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HomeMy WebLinkAboutMINUTES Town Board 1998-09-08“Town of Estes Park,Larimer County,Colorado,September 8,1998 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 8th day of September,1 998. 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 7:31 p.m. PUBLIC COMMENT: Patrick Cipolla questioned why the Town was spending over $16,000 on the Talmey Drake Survey when,in his opinion,the survey questions had already been asked at a much cheaper cost in the recent Trail Gazette Survey.Mr.Cipolla also questioned reliability of the data based on the 400 randomly—placed calls, which could include the Trustees.In summary,Mr.Cipolla suggested the official survey be canceled and that a self—mailer questionnaire be utilized (cheaper and more reliable).Mr. Cipolla also commented on a recent Trail Gazette article in the “Horizons”section where Gary Klaphake was interviewed. George Hockman,1625 Prospect Estates Dr.,commented on appropriate decision—making by the Town Board,specifically relating to the short—term rental ordinance,and he urged the Board to make decisions not on who writes the most letters to the editor or calls,but rather what is best for the community. Mayor Dekker and staff responded that professional community surveys were initiated in 1988 to determine precisely how the community felt about certain issues.Mail—out surveys are unreliable from a statistical standpoint;Talmey Drake selects the number of responses needed;the survey is demographically correct, i.e.male/female ratio,age,inside/outside Town limits.The Trail Gazette survey is not statistically reliable.Mayor Dekker reiterated that the Town Board does attempt to make decisions based on what is best for the community,and he expressed the Board’s appreciation for the comments. TOWN BOARD COMMENTS: Trustee Hix commented that he had previously declared a conflict of interest for the Wildfire (Homestead)Ridge annexation;however, based upon current legal advice,he does not have a conflict of interest,thus he will participate and vote on this issue. Trustee Baudek noted that the Mayor and Town Board desire additional input from residents (citizen views,questions, concerns)on the short—term rental issue.Therefore,an informal meeting to gather such input prior to adoption of an ordinance is planned Thursday,September 24,1998 at 7:00 p.m.in the Board Room.Citizens are encouraged to express their views as this is an important issue for both the Town and Valley. Board of Trustees -September 8,1998 -Page 2 Trustee Baudek also commented that at a recent Public Safety Committee meeting,a proposed Noise Ordinance was discussed. Several noise ordinances from surrounding municipalities were reviewed,and it became clear specialized equipment and training would be required.The Committee decided to take no action; however,staff was advised to continue researching this issue. CONSENT CALENDAR: 1.Town Board Minutes dated August 25,1998. 2,Bills. 3.Committee Minutes: A.Planning Commission,August 18,1998 (acknowledgment only). B.Community Development,August 27,1998: 1.Approval of 1998—99 Rooftop Rodeo Committee Members. C.Board of Adjustment,September 1,1998 (acknowledgment only). D.Public Safety,September 3,1998: 4.Final Plat of Lot 2,Venner Subdivision,Robert &Iris Trumbull Trust/Applicants.Mayor Dekker opened the public hearing for consideration of this final plat.As there was no public testimony,Mayor Dekker declared the public hearing closed,and it remained on the Consent Calendar. 5.Amended Plat of Tract 18,Beaver Point,Second Addition,David &Brenda Lemke/Applicants —Continue Public Hearing to October 13,1998. 6.Amended Plat of Lots 12,13 and 14,Block 1,Fall River Estates,Lienemann,Goff,Harrison,Jobe/Applicants —Continue Public Hearing to October 13,1998. It was moved and seconded (Hix/Doylen)the consent calendar be approved,and it passed unanimously. ACTION ITEMS: 1.Certificates of Participation (COPs)Refinancing (Golf Course)Ordinance #16-98.Trustee Hix declared a “conflict of interest”and stated lie would not participate in discussion nor vote.Finance Officer Vavra introduced Jim Manire/James Capital Advisors,and reported that in 1990,the Town issued COPs for $1,135,000 which were used to renovate the 18—hole golf course and clubhouse.Staff has been working on refinancing the COP issue with James Capital Advisors and it was recommended the Town seek private rather than public placement of the bonds.The Estes Park Building Authority and EVRPD Board have met to review all the associated documentation,and United Valley Bank has committed a flat interest rate of 5.5%,with the option of advance principal payments.The term of the bonds remains the same (2009),with the same security and trustee.With this issue,United Valley has waived the Reserve Fund requirement of over $100,000. This ground lease will now be renewable every two years which should save the EVRPD $79,000 over the eleven years of debt service payments.The cost associated with the refinancing is approximately $30,000,which will be paid at closing in mid October.Attorney White clarified the Agreements relative to management,revenues,and COPs.Mr.Manire commented on the transaction,reiterating that reducing the interest rate on Board of Trustees -September 8,1998 -Page 3 the COPs for the EVRPD does save the District $79,000 over the next 11 years.The EVRPD,as well as the Building Authority, have approved resolutions authorizing this transaction to proceed.It was moved and seconded (Doylen/Marshall) Ordinance #16-98 be approved,and it passed with Trustee Hix abstaining. 