HomeMy WebLinkAboutMINUTES Town Board 2008-05-13Town of Estes Park, Larimer County, Colorado, May 13, 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 13th day of May, 2008. Meeting called to order by Mayor
William C. Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor ProTem
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Attorney Greg White
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham 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 Pinkham read a proclamation for Arbor Day and proclaimed May the month of
the Tree.
PUBLIC COMMENT
David Habecker/Town Citizen stated he has requested the Town Board refrain from
reciting the Pledge of Allegiance at the beginning of their meetings. Now in addition to
that request, he asked the Board to send a letter to the State Representatives stating
the Trustees of Estes Park are no longer able to recite the Pledge due to the violate of
the Constitutional guarantee of freedom from religion. He also requested the Town
publicly apologize for any offense caused by the recitation of the Pledge and for the
recall.
TOWN BOARD COMMENTS
Trustee Blackhurst reminded the public that the Estes Park Housing Authority would
meet Wednesday, May 14th at 8:30 a.m. in Room 203.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated April 22, 2008 and Joint Town Board and EPURA
Study Session dated April 30, 2008.
2. Bills.
3. Committee Minutes:
A. Public Works, April 24, 2008:
a. Policy Manual — Cash in Lieu of Construction for Required
Improvements.
b. Prospect Ave. Surveying/Engineering — Cornerstone Engineering &
Surveying, $8,500 — Budgeted.
Board of Trustees — May 13, 2008 — Page 2
B. Community Development, May 1, 2008:
CVB
1. Estes Park Fun Run Festival, June 14, 2008.
2. Praise in the Park Concert, June 20, 2008 and July 25, 2008.
MUSEUM
1. New Sign, DaVinci Sign System, $12,552 — Budgeted.
C. Utilities, May 8, 2008:
1. Small Wind Energy Pilot Agreement, $25,000.
2. 2009 Ford Escape 4x4 Hybrid, $27,179 — Budgeted.
3. Policy Manual - Net Metering Policy and Interconnection Agreement.
It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it
passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. Cash in Lieu of Construction for Required Improvements. Director Zurn
reviewed the policy that would allow developers to pay cash for required
improvements such as sidewalks for an in -fill lot. These improvements would
be completed in the future when additional improvements are made in the
area for which the cash was being held.
2. Town Hall Light Fixture Upgrade. Director Zurn stated the Platte River
Power Authority "Lighten Up" program has paid for approximately 50% of the
cost to replace the light fixtures in Engineering, Administration and
Community Development. The new fixtures will save the Town 42,900 kWh
and reduce the annual electric bill by $3,697. A third phase will be completed
in 2009.
3. Wind Energy. In March, the Light & Power Department submitted a letter to
the Governor's Energy Office indicating an interest in partnering on a Small
Wind Energy Pilot Project. The L&P has been selected to participate in this
50/50 cash incentive program with an agreement to match up to $25,000 to
be used for the promotion and a $5,000 cap per installation. Per the GEO
the equipment must conform to the land use policies of the local governing
body.
4. Net Metering Policy and Interconnection Agreement. Director Goehring
commented the policy would credit the customer at one kWh for one kWh
produced month -to -month for up to one year. The policy stipulates if a
customer has produced any net excess electricity at the end of one year, the
Utility would purchase the electricity from the customer at the Utilities avoided
cost. The proposed Interconnection Agreement provides a mechanism that
allows the connection of privately owned and maintained renewable Energy
sources such as wind and solar to connect to our distribution system in a safe
manner.
5. Campground Shuttle Route, Estes Park Campground Stop. Town
Administrator Halburnt stated the Town has entered into the third year of a
three-year program to provide a shuttle bus system to the public during the
summer season. The campground route was added to the system in 2007.
Complaints were received shortly after the addition from the residents on Hwy
66, specifically regarding the EP Campground stop. In the spring of 2008,
the residents continue to complain and have asked that the bus stop be
eliminated from the route and/or use smaller buses for the route to address
their concerns with safety, speed and noise. Highway 66 is classified as a
minor collector to provide a connection between destinations and as such the
roadway is adequate to support a transit system. Smaller buses would not
adequately serve the route and a two hour route would not be viewed by
users as reliable. A successful transit system should be consistent.
Board of Trustees — May 13, 2008 — Page 3
Deputy Town Administrator Richardson commented the Police Department
has been collecting base ambient roadway noise levels and speed data. The
average ambient noise level for the roadway has been measured at 72 dba,
an allowable noise level range. The noise from the diesel buses range from
68 to 73 dba. Staff has located a gasoline powered 25 passenger bus at a
cost of $2,000/month with maintenance an additional cost.
