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HomeMy WebLinkAboutMINUTES Town Board 1998-08-25‘Town of Estes Park,Larimer County,Colorado,August 25,1 998 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 25th day of August,1998. Meeting called to order by Mayor Robert L.Dekker. Present:Robert L.Dekker,Mayor Susan L.Doylen,Mayor ProTem Trustees Jeff Barker John Baudek George J.Hix Lori Jeffrey William J.Marshall Also Present:Rich Widmer,Acting Town Administrator Vickie O’Connor,Town Clerk Gregory A.White,Town Attorney Mayor Dekker called the meeting to order at 5:30 p.m.and requested an Executive Session to discussion Personnel and Land Negotiations.It was moved and seconded (Hix/Doylen)the Board enter Executive Session as requested,and it passed unanimously. Therefore,Mayor Dekker adjourned the meeting at 5:31 p.m.to Executive Session,advising that he would reconvene the Board at 7:30 p.m.in open session. Mayor Dekker reconvened the meeting at 7:32 p.m.,and presented a Certificate of Appreciation from the Mayor to Jim Ranglos for Distinguished Service to the Town of Estes Park.Those citizens further honoring Mr.Ranglos included:Gary Kiaphake,Randy Repola,and Tom Brown.Suzie Blackhurst,President/Noon Rotary presented a plaque acknowledging Jim’s Rotary Service to the community.Mr.Ranglos acknowledged receipt. PUBLIC COMMENT: Alma Mix,Planning Conunission member,expressed her concern with the lack of a full membership on the Estes Park Planning Commission,and read a portion of the Bylaws.With a resignation in February,1998,and the inconsistent attendance of another member,it has proven difficult for the Commission to achieve a quorum,and this is unfair to the citizens.Ms.Hix requested the Mayor bring the Planning Commission to its full force and effectiveness.Mayor Dekker responded that the Town believed the vacancy could remain such due to the appointment of the Estes Valley Planning Commission.However,the Town does realize the need to fill the vacancy and the Mayor is now seeking a replacement. TOWN BOARD COMMENTS: Trustee Hix presented a copy of an article regarding the Larimer County Open Lands Board and their financial contribution to the Town toward the purchase of the Bikie property.Additionally, restroom construction is planned at Homestead Meadows,and the Board is looking into a Lily Lake expansion proposal. Board of Trustees -August 25,1998 -Page 2 CONSENT CALENDAR: 1.Town Board Minutes dated August 11,1998. 2.Bills. 3.Committee Minutes: A.Light and Power,August 13,1998: 1.Approval of Contract with TSI for Pine Valley Three-Phase Project. B.Public Works,August 20,1998: 1.Lakes Estes/Wapiti Meadows Bike Trail —Acceptance of low bid. 2.1998 Street Improvement Project,Asphalt Overlay Portion —Acceptance of low bid. 3.Glacier Water Plant Rehab,Ph.2 —Approval of negotiated price. It was moved and seconded (Hix/Doylen)the Consent Calendar be approved,and it passed unanimously. ACTION ITEMS: 1.Estes Valley Inter-Agency Council (EVIAC)-Presentation. Member Randy Repola presented a visual display to acknowledge EVIAC’s collaborative effort,what they are part of and where they are going,and reviewed their Mission and Goal.Comments were also heard from:Lee Kundtz,Louise Olsen,and Randy Ratliff.The EVIAC is urged the Town to continue its link with EVIAC and appoint a replacement for Gary Kiaphake.Mayor Dekker noted EVIAC’s wide scope of services,adding it may be worthwhile for the Town to appoint a replacement. 2.Ordinances #14-98 and #15-98 -Northern Colorado Water Conservancy District (NCWCD)Inclusion.Mayor Dekker opened the public hearing.Trustees Barker and Jeffrey each declared a potential conflict of interest and vacated the room.Town Attorney White reported that the Town receives water for domestic use treatment from the NCWCD (the managing agency).A requirement associated with usage of this water is that all parcel users be within the boundaries of the NCWCD.In 1968,the Estes Park Town limits were included in the NCWCD boundary,but parcels outside the 1968 Town boundary were excluded from this process.As the Town limits expanded,some of the developers of the annexed parcels did not proceed with the inclusion process.As a result,approximately 200+parcels must be added into the NCWCD boundary.In compliance with federal laws concerning the inclusion process,outstanding mill