HomeMy WebLinkAboutMINUTES Town Board 2008-04-22Town of Estes Park, Larimer County, Colorado, April 22, 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 22nd day of April, 2008. Meeting called to
order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Dorla Eisenlauer
Richard Homeier
John Ericson
Jerry Miller
Town Attorney White
Jacquie Halburnt, Town Administrator
Cynthia Deats, Deputy Town Clerk
Absent: Lowell Richardson, Deputy Town Administrator
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION — "Earth Day" April 22, 2008.
Mayor Pinkham read a proclamation encouraging the observance of Earth Day and
presented the document to Irene Little, a representative of the League of Women
Voters Recycling Program.
PROCLAMATION — 20th Annual Estes Park Duck Race — May 3, 2008.
Mayor Pinkham read a proclamation designating May 3, 2008 as the 20th Annual Duck
Race Day in Estes Park and acknowledged representatives of the Noon Rotary Club.
Nearly 8,000 ducks have been sold this year the proceeds of which will benefit 69
different local charities.
PUBLIC COMMENT.
Fred Day, a county resident of Little Valley Subdivision, voiced his dissatisfaction with
the correspondence he received from the Town related to the $130 subscription fee for
fire protection to county residents. He stated that the letter did not contain information
about charges for fire department services, therefore, not providing enough information
to make a decision about the subscription fee, and stated county residents are not
being treated fairly. Mayor Pinkham said that he has heard similar comments from
other county residents and requested that Town Administrator Halburnt meet with Mr.
Day to discuss his concerns. He also requested that Staff compile a supplemental
letter that includes fire services costs so that people can make an informed decision
about the subscription fee, and that the Trustees review the letter before it is mailed.
David Habecker, an Estes Park resident, requested the Trustees stop reciting the
Pledge of Allegiance at the beginning of their Board meetings. He stated it is wrong,
mean -spirited, and constitutes a war against atheists.
Irene Little, representing the League of Women Voters Recycling Committee, and
Annie Kidwell, representing Sustainable Mountain Living, wished the Trustees a
"Happy Earth Day" and encouraged all to practice recycling and conservation. Mayor
Pinkham stated that all the fluorescent lights in the municipal building have recently
been replaced with low energy fluorescent lights.
Board of Trustees — April 22, 2008 — Page 2
TOWN BOARD COMMENTS.
Trustee Blackhurst thanked Mayor Pinkham for his service to the Estes Park Housing
Authority and stated applications for a replacement board member are being accepted.
He encouraged the public to attend the Public Works Committee meeting on Thursday,
April 24th at 8:00 a.m. in the Town Board room.
Mayor Pro Tem Levine said public interest and input will be solicited when filling board
vacancies and encouraged the public to watch for notices related to the application
process.
Mayor Pinkham welcomed Trustees Ericson and Miller to the Board. In addition, he
stated that Town of Estes Park volunteers were honored at a luncheon on April 22"d, he
thanked them for their time and reported that a total of 42,572 volunteer hours were
accrued last year at a value of $830,579.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated April 8, 2008.
2. Bills.
3. Committee Minutes:
A. Utilities, April 10, 2008:
1. 2008 Tree Trimming Contract — Asplundh, $75,000 — Budgeted.
4. Estes Valley Planning Commission, March 18, 2008 (acknowledgement only.)
It was moved and seconded (Levine/Eisenlauer) the Consent Agenda be approved,
and it passed unanimously.
1A. PLANNING COMMISSION AGENDA (Approval of):
Mayor Pinkham: Open the Public Hearing for all Consent Agenda Items. If
the Applicant, Public or Town Board wish to speak to any of these consent items,
they will be moved to the "Action Item" Section.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP
1. The Links of Estes Park Condominiums, Supplemental
Condominium Map #1, A Portion of Lot 3, South St. Vrain
Addition, Mountain View Vacation, LLC/Applicant.
