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Home My WebLink AboutMINUTES Town Board 2022-07-26Town of Estes Park, Larimer County, Colorado, July 26, 2022 Minutes of@Regular meeting of the Board of Trustees of the Town of Estes R3/k. Lah[D8[Countv. Colorado. Meeting held in the Town Hall in said Town ofEstes Park onthe 2Gz»day ofJuly, 2O22. Scott VVebenneer,Mayor Pro Tern Trustees Marie Cenao KirbyHaoa|ton BmrbonaMauA|pine PotriokMmrtnhink Also Present: Travis yNacha|mk.Town Administrator Jason Demwebar, Assistant Town Administrator Don Kranler, Town Attorney Jackie Williamson, Town Clerk Absent: Mayor Wendy Koenig Trustee Cindy Y0ung|und Mayor Pro Tern Webermeier called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION —ESTESPARK RECYCLES DAY. Mayor Pro Tern Webermeier presented a Proclamation for the Estes Park Recycle Day on August 27, 2022 and encouraged the citizens of Estes Park to bring their electronics, scrap metal and paper tobeshredded during the event. AGENDA APPROVAL. It was moved and seconded (Hazelton/Cenac) to approve the Agenda with Action Items 2 and 3 reordered, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee comments have been summarized: Bustong ridership has increased in 2022; special joint meeting of the Town Boand, County Commissioners and Visit Estes Park (VEP) Board would be held to discuss the possible increase to the lodging tax for workforce housing and childcare; Restorative Justice would hold their annual golf tournament; Restorative Justice added six new and donated over huura�. community conversations tocontinue in conjunction with the library; VEPcontinues ho work on the next steps related to the Lodging Tax Task Force recommendations; accommodations seeing mid -week dip in reservation and short booking windows; CnmpPAC met and discussed focus areas. land use areas, draft land use map, and built environment; a community meeting would be held to discuss the draft comprehensive p|an� and the Board requested a discussion at an upcoming Board meeting on Ordinance 02-22 which established a workforce housing linkage fee for vacation homes. TOWN ADMINISTRATOR REPORT. Nona. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated July 12. 2022 and Town Board Study Soeokm Minutes dated July 12.2D22. Board of Trustees — July 26, 2022 — Page 2 3. Estes Park Board of Adjustment Minutes dated April 5, 2022 (acknowledgment only). 4. Resolution 59-22 Memorandum of Understanding to Provide Mutual Aid and Assistance in Investigations and Intervention Concerning Allegations of Child Abuse and Neglect with Larimer County and Local Law Enforcement Agencies. 5. Revised Policy 306 Leave — To Provide Sick Leave to All Employees Including Season Employees and Employees Working Fewer Than 20 Hours Per Week as Required by the Colorado Healthy Families and Workplaces Act. It was moved and seconded (Hazelton/Cenac) to approve the Consent Agenda, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. DISCUSS REQUEST FROM THE ESTES PARK HOUSING AUTHORITY TO PROVIDE FINANCIAL SUPPORT FOR LAND -BANKING OPPORTUNITY. Assistant Town Administrator Damweber presented the Board with a request from the Estes Park Housing Authority to partner in the acquisition of an 11.35-acre property off Mary's Lake Road zoned E-Estate for a possible land banking opportunity to construct workforce housing. He stated the property has been removed from the market; however, staff anticipates the property would be for sale in the near future. Staff requested feedback from the Board on the philosophy of funding future opportunities to land bank. Scott Moulten/Estes Park Housing Authority Executive Director requested the Board provide the Authority with feedback on options presented in the memo to partner in the future: Option 1 — complete funding of the purchase price of $1.375 million; Option 2 — funding of the down payment of 50%; Option 3 — funding of the down payment of 30%; or Option 4 — providing a minimum of $400,000 which would require additional funding to be identified through predevelopment and construction. The Authority would like to be in a strong position to take action when the Mary's Lake property or other similar properties become available. He stated the Authority has the necessary funds for the earnest money and has approximately $600,000 in operating reserves to leverage. Town Board discussion has been summarized: Board questioned what staff would need to react to opportunities and to utilize the current workforce housing funds; questioned the process used by the Authority to evaluate these opportunities; a special meeting could be called to consider a purchase in the future; the Board stated agreement with utilizing current workforce housing funds, however, additional funding should be approved by the Board through a special meeting; questioned how the Town funds would be utilized; and the discussion demonstated how little $500,000 addresses workforce housing issuess and a need for a multi -prong approach. Staff stated land banking would be the most significant move and investment in the future development of workforce housing. A policy outlining when the workforce housing funds could be used and appropriating the funds in the annual budget would allow staff the flexibility to react to opportunities without first bringing the item forward for Board approval. Staff would review what other communities have adopted to address workforce housing development and bring information forward for an additional policy discussion. