HomeMy WebLinkAboutMINUTES Town Board 1996-03-26Town of Estes Park,Larimer County,Colorado,rçh•2•6•...,i.
Minutes of a .Regular...meeting of the Board of Trustees of the Town of
Estes Park,Larimer County,Colorado.Meeting held in the Municipal Building in
said Town of Estes Park on the .
.day of aci•
•,A.D.,19.
at regular meeting hour.
H.Bernerd Dannels
Meeting called to order by Mayor
Present:Mayor Trustees:H.B.Dannels Robert L.Dekker,
Mayor ProTem
Susan L.Doylen,
Stephen W.Gillette,
William J.Marshall,
Also Present:Gary F.Kiaphake,Michael E.Miller
Town Administrator
Gregory A.White,
Town Attorney
Vickie O’Connor,
Town Clerk
Absent:J.Donald Pauley,Trustee
Mayor Dannels called the meeting to order at 7:32 p.m.
PUBLIC INPUT.
Ralph Nicholas,1660 North Ridge Ln.commented on the Comprehensive
Plan meeting held March 13 sponsored by EVIA and the League of
Women Voters.Mr.Nicholas commended staff,Don Brandes/DSW,and
the 1300 citizens who put forth an effort to prepare,submit and
discuss the Plan.From all input received to date from polls and
public meetings,citizens are indeed fortunate to experience a
quality of life second to none,and the citizens desire this
quality of life to remain so.Mr.Nicholas requested the “new
board”take a pro—active stance to maintain said quality of life.
CONSENT CALENDAR:
1.Town Board minutes dated March 12,1996.
2.Bills.
3.Committee Minutes:
A.Light and Power,March 14,1996.
B.Planning Commission,March 19,1996
(acknowledgement only).
It was moved and seconded (Gillette/Doylen)the consent calendar be
approved,and it passed unanimously.
ACTION ITEMS:
l.A.Utility Service Contract for Delivery of Electric Power to
Rocky Mountain National Park.Barry Hesker,Chief/Office of
Operations Engineering,National Park Service,presented said
Contract.Mr.Hesker is responsible for management of public
utilities in the Park;the Town previously approved the
connection contract;and the Town already has several
administrative loades being served in the Park.The Contract
is between the Town,PRPA and the NPS.The trilateral
agreement has been approved as to form by Town Attorney,
PRPA,and the NPS.There are three minor incomplete items:
meter locations,drawing numbers and the formula (to be
developed by PRPA which will stipulate how the Park Service is
to reimburse PRPA a proportional share of PRPA’s operation and
Board of Trustees -March 26,1996 -Page 2
maintenance).The proportional share will be paid directly to
PRPA.Mr.Hesker reviewed the Contract,and special
provisions,and requested approval,stating that the three
incomplete items would be completed prior to the April 11,
1996 Light &Power Committee meeting.
Attorney White confirmed that the amendments he had requested
had been made,that the incomplete items are minor in nature,
and that the Board may approve the Contract at this time.Mr.
Hesker added that one more contract,the actual Bill of Sale,
will be submitted for approval when all transactions are
completed.
It was moved and seconded fDekker/Marshall)the Utility
Service Contract for Delivery of Power to Rocky Mountain
National Park be approved,and it passed unanimously.
B.Highway 34 Street Light Conduit Prolect -Award Bid.Ed
Dragon,Line Supt.,reported that this Project involves
installation of approximately 7,000’of 2”PVC conduit in
various locations along the south side of Highway 34,
providing an underground feed all area street lights.This
Project was necessitated pursuant to CDOT’s Highway 34
Widening Project.Chief’s Landscaping submitted a bid of
$23,230,and the budgeted amount is $50,000.Approximately
$5,000 will be recovered from CDOT.Conduit installation will
be occur between the new curb line and the bike path.This
Project includes a substantial amount of asphalt patching,and
the cost/foot is reasonable.The $50,000 budget included new
brown fiberglass fixtures with down—cast lens.Pursuant to
increased material cost,existing fixtures will be refurbished
to match new fixtures.Chief’s Landscaping submitted a bid of
$23,230.00 which is consistent with previous bids of similar
scope.It was moved and seconded fDekker/Doylen)the Highway
34 Street Light Conduit Bid in the amount of $23,230.00
submitted by Chief’s Landscaping be accepted,and it passed
unanimously.
