HomeMy WebLinkAboutMINUTES Town Board 2008-02-12Town of Estes Park, Larimer County, Colorado, February 12, 2008
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 12' day of February, 2008. Meeting
called to order by Mayor Baudek.
Present:
Also Present:
John Baudek, Mayor
Bill Pinkham, Mayor Pro Tem
Trustees Eric Blackhurst
Dorla Eisenlauer
Richard Homeier
Chuck Levine
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Cynthia Deats, Deputy Town Clerk
Absent: Wayne Newsom, Trustee
Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
SWEARING -IN CEREMONY.
Chief Kufeld introduced Officer Rudy Solano and Officer Jeremiah Polucha stating both
have completed the probationary period for police officer. Town Clerk Williamson
conducted the formal Swearing in Ceremony.
MUSEUM ADVISORY BOARD RECOGNITION.
Dir. Kilsdonk stated that the Museum Advisory Board has been dissolved and that a
committee of the Estes Park Museum Friends and Foundation will be fulfilling the
duties formerly provided by the advisory board. She recognized the following former
board members and thanked them for their service and dedication to the museum
throughout the years: Gene Oja, Nancy Schiaffo, Mike Oline, Lyle Poison, Bob
Hamblin, Sybil Barnes, and Susan Harris.
PUBLIC COMMENT.
None
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the public of two upcoming meetings. The Housing
Authority will meet on Wednesday, February 13`h at 8:30 a.m. in Room 130, and the
Public Works Committee is scheduled to meet on Thursday, February 14th at 8:00 a.m.
in the Town Board room.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated January 22, 2008.
2. Bills.
3. Committee Minutes:
A. Public Safety, January 23, 2008:
Police
Board of Trustees — February 12, 2008 — Page 2
1. Estes Valley Victim Advocates Contract — $7,500 Budgeted.
2. 2008 Dodge Charger, vehicle replacement fund — $21,362,
Budgeted.
B. Community Development, February 7, 2008:
CVB
1. Horse Contracts:
a. Rocky Mountain Miniature Horse Club — June 18-22
b. Team Penning Event — July 18-20
c. Colorado Arabian Horse Club — July 2-6
d. Westwood Equestrian Development — June 26-29
e. Colorado Springs Dressage Association — July 18-20
f. Colorado Junior Rodeo Association — August 15-17
It was moved and seconded (Pinkham/Levine) the Consent Agenda be approved,
and it passed unanimously.
2. ACTION ITEMS:
1. ORDINANCE #01-08 LIONS CLUB STANLEY FAIRGROUND CONCESSION
STAND LEASE RENEWAL.
Dir. Pickering stated that the Lions Club has been operating the Stanley Park
Fairground Concession Stand for the past 52 years as their vehicle to raise
funds for programs that benefit the community, and that the lease is up for
renewal this year. Attorney White read Ordinance #01-08, approving a lease
agreement for the concession stand at the fairgrounds at Stanley Park, into the
record. The Trustees discussed the inventory list and the insurance coverage
levels currently being carried. It was moved and seconded
(Levine/Eisenlauer) to approve Ordinance #01-08, and it passed unanimously.
2. RESOLUTION #4-08 RE -APPROPRIATION OF 2007 ENCUMBERED FUNDS
TO THE 2008 BUDGET.
Certain Town departments have entered into contracts for goods and/or
services that were not fulfilled by year-end December 31, 2007. In order to
keep only one budget year open, 2007 encumbered funds are re -appropriated
into the current budget year. Finance Officer McFarland requested that
Resolution #4-08 be approved, re -appropriating approximately $1.3 million to
be carried forward into the current budget year, and explained that the re -
appropriation will have no net effect on the fund balances. It was moved and
seconded (Pinkham/Blackhurst) that Resolution #4-08 be adopted, and it
passed unanimously.
3 4TH QUARTER FINANCIAL REPORT.
The calendar year is complete with the exception of end -of -year adjustments
that will result from the annual audit to be performed in March 2008. The
General Fund indicates revenues at 97.7% of budgeted levels, although
December sales tax figures are not included in the totals. When December
sales tax is received, it is estimated that revenues will be approximately 101%
of budget, indicating that 2007 was a healthy year for sales tax. Expenditures
are currently 94% of budget and the inclusion of the encumbrances from 2007
will take expenses to 97%.