Carol Beidleman/County Resident was present to represent the
neighborhood on Hwy 66. She reiterated that the Tunnel Road residents
would like the EP Campground stop eliminated as a shuttle stop due to the
noise, safety and speed of the buses. She stated the Town has overreached
its authority with the shuttle system that extends into a county residential
area. The neighborhood complaints included the buses were too big, loud,
fast, frequent, disruptive, irritating, inefficient, wasteful and polluting. The
residents contend that the bus drove by mostly empty in 2007. The
neighborhood requests the Town address their concerns and if the stop can
not be eliminated they would propose smaller buses less frequently.
Matt Riley/Estes Park Campground Concessionaire commented the shuttle
service provides service for campers that do not have a car, eliminates
increased traffic from guest that chose to drive their large vehicles to town or
to the National Park and provides transportation for employees, family and
friends to the campground. The campground received 100% positive support
for the shuttle that provided reliable transportation to town to purchase
supplies, shop and dine. The free shuttle has become a "reservation
decision maker" for many of the campgrounds customers. He stated the
shuttle numbers will grow as the route is advertised and tourist become more
aware of the service.
Trustee comments were heard and are summarized: the three year
experimental program has provided information on the problems and
successes of the program; the feedback is appreciated and will help facilitate
a future capital program during the upcoming budget cycle, a gas powered
bus may be an acceptable solution to address the noise concerns, if ridership
continues to be low the route should be adjusted, would like staff to
investigate the possibility of only stopping at the campground every other
hour, the campground stop is important and should be maintained, the
service is needed in the community, the continuation of a shuttle system is an
advantage for Estes Park now and in the future.
Administrator Halburnt stated that if you increase the campground stop to
every two hours ridership will decrease and the stop should then be deleted.
Staff will come back to the Board with final costs of the gas powered bus.
3. ACTION ITEMS:
1. APPOINTMENT: ESTES PARK HOUSING AUTHORITY.
Trustee Blackhurst/Chairman of the Housing Authority requested the
appointment of Matthew Heiser for a five year term commencing on May 14,
2008 and expiring on May 14, 2013. It was moved and seconded
(Blackhurst/Levine) to approve the appointment, and it passed unanimously.
2. RESOLUTION #09-08 ESTABLISHING A SPECIAL REVENUE FUND — FIRE
FEES AND RESOLUTION #10-08 APPROVING SUPPLEMENTAL BUDGET
APPROPRIATION.
Finance Officer McFarland stated the creation of the Fire Services Special
Revenue Fund would aid in allocating funds collected for fire services and allow
the fund to carry over from year to year for purposes set forth by the Fund
during the budget process. The fund would also segregate fire activities
Board of Trustees — May 13, 2008 — Page 4
previously listed in the General Fund and transfer budgeted revenues and
expenditures to the newly created fund. The new account would require a
transfer from the General Fund in an estimated amount of $800,000. The fire
service billing is estimated to yield approximately $125,000 for a total of
$925,000. The 2008 Fire Department budget was approved for $921,027.
Minor adjustments have also been made including the addition of interest and
the increase in the purchase price of the budgeted fire truck.
Trustee Blackhurst requested the entire 2008 budget of $921,000 be
transferred to the new fund. This would allow the fund to retain the fees paid in
2008 for fire services in the county. Trustee Homeier agreed stating the
reduction in General Funds to the new account gives the perception that
county fees are indirectly going into the General Fund.
Bill Van Horn/Task Force representative reiterated without the approved 2008
budget amount transferred to the new account, the perception would be a
diversion of fire subscription fees paid by county residents into the Town's
General Fund. The county residents want assurance that the funds raised by
the subscription would be used for fire services only. He also expressed a
concern with the reduction of donations received by the firefighters.
Jim Austin/Task Force representative restated the subscription fee would
eliminate donations used by the firefighters to buy equipment at their
discretion. He would encourage the Board to refund money to the volunteer
firefighters for the donations lost.
Mike RichardsonNolunteer Firefighter commented the donations have
decreased. He stated concern that the new subscription fee would decrease
Town funding for the Fire Department.
David Habecker/Town Citizen questioned the need to transfer the entire 2008
budgeted funds. He understood the subscription fee was needed to reduce the
Fire Department's reliance on the General Fund.
It was moved and seconded (Eisenlauer/Ericson) to approve Resolution
#09-08 and it passed unanimously.
It was moved and seconded (Blackhurst/Miller) to approve Resolution #10-
08 with the appropriation to be amended from $800,000 to $921,000 as
budgeted in 2008, and it passed unanimously.
