HomeMy WebLinkAboutMINUTES Town Board 2008-03-25Town of Estes Park, Larimer County, Colorado, March 25, 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 25th day of March 2008. 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
Jacquie Halburnt, Town Administrator
Lowell Richardson, 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.
PROCLAMATION.
Mayor Baudek proclaimed March 25th Student in Government Day. Many of the seniors
from the Estes Park High School participated in the days events including a mock Town
Board meeting.
PUBLIC COMMENT.
Tom Ewing/Estes Park citizen expressed appreciation to the Mayor and the Trustees
for their service to the community.
Mike Wallace/Estes Park citizen questioned if the proposed performing art theater
would be able to support itself in the future or would the taxpayers support the theater
indefinitely. The community needs to support and maintain the local service rather than
spending funds on a performing art theater. He also stated a concern with the
relocation of dispatch services to the valley.
TOWN BOARD COMMENTS.
Mayor ProTem Pinkham urged the community to get out and vote on Tuesday, April 1
2008.
Trustee Blackhurst reminded the public that the Public Safety Committee would meet
Thursday at 8:00 a.m. in the Town Board Room.
Town Clerk Williamson reviewed the deadlines for the upcoming election: March 28th
would be the last day to apply for an absentee ballot application; absentee ballots must
be requested and are not sent to those who receive permanent mail ballots from the
County; and voting would take place in Rooms 202 and 203 on Tuesday, April 1st from
7:00 a.m. to 7:00 p.m.
1. CONSENT AGENDA (Approval of):
Board of Trustees — March 25, 2008 — Page 2
1. Town Board Minutes dated March 11, 2008 and Study Session Minutes
dated March 7, 2008.
2. Bills.
3. Committee Minutes:
A. Public Works, March 13, 2008:
a. 1-Ton 4x4 with snowplow & sander $72,960.87 — Budgeted.
b. Grand Estates Right -of -Way dedication.
B. Utilities, March 20, 2008:
a. Light & Power Garage Doors — $18,230.
b. Contract HDR for Construction Management for Mary's Lake Water
Facility Improvements, $363,446 — Budgeted.
4. Estes Valley Planning Commission, February 19, 2008 (acknowledgement
only).
It was moved and seconded (Newsom/Pinkham) the Consent Agenda be approved,
and it passed unanimously.
1A. PLANNING COMMISSION AGENDA (Approval of):
Mayor Baudek opened the Public Hearing for all the following Consent Agenda
Items:
1. CONSENT ITEMS:
A. PRELIMINARY SUBDIVISION
1. Deer Ridge Subdivision, Amended Plat of Lots 3 & 4, Skoog
Subdivision, Paul M. & Katherine M. Kochevar & John A.
Skoog/Applicants.
B. FINAL CONDOMINIUM MAP
1. Elk Run Condominiums, Lot 9, S. St. Vrain Addition, except
1507-875 & 1617-816, Ed Peterson/Applicant.
C. SUPPLEMENTAL CONDOMINIUM MAP
1. Solitude II Condominiums, Supplemental Condominium Map #7,
Lot 2, Solitude Subdivision, Crystal Creek Development,
LLC/Applicant.
D. REZONING REQUEST
1. Rezone from A-1 — Accommodations to R-1 — Residential, Lot
1, Block 1, Ferguson Subdivision, and 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 - Continued to April
22, 2008.
E. MINOR SUBDIVISION PLAT
1. Kundtz Subdivision, Lot 1, Block 1, Ferguson Subdivision, and
a Portion of the SW '/ of the NE IA of S35-T5N-R73W of the 6'h
P.M., Habitat for Humanity of Estes Valley, Inc./Applicant —
Continued to April 22, 2008.
As there were no comments, Mayor Baudek closed the public hearing and it was
moved and seconded (Pinkham/Levine) Consent Agenda be approved with
Planning Commission conditions of approval, and it passed unanimously.
Board of Trustees — March 25, 2008 — Page 3
2. ACTION ITEMS:
1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP PETER HAN K. NGOV
AND LIM ENG DBA GOOD FORTUNE CHINESE RESTAURANT TO PURA
VIDA INC. DBA PURA VIDA, 160 FIRST STREET, BEER & WINE LIQUOR
LICENSE.