levy taxes associated with these parcels must accompany the inclusion application.Rather than punish individual parcel owners as they had no knowledge of the mandatory inclusion,staff believes the Town should pay the inclusion fee.There are 221 separate lots,and state law allows the inclusion process through the adoption of an ordinance.By allowing the Town to submit one petition for all the parcels,the individual property owner is realizing a savings of $330 for the NCWCD,$300 for the SubDistrict,and additional environmental compliance costs required by the Federal Government.Staff is recommending the Town pay the facilities inclusion fee of $74,883.68 (a formula based on Board of Trustees -August 25,1998 -Page 3 assessed valuation and a factor of 91%agreed to by the NCWCD).Once all said properties are included within the District,the District will assess property owners a yearly 1 mill levy.The SubDistrict does not assess a separate mill levy.Attorney White confirmed that property owners do not have an option of being included within the District. Also at the Town’s expense,RMC has been obtained to meet Federal environmental compliance. Public comments were heard from:Bob Hays/will properties above the “blue line”be assessed?Attorney White responded in the affirmative,adding that water service may not yet be available,but could be in the future,and that the Town is not inferring the “blue line”will be raised above 7,850’ elevation.Nick Kane/opposes the assessment for undeveloped property,and believes the Town may have incorrect parcel numbers for his properties.Staff responded that with adoption of the ordinance,the Town Board can include his property,and water taps cannot be granted without inclusion into the District,and that the Town obtained parcel numbers from Larimer County.The mill levy assessment for the 221 properties will begin In January,1999. There being no further public testimony,Mayor Dekker closed the public hearing.Stating the Town has no choice but to include all properties within Town limits or risk losing CBT water,it was moved and seconded (Marshall/Baudek) Ordinances #14-98 consenting to the inclusion in the NCWCD, and #15-98 consenting to the inclusion into the SubDistrict be adopted.Trustee Doylen commented that inclusion has been required since 1968,and nonconformance would place the Town’s CBT water in jeopardy,it is imperative the ordinance be adopted.The motion passed with Trustees Barker and Jeffrey Abstaining. Trustees Barker and Jeffrey resumed their position on the Board. 3.Highway 34/36 Intersection Project.Public Works Director Linnane advised this item is for presentation only,not action,and offered background information.Kerry Prochaska/PMC presented an Executive Summary for this project.This project is proposed for 1999/2000,and the scope includes the study and cost estimates of various scenarios such as additional travel lanes between Hwy.7 and the Hwy.34/36 intersection,widening and/or replacing the Hwy.34/36 bridge,two types of pedestrian underpasses,and miscellaneous changes to the Hwy.34/36 intersection geometry.Preliminary Phase I construction includes the addition of an intersection pedestrian underpass,widening of the bridge,and adding additional travel lanes. Preliminary Phase II includes reconstruction of the intersection to include a standard right turn lane in lieu of the eastbound inadequate yield lane.A Hwy.34 southbound left turn lane would be added and other various changes to the intersection would be completed. CDOT has budgeted $1.1 Million for this project in 1999/2000.The Town has yet to determine a budget for 1999 and beyond.Cost estimates for Phase I are: CDOT/$1,111,000,Town/$336,000 for a total cost of $1,446,000.Phase II cost estimates are:CDOT/$0, Town/$310,000,for a total cost of $310,000. Board of Trustees -August 25,1998 -Page 4 RNC confirmed that Phase I can stand on its own merit,and they are recommending design begin January 1,1999,bid advertising Summer of 1999,and construction in Fall of 1999,with completion by Memorial Day,2000.Phase II could be constructed simultaneously or bid separately;however, costs would escalated,thus the Town could realize a savings of up to $70,000 to do both phases at the same time. RMC confirmed that Hwy.36 would remain open to traffic during construction.The Board expressed their appreciation to Mr.Prochaska for his presentation.Director Linnane advised this project will be further discussed at upcoming budget sessions. 