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 11-22 REZONE TOWN -OWNED PARCEL 3522400923 FROM RURAL ESTATE RE-1 TO TWO-FAMILY RESIDENTIAL R-2. Mayor Pro Tem Webermeier opened the public hearing. Director Garner provided a review of the Board nfTrustees — July 26,2U22—Page 3 request stating RE-1 zoning district only exists for three lots within the Estes Park development area. Two properties are owned by Rooky Mountain National Park (RMNP) and one property contains a water tank at the end of Castle Mountain Road operated bythe Town'sWater Division, The Town'slot at4.U7acres does not meet the minimum acreage requirements of the zoning district of 10 aonao, and the Town has no intent tofurther develop the lot. The request to rezone to R-2 would be in alignment with the zoning of adjacent property. The Planning Commission recommended approval of the rezoning. Mayor Pm Tem VVebermeier closed the public hearing. It was moved and seconded (N1artohink/MauA|pine) to approve Ordinance 11'22, and it passed unanimously. B. ORDINANCE 12-22PARCEL DISCONNECTION REQUESTS FROM ROCKY MOUNTAIN NATIONAL PARK PER431-12-SD1(3). C.R.G. Mayor Pro Tern VVobemneier opened the public hearing. Director Garner presented the ordinance and stated the National Park Service acquired three parcels, approximately 917 aonaa in eize, in the mid'2000u in order to protect bighorn sheep habitat and prevent further development adjacent to RMNP. Two of the lots are zoned RE'1, one zoned RE, and all three parcels border the Town boundaries on the north side of Fall River Road. The Park Service has petitioned the Town to disconnect the three pamo|n from the Tmmn, and has already completed a minor boundary revision to incorporate the sites into RMNP, None of the parcels have been dova|npod, and all are vacant of structures. The Board of County Commissioners and affected agencies were notified of the request and no comments or requests to hold a meeting were received. Mayor Pro Tern VVebarmoio/ closed the public hearing. It was moved and seconded (Hazelton/Martchink) to approve Ordinance 12-22, and it passed unanimously. C. ORDINANCE 13'22E3TESPARK DEVELOPMENT CODE AND ESTESPARK MUNICIPAL CODE AMENDMENTS TO REMOVE RURAL ESTATE RE4 ZONE DISTRICT. Mayor Pm Tern VVebermeior opened the public hearing. Director Garner stated the RE'1 zoning district creation pno'dateathe adoption of the former Estes Valley Development Code (B/DC) in November 1999whiuh created a joint planning area, and the wholesale valley -wide rezoning that accompanied those changes. The anecdotal evidence demonstrates the zoning district was created by Larimer County in the early- to mid-1990s — pre -dating the EVDC. Prior to November 1909. RE'1 zoning only applied to land in unincorporated Lahmo/ County. as the Town had no RE'1 orequivalent zoning district. The staff has identified 27 pamo|u that contain 10 or more acres that would qualify for the minimum lot size of the RE'1 district; however, 4096 of the parcels are owned by the public or quasi -public entities and are highly unlikely to propose a single-family house in the future. Nearly all other properties have been developed and would most likely preclude the redevelopment as asingle- family home. As noted during previous hems there are only three parcels designated within Town limits with the RE-1 zoning designation. The hem was recommended bythe Planning Commission for the Board's consideration. Mayor Pm Tern VVebenneiero|osed the public hearing. It was moved and seconded (K4artohink/yNaoA|pino) to approve Ordinance 13'22, and it passed unanimously. ACTION ITEMS: i. ORDINANCE 14-22 AMENDING CHAPTER 8.06 OF THE EGTES PARK MUNICIPAL CODE REGARDING NOISE. Mayor PmTem Webenneienoponed the public hearing. Director [Nuhunon requested consideration of an amendment to the Town's noise ordinance allowing administrative authority to the Town Engineer to issue a right-of-way permit for construction activity in the public right-of-way between the hours of Q pm and 7 am with the following considerations: 1) the nighttime construction would provide fewer cumulative detrimental impacts tuthe public than delayed completion anoouiohad with daytime only construction; 2) the contractor's work zone illumination plan requires shielded light fix1uoya to reduce light spillage outside the work zone; and 3) the Police and the property owners and occupants Board of Trustees — July 26, 2022 — Page 4 located within 500 feet of the nighttime work zone receive at least 48 hour notice prior to the