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HomeMy WebLinkAboutMINUTES Town Board 2007-09-11Town of Estes Park, Larimer County, Colorado, September 11, 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 1 1 th day of September, 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 Town Attorney White 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. and invited any person desiring to participate to stand and recite the Pledge of Allegiance. PUBLIC COMMENT. David Habecker/1100 Big Thompson stated although he did not stand during the Pledge, he considers himself an American, a patriot and a defender of the Constitution. He stated it is not proper for the Town to begin the Town Board meetings with the Pledge of Allegiance. Mayor Baudek responded stating the Board has not entered into a tacit agreement, i.e. unspoken approval, by not responding or commenting on the views or comments made by Mr. Habecker. TOWN BOARD COMMENTS. Trustee Blackhurst reminded the public that the Public Works Committee would meet Thursday at 8:00 a.m. in the Town Board Room. Mayor Baudek thanked Dr. Durward and his staff for an exceptional effort during the 31st annual Longs Peak Scottish/Irish Highland Festival. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated August 28, 2007. 2. Bills. 3. Committee Minutes: A. Community Development, September 6, 2007. CVB a. Catch the Glow Parade Letter of Understanding. b. Resolution #09-07 - Surprise Sale Days, October 6 & 7, 2007. c. Policy Manual Update — 2008 CVB Stakeholder Rates. 4. Motion to set a public hearing date of October 9, 2007 on proposed rate changes for Water customers. Board of Trustees — September 11, 2007 — Page 2 5. Motion to set a public hearing date of October 23, 2007 on proposed rate changes for Light and Power customers. It was moved and seconded (Newsom/Pinkham) the Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. RE -APPOINTMENT OF JOHN ERICSON TO THE ESTES PARK URBAN RENEWAL BOARD, 5-YR. TERM, SEPTEMBER 2012. Director Smith and Chairman Swank requested the re -appointment of John Ericson to the Estes Park Urban Renewal Authority for an additional 5-year term expiring September 2012. It was moved and seconded (Levine/Eisenlauer) to approve the re -appointment of John Ericson to the Estes Park Urban Renewal Authority. Mayor Baudek thanked Mr. Ericson for serving the community. 2. CONVENTION AND VISITOR BUREAU LANDSCAPING. Supt. Mahany informed the Board this item was to be done in-house; however, with current staffing levels the work could not have been completed until late October or November. Therefore, staff contacted several landscape companies for bids with the understanding that the Town would provide the soil, mulch, boulders, and irrigation drip parts for a cost of $14,500. Staff recommends accepting the bid from M. Atkins Inc. at a cost of $36,110 for plant material, labor and a 1-year warranty. This proposal does not include the additional grass and perennials that would be planted during the spring in 2008. Slight modifications have been made to the initial plan including the elimination of some plant material to increase sight visibility and the removal of all cottonwoods. The project will commence upon completion of the curb and gutter and is scheduled to be complete within 30 days. David Habecker/1100 Big Thompson stated it is difficult to complete landscaping in Estes Park and the developer is required to have an improvement guarantee with the Town during the entire process. It was moved and seconded (Pinkham/Levine) to approve a contract with M. Atkins Inc. for the completion of the CVB landscaping at a cost of $36,110 and to purchase in-house materials at a cost of $14,500 from account #204-5400-544-35-60, and it passed unanimously. 3. SHEPHERD OF THE MOUNTAINS LUTHERAN CHURCH - DEVELOPMENT & BUILDING FEE WAIVER REQUEST. Dir. Joseph stated the request is for development and building fee waiver in the amount of $10,362. The Town has a policy to allow non -profits to request a fee waiver. Staff recommended denial for the request as the Town has not approved a waiver for a church in the past and could establish an open-ended precedent. Staff completed an informal survey of other municipalities' policy on granting fee waivers and six of the ten communities that responded do provide fee waivers for non -profits. However, most municipalities do not have a formal written policy and have a history of waiving fees for affordable housing. None of the municipalities that responded have granted waivers to churches. Dir. Joseph reviewed a policy statement presented to the Community Development Committee in 2002 that states the following entities may be exempt from building department fees: 1) public funded government construction (federal, state, county, local); including 2) tax districts / special districts (hospital, library, parks and rec., etc.); 3) certain private non-profit Board of Trustees — September 11, 2007 — Page 3 organizations (Health care providers, assisted living centers, low income housing, etc.). Dan Mangler/Pastor of the Shepherd of the Mountains Lutheran Church stated the church is a worthy non-profit eligible for the waiver of the fees. The church is an asset to the community as it supports many non -profits with the congregation providing over 10,902 volunteer hours per year. The church looks forward to doing more for the community once they have their own building. Paul Richard/Congregation President encouraged the Board to adopt a policy that would be unambiguous for the decision -making body. He asked the Board to consider the request stating the fee waiver would impact the mortgage of the building. David Habecker/1100 stated the Constitution states government should neither hinder nor help the free exercise of religion. Mayor ProTem Pinkham commented the agencies the Town has provided waivers for in the past have served all sectors of the population regardless of age, race or religion. He would encourage the Board to maintain the current policy. Trustee Blackhurst agreed the fee waivers should be considered for nondenominational community based organizations. After further discussion, it was moved and seconded (Pinkham/Blackhurst) to deny the fee waiver request for the Shepherd of the Mountain Lutheran Church, and it passed unanimously. The Board requested staff clarify the entities eligible for a fee waiver and present the policy to the Community Development Committee for consideration. 