2.Highway 34 and Loop Water Department Prolects -Award of Bid.
Water Superintendent Goehring reported that the CDOT Widening
Project is scheduled to begin in early April.The Town has
agreed to relocate affected water lines and the State is
funding $192,240.00 for utility relocation.CDOT funded a
study prepared by RNC that determined the most cost-effective
solution for the reconstruction was to relocate the main water
line outside the right-of-way.The cost of this relocation
was estimated by RNC for $404,650.00.Staff solicited bids
for the Highway 34 relocation and the 1996 water line looping
projects.The Water Department budgeted $590,000,and with
the $192,240 funding allocation from CDOT,a total of $782,240
is available for these projects.Staff is recommending the
Highway 34 water utility relocation project be awarded to BTC
Construction,Inc.for $405,432,and the 1996 Water Looping
Project to Kitchen &Company for $217,935.10.The relocation
portion is on a “fast track”pursuant to CDOT’s construction
time schedule.A pre—construction meeting was held today and
staff will give a report at the Public Works Committee meeting
March 28th.The Highway 34 Project should be completed by May
10,with abandonment of an existing 8”water line to be
completed by May 30.The Loop Project is to be completed by
September 30.It was moved and seconded (Gillette/Doylen)the
U.S.Highway 34 Water Utility Relocation Project be awarded
to ETC Construction,Inc.for $405,432.00,and that the 1996
Water Looping Project be awarded to Kitchen &Company for
$217,935.10,and it passed unanimously.
3.A.Amended Plat of Lots 2 and 3.Prospect Village Subdivision
(Estes Park Brewery).Ed and Gisela Grueff/Applicants.Mayor
Dannels opened the public hearing.Senior Planner Joseph
noted that this proposal is to combine two existing lots into
Board of Trustees -March 26,1996 -Page 3
one lot.The Owner has submitted an Improvement Guarantee and
Letter of Credit,all Planning Commission conditionshave been met,
and the Town has received the Attorney’s Letter.As there were no
persons speaking in favor of,or in opposition to the proposal,
Mayor Dannels declared the public hearing closed.It was moved and
seconded (Doylen/Marshall)the mended Plat of Lots 2 and 3,
Prospect Village Subdivision be approved,and it passed
unanimously.
B.Miended Plat of Lots 3 and 4,Mountain Technological Center,
John Elley/Applicant.Trustee Gillette declared a conflict of
interest and vacated the room.Mayor Dannels opened the
public hearing.Planner Joseph stated the Planning Commission
approved the Development Plan contingent upon the Town Board
approving this Amended Plat.The Applicant has met all
Commission conditions and the Attorney’s Letter has been
received.There were no persons speaking in favor of,or in
opposition to,therefore Mayor Dannels declared the public
hearing closed.It was moved and seconded (Doylen/Miller)the
Amended Plat of Lots 3 and 4,Mountain Technological Center be
approved,and it passed unanimously.
Trustee Gillette resumed his position on the Board.
C.Special Review #96-2,Lot 2,Mummy Lane Subdivision,Johanna
Gengler/Applicant.Mayor Dannels opened the public hearing.