commencement of nighttime work. The amendment would directly assist the Town and its partners in completing the Downtown Estes Loop project in 2024 rather than extending completion during the summer of 2025, thereby reducing the time and overall cost of the project. Board discussion was heard and summarized: questioned what days of the week, time of year, duration, etc. that night construction would occur; questioned the notification to be used; stated notification needs to be completed often to keep the residence informed; the Board requested a personal notification rather than relying solely on social media; questioned if the area would be accessible during construction; a balance needs to be struck between the residents, businesses and the need to complete the project; discussed the need to provide a 1000 foot notification rather than the 500 foot outlined in the proposed ordinance; and a concerted effort to communicate and educate the community would be vital. Staff stated it was anticipated that broad discretion would be provided to the contractor. The contractor would determine the days, hours, etc. for the night construction based on need; however, construction would be restricted during holidays and special event. Staff commented the contractor would be required, as part of the contract to hire a public outreach team which works with all project partners, including the Town. John Meissner/Town citizen suggested a recording of the construction noise could be provided to the residence to aid in understanding the level of noise during construction; notification to short-term renters; and provide ear protection for those living near the construction. After further discussion on the notification, distance of the notifications, social media, door-to-door, and use of digital signs, Mayor Pro Tem Webermeier closed the public hearing. It was moved and seconded (Hazelton/Cenac) to approve Ordinance 14-22 with an amendment to 8.06.045 (b) from 500 feet to 1000 feet, and it passed unanimously. 2. PUBLIC WORKS REORGANIZATION. Director Muhonen reviewed the administrative reorganization of the department to assist with meeting the service delivery expectations of the community and the Town Board and to further maintain a reasonable and balanced workloads for the staff. The department has grown over the years from 14 employees with two divisions in 2014 to 22 employees with six divisions in 2021. The restructuring comes at a time when the department has a number of vacancies, pending vacancies and retirements which provide an opportunity to adjust how the department functions. The proposal would restructure the department into three key divisions: Mobility Services, Facilities and Parks, and Engineering. The Operations Manager position would be eliminated with duties spread across the three newly established divisions. The Parking and Transit Manager position would be replaced by a Mobility Services Manager and a Parking and Transit Supervisor. Within this reorganization a new FTE would be created, Fleet Asset Specialist, to perform the administrative duties once housed under the Operations Manager to complete specialized fleet management and fleet procurement for the entire organization. After further discussion, it was moved and seconded (Martchink/Hazelton) to approve one additional staff position, Fleet Asset Specialist, in the Public Works Department, and it passed unanimously. 3. RESOLUTION 60-22 AMENDING THE MEMORANDUM OF AGREEMENT AND THE REIMBURSABLE AGREEMENT FOR THE DOWNTOWN ESTES LOOP. Director Muhonen stated at the May 24, 2022 Town Board Study Session the project Technical Advisory Committee members presented updated estimates on the project's increased construction cost and extended construction duration expected due to the recent, significant cost escalation of materials and fuel, as well as supply chain challenges. It was acknowledged the requirements of the Federal Lands Access Program was to maintain the local match at 17.21% as outlined in the initial Memorandum of Understanding and the Reimbursable Agreement. With the Board of Trustees — July 26, 2022 — Page 5 increase in construction cost it was estimated the local match would require an additional $500,000 from the Town of Estes Park. Approval of the additional matching funds would allow construction bidding to move forward in September 2022 with construction to begin in 2023. Trustee Martchink questioned the status of Option X to overlay and restrip West Elkhorn Avenue; if it would be included in the annual STIP program; and requesting assurance the area would be addressed as it was a deliverable outlined in the original devolution agreement with CDOT. Director Muhonen stated staff would continue to review the Option and the overaly of the area. It was moved and seconded (Martchink/MacAlpine) to approve Resolution 60-22, and it passed with Trustee Cenac voting "No". Whereupon Mayor Pro Tem Webermeier adjourned the me g at 9:35 p.m. Webermeier, Mayor Pro Tem J,ckie Williamson, Town Clerk