2.Adoption of 1997 Uniform Building Codes (continued from August 11 and 25,1998)Ordinances #10-98 through #13-98.Community Development Director Stamey reviewed specific changes between the 1994 and 1997 Building Codes.In comparing 1994 and 1997 fees,staff confirmed that the 1997 fee schedule is an increase of 3.9%/yr.,while the Town’s salary and benefit costs have typically increased 4.0%—4.5%/yr.In staff’s opinion,there are no changes that substantively affect construction requirements or building costs.Also,to improve customer service,a second full—time building official has now been added.A graph indicating building permit revenue compared to building inspection expenditures from 1993—1998 was presented.Thus far in 1998,revenues were $220,000, while expenses were $117,548;staff believes the peak end of 1997 and early 1998 reflect the 1%growth limit election.In the 1999 Budget,a second vehicle is being proposed for the additional Building Official,and computerization of the Building Dept.are planned.Fees cannot be compared to Larimer County as the County operates the Building Dept.as an Enterprise Fund.In addition,staff has received requests for building permit fee refunds (associated with the 1%limited growth proposal)as,based on personal reasons,construction has not occurred.Staff has granted these requests.Refunding a portion of the fee.Trustee Barker noted his appreciation for staff’s memo which answered many questions.Building Official Birchfield commented:that in his previous jurisdiction,the modifier was not utilized,and building permit fees were 19%higher;he reviewed the ICBO update comparing the 1994/1997 Codes,the plan check list,and all comments and he found no significant changes—and changes are in style not substance.Building Official Aliman stated that adoption of the ICBO Codes aides those in the building industry to more easily transition between many jurisdictions. Jerry Palmer requested confirmation on how the fees collected compare to costs incurred within the department?Director Stamey referred the question to the graph presented to the Town Board:omitting the spike,revenues equal $160,000,and direct costs such as salary equal $145,000,$20,000 below revenues without the application of direct costs.Confirming that building permit fees appear to be fair based on the revenues and expenditures graph,it was moved and seconded (Doylen/Hix)Ordinances #10-98 through #13-98 listed below be approved,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. 3.Wildfire (Homestead)Ridge Annexation (Continued from August 25,1998).Mayor Dekker opened the public hearing and Community Development Director Stamey reported that the annexation request comes to the Town Board with a tie—vote from the Planning Commission.A “flagpole”annexation is being requested and the proposed annexation does conform to the statutory requirements for annexation.The Planning Commission did,however,forward a favorable recommendation for C-O Outlying Commercial zoning.An Annexation Agreement Board of Trustees -September 8,1998 -Page 4 was prepared that anchors the Annexation to the Development Plan,and Director Stamey confirmed that the property owner, Pinnacle Land Developers,LLC,has agreed to all recommendations of staff.The area contains 13.2 acres,and the proposed annexation is unique as the property is not totally contiguous with Town boundaries (i.e.flagpole).A total of 44 dwelling units are being proposed on the Development Plan,and an existing kennel;70%of the site is in open space,with no density bonus or variances being requested.Although the Town Board does not approve development plans,as the Annexation Agreement and Development Plan are anchored,any request for amendments would be submitted to the Town Board for their approval.All of the conditions have been reviewed with the applicant,including a memorandum dated September 8th submitted by the Public Works Dept.regarding construction drawings.Staff confirmed receipt of a letter from the applicant agreeing to all terms as contained in the Annexation Agreement.An Attorney’s letter and signed Annexation Plat have been received;however,minor changes and