3. BARK BEETLE ORDINANCE #08-08.
Director Zurn commented the Mountain Pine Beetle is beginning its
proliferation in the Estes Valley and its immediate adjacent forests. The Town
is in a position to decide to actively manage this infestation through education,
identification and enforcement. The proposed Ordinance would authorize staff
to regulate the management of the beetle on privately owned properties. The
Ordinance is similar to the current State and County regulations that are
enforceable within Town limits. Resources for these agencies are limited.
Therefore, the proposed Ordinance would be enforceable within the Municipal
Court and if required as a referral to the Larimer County Forester's office. The
process was reviewed as outlined in the Ordinance.
Mike Richardson/Town Citizen questioned who would be responsible for
removing the trees and if the air curtain burner would be available to
contractors. He stated local contractors should be used when possible.
Director Zurn stated the air curtain would be available to dispose of any tree
within the valley.
Board of Trustees — May 13, 2008 — Page 5
Frank Theis/Town Citizen expressed a concern with the potential of a different
level of enforcement for property owners within Town limits versus the County.
Attorney White read the Ordinance. It was moved and seconded
(Blackhurst/Levine) to approve Ordinance #08-08, and it passed
unanimously.
Mayor Pinkham called for a break at 10:05 p.m. and reconvened the meeting at
10:13 p.m.
4. RESOLUTION #11-08 APROVING THE ESTES PARK URBAN RENEWAL
AUTHORITY CONDITIONS ANAYLSIS (BLIGHT STUDY) AND PLAN.
A joint meeting of the Town Board and the EPURA was held on April 30, 2008
with discussion including changes to the Urban Renewal Area. EPURA
recommends revising the map to include the addition of the Stanley Park ball
fields, the old elementary school building and a triangular area east of the
intersection of Highway 36 and St. Vrain Avenue. EPURA opposes the
elimination of the businesses on East Elkhorn Avenue as the fagade
improvement program should be available to all businesses downtown. The
Conditions Analysis provides no justification for inclusion of Lots 4, 5 and 6,
Stanley Historic District or Stanley Village. Director Smith stated he received
public comment this morning to include the Stanley Hotel Carriage House
within the new URA plan.
Trustee Blackhurst requested clarification as to the inclusion of the Elkhorn
Avenue corridor. Director Smith stated the downtown corridor was included to
address aging infrastructure and to provide seed money for a potential fagade
program. EPURA Chairman Swank commented the inclusion of the entire
downtown provides equal opportunity for improvement in the future. EPURA
Commissioner Wilcocks stated there may be an unforeseen improvement in
the next 25 years to the downtown corridor.
Town Attorney White stated the boundaries of the new plan must be
contiguous for TIF financing. In 1988, the Town and EPURA entered into a
cooperation agreement providing review of EPURA projects by the Town Board
through a concept review.
Bill Van Horn/County Resident requested the inclusion of the Stanley Village.
Byron Hall/Town Citizen requested the inclusion of the Stanley Carriage House
for the benefit of the Stanley Museum.
Marie Richardson/Town Citizen questioned how EPURA affects property owner
rights. Administrator Halburnt stated projects would only be public
improvements unless the property owner agrees to a public/private partnership.
Attorney Benedetti stated eminent domain can be used by the Authority with
the Town Board's approval.
Dick Brett/Town Citizen questioned the need to include Lots 4, 5 and 6 Stanley
Historic District as the area does not contain development and therefore not
blighted.
Mayor Pinkham noted that letters have been received from the School Board,
Library Board and the Hospital Board for the discontinuance of EPURA.
Board comments included concerns with the fagade program and the need for
historical preservation, the uncertainty of the old elementary building, no
urgency or immediate need for the continuation of EPURA, areas can be
added later to the plan, without EPURA the Town would lose a funding source
Board of Trustees — May 13, 2008 — Page 6
for public projects, additional information is needed prior to the new areas
being included in the plan, the Town needs to continue reinvesting in the
infrastructure, EPURA provides financing options and the possibility of
public/private ventures, the Board needs to work jointly with the EPURA Board
on improvements.
Trustee Homeier questioned the renewal of the Authority at a time when there
is no clear objective. EPURA has been misunderstood and there is significant
skepticism amongst the community at this time. He does not support the
continuation of EPURA.
It was moved and seconded (Ericson/Miller) to approve Resolution #11-08
with the inclusion of the Stanley Park ball fields, the old elementary
school building and a triangular area east of the intersection of Highway
36 and St. Vrain Avenue, and it passed with Trustee Homeier voting "No".