Planner Joseph presented a copy of the site plan,and
confirmed that the Owner is required to follow the Special
Review process for a Bed and Breakfast (B&B)operation as the
property is zoned E-Estàte.Section 17.16.030 provides that
a B&B is permitted by special review provided the number of
guests do not exceed 5/day.A copy of the zoning ordinance
pertaining to special review criteria was also submitted.The
burden is placed on the applicant to prove that the proposal
meets the criteria of Section 17.16.030.Staff read aloud the
criteria,stating that the Planning Commission did recommend
approval with a 4/3 vote.Discussion at Planning Commission
involved concerns with operating problems with a former B&B
operation in this neighborhood,how well enforcement of the 5
person limit is achieved,access standards,generation of
additional vehicular traffic,and appropriateness of a
business use in a residential neighborhood.The Commission
did place a condition that if any violation occurs,the
business license will be automatically rescinded,and a note
has been added to Plan.Additionally,staff is recommending
the 5 person/day/maximum limit be added to the plat.The
Attorney’s letter has been received.Staff confirmed that
there were no neighbors present at the Planning Commission
meeting objecting to this proposal.Discussion followed on a
former B&B operation whereby staff received numerous
complaints concerning the 5 person limit.Those speaking in
favor of the proposal:Applicant’s representative Paul
Kochevar.Mr.Kochevar stated that the Owners were in the
audience,available for any questions the Board may have.The
site is relatively close to a major street,therefore,
increased traffic in a residential neighborhood should not
cause concern,the Owners circulated a letter requesting
comments/support to surrounding neighbors and all the
neighbors signed in support of the B&B--copies of the letter
were presented.Additionally,one neighbor wrote an
individual letter in support.The use will be limited as
there are only two extra bedrooms available for use for the
B&B operation,and the Owners will meet the 5 guest limit.
There are no additional structures needed,there is sufficient
existing parking on the site existing,and the site lends
itself well to a B&B operation.The Applicant is in agreement
with the notes as stated and they have been added to the plat.
The note concerning the 5 guest limitation suggested by staff
this date is not yet on the plat,however,the owners do not
object.Attorney White confirmed that the restrictions on the
Board of Trustees -March’26,1996 -Page 4
plat follow with the property.Should the B&B operation
cease,the Owners would be required to resubmit.Mayor
Dannels closed the public hearing as there were persons
speaking in opposition.It was moved and seconded
fDekker/Gillette)Special Review #96-2 for Lot 2,Mummy Lane
Subdivision be approved,contingent upon a note being added to
the plat concerning the 5 guest limitation,and it passed
unanimously.
4.A.Transfer of Ownership:From Crown &Thistle,Inc.,to LX &A
Investments,Inc..dba LULU’S CORNER DELI,Beer &Wine
License.206 E.Elkhorn Ave.Clerk O’Connor reported that the
application was complete,and it was moved and seconded
(Doylen/Gillette)the Transfer of Ownership to LX &A
Investments,Inc.,dba LULU’S CORNER DELI lie approved,and it
passed unanimously.
5.Town Administrator’s Report.None.
Mayor Dannels adjourned the Board of Trustees meeting at 8:15 p.m.
Chairman Dannels convened the Estes Park Housing Authority at 8:16
p.m.
1.Lone Tree Village Development Proposals -Selection of
Developer.Ass’t.Administrator Widmer reviewed his
memorandum dated March 22,1996 that outlines the RFP process:
on January 26,RFPs were submitted to 34 companies.On
February 23,nine companies submitted proposals.A Selection
Committee comprised of Trustee Doylen,Town Attorney White and
Ass’t.Administrator Widmer reviewed the proposals and
narrowed the field to five companies.The Committee
unanimously agreed to recommend Simpson Housing Limited
Partnership fSHLP)be selected to develop Lone Tree Village.
Their recommendation was based upon the following:
SHLP is a public/private partnership with the Loveland
Housing Development Corporation,a for—profit partnership
with not-for-profit goals which combines the best of both
areas.
The Loveland Housing Development Corporation has a proven
management capability in Larimer County.
Both partners are well known to the Colorado Housing and
Fiance Authority (CHFA)and the Colorado Division of
Housing,thus the preservation of the tax credits and
grants appears feasible.
If the Town donates the site to SHLP,SHLP will deliver
a quality product with 10%lower rents than under the
Town’s pro—f orma.
SHLP has the second-lowest costs with the highest net tax
credit proceeds.
SHLP is ready and capable of proceeding quickly.
Scott McFadden/Simpson Group,and Sam Betters/Loveland Housing
Development Corporation were introduced.Messrs.McFadden and
Betters gave a presentation on their background and extensive
experience in the affordable housing market.The group has
experience working with a variety of funding sources required
to make project viable,and they are committed to achieving
the goals established by the Estes Park Housing Authority.
