HomeMy WebLinkAboutMINUTES Town Board 2019-07-23Town of Estes Park,Larimer County,Colorado,June 25,2019
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 23’day of July,2019.
Present:Todd Jirsa,Mayor
Cody Rex Walker,Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present:Frank Lancaster,Town Administrator
Travis Machalek,Assistant Town Administrator
Dan Kramer,Town Attorney
Jackie Williamson,Town Clerk
Bunny Victoria Beers,Recording Secretary
Absent:None
Mayor Jirsa called the meeting to order at 7:00 p.m.and all desiring to do so,recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Walker/Bangs)to approve the Agenda with the
continuation of the Report and Discussion Item to August 13,2019,and it passed
unanimously.
PUBLIC COMMENTS.
Wallie Burk,owner of the Silver Saddle Inn stated concerns regarding attendance at his
business.He encouraged the Board to consider increasing advertising and expand
attractions to generate revenue rather than rely on National Park attendance to sustain
Estes Park.
TOWN BOARD COMMENTS
Trustee Zornes stated the Behavioral Health Policy Committee met on July 17,2019 to
make recommendations to distribute $845,000 in funds to 11 agencies which were
collected through sales tax in 2018.The Estes Park School District would receive
$100,000 in funding for behavioral health services for students in need.A remaining
$155,000 would be available for Community grants after August 1,2019.He added the
Open Lands Advisory Committee meeting would take place on July 25,2019.
Trustee Norris stated the Family Advisory Board meeting was held on July 15,2019 to
discuss the needs of families.The Town Board and the Larimer Board of County
Commissioners would meet on July 29,2019 to discuss the IGA with the Town and
County.
Mayor Jirsa stated the Platte River Power Authority meeting would be held on July 25,
2019 to discuss bringing more renewable options to the service area.
Trustee Bangs stated Parking and Transit Manager Solesbee presented a report to the
Transportation Advisory Board related to data collected by the license plate monitoring
occurring in Town owned lots.A report of data would be presented to the Board in the
Fall 2019 and discuss how the data collected relates to the Downtown Parking
Management Plan.She added data shows an increase in use of the parking garage in
2019.
Trustee Cenac stated the Trustee Talk was held on July 17,2019 and encouraged public
attendance at the meetings to engage in conversations on public concerns.
Board of Trustees —July 23,2019—Page 2
Trustee Martchink stated the Parks Advisory Board continues to research the Noxious
Weeds Ordinance,review the Arts in Public Places Policy and research future funding
mechanisms for public artwork.
—
-TOWN ADMINISTRATOR REPORT.
Administrator Lancaster provided a Board Policy Governance quarterly report on Policy
3.3 Financial Condition and Budgeting,Policy 3.12 General Town Administrator—Internal
Operating Procedures,and Policy 3.13 Town Organizational Plan.He reported
compliance with all areas.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated July 9,2019 and Town Board Study Session Minutes
dated July 9,2019.
3.Family Advisory Board Minutes dated May 2,2019 (acknowledgment only).
4.Estes Valley Planning Commission Minutes dated June 18,2019,Study Session
Minutes dated June 18,2019,and Amended Minutes dated October 16,2018
(acknowledgment only).
5.Parks Advisory Board Minutes dated June 20,2019 (acknowledgment only).
6.Resolution 21-19 Authorizing Participation in the Colorado Statewide Investment
Program (CSIP)as a third investment pool.
7.Resolution 22-19 to Support the Application for Colorado Parks &Wildlife (CPW)
Colorado the Beautiful Trails Grant Program for Fall River Trail Extension Project.
8.Revised Policy 660 -Fund Balance.
9.Transfer of the Dannels Fire Station to tho Estes Valley Fire Protection District and
an ISA for Access to Town Communication Facilities in the Dannels Fire Station.
10.Family Advisory Board Appointment of Sue Strom and Christy DeLorme for terms
expiring April 15,2022.