5. PRELIMINARY SUBDIVISION PLAT TIME EXTENSION AND FINAL
SUBDIVISION PLAT STONE BRIDGE ESTATES SUBDIVISION.
Director Joseph reviewed the staff report. Town Board approved the
preliminary subdivision plat on November 27, 2007 with staff conditions. The
plat would subdivide the 4.9-acre parcel into three separate lots. The northern
lot, where the Van Horn Engineering building is located, would be one lot and
the southern two lots would be developed in accordance with the approved
Development Plan with 24 detached residential dwelling units. The final plat
complies with the preliminary plat and the staff conditions including the
approval of the flood plain map revisions from FEMA.
Corey La Bianca/Town Citizen stated FEMA flood insurance maps are
developed for flood insurance and do not take into account whether or not an
area would be a hazard or major flooding events. The local community has the
option to establish more restrictive regulations that are above those of FEMA.
Dr. Ken Czarnowski/Town Citizen with 33 years of experience in Natural
Resource Management and Water Resource Management with the
Department of Interior expressed concern with the flood plain on this property.
The Fish Creek Water Association request the final plat be continued to allow
the Town's official flood plain manager and the Association's consultant to
review the new FEMA map.
Attorney Randy Willard/representing the Fish Creek Water Association
requested the Board give further consideration to the FEMA process, wildlife
considerations and safety issues prior to making a decision on the subdivision.
Bob Trump/ Fish Creek Water Association President stated citizens have the
right to object to safety standards along Fish Creek and object to the impact on
the view corridors the development would have on the adjacent properties. He
urged the Board to reconsider the subdivision.
Ron Norris/ Association of Responsible Development President read a
statement from Larimer County Commissioner Randy Ubanks. He requested
the Board consider the affects on wildlife and the quality of life for those living
in Estes Park when making a decision on the Stone Bridge Estates subdivision.
Frank Theis/CMS Planning and Development and Bill Van Horn/Town Citizen
stated the concerns raised are those related to an approved development plan.
It was moved and seconded (Homeier/Blackhurst) to approve the time
extension of the Preliminary Plat and the Final Subdivision Plat for Stone
Bridge Estates Subdivision, and it passed with Trustee Ericson abstaining.
Board of Trustees — May 13, 2008 — Page 7
6. TOWN POLICY FOR USE OF TOWN FACILITIES.
Deputy Town Administrator Richardson reviewed the current policy for use of
Town meeting facilities. Currently the rooms are available for use by non-profit
organizations, charitable organizations and other government agencies. There
is no policy outlining acceptable uses of Town facilities. The proposed policy
outlines acceptable uses, unacceptable uses, alcohol uses, appropriate fees
and identifies staff members responsible for managing use of Town facilities.
The room agreement and use form have been modified to include a non-
refundable $25 fee for the use of the Board room and the Training room and a
$50 per hour fee for staff time to operate the audio/visual room, if requested.
Board discussion is summarized: the Town Board room should not be used to
promote a specific political candidate, candidate forums are an acceptable use,
caucus trainings and town hall meeting are an allowable use of Town facilities,
addition of E.5 — other recognized clubs/groups/individual, addition to policy to
address a refund of fees when a meeting is cancelled by the Town.
The Town Board requested staff bring the policy back to the next meeting
with suggested changes outlined above.
7. TOWN ADMINISTRATOR'S REPORT.
Attorney White reviewed the current status of lawsuits with David Habecker
(Recall of Mr. Habecker), Fish Creek Water Association (Stone Bridge
Development), Stanley Hotel (sale of Lot 4, Stanley Historic District and
Technical Review of development proposal), Chamber of Commerce (Town's
ability to market Estes Park).
8. REQUEST TO ENTER EXECUTIVE SESSION:
24-6-402(4)(b) and (e) C.R.S. - Conference with Town Attorney White for the
purpose of receiving legal advice on specific legal questions and determining
positions relative to matters that may be subject to negotiations, developing
strategy for negotiations, and/or instructing negotiators — Sale of Lot 4, Stanley
Historic District .
It was moved and seconded (Levine/Blackhurst) the Town Board enter into
Executive Session for the purpose of a conference with Town Attorney
White to receive legal advice under C. R. S. Section 24-6-402(4)(b) and to
determine positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing
negotiators Section 24-6-402(4)(e) with regard to the sale of Lot 4, Stanley
Historic District, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 11:50 p.m.
Mayor Pinkham reconvened the meeting to open ses?oyi at 12:10 a rrt. and adjourned
the meeting at 12:10 a.m. j
William C. Pinkham, Mayor
J kie Williamson, Town Clerk