notes must be added. Trustee questions/comments included:what would be allowed under County zoning (the property is currently zoned County C—Commercial which permits auto sales/repair,luinberyards,pet store,veterinary clinic,carpenter shops,assembly,etc.); precedence of flag pole annexation and if such annexations occur in other areas (Loveland approved a flag pole annexation when the factory outlet store site was annexed—the Town may receive similar requests in the future,the goal is to make a logical extension of Town boundaries,as in including all of Dry Gulch Rd.on this particular annexation).Attorney White commented that virtually all municipalities in Colorado have used flagpole annexation which is permitted under State Statute.As the property contains an existing commercial use (kennel),Outlying Commercial zoning rather than R-M zoning is being requested.The site has undergone substantial changes from Planning Commission hearing,and the Planning Commission was in favor of the development as the building mass will occur in the interior of the site,and there is significant open space.It is assumed the outlots will be owned/managed by private ownership.The Town—owned open space in the Lone Pine Subdivision was clarified. Applicant’s Attorney Jim Martel commented that relative to the concept of flagpole annexation,this type of annexation is specifically recognized by State Statute and used by many other communities.The site should and can be integrated into the Town itself,and it is certainly capable of being urbanized.The property is currently zoned C-Commercial in the County,and the Comp Plan indicates commercial as well; the site is within the municipal expansion area according to Larimer County;utilities are immediately adjacent;there is planned open space which the Homeowners Assn.will maintain as well as interior streets;C—O zoning is being requested primarily due to an existing kennel;development will be an asset to the community;the Annexation Agreement protects the Town as the Agreement is anchored specifically to the plan. The major advantage to the Town is that the Town gains control as to how the property will be developed.All of staff’s concerns/conditions have been thoroughly reviewed,and they are now a part of the Annexation Agreement;required notes will be added to the plat;the Agreement will be recorded with plat;the flagpole portion is small,160’.Attorney White confirmed that annexation occurs at the discretion of the Town Board.Staff confirmed that the owner will perform road maintenance on internal streets only;that portion of Dry Gulch Road that is included in this annexation proposal will be maintained by the Town. Board of Trustees -September 8,1998 -Page 5 Additional comments were heard from:Judy Lamy,who expressed concern with setting a precedent,approves of the development but not the “flagpole”portion,suggested the Town Board consider the larger scope of this proposal.Patrick Cipolla commented that he was in favor of the annexation,bu against the impact on present taxpayers—”growth should pay fo its own way”,and he suggested the Town assess developers for their housing projects to ensure increased growth costs are not being funded by the taxpayers.Ralph Nicholas stated that although flagpole annexation is legal,it should follow a logical need,all previous annexations do follow contiguous boundaries where both sides of the property have agreed.Mr. Nicholas urged the Town Board to implement the Comp Plan and Zoning Plan;the current Plan is far preferable to the first submittal;and it is basically in compliance with Larimer County and the Town.Alan Aspinall,Vice President/North End Property Assn.expressed concern with on precedent and commented on the concept of a buffer;he is not personally opposed to the annexation Attorney Martel responded that there is no concept of precedent with this annexation,the Town Board is not bound to approve any future annexation. Ms.Lamy urged the Board of Trustees to consider the future of the valley. Staff responded to additional Trustee comments:the sound barrier criteria for the existing kennel could be similar to that required for the Animal Medical Center;there is no legal precedent with approval of this annexation;uses allowed in the County could be broader;the water main extended to the Honda School was sized in accordance with the Water Master Plan as well as for future development.Attorney White read a letter in opposition submitted by Tom Wood. There being no further testimony,Mayor Dekker closed the public hearing.Trustee Baudek stated that flagpole annexation is neither good nor bad,it is a legal means to an end.The question is,regardless of flagpole annexation, whether or not the Town desires the proposal—is it good for the Town,it is good for the Valley?As far as setting a precedent,if this case would come before the Board tomorrow, the