4. FIRE DEPARTMENT SERVICE AREA OUTSIDE TOWN LIMITS - LARIMER COUNTY INTERGOVERMENTAL AGREEMENT (IGA) & FEE SCHEDULE. Administrator Repola provided background on the two fire district elections held in 2004 and 2006 and the Fire Department's expenses and budget. Staff has been researching other methods to offset the cost of providing emergency services throughout the Estes Valley. An Intergovernmental Agreement (IGA) between the Town of Estes Park, Larimer County and the Larimer County Sheriff was approved by the County Commissioners on August 28, 2007 for fire services in the unincorporated portions of Larimer County within the Estes Valley. The Agreement provides authority to the Town to enter into agreements for fire service or to charge the actual costs associated with services provided by the Estes Park Volunteer Fire Department. In addition, the IGA combines all agreements between the Town and County for wildland, structural and other emergency services to areas outside town limits. An overview of Fire Department services and fee structure for properties outside town limits was reviewed and summarized: • Fire Department Expenses vs. Revenues o Expenses have Increased the Past 8 Years o Rate of Sales Tax Growth Slower with an Increase in the Cost of Public Safety • Intergovernmental Agreement with Larimer County o Wildland Fires o Structure Fires o Other Emergency Services o Estes Park Volunteer Fire Dept. will Continue to Respond to all Calls for Service in the Response Area • Charges Applied to Properties Outside Town Limits Board ofTrustees — September 11.20V7—Page 4 n Property Owner Charged per Call without Subscription Fee Paid " Apparatus Charge � Personnel Charge n Subscription Fee of$130per Dwelling Unit orBusiness Address • Implementation o Subscription Fee Paid Annually n Recommend Start Date ofJanuary 1.2008 ° Fire Department Budget n Accounting/Tracking ofFees o Subscription Fees hubeAttributed toFire Dept. Budget o Adoption of a "Special Review" Fund Separate from General Fund—SopanatoR*strictodFundBa|anoe Tmukeo Buonauor questioned if the Town would decrease funding of the Fire Department if the proposed fee oohodu|a is approved. Administrator Ropo|a stated the Town is requesting an increase in the Fine Department budget for 2008 to purchase a new fine engine. He does not anticipate the Town decreasing funding as the Department ioin need of replacing infrastructure. Public Comment Those speaking in favor of the |GA and fee proposal included Fred Ooy/3738 Aspen Valley Rd., David Habaokar/1100 Big Thompson Ave. and Bud Uuryea/3417 Eagle Cliff Or. There is no justification for the Town to provide fino protection tothe property owners outside town limits. Suggestions were made that the Bound consider a fee structure that would account for commercial pnoportioo, condominiums and apartment structures. The Town should codify their contribution to the Fire Department at 596 of sales tax revenues. The oubauhpdnn provides u reliable funding source for the Fire Department. Those speaking in opposition Vothe |GAand the fee pnuponu| included Alan [NiUen27OOEagle Rock Dr. and Linda MoCmery/2725Devils Gulch Rd. Those living outside town limits support the Fine Department through sales tax. The fee should boequal tothe Town'smill levy. The plan should betabled until an equitable solution can be found with a guarantee that all funds go directly to the Fire Department. Dorothy Dorman appreciates the oObrto of etuO and the Board for addressing Administrator Repu|aaddressed quondono/cmnuennnnaioed: recommend each dwelling unit would be charged a base fee on the existing structures on a lot and multi -family and condominium developments would be a000aeed $130 per unit volunteer firefighters living within the county would not be charged the subscription fee or fee for service; dive rescue smmim»o would not be charged m separate fee for service; the past fire district election was organized by homeowners in the county not the Town; the approval of the |GA does not implement fee schedule; the |GA provides a mechanism for the Town to develop afee schedule. Discussion by the Board followed and is summarized: each in -town homeowner pays taxes 0osupport the hospital, schools and the LahmarCounty Sheriff without necessarily receiving direct benefit; Estes Park and Glen Haven are the only Fire Departments within Lahm*rCounty not supported byafire district; sales tax does not pay for all oemimso; the proposed fee structure needs further review and discussion with public input; the Town has supplied fine protection to the county because no other entity could provide the service; county properties one remote with longer response time and limited water supply; volunteers should focus their time and energy on training not Board of Trustees — September 11, 2007 — Page 5 fundraising; it is becoming harder to enlist volunteer fire personnel, therefore, the Department will have to hire additional paid staff in the future; Town infrastructure adds value to the properties outside Town limits. After further discussion, it was moved and seconded (Blackhurst/Newsom) to approve the Intergovernmental Agreement with Larimer County and Larimer County Sheriff Department for fire services outside town limits, and it passed unanimously. The Board requested Administrator Repola develop a scope of work for the development and review of the fee schedule with the inclusion of a separate work session for public comment. 5. TOWN ADMINISTRATOR REPORT. • No Report. Whereupon Mayor Baudek adjourned the meeting at 9:12 p.m. hn Baudek, Mayor Cti,r 4 ♦ Jl ie Williamson, Town Clerk