Finance Officer McFarland reviewed the Enterprise Fund and stated that the
Light & Power bond issuance was successful receiving a rate of 3.83%. This
rate is 50 basis points lower than anticipated which will save approximately 10%
on debt service over the life of the bond.
Board of Trustees — February 12, 2008 — Page 3
Trustee Levine and Administrator Halburnt recognized Finance Officer
McFarland and the Finance Department as recipients of the Government
Finance Officers' Association Certificate of Achievement for Excellence in
Financial Reporting. The award was based on the Comprehensive Annual
Financial Report (CAFR) which met the organization's high standards for
governmental financial reporting.
4. ADOPTION OF 2008 ORGANIZATIONAL CHART.
The Municipal Code directs the Town Administrator to present an administrative
organizational chart to the Town Board annually. In addition to town
employees, the chart includes standing committees, advisory boards and
commissions. The 2008 organizational chart reflects changes in direct
supervisory authority over town departments to be divided between the Town
Administrator and the Deputy Town Administrator. It was moved and
seconded (Eisenlauer/Homeier) to approve the 2008 organizational chart as
presented, and it passed unanimously.
5. MARY'S LAKE WATER TREATMENT FACILITY DESIGN MODIFICATION /
EXPANSION — PHASE I.
Construction at the Mary's Lake Water Treatment Facility is scheduled to begin
in the summer of 2008 utilizing membrane filtration technology. Each
membrane manufacturer has unique requirements for the installation of their
product, which impacts the design and construction of the treatment facility
improvements. Due to the high cost of manufacturing the membrane filters,
these companies require a contract with a payment schedule based on key
milestones. Once the membranes have been ordered, the membrane supplier
will provide the engineers with the necessary drawings to complete the design.
Two manufacturing companies produce submerged membrane filtration
systems appropriate for retrofitting the treatment facility: US Filter (a subsidiary
of Siemens Corporation), and Zenon (a subsidiary of General Electric), and
both responded to Membrane Procurement bids solicited at the end of 2007 by
HDR, Engineering, Inc.
HDR recommends Zenon/GE based on the lowest 20-year present worth cost
for a 4 million gallon per day (mgd) treatment facility. The Zenon proposal also
provides the Town with three stages of treatment, reducing the total wastewater
discharge to sewer and reducing potential wastewater fees. All equipment can
be located within the existing treatment building, providing the flexibility to
expand to 6 mgd in the future. Following are the estimated costs for the project,
reflecting the cost savings in construction resulting from utilizing the Zenon
system.
Zenon/GE Membrane Procurement
Construction Contract (estimate)
Total Cost
$2,518,348
$2,500,000
$5,018,348
Power and Water Bond not to exceed amount $5,500,000
Staff recommends accepting the Zenon/GE proposal for $2,518,348 for a 4 mgd
membrane filtration system with the first payment due upon signing of the
contract, and funds being reimbursed In June 2008 with bond proceeds in
accordance with Reimbursement Resolution #12-07. The remaining payments
will be due incrementally, with the expectation that the Town will accept delivery
of the membrane equipment in September or October 2008 and complete
acceptance testing in March 2009.
Board of Trustees — February 12, 2008 — Page 4
After a presentation by Sarah Clark, Senior Engineer and Project Manager for
HDR, and a discussion related to the process that was followed in moving
forward with this project and approval of the contract, it was moved and
seconded (Homeier/Pinkham) to extend the contract for membrane filters to
Zenon/GE at a cost of $2,518,348 from account #503-7000-580-32-22 with
funds reimbursed by bond proceeds in accordance with Reimbursement
Resolution #12-07 as presented, and it passed unanimously.
6. APPEAL OF STAFF'S DETERMINATION
Mayor Baudek opened the public hearing for the appeal of staffs determination
that the commercial roasting operation by Kind Coffee LLC, located at 552 W.
Elkhorn Avenue is a use by right in the "CO" Commercial Outlying zoning
district.
Attorney White provided the Trustees with background information related to
the process and standards for review used to make a use classification
determination. He stated that noise, odors, and variances are not pertinent to
the appeal discussion and that the Board's responsibility is to uphold or reverse
staffs determination.
Staff Report
The Estes Valley Development Code (EVDC) sets forth a process for
classification of uses not specifically noted in the Use Tables. Dir. Joseph
reviewed the process and the steps he followed in making the use classification
determination. The standards for review include:
1. The actual or projected characteristics of the subject use compared to the
stated characteristics of each use classification allowed in the zoning
district.