11.Acceptance of Town Administrator Policy Governance Monitoring Reports.
12.Town Administrator Employment Contract.
13.First Amendment to Agreement with Avi Rocklin for Prosecuting Attorney Services.
It was moved and seconded (Zornes/Norris)to approve the Consent Agenda,and
it passed unanimously.
2.LIQUOR ITEMS:
1.TRANSFER A LODGING &ENTERTAINMENT LIQUOR LICENSE FROM
TAHARAA MOUNTAIN LODGE TO TAHARAA MOUNTAIN LODGE LLC OBA
TAHARAA MOUNTAIN LODGE,3110 S SAINT VRAIN AVENUE,ESTES PARK,
CO 80517.Town Clerk Williamson presented the transfer application for the liquor
license stating all necessary paperwork and fees had been submitted.A temporary
permit was issued on June 28,2019.The applicant also owns Twin Owls
Restaurant and has completed TIPS training in the past.Owner Thad Egan stated
the Black Canyon Inn sold with the new owner intending to operate as a wedding
only venue.Taharra Mountain Lodge was purchased with the intent to eventually
move the Twin Owls restaurant to the Taharra Mountain Lodge location.There
being no further discussion,it was moved and seconded (Zornes/Norris)to
approve the transfer of a Lodging and Entertainment Liquor License filed by
Taharaa Mountain Lodge LLC dba Taharaa Mountain Lodge,3110 S Saint
Vram Avenue,and it passed with Trustee Bangs recusing herself.
Board of Trustees—July 23,2019—Page 3
3.PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff
for Town Board Final Action.
1.ACTION ITEMS:
A.AMENDED PLAT,LOTS iSA &16A,GRAND ESTATES ADDITION,
WALLACE AND LAURINE BURKE,OWNER,DBA BEST WESTERN PLUS
SILVER SADDLE INN.Mayor Jirsa opened the public hearing.Planner
Hardin stated the amended plat would reconfigure two platted lots,vacate
existing easements and dedicate new easements.The property owner
submitted a development plan to add 18 guest units,move the swimming pool
to a new indoor location,addition of staff and guest laundry facilities,staff
break rooms,guest lounge and an office.The changes would create lots 15B
and 1 6B.The applicant stated the property would be increased from a second
story to a third story property.Staff recommended the approval of the
amended plat.Mayor Jirsa closed the public hearing.It was moved and
seconded (Norris/Cenac)to approve the application for the amended plat
to reconfigure Lots ISA and 16A of Grand Estates Addition and vacate
and dedicate easements as presented,and it passed unanimously.
B.FINAL PLAT,GRADY MINOR SUBDIVISION.625 W ELKHORN AVENUE,
PANORAMIC ESTES,LLCIOWNER.Mayor Jirsa opened the public
hearing.Planner Woeber stated the request would subdivide one parcel into
two legal lots and is located north of West Elkhorn Avenue,east of James
Street,and west of Far View Drive,within Town limits.The property is zoned
E-1 Estate containing a total land area of approximately 2.29 acres and is
currently developed with two single family homes and a detached garage.
Staff recommended the approval of the final plat.Mayor Jirsa closed the
public hearing.It was moved and seconded (CenacMalker)to approve
the Grady Minor Subdivision Final Plat according to findings as
presented,and it passed unanimously.
C.ORDINANCE 19-19 RIGHT-OF-WAY VACATION,PLATTED STANLEY
COURT LOCATED BETWEEN COMANCHE STREET AND DUNRAVEN
STREET,MARK NEWENDORP,AGA DEVELOPMENT LLC,APPLICANT.