2. MLL-2 Condominiums, Supplemental Condominium Map #3,
Lots 3A & 3B, Mary's Lake Replat of Marys Lake Subdivision,
Don DeBey/Applicant.
As there were no comments, the Mayor closed the public hearing and it was
moved and seconded (Homeier/Miller) the Consent Agenda be approved with
Staff conditions of approval, and it passed unanimously.
2. ACTION ITEM:
Mayor Pinkham: Open the Public Hearing (A). The formal public
hearing will be conducted as follows:
• Mayor — Open Public Hearing
Board of Trustees — April 22, 2008 — Page 3
• Staff Report
• Public Testimony
• Mayor — Close Public Hearing
• Motion to Approve/Deny.
a. KUNDTZ ANNEXATION AND RELATED LAND USE ITEMS:
1. ANNEXATION — RESOLUTION #08-08 & ORDINANCE #04-08.
2. MINOR SUBDIVISION PLAT - Kundtz Subdivision, Lot 1, Block
1, Ferguson Subdivision, & a Portion of the SW ' of the NE'/ of
S35-T5N-R73W of the 6th P.M., Habitat for Humanity of Estes
Valley, Inc./Applicant.
3. REZONING — ORDINANCE #05-08 - Lot 1, Block 1, Ferguson
Subdivision, & a Portion of the SW '/ of the NE '/ of S35-T5N-
R73W of the 6th P.M from A-1—Accommodations to R-1—
Residential zoning Habitat for Humanity of Estes Valley,
Inc./Applicant.
Staff Report —
Planner Shirk reviewed the request being made by Habitat for Humanity of Estes Valley
to annex a .7 acre parcel to the Town of Estes Park and subsequently subdivide the
property into three separate lots to be rezoned from A-1 Accommodations to R-1
Residential to accommodate the construction of three homes. Proposed density is 5.2
owner -occupied, attainable housing residences with deed and income restrictions. The
annexation would allow for a dedicated right-of-way along Riverside Drive, the
installation of curb, gutter, and sidewalk along the roadway, and provide landscaping in
accordance with Estes Valley Development Code standards. The re -zoning and
subdividing of the parcel was heard by the Estes Valley Planning Commission earlier
this year, and recommended for approval despite opposition from owners of
neighboring properties. Staffs recommendation is to approve Habitat for Humanity's
request with the conditions set forth by the Estes Valley Planning Commission.
Discussion ensued on the following topics: deed restrictions last for 20 years, driveway
will remain private street and owners will retain responsibility for maintenance, plowing,
etc.
Applicant's Statement —
Matthew Heiser representing Habitat for Humanity of Estes Valley, stated the three
homes planned for the parcel will help to fill a need in the community for affordable
housing. He spoke to the plans for the site including the placement of the three homes
on the property; the dedication of the road right-of-way; installation of curb, gutter, and
sidewalk; architectural compatibility; limitations on parking; plans for extra storage;
property values; the selection committee process; and continuing to work with owners
as lender after the sale.
Ed Mularz, President of Habitat for Humanity of Estes Valley, stated that building
affordable homes for people who work in our community will provide viability for our
Town. He stated the organization works with Habitat for Humanity families to assure
they are successful homeowners, good neighbors, and that the properties are
maintained. He said he has been in communication with neighbors in the area and has
invited them to participate in the planning, building, and selection processes.
Public Testimony —
Steven Piper, Larimer County resident, said he would support the development of two
residences on the parcel, but had concerns about the higher density development
stating it will adversely affect neighboring properties. He also voiced safety concerns
related to the proximity of homes to the roadway.
Board of Trustees — April 22, 2008 — Page 4
Karen Kavka, Larimer County resident, voiced her opposition to the plan due to density
issues, placement of homes so close to the roadway, safety issues, and impact on area
property values.