4.Adoption of 1997 Uniform Building Codes (continued from August 11,1998).Acting upon staff’s request,it was moved and seconded (Hix/Doylen)this item will be continued to September 8,1998,and it passed unanimously. A.Ordinance #10-98 Uniform Building Code,1997 Edition, Volumes 1 through 3. B.Ordinance #11—98 Uniform Code for the Abatement of Dangerous Buildings,1997 Edition. C.Ordinance #12—98 Uniform Mechanical Code,1997 Edition. D.Ordinance #13—98 Uniform Plumbing Code,1997 Edition. 5.Wildfire (Homestead)Ridge Annexation.Mayor Dekker opened the Public Hearing,and Director Stamey requested it be continued which will provide an opportunity to prepare an Annexation Agreement to address annexation,density,open space,zoning,etc.It was moved and seconded (Hix/Doylen) this item be continued to September 8,1998,and it passed unanimously: A.Annexation Resolution # B.Annexation Ordinance # C.Zoning Ordinance # 6.Ordinance #16-98 -Amending Chapter 5.20 of the Municipal Code Pertaining to Rental of Residential Property.Gary Kiaphake provided background information,and distributed statistics prepared by Range Realty,Anderson Realty and Management,Windcliff Estates,and Ponderosa Property Management which indicated that out of the 1,580 number of weeks booked,the number of complaints generated were very few (7) Attorney White gave an overview of nightly rentals and the Zoning Code.Definition of guest unit/commercial accommodation was clarified,grandfathering,non conformance,and amortization were explained.An ordinance was prepared with an effective date of January,1999. Trustee Baudek noted that neighborhood covenants through homeowner associations supersede the proposed ordinance,and the ordinance does not include commercial areas.A business license for each individual property,to include a $50.00/license fee,would be required,and he thoroughly reviewed each chapter of the ordinance. Public comments were heard from:Howard Speer,Fall River Estates (when complaints are received,inspection should occur to provide evidence,and the proposed ordinance does not prohibit the proliferation of short—term rental property—should grandfather existing owners and prohibit Board of Trustees -August 25,1998 -Page 5 additional property owners);Nick Kane (property owners should be required to pay County and City taxes as well as State Sates Tax);Bud Broun (resides outside Town limits,is in favor of short—term rentals as it is a means to own/maintain property,this ordinance in particular,isn’t necessary);Dominick Taddonio (resides outside Town limits fWindcliff Estates),he is a member of the EVPC,and,in summary,opposes short-term rentals.In his opinion,the proposed ordinance is ill-conceived,overly simplistic,and ill advised.Mr.Taddonio requested the Board hold their decision to adopt the ordinance in abeyance to consider any implications and obtain input from the Planning Commission); Lynnere Whilden (resides outside Town limits (Windcliff Estates)and supports short-term rentals based on property affordability and income with negligible complaints);Lynn Young,Black Canyon Hills (opposed to changing E-Estate zoning,and questioned the financial impact to the Town regarding enforcement of the ordinance);and Patti Taylor Czarnowski (protection of residents when properties begin short-term rentals,payment of all applicable taxes,and protection of property owner’s rights v.enforcement costs) Trustee comments included potential effectiveness to the proposed ordinance if the EVPC prohibits this use,and if the Town Board agrees,the fact that this ordinance institutes a business license under Chapter 5.20 not a zoning ordinance,property management relative to parameters/complaints,and revocation. Mayor Dekker stated that the Town Board would give further consideration to the ordinance and the testimony presented during the meeting.No further action was taken at this time. 7. A.Resolution #11-98:Estes Park Substation Refinancing Project.Attorney White reported that the Town is in the process of moving the substation and intends to finance the project through electric revenue bonds.Pursuant to IRS regulations,the Board is officially declaring its intent to reimburse itself for the