensure
electrical system redundancy and reliability. Staff recommends increasing the
electric rate 2.5%for 2UU8. 2009. and 2010 and proceeding with the C|P as
presented. The Financial Plan and the C|P will be updated in 2010 to
establish ifadditional rate increases are needed.
Mike Oah|0zRPAreviewed the upgrades needed utthe Mag/sLake substation
and the new distribution system that will provide redundancy to the Estes
Attorney White read the Ordinance into the record. /fterfurthardiuouooion.it
was moved and seconded (Nowoon/Buon|ouer)hoapprove Ordinance #2V'
07to|noroosea|eothcrmtmnby2.5%fmr2008.3000mnd2010.mnditpnnsod
unanimously.
7. ORDINANCE #21-07 — LIGHT AND POWER — APPROVING BOND
ORDINANCE FOR IMPROVEMENTS #TTHE R@ARY'GLAKE SUBSTATION.
TownAttorney White stated the Town, acting through its Light and Power
Entorphee, is beginning the process ofupgrading the PWary'a Lake Substation
Board of Trustees — October 23, 2007 — Page 6
and rebuilding portions of its major distribution lines. The proceeds from the
sale of the Light and Power Revenue Bonds, Series 2007, will finance this
work. The Bonds are revenue bonds payable solely from revenue of the Light
and Power Enterprise, are not a general obligation debt to the Town, and do
not pledge or encumber any other revenues or property of the Town.
Ordinance 21-07 authorizes the issuance of the Bonds. The financial
parameters of the Bonds are as follows: 1) principle amount not to exceed $6.5
million; 2) interest rate not to exceed 5.25%; 3) term of the bonds not to exceed
20 years; 4) maximum annual debt services not to exceed $525,000. The
Bond Ordinance authorizes the Mayor, Town Administrator or Town Finance
Officer to make the final determination of the parameters as long as they are
not exceeded. The actual determination will depend on market conditions and
timing. It is anticipated that the Bonds will be finalized, issued, and sold in
December 2007 through an online auction. The Ordinance also sets forth the
requirements for the issuance, security and payment of the Bonds.
After further discussion, it was moved and seconded (Levine/Blackhurst) to
approve Ordinance 21-07 for the issuance of Revenue Bonds and all
subsequent budgets for the Light and Power Enterprise shall be required
to budget from revenues received by the Light and Power Enterprise
sufficient funds to pay the debt service on the Bonds, and it passed
unanimously.
8. TOWN ADMINISTRATOR REPORT.
• Public Safety Committee meeting for Thursday, October 25th has been
cancelled. Written report material will be provided for your review.
• The remaining Budget Study Sessions are scheduled for October 26th
and November 2nd from 8:30 a.m. to 11:30 a.m. in the Board Room.
Whereupon Mayor Baudek adjourned the meeting at 9:33 p.m.
n Baudek, Mayor
'ckie Williamson, Town Clerk