2. The relative amount of site area or floor space and equipment devoted to
the use.
3. Relative amounts of sales from the subject use compared to other permitted
uses.
4. The relative number of employees in each use.
5. Hours of operation.
6. Building and site arrangement.
7. Vehicle used with the use.
8. The relative number of vehicle trips generated by the use.
9. Signs expected in conjunction with the use.
10. How the use advertises itself.
11. Whether the use is likely to be found independent of other uses on the site.
12.Any other potential impacts of the subject use relative to other specific uses
included in the classification and permitted in the applicable zoning district.
13.Whether the subject use is consistent with the stated intent and purposes of
the Code and the zoning district in which it is to be located.
Upon completion of the review, staff arrived at a determination that the Kind
Coffee business is an allowed use, as it is similar to a brew pub which is a
permitted accessory use in an outlying district. Dir. Joseph stated that Kind
Coffee's primary business is a boutique retail coffee shop and office space with
coffee roasting as an accessory use; and that warehousing is not a dominant
element of the business. In addition, heavy trucks as are normally associated
with warehousing and loading docks, rarely visit the site.
Appellant Presentation
Verd Bailey, secretary of Elkhorn Plaza Condominium Association presented an
Appeal Position Statement which focused on the following points: a variance
granted by staff in 2006 to allow a concrete landing; the dimensional standards
Board of Trustees — February 12, 2008 — Page 5
for non-residential zoning districts; retail sales at Kind Coffee; food and
beverage sales at Kind Coffee; warehousing activities and a loading dock;
coffee roasting; and the noise and odors associated with coffee roasting.
Mr. Bailey took issue with staffs comparison between Kind Coffee's roasting
operations and a brew pub, and stated that the small coffee shop cannot be
described as a restaurant. In addition, he argued that the existence of the
concrete loading deck, double doors, and the electric palette lifter constitute
warehousing activities. Mr. Bailey stated that the coffee roasting operation, and
the noise and odor associated with it, have adversely affected the quality of life
for residents of Elkhorn Plaza Condos and other nearby residential areas. He
concluded by stating that Kind Coffee is operating a manufacturing process that
does not belong in the "CO" zoning district, but rather in a light industrial zoning
district.
Public Comment
Amy Hamrick, stated that she has owned Kind Coffee since 2002 and that all of
the locations occupied by Kind Coffee since that time have been in the "CO"
zoning district. She stated that after obtaining approval to conduct business at
the 552 W. Elkhorn location, she proceeded with remodeling of the building and
obtained approvals from the sanitation department and the health department.
She stated that the equipment she uses for roasting is designed to minimize
environmental impact, that she has raised the height of the stack to help
eliminate odor and residue, has limited roasting times and does not roast on
weekends, has changed the venting system, operates the roaster only during
regular business hours, and has applied to obtain an air quality permit from the
State of Colorado. She reported that Andrew Hart, Code Compliance Officer,
conducted a noise assessment and determined that operation of the roaster did
not create a noise violation and stated that she received one official complaint
from the Community Development Department and took steps to make changes
to her operations based on the complaint letter.
James Burnstein, President of Elkhorn Commercial Properties, LLC, has owned
the commercially -zoned property at 552 W. Elkhorn since 2001. He stated that
specific renovations were made to the building to accommodate retail sales,
house the main business office for Kind Coffee, and to roast and distribute
coffee, stating this is consistent with the retail and small sales use classification
outlined in the staff report.
Estes Park residents Linda Farrell, Judy Ayres and Bob Ayres, all voiced their
dissatisfaction with the use classification determination for 552
W. Elkhorn citing the following points: manufacturing is a major use in the
building and has changed the nature of the neighborhood; the roasting
operation has a negative impact on the pristine mountain air and surroundings;
noise, odors, and gas emissions coming from the roaster stack; residents can
no longer enjoy sitting outdoors on decks; odors permeate their condos, even
with doors and windows closed; roasting operations have had an adverse affect
on quality of life and property values; and health issues, such as headaches
and nausea have resulted from odors and emissions.
Nicole Smith, Estes Park resident, is an employee of Kind Coffee. Her job
includes office duties, advertising, marketing, packing and shipping, and
roasting coffee. She stated roasting occurs for only one hour per day.