Mayor Jirsa opened the public hearing.Planner Woeber stated the ordinance
presented vacates an existing platted,but never built right-of-way.Per state
statute,vacated rights-of-way merge with the adjoining property or properties
with half of the right-of-way going to each laterally adjoining property.The
vacation does not leave any property owner without street access.Due to a
water line in the area,staff have recommended a condition of approval be a
dedicated twenty-foot (20’)utility easement to the Town.Mayor Jirsa closed
the public hearing and Attorney Kramer read the ordinance into record.It was
moved and seconded (Norris/Martchink)to approve Ordinance 19-19,
vacating platted Stanley Court,with the condition of approval as
recommended by staff,and it passed unanimously.
D.SUPPLEMENTAL CONDOMINIUM MAP #8,SUNDANCE
CONDOMINIUMS,1400 SIERRA SAGE LANE,KINLEY INVESTMENT,
NATHAN KINLEY,OWNER.Mayor Jirsa opened the public hearing.Planner
Woeber stated nine units have been built with the required Supplemental
Condominium map filed and recorded per the Development Code.The tenth
unit requires approval and filing as the Eighth Supplemental Condominium
Map for Sundance Condominiums.Trustee Martchink requested clarification
on a map presented with a miss-labeling of a street as Fall River Road which
require correcting to Sierra Sage Lane.Mayor Jirsa closed the public hearing.
It was moved and seconded (Cenac/Norris)to approve the Eighth
Supplemental Condominium Map for Sundance Condominiums with the
correction to the mislabeled road name on presented map #8,and it
passed unanimously.
Board of Trustees —July 23,2019 —Page 4
E.ORDINANCE 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE REGARDING THE “PARK AND RECREATION FACILITIES”USE
REVISING THE DEFINITION,REVISING THE PERMITTED USES TABLES,
AND ADDING SPECIFIC USE STANDARDS.Mayor Jirsa opened the public
hearing.Trustee Walker recused himself due to private property with an
existing grandfathered use.The Town Board reviewed the amendment at the
April 9,2019 public hearing where staff were directed to inventory existing
uses in the Estes Valley which may be impacted by the change continuing
the item to May 28,2019.At the May 28,2019 public hearing the Board
directed staff to revise the amendment due to concerns regarding
grandfathered use which may limit any existing,grandfathered use from
growth or expansion.The amendment was further reviewed at the July 9,
2019 study session where staff presented the Board with revisions which
would allow Park and Recreation Facilities as a “Special Review”use in
residential zoning districts.Based on the Board direction staff presented three
exhibits for review.Exhibit A [RED]as the original amendment drafted and
recommended by the Planning Commission which has not been revised.
Exhibit A [BLUE]amendment would allow Private Park and Recreation
Facilities in Residential Districts as a “Si”review.Exhibit A [GREEN]was
presented and recommended by staff for approval which distinguishes
“Public”and “Private”use,and included a list of uses in the subsection to
Chapter 5 specifying certain allowed uses which would require a “S2”review.
The 52 review would require a Planning Commission public hearing review
and Town Board approval allowing multiple options for public comment.Town
Richard Ralph/Town citizen and Kent Smith/Town citizen spoke in favor of
Exhibit A [GREEN].
Those speaking against the Ordinance and recommended subsection to
Chapter 5 pending further review included Joanna Dardenrrown citizen and
Jeff Spalding/Town citizen.
Wallie Burke/Town citizen stated his support for increased tourism although
uses should be kept out of residential areas.
Jeff Spaldingrrown citizen spoke in favor of the Exhibit A [Red]or Exhibit A
[GREEN].He stated any commercial uses on private lots goes against the
meaning of residential lot.There has to be a two-stage process with ample
public hearing opportunities to ensure public concerns are addressed.The
list of potentially allowed uses requires careful consideration with public input.
Doug Sacarto/County citizen questioned “Public”versus “Private”uses.He
stated if the use brings a crowd it is contrary to the use as a private residence.
Additionally,he questioned the measurement of low impact in private
residences and stated the moratorium should be sustained.
Jay Vetter/County citizens suggested the Board consider rezoning of
undeveloped properties versus the proposed amendments.