Millie Steketee and Roger Steketee, Larimer County residents, urged the Trustees to
visit the property to become familiar with the area and voiced concern related to the
placement of the homes, the density of the development not being compatible with the
neighboring properties, safety issues related to setbacks, and the need to disperse
affordable housing throughout the Estes Valley.
Leon Wiese, Larimer County resident, stated his opposition to the annexation
requesting the parcel remain in the County with the existing zoning and setbacks.
Kent Bosch, Larimer County resident and President of Charles Heights, stated that a
majority of the Charles Heights property owners oppose the development because of
density and safety issues, but support the objectives of Habitat and recognize the need
for affordable housing.
Andrea Wildman, Larimer County resident, supported the mission and purpose of
Habitat for Humanity and the construction of two homes on the property as allowed by
current zoning, but stated that the small lots and density of the proposed development
does not fit into the neighborhood and will cause overcrowding, and urged the Trustees
to deny the annexation.
Dorothy Dorman, Larimer County resident, and Louise Olson, Town of Estes Park
resident, both spoke in favor of the development stating that it is in line with the Town's
vision and mission statements and reiterated the need for affordable housing. Ms.
Dorman spoke about her experience on Habitat's family selection committee and the
need to build three homes to keep the price of the homes affordable.
Mayor Pinkham closed the public hearing at 9:15 p.m.
Discussion among the Trustees followed and is summarized: no variances are being
requested by Habitat for Humanity; reason to build three homes is to keep prices
affordable; building placement is dictated by water main running through the property;
recognize and acknowledge the good work Habitat for Humanity has done; three units
may be too many for this parcel; affordable housing means higher density; annex
property but limit number of units; proximity of residences to the roadway; difficult site
design; and Habitat for Humanity has demonstrated a willingness to work with
neighbors and address their concerns.
Attorney White read Ordinance #04-08 into the record. It was moved and seconded
(Levine/Miller) to approve Ordinance #04-08 and Resolution #08-08 as presented,
and it passed. Those voting "Yes" — Trustees Blackhurst, Eisenlauer, Ericson, Levine,
and Miller. Those voting "No" — Trustee Homeier.
Attorney White read Ordinance #05-08. He stated that if rezoning is approved, the
ability to develop three lots becomes a use by right.
It was moved and seconded (Levine/Eisenlauer) to approve Ordinance #05-08 as
presented, and it passed. Those voting "Yes" — Trustees Eisenlauer, Ericson, Levine,
and Miller. Those voting "No" — Trustees Blackhurst and Homeier.
It was moved and seconded (Levine/Ericson) to approve the Kundtz Minor
Subdivision Plat with Planning Commission conditions of approval, and it passed.
Those voting "Yes" — Trustees Eisenlauer, Ericson, Levine, and Miller. Those voting
"No" — Trustees Blackhurst and Homeier.
Board of Trustees — April 22, 2008 — Page 5
2. ACTION ITEMS:
1. 1ST QUARTER FINANCIAL REPORT.
Finance Officer McFarland reviewed the financial report and stated that
revenues and expenses are on target for the 1st quarter of 2008. He reported
that sales tax revenues are at 11.3% of budget and expenses are generally
under 25%. He stated that with investment rates low a conservative approach
is being taken in regard to investments.
2. SYSTEM DEVELOPMENT FEE — ORDINANCE #06-08.
As a way for the water utility to recover a portion of the cost of constructed
system capacity and water rights, new water service customers are required to
pay a one-time connection charge or tap fee. Currently, the two components of
the Town's connection charge are a System Development Charge (SDC) of
$1840 and a Water Rights fee of $5400. The water rights portion of the fee
was reviewed and increased in 2003, with the last increase to the SDC being
instituted in 1995. Subsequent to a study completed in 2007 by HDR
Engineering (HDR), staff is recommending the SDC increase to $4940 and the
Water Rights fee increase to $5450. Data supporting the increases include
planning and engineering design criteria of Estes Park's water system and
future capital improvements related to growth. Dir. Goehring provided the
Trustees with two methods to implement the SDC increase: one being to
implement the increase at one time, and the other to spread the increase out
over a three year period. Discussion followed related to tap fees in neighboring
communities; the purchase of water rights; the size of the increase; when to
implement the new fees; and how customers are notified of the fee increases.