Seth Smith and Steve Lane, Estes Park residents, spoke on the following
points: refer matters such as this to professionals who work with the EVDC
every day; Elkhorn Condos are surrounded by non-residential properties; multi -
faced businesses in Town do not always fit clearly into the code; need to rely
on professionals to make reasonable judgments based on common sense and
Board of Trustees — February 12, 2008 — Page 6
understanding of code; and noise and odor are regulated by other agencies and
are not a use classification issue.
Anthony Schiaffo, Estes Park resident, stated he helped install the roaster at
Kind Coffee, working with the health department to meet all codes and
requirements. The roaster is certified meeting all EPA standards and height
requirements, and produces less emission than restaurant stacks located in
Estes Park.
Mr. Bailey summarized that the EVDC defines an accessory use as incidental
and subordinate, stating that Kind Coffee's roasting operation does not fall
under that definition, nor does it fall into the definition of a restaurant, which
would make this a non -permitted use. He also stated that a warehouse is not
permitted on an arterial road and believes the use classification determination
should be overturned.
Mayor Baudek closed the public hearing.
Discussion among the Trustees ensued on the following topics: the amount of
space vs. amount of time used in determining an accessory use; the magnitude
and scale of current business vs. future growth; if the location's primary use
changes, it could result in a zoning violation; the Board of Trustees is not in the
position of negotiating neighborhood disputes; utilizing semantic manipulation
of the code with a narrow focus on words or phrases to create fallacy of
diversion; noise and odor problems are different issues; request that staff report
to the Board on implications of odor and noise complaints and what has been
done to address these complaints; three zoning districts are intertwined in this
area, not all necessarily compatible; other businesses in Town have shorter
hours in winter or are not open year 'round, the Town cannot dictate a business'
hours of operation; 552 W. Elkhom location is site of Kind Coffee's primary
business office; it is not possible to list every allowed use in commercial zoning
district; request that the State of Colorado expedite air quality permit; staff
followed code and proper steps when arriving at decision; and options
available to the Town Board are to: affirm staff decision, overturn staff decision,
or table to another meeting.
At the conclusion of discussion, it was moved and seconded
(Homeier/Blackhurst) to uphold staffs use classification determination for
Kind Coffee, located at 552 W. Elkhorn Avenue, and it passed unanimously.
7. FIRE DEPARTMENT FEE FOR SERVICE IN THE COUNTY.
A recommendation was made at the January Public Safety Committee meeting
to address charges for fire protection services to county residents and to
propose the formation of a Fire District Task Force. The task force would be
charged with researching options related to fire protection services; one option
being the creation, by election, of a fire district that would operate
independently of the Town and charge the same mil levy rate to everyone in the
district. Don Widrig, a county resident, initially suggested the formation of a
committee charged with developing a plan upon which the Estes Valley
residents would vote. He suggested the committee be comprised of a senior
member of the Town staff, a Town Trustee, the Fire Chief, and five Estes Valley
residents appointed by the Board, three of whom would be from the County.
Staff recommends including a volunteer firefighter on the panel for a total of
nine members. In the interim, staff proposes charging county residents an
optional, annual subscription fee.
Two previously proposed fire districts failed at election in both 2004 and 2006,
at which time the Town said it would be necessary to implement a "charge for
Board of Trustees — February 12, 2008 — Page 7
fire services" to county residents, being unable to continue to provide fire
services without an additional funding source. Several sessions have been
held regarding charges for fire services to allow for public input, with
participants requesting a fair and equitable solution for both Town and county
residents.
50% of the volunteer Fire Department's calls are located outside of the Town
limits. Larimer County and the Larimer County Sheriffs Department entered
into an IGA with the Town to allow charges to county residents for fire services.
The proposed fee would not be based on the number of fires in the Estes
Valley, but rather offset the cost of the fire department's ability to be prepared to
fight a fire if it occurs. This includes personnel, training, equipment, and in
2008 a total operating budget of $921,027. An amendment to Paragraph 4 of
the IGA to allow the Town to enter into agreements with "individual private
residents or property owners" not part of a recognized homeowners association
or other governing entity, will be sent to the County and to the Sheriffs
department for approval. With the support of Larimer County, staff
recommends charging a subscription fee of $130 with a reduced rate of $120
per unit to a homeowners association of ten units or more. If a fire occurs at a
property where the subscription has not been paid the property owner will be
charged for the fire call based on the Colorado State Forest Service's
Cooperator Rate Agreement for apparatus and personnel.