expenditures from the proceeds of tax—exempt utility revenue bonds expected to be issued,in a maximum principal amount of $3,000,000 which amount includes the bonds and other future long-range projects.It was moved and seconded (Hix/Marshall) Resolution #11-98 be approved,and it passed unanimously. B.Resolution #12-98:Parcel 1,Stanley Historic District Special Improvement District -Election. Attorney White advised that the owners of The Stanley Hotel approached EPURA with an idea of making public improvements to Lot 1 for roadways and parking,which would include the area serving Stanley Hall.A Special Improvement District (510)could be formed for this construction,and it would be funded by assessments against properties within the SID.TABOR requirements apply,and if the Resolution is passed,the ballot question included therein could be placed on the November 3,1998 ballot for a coordinated election with Larimer County.Staff confirmed that the ballot question would be voted on only by those eligible Board of Trustees -August 25,1998 -Page 6 electors residing within the SID =Parcel 1.The ballot question to be submitted to the electorate will be in substantially the following form: SHALL THE TOWN OF ESTES PARK,COLORADO,DEBT BE INCREASED UP TO $1,950,000 WITH A REPAYMENT COST OF UP TO $2,906,800 BY THE ISSUANCE OF SPECIAL ASSESSMENT BONDS,AT AN INTEREST RATE PER ANNUM NOT TO EXCEED 8.00%,WITH A TERN NOT TO EXCEED 10 YEARS,FOR THE PURPOSE OF FINANCING A CERTAIN STREET AND PARKING PROJECT, WHICH MAY INCLUDE BUT SHALL NOT BE LIMITED TO STREET AND PARKING LOT PAVING,CURBS AND GUTTERS,SIDEWALKS,STORM DRAINAGE IMPROVEMENTS,STREET LIGHTING,TRAFFIC SIGNALS,AND THE EXTENSION OF ANY NECESSARY UTILITY LINES BENEATH THE STREET,TOGETHER WITH ALL NECESSARY,APPROPRIATE,INCIDENTAL,CONVENIENT OR APPURTENANT FACILITIES,LAND,AND EASEMENTS IN CONNECTION THEREWITH,WITHIN THE TOWN’S SPECIAL IMPROVEMENT DISTRICT NO.98-1;SUCH BONDS TO BE PAYABLE SOLELY FROM REVENUE GENERATED BY SPECIAL ASSESSMENTS IMPOSED ON PROPERTY WITHIN THE DISTRICT WHICH IS SPECIALLY BENEFITED BY SUCH IMPROVEMENTS;PROVIDED AND IN CONNECTION THEREWITH SHALL THE TOWN BE AUTHORIZED TO COLLECT AND SPEND THE PROCEEDS OF SAID BONDS AND THE REVENUE GENERATED BY SUCH SPECIAL ASSESSMENTS,AND ANY INVESTMENT EARNINGS THEREON,AS A VOTER- APPROVED REVENUE CHANGE AND AN EXCEPTION TO ANY REVENUE OR SPENDING LIMITATIONS WHICH MIGHT OTHERWISE APPLY,WITHOUT LIMITING THE COLLECTION AND SPENDING OF ANY OTHER REVENUES OF THE TOWN? It was moved and seconded (Hix/Baudek)Resolution 12-98 be approved,and it passed unanimously. C.Resolution #13-98:Parcel 1,Stanley Historic District -Reimbursement.Attorney White reported that this Resolution stated the Board’s official intent to reimburse itself for the expenditures from proceeds of tax—exempt special assessment bonds expected to be issued in a maximum principal amount of $1,950,000.It was moved and seconded fHix/Jeffrey)Resolution #13-98 be approved,and it passed unanimously. ID.Agreement with Larimer County for Election Services -Coordinated Election November 3,1998.A standard Agreement for Election Services with Larimer County for the coordinated election November 3,1998 was presented.Clerk O’Connor anticipates that the cost of participation should be no greater than $100.00.It was moved and seconded (Hix/Barker)the Agreement,as presented,be approved,and it passed unanimously. 8.Acting Town Administrator’s Report: A.Stanley Hall Preservation Project: 1.Approval of contract for water and sewer installation,$4,129.00. 2.Approval of contract for foundation stabilization, $7,400.00. Mountain Plains Constructors was the lowest bidder for both items and the bids are within budget.It was moved and seconded f3audek/Hix)both Contracts,for a total expenditure of $11,529.00,for the Stanley Hall Renovation Project be approved,and it passed unanimously. Upon completion of all agenda items,Mayor Dekker and Trustees expressed their appreciation to Gary Klaphake for his Board of Trustees -August 25,1998 -Page 7 contributions and leadership to the Town of Estes Park,and noted that the Tbwnwi11 express their appreciation at an Open House September 1st from 3:00—5:00 p.m.at the Senior Center.The community was invited to attend. There being no further business,Mayor Dekker adjourned the meeting at 10:10 p.m.Li Vickie O’Connor,Town Clerk El