Attorney White read Ordinance #06-08 into the record. It was moved and
seconded (Homeier/Blackhurst) to approve Ordinance #06-08 authorizing
an increase to the connection charges for new water customers to be
implemented over a three year period beginning in June of 2008 as
outlined, with an additional annual increase of approximately 3.6% each
January to reflect the cost of inflation, and it passed. Those voting "Yes" —
Trustees Blackhurst, Eisenlauer, Homeier, Levine, and Miller. Those voting
"No" — Trustee Ericson.
3. BONDING FOR THE MARY'S LAKE WATER TREATMENT PLANT
IMPROVEMENTS — ORDINANCE #07-08.
Ordinance #07-08 authorizes the Town to execute a loan agreement, which
includes the issuance of a Governmental Agency Bond, with the Colorado
Water Resources and Power Development Authority to borrow funds for
upgrades to the Mary's Lake Water Treatment Plant. The principal amount of
the loan is $5,500,000 for a term of 20 years at an approximate interest rate of
3.8%, and an estimated maximum annual debt service payment of
approximately $440,000. The determination of the actual amount of the loan,
interest rate, maturity date, and debt service payment will depend on conditions
at the time of the marketing of the Water and Power Authority's overall bond.
The obligation of the Loan Agreement and the Governmental Agency Bond is
payable from revenues of the Town's water department, is not a general
obligation of the Town, and does not pledge or encumber other revenues or
properties of the Town.
Attorney White read Ordinance #07-08 into the record. It was moved and
seconded (Blackhurst/Miller) to adopt Ordinance #07-08 authorizing
bonding for the Mary's Lake Water Treatment Plant improvements, and it
passed unanimously.
Board of Trustees — April 22, 2008 — Page 6
4. AIR CURTAIN BURNER.
In light of the bark beetle infestation in the Estes Valley, staff has researched
the purchase of an air curtain burner to facilitate in the disposal of infested
trees and slash. Also, the Light and Power department generates a large
number of fallen trees and a large amount of tree slash in their trimming
program to protect power lines. The current process being utilized for disposal
of this material is to grind and haul the slash to the dump which is becoming
cost prohibitive. In addition, people throughout the Estes Valley are being
trained to inspect and identify at -risk trees in an effort to take an aggressive
approach to managing the infestation. It is the intention of the Town to offer
use of the air curtain burner to Estes Valley residents for the disposal of trees
and slash to help prevent the spread of the infestation. Therefore, Staff
recommends the Light and Power Department the Public Works department
share in the purchase of the air curtain burner to be located on Town property
on Elm Road.
Discussion ensued on the following topics: the availability of the equipment;
operational costs of the machine related to fuel and manpower; smoke emitted
from the burner; and the possible use of ash produced by the burner by the
streets department. It was moved and seconded (Ericson/Eisenlauer) to
purchase the S-217 Air Curtain Burner from Air Burners, LLC, at the
Federal GSA bid pricing cost of $82,807, as a joint department purchase
as follows: $12,000 from account #101-5200-452-24-01; $5,000 from
account #101-5200-452-25-01; and $65,807 from account #502-7001-520-
35-57 budgeted, and it passed unanimously.
5. TOWN ADMINSTRATOR REPORT.
Administrator Halburnt reported that the application for a Community
Development Block Grant on behalf of the Estes Valley Victim Advocates
(EVVA) has been approved. EVVA will receive a grant in the amount of
$210,000 to be applied towards the purchase of a safe house.
Whereupon Mayor Pinkham adjourned the re• filar je- ing at 10:
Wil iam C. `inkham, Mayor
Cynt is Deats, Deputy Town Clerk