Mr.Betters also briefed the Trustees on The Meadows Project
(60 units)being constructed near Lake Loveland.Mr.McFadden
Board of Trustees -March 26,1996 -Page 5
commented that his firm can proceed very quickly as his firm
has legal,architectural,and design expertise all in house.
With their financial strength,he is able to use corporate
funds to go through development process.
Due to weather concerns,the project must be started prior to
October 1st;CHFA regulations on the tax credits require that
the Project must begin before December 31,1996.Project
completion is scheduled by May 1,1997.
The rent structure options were reviewed as follows:
%of CHFA Max.Rents w/Rents w/
Median Pro-Forsa Allowable Land Land &DOH
Unit Type Income A—7 Rent.Donation*Grant**
1 BedroOm 50 $400 $403 $358 $318
2 “50 465 487 433 393
2 “55 520 541 682 442
3 “50 525 561 499 459
3 “55 597 623 555 515
*Rents are for comparison purposes only to show the impact of various public
investments such as land and grants on the Lone Tree Village Project.These
rents are based on current estimates of development costs and financing
structure.
**Assues a $300,000 Division of Housing Grant and land donation.
Mr.Betters confirmed that when the EPHA submitted their
housing application to CHFA,a resident profile was
established (locally employed persons who live within the
Estes Park area and who have incomes below 80%of the median
family income or who are seasonally employed)and these
residents will be given a preference.
Town Attorney White reviewed the Memorandum of Understanding
(MOU).SHLP and the Loveland Corporation shall immediately
begin the process of preparing the required concept and
development plans for site review by the Planning Commission
and Town Board.Approval is to be obtained on or before June
30,1996 to meet CHFA requirements.If CHFA does not approve
the transfer of the allocation,the MOU shall terminate.
Trustee questions/comments followed concerning the rents
relative to grant funding,utilization of the local labor
force,term of contract relative to status of the land after
50 years,long-term affordability,confirmation that the
property will remain on the tax rolls;assurance that the
design will be compatible with the community,confirmation
that there will be a strict maintenance program in place,
confirmation that the land will not be conveyed until all
documents are in order (which should occur just prior to
construction),confirmation that CHFA is acting as the
regulatory body on this the Project,ensuring compliance with
the IRS.Trustee Miller commented that he is pleased the Town
is getting out of the Project,turning it over to a
public/private firm.However,he would still prefer to have
the money returned for the land (proposal/scenario #2).Mr.
McFadden clarified the rent structure:without the land
donation,rents under scenario #2 would be 10%higher than the
EPHA originally proposed.The land was critical for the EPHA
proposal,as it is today.Trustee Doylen noted that the
citizens affirmatively voted to purchase the land and use as
a cornerstone for affordable housing;the SHLP proposal was
one of the lower overall cost proposals presented.Trustee
Marshall stated the Board’s original objective was affordable
housing,with the land donation,the Board is merely reaching
its goal.
Board of Trustees -March 26,1996 -Page 6
With the SHLP proposal all developer fees would be paid to the
Town.In the Town’s proposal,the Town was asking development
fees be waived.Bill Van Horn commented on the calculations
relative to determining whether or not it would be beneficial
to sell the land,and it appears evidence is clear to donate
the land.
Trustee Miller reiterated he is glad the Town is now passing
the Project on,if still prefers Scenario #2,and for the
“greater good”,he would vote for this Proposal.Concluding
all discussion,it was moved and seconded (Marshall/Doylen)
the Memorandum of Understanding with Simpson Housing Limited
Partnership and the Loveland Housing Development Corporation
be approved,which includes donation of the land,and it
passed unanimously.Trustees Doylen and Gillette,and Rich
Widmer and Greg White were commended for their participation
on this Project.The Board was invited to attend the Open
House April 26 for The Meadows Housing Project in Loveland.
There being no further business,Chairman Dannels adjourned the
meeting at 9:20 p.m.
Mayor
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Town Clerk
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