Town Clerk Williamson reviewed the application stating all necessary
paperwork had been received. Pura Vida Inc. is requesting a transfer of the
liquor license currently held by Peter Han K. Ngov and Lim Eng dba Good
Fortune Chinese Restaurant. Trustee Levine reminded the applicant that the
Town requires liquor licensed establishments to check identification and
complete TIPs training. Susa Gray/President of Pura Vida stated the manager
has already received T.I.P.S. training. She invited everyone to come and
experience Costa Rican cuisine. It was moved and seconded
(Eisenlauer/Blackhurst) the Transfer of Ownership Application filed by Pura
Vida Inc. dba PURA VIDA, be approved, and it passed unanimously.
2. ANNEXATION AGREEMENT FOR DELLA TERRA
Attorney White stated in September of 2007 the Estes Valley Planning
Commission unanimously approved Development Plan 07-14 for Della Terra
Mountain Chateau, a twelve -room bed and breakfast/wedding facility located
within the unincorporated Larimer County. This site is currently operated as a
campground. EVPC approval included the property owner to petition the Town
for annexation of the property pursuant to the IGA between Larimer County
and the Town. The agreement includes provision for the annexation of the
hydro -plant property owned by the Town and connection to the Town's water
system if the property owner's well fails or the property is developed further.
The applicant agrees to pay for half of the annexation costs. The property has
water storage facilities for fire services and meets the ISO requirements. It
was moved and seconded (Levine/Homeier) the annexation agreement, be
approved, and it passed unanimously.
3. SALE OF MARY'S LAKE TRANSFORMERS.
Platte River Power Authority has scheduled the construction of the Mary's Lake
Substation improvements for May 1, 2008. Addison Construction has been
selected as the general contractor for the project. The first step of this project
would be the removal of the transformers at a cost of approximately $50,000.
Several offers have been received including Belyea Co. Inc - $66,700, T & R
Electric Supply Co. Inc. - $70,000 and the City of Loveland - $70,000. Staff
recommends entering into an Intergovernmental Agreement with the City of
Loveland, a PRPA partner, for the sale of the two transformers.
Discussion followed on how the Town's electrical needs would be handled
during the upcoming construction. Dir. Goehring stated through and IGA with
Loveland electrical modeling has occurred to allow the town to operate with
one substation during the construction.
After further discussion, it was moved and seconded (Newsom/Homeier) to
enter into an Intergovernmental Agreement with the City of Loveland for
the sale of the two Mary's Lake Substation transformers for $70,000, and
it passed unanimously.
4. ESTES PARK URBAN RENEWAL AUTHORITY CONDITIONS ANAYLSIS
(BLIGHT STUDY) AND PLAN.
Board cfTrustees — March 25, 2OOD—Page 4
Mayor Baudek opened the Public Hearing. Dir. Smith reviewed the process
that lead tothe public hearing including aConditions Analysis (Blight Study),
new EPURA Plan and the preparation of a County Impact Analysis.
Lee Sumuno/DuttonAssociates reviewed the new EPURA Plan. He stated
the new boundaries were selected tobanarrow and only include those areas
for which the proposed projects exist. The plan contains 13 proposed
projects that have not been prioritized and other projects unforeseen may
develop inthe next 25years. All property owners were notified bymail; notice
and an impact report was provided to the County; notification was sent to the
8ohou| District and notice was provided to the Estes Valley Planning
Commission 0oensure the new plan was consistent with the Comprehensive
Plan. He stated the EVPC found the new plan complies with some portions
of the Comprehensive Plan; howevar, they found it reduces the tax revenue
of other districts and EPURA'o ability to issue bonds reduces the citizen's
level of involvement in |uoa| government decisions. The EVPC also
expressed the proposed list ofprojects was not detailed enough.
EPURA Attorney Paul Benedetti commented the proposed EPURA plan is u
general plan that must conform to the Comprehensive Plan and is uwmhdng
framework. The vehicle for funding EPURA ioTax Increment Financing (T|F)
that is generated bythe taxable construction created by EPURA. The money
onaabad by the increased assessed value does not belong to the other taxing
entities. The taxing entities subject to Tabor would have to reduce their mill
levy an the nnoensod value inonaoaee if the tax increment was inn|udnd�
thereby maintaining the same tax revenue. He also stated that itis unwise to
not include the previous area in order to be flexible and to complete any work
from the previous EPURA. Property tax dollars not spent by the end of the
current term ofEPURA would be returned to the taxing entities and the sales
tax dollars would go0othe Town'u General Fund. Changes can be made to
the proposed boundaries prior to the approval; however, future changes
would require a public hearing and a sound reason including blight within the
area. The Board can approve the Resolution to continue EPURA or
reconsider the nenevxe| within 120 days. |fEPURA iu not renewed within 120
days, enew EPURA could not beconsidered for ntwo year period.