Mayor Jirsa closed the public hearing.Board discussion followed and
comments have been summarized:Concern over the continuance of the
moratorium,the need for multiple review stages and public input,and
concerns for the specific use list in the subsection of Chapter 5 which may be
limiting or could become to lengthy if items continue to be added or modified.
A substitute motion was recommended to approve Ordinance 05-19 Exhibit
A [RED]as approved by the Planning Commission,and died for a lack of a
second.
It was moved and seconded (Cenac/Martchink)to direct staff to proceed
with Exhibit A [GREEN],clarify the list of uses in the subsection of
Chapter 5 with definitions and continue the item to August 27,2019,and
Board of Trustees —July 23,2019—Page 5
it passed with Mayor Pro Tern Walker abstaining and Trustee Zornes voting
“No”.
F.ORDINANCE 20-19 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE REGARDING “SELF-SERVICE MINI-STORAGE”IN NON
RESIDENTIAL ZONING DISTRICTS,TABLE 4-4.Mayor Jirsa opened the
public hearing.Planner Hardin stated a local business owner contacted staff
regarding expanding his mini-storage business.This led to staff discovering
seven mini-storage facilities zoned CO Outlying Commercial which are legally
non-confirming and are unable to expand.This was due to the rezoning which
occurred in 2000.The amendment would include self-service rnini-storage
use allowed in the CO zoning district following the Si review process.The
amendment also restricts those facilities on major arterial streets or highways.
Mayor Jirsa closed the public hearing and Attorney Kramer read the
ordinance into record.It was moved and seconded (Norris/Walker)to
approve Ordinance 20-19,and it passed with Trustee Cenac abstaining.
4.ACTION ITEMS:
1.RESOLUTION 23-19 SUPPLEMENTAL BUDGET APPROPRIATIONS.Director
Hudson reviewed the budget appropriation highlighting eligible spousal coverage,
small settlements claims,General Funds increase,and Trails Fund increase.
There being no further discussion,it was moved and seconded (Norris/Zornes)
to approve Resolution 23-19,and it passed unanimously with Trustee Bangs not
present to cast a vote.
2.POWER &COMMUNICATIONS DIVISION PURCHASE OF LOT 9,DEVILLE
SUBDIVISION,1180 WOODSTOCK DRIVE.Director Bergsten stated the
purchase would be for office and warehouse space to support the construction and
long-term operations of a new high-speed broadband network for businesses and
residents.Staff has discussed options with contractors to reduce the construction
estimate.John Meissnerrrown citizen stated concern for the cost and the
acquisition of more property.Director Bergsten stated the property is located in an
ideal location with an existing building adequate for remodeling and use.It was
moved and seconded (Bangs/Martchink)to approve the Power &
Communications Division Purchase of Lot 9,Deville Subdivision,1180
Woodstock Drive,and it passed unanimously.
3.APPOINTMENTS TO THE LARIMER COUNTY SOLID WASTE ADVISORY
COUNCIL.Staff recommended Trustee Zornes and Howard Laurens,Town
resident to represent the Town on the Solid Waste Advisory Council.It was moved
and seconded (Norris/Cenac)to appoint Trustee Zornes and Howard Loren to
the Larimer County Solid Waste Advisory Council,and it passed with Trustee
Zornes abstaining.
4.AMENDED MEMORADUM OF UNDERSTANDING (MOW WITH THE ESTES
PARK HOUSING AUTHORITY (EPHA).Assistant Town Administrator Machalek
stated the amendments remove the reference to Town-provided office space,
clarifies language as it relates to Strategic Planning for Housing,removed use of
the Town Attorney for legal services,minor advisement to other support services
and would eliminate the EPHA’s agreement to continue to attempt to reduce
annual requestforfunding.Staff recommended approval of the amended MOU.It
was moved and seconded (Zornes/Norris)to approve the amended MOU with
the EPHA,and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting
UiVitoria Beers,Recording Secretary
Todd Jirsa,M