Trustees would use the same approach and look at merits of the presentation.The Applicant has not stated,as other developers have in the past,that if he does not receive approval of this plan,something less desirable could be constructed.Trustee Baudek noted his concern with some of the possibilities of what could be developed on this site,and the lack of control the Town would have.With this proposal, the Town has better control and assurances that development meets the desires of the Town and Valley.What is being proposed is housing,and there cannot be any dispute that more housing is needed for workers—people that live in this Town and work here.Trustee Baudek referred to the 8/19/98 Trail Gazette article relating to housing costs and teacher hirings. The School District is experiencing difficulty in hiring teachers due to the strained housing market as well as the cost of housing.This proposal is not something bad—if steps are not taken to improve housing,we’re going to have a problem,which is actually occurring today.Trustee Hix agreed,adding that if approval is not granted at this time, the property may never be annexed,and the Board is under an obligation to try to extend to residents in the Valley an opportunity to vote.The Town will have control,the housing issue,particularly for employee housing,is very important. Board of Trustees -September 8,1998 -Page 6 Trustee Marshall questioned whether annexation was beneficial or detrimental.In his opinion,it is beneficial.The Town assisted with the employee housing experiment at The Chalet, and this property is now for sale.Trustee Jeffrey also agreed with Trustee Baudek,adding that she hopes housing prices for this development are somewhat affordable,that this is the direction the developer is taking with this project. Mayor Dekker stated that affordability is a personal decision. Trustee Barker expressed concern with the further erosion of the commercial base in the community,however housing is paramount,particularly for service workers.Mr.Ingersoll was commended for his attempt to provide affordable housing with the unfavorable comments previously expressed by the community.Trustee Doylen also expressed concern with the eroding commercial base,and supported the buffer which is more in keeping with the existing residential character of the north end. It was moved and seconded (Hix/Doylen)Annexation Resolution #14—98 be approved,and it passed unanimously.It was moved and seconded (Doylen/Baudek)Annexation Ordinance #17-98 be approved contingent upon receipt of a fully—executed Annexation Agreement which is to include all staff’s conditions as previously discussed,including the Public Works Memorandum dated September 8,1998 and a revised Development Plan and supporting drawings,and it passed unanimously.It was moved and seconded (Doylen/Hix)Zoning Ordinance #18-98 for C—O Zoning be approved,and it passed unanimously. Mayor Dekker expressed appreciation for all those who participated in the public hearing. 4.Resolution #15-98 -Authorizing Surprise Sale Days October 10 &11,1998.Special Events Director Hinze requested approval of a Resolution providing for the 8th Annual “Surprise Sale” (sidewalk sale)on October 10 and 11,1998.Guidelines were reviewed,and it was moved and seconded (Doylen/Hix) Resolution #15-98 be approved,and it passed unanimously. 5.Town Administrator’s Employment Agreement.Mayor Dekker presented a proposed two—yr.Employment Agreement naming Rich Widmer as Town Administrator.It was moved and seconded (Hix/Jeffrey)the Mayor be authorized to executive the Employment Agreement as presented,and it passed unanimously. Congratulations were extended to Administrator Widmer. 6.Estes Park Conference Center Service Agreement,and Food and Beverage Concession Agreement.Town Attorney White presented both agreements which now contain five 1—yr.renewal periods, through 12/31/2002.The amended Agreements reflect current bond law.Under new Federal Tax Law,payment will be reduced to meet the 5%criteria.It was moved and seconded (Marshall/Barker)the Mayor be authorized to execute both Agreements as presented,and it passed unanimously. 7.Appointments/Re-appointments.Mayor Dekker requested approval of the following appointments/re—appointments.It was moved and seconded (Hix/Jeffrey)the following be appointed,and it passed unanimously: A.EPUPA:Gerald W.Swank and Paula Steige,5-yr.terms expiring 9/14/03 (re—appointments);Rich Widmer (appointment),completing vacancy (Klaphake),5—yr. term,expiring 9/14/00. Board of Trustees -September 8,1998 -Page 7 B.PRPA:Richard Matzke (appointment),completing a vacancy (Widmer),term expiring 12/31/99. C.Planning Commission:Stephen W.Gillette,completing a vacancy (Gilfillan),6—yr.term expiring 4/00. Following completion of all agenda it s,Mayor Dekker adjourned the meeting at 9:42 p.m. obert L.Dek er,Mayor ‘) Vickie O’Connor,Town Clerk