Town Board questions and comments are summarized: questioned the
current boundaries and how they may be modified over time; were other
taxing entities in Town notified; some of the proposed projects cross the line
between private and public improvements and may destroy the quaintness
and charm of the town; questioned the number ofproposed projects in the
downtown area; questioned the need for EPURA hufocus untrails; there may
be a benefit to include other areas in the new plan such as improvements to
the Stanley Park; the plan should meet the Town'ogoals and priority; the new
Town Board should make the decision unapproving EPURA.
Those speaking in favor of the renewal: NUK Garrett/Town (]hzon and Paul
Stoige/Oownkxwn Property and Business Owner. Comments included the
areas once improved byEPURA have begun tofall into decay; the Town could
complete some of these projects but not with the same intensity of EPURA;
EPURA provides an avenue forprivate/pub|io improvements that benefit the
community.
Those speaking in opposition of the renewal: Alice Schwartz/Estes Valley
Board of Trustees — March 25, 2008 — Page 5
Citizen, Bill Van Horn/Estes Valley Citizen and Bryon Hall/Town Citizen.
Comments included the project list should be available to the public;
questioned why the facade program was not completed with the original
streetscape project; it appears that EPURA is looking for a reason to be;
requested EPURA provide additional communication on the proposed plan and
project list prior to consideration by the Town Board; opposition to the renewal
of the TIF and to the funneling of tax money into the Town's General Fund.
Pat Lang/Town Citizen would encourage improvements around the schools.
Linda Farrell/Town Citizen spoke to the protection of property rights for
developed land and the need to buffer those properties from future
development and to preserve open space.
Dave Shirk/Town Citizen stated it would be beneficial to have an IGA between
the other taxing entities and EPURA to minimize the tax implications.
Mayor Baudek closed the public hearing.
Town Administrator Halburnt stated there are two funding sources for EPURA
including the property tax TIF that does not go through the General Fund and
the sales tax TIF that does go into the General Fund. Through IGA's and other
agreements the Town provides the Library District with $27,000/year, since
2004 over $1 million has been provided to the School District, the Ambulance
District receives free dispatching services at a cost of $15,000/year and the
Town leases the golf course to EVPRD for $1/year.
Trustee Blackhurst stated the improvements completed by EPURA are
maintained by the Town and paid for with the sales tax TIF. He supports
EPURA and stated the sole purpose for the existence of the authority is to
provide infrastructure to stimulate private sector development and increase the
economic viability of the Town.
Trustee Eisenlauer supports the renewal of EPURA. The plan provides for
future progress and without it intentions would be good but nothing would be
accomplished.
Trustee Homeier stated the renewal of EPURA should have the full support
from the Board, the community and the other taxing entities. The plan is not
complete and the boundaries of the new area should be addressed prior to
considering the renewal of EPURA.
Trustee Levine supports EPURA; however, the funding of a new EPURA needs
to be examined and perhaps remove the property tax portion of the TIF to
eliminate the perception that other taxing entities are losing money. He would
support delaying the decision.
Mayor ProTem Pinkham stated a joint study session with the Town Board
and EPURA would be beneficial to set priorities and determine the benefits to
the community prior to renewing EPURA.
Trustee Newsom supports the renewal of EPURA and the continued
improvements for the residence and the tourist.
Mayor Baudek stated the reauthorization of EPURA has been a goal of the
Town Board. He would encourage EPURA to gain Larimer County approval of
the plan prior to approval by the Town Board. He encouraged the Town Board
Board of Trustees — March 25, 2008 — Page 6
to review the funding sources to remove the perception of funds being
removed from other taxing entities.
After further discussion, it was moved and seconded (Homeier/Pinkham) to
continue the issue of renewing EPURA and the motioned passed with
Trustees Eisenlauer and Newsom voting "No".
5. TOWN ADMINISTRATOR REPORT.
No Report.
6. ADJOURN.
Whereupon Mayor Baudek adjourned the meeting at 9:38 p.m.
•
J kie Williamson, Town Clerk
n Baudek Mayor