Don Widrig questioned the addition of a ninth member to the Task Force and
whether having the Fire Chief and a volunteer firefighter on the panel would
create conflict.
Bud Durea, President of the Windcliff Property Owners Association and Fred
Day, county residents, both spoke in favor of implementing the fee requesting
that the Board move forward as soon as possible to give individuals and HOAs
the choice to subscribe to fire protection services. Mr. Day stated commercial
properties should have a different subscription fee structure than residential
properties.
Discussion took place on the following topics: the optional nature of the
subscription fee; several homeowners associations want to subscribe to fire
protection as soon as possible; charging a fee to county residents might create
bad feelings; methods of soliciting interest in serving on the Task Force and an
application process; invoice for the subscription fee by April 1, 2008; the Task
Force should be given a time frame in which to work; could take up to 18
months to prepare a fire district proposal for an election; and the issue must be
voted on at a November election.
It was moved and seconded (Pinkham/Levine) to approve the formation of a
nine -member Task Force to consist of a senior member of the Town staff,
a Town Trustee, the Fire Chief, a volunteer firefighter, and five Estes
Valley residents appointed by the Board, three of whom would be from the
County, to research a fire district and report their findings to the Town
Board no later than October 1, 2008, and it passed unanimously.
It was moved and seconded (Eisenlauer/Pinkham) that, in the interim,
county residents be charged a voluntary flat fee of $130 for fire protection
services, with a reduction given to homeowner's associations of ten units
or more of $120 per unit. If a fire occurs at a property where the
subscription is unpaid, the owner will be charged for the fire call based
upon the Colorado State Forest Service's Cooperator Rate Agreement for
apparatus and personnel, and it passed unanimously.
Board of Trustees — February 12, 2008 — Page 8
It was moved and seconded (Homeier/Levine) to adopt an amendment to
the Larimer County Fire Agency Intergovernmental Agreement allowing
the Town to enter into fire subscription agreements with individual private
residents or property owners, and it passed unanimously.
8. STANLEY FAIRGROUNDS MULTI -USE BARN CONCEPT AND FINANCING.
This item has been removed from the meeting agenda.
9. ESTES PARK URBAN RENEWAL AUTHORITY LOAN REQUEST.
A primary goal of the Town and the Estes Park Urban Renewal Authority
(EPURA) Board is to connect the Riverwalk throughout downtown. Recently, it
has become feasible to do this with the cooperation of Sharon Seeley, owner of
the Park Theater Mall and the River Shops, who has agreed to allow EPURA to
connect the Riverwalk through the Mall and along the area of the River Shops
to Moraine Avenue. In order to minimize inconvenience to the merchants the
work must be finished by May 2008. EPURA has the financial resources to do
this project in the form of property tax increment from 2007 that will be received
over the course of 2008. The project cost is estimated at just under $1.5
million, as is the property tax increment to EPURA.
Due to the fast track schedule of the project, EPURA would receive invoices
from the contractor and the consultants before the property tax increment is
received. In order to make payments in a timely manner, EPURA is requesting
a loan in the amount of $600,000 from the Town. An estimated $500,000 would
be paid back by the end of July 2008 with the remaining $100,000 paid back
when the property tax increment becomes available, or no later than the end of
2008. In the event of a minor shortfall, any difference would be paid from
EPURA's 2009 funding.
Finance Officer McFarland stated that the interest rate charged to EPURA will
be 3.82%, the same rate charged to other entities such as the Estes Park
Housing Authority, with the funds coming from the General Fund due to the
short term of the loan.
It was moved and seconded (Levine/Eisenlauer) to approve a loan to the
Estes Park Urban Renewal Authority in the amount of $600,000 with
interest at a rate of 3.82% to complete the Riverwalk connection through
the Park Theater Mall with repayment to be made from property tax
increment funding to be received by end of year 2008, and it passed
unanimously.
10.TOWN ADMINSTRATOR REPORT.
Administrator Halburnt stated that staff, as directed by the Town Board, is
gathering additional information and community input as to the types of uses
the public envisions for the multi -use barns at the Stanley Fairgrounds and
financing options. Surveys and questionnaires on the topic will be distributed to
the community through the local newspapers and available on-line at
www,estesnet.com.
Whereupon Mayor Baudek adjourned the regular meeting at 11:56 p.m.
Cyrl3hia Deats, Deputy Town Clerk