HomeMy WebLinkAboutMINUTES Town Board 2023-09-26Town of Estes Park, Larimer County, Colorado, September 26, 2023
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 26th day of September, 2023.
Present:
Also Present:
Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Kirby Hazelton
Frank Lancaster
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Koenig 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 (Younglund/Cenac) to approve the Agenda with the
Action Items being heard prior to the Planning Commission Items and remove
Action Item #1 Resolution 83-23, and it passed unanimously.
PUBLIC COMMENTS.
Bob Levitt/County resident, Kathy Long/County resident, Barbara Werner/County
resident, and Donna Shavlik/Town resident spoke in support of the Town including an
Environmental Sustainability Manager in the 2024 budget to address the Environmental
Sustainability Task Force Final Plan.
John Guffey/Town resident presented the Board with a photo of the earth from the moon.
We must confront our human condition and determine the common vision and shared
reality of oneness with the earth. He further stated we have laws for a reason and we
need to enforce them.
Lou GorskilTown citizen stated support for the vacation homes operated by the Grigsbys
and requested the Town reinstate the vacation home license not renewed in February
2023.
Chis Eshleman/Town resident and former Water Superintendent encouraged the Board
to ask questions on the decisions being made for water projects, the need for the 52-year-
old Glacier water plant to be replaced, and the pre-treatment project staff did not move
forward. He stated concern with the Town's future chances at receiving USDA grant
funding for water projects.
TRUSTEE COMMENTS.
Trustee comments were heard and summarized: Board members attended the ribbon
cutting of the Larimer County Behavioral Health Services at Longview Campus to
provide acute care with a possible future satellite in Estes Park to eliminate the need
for transportation; noted Senate Bill 20-078 passed in 2020 to allow dogs on outdoor
patios with restrictions and at the election of the establishment; Sister Cities held its first
annual meeting and elected board members; workforce housing would be discussed at
the next Trustee Talk; Narcan has been delivered to all Police Auxiliary; the 911 stair
climb and run raised $11,000 with 100 climbers participating; Restorative Justice
celebrates Conflict Resolution month in October; as of October gth Elkhorn Avenue from
Board of Trustees — September 26, 2023 — Page 2
Riverside to Moraine would be one-way; completion of the Community Drive/Hwy 36
roundabout in mid -October; sewer main replacement along Cleave Street; and PRPA
celebrated its 50th anniversary.
TOWN ADMINISTRATOR REPORT.
PRPA would hold a public meeting at the Hempel auditorium at the YMCA to discuss
energy resource planning efforts. He encouraged those that have questions on tonight's
presentation to attend the public meeting.
He reminded the public of the budgeting process and stated the Environmental
Sustainability Manager was not included in the budget to be presented to the Board
because no ongoing expenses could be funded. The Board would receive presentations
on the budget during the upcoming budget study sessions to continue the conversation.
Administrator Machalek reviewed the quarterly report for Policy Governance Policy 3.8
Compensation and Benefits. He stated full compliance with the policy guidelines.
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated September 12, 2023 and Town Board Study Session
Minutes dated September 12, 2023.
3. Letter of Support for a Grant Application to the Colorado Parks and Wildlife Non -
Motorized Trails Grant Program for Colorado 7 Trail Construction.
4. Letter of Support for a Grant Application to the Colorado Parks and Wildlife Non -
Motorized Trails Grant Program for Fall River Trail Planning.
5. Acceptance of Town Administrator Policy Governance Monitoring Report.
It was moved and seconded (Hazelton/MacAlpine) to approve the Consent
Agenda, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. PLATTE RIVER POWER AUTHORITY 2024 INTEGRATED RESOURCE PLAN
(IRP) REPORT. PRPA General Manager Frisbee and Chief Transition and Integration
Officer Singam Setti provided a review of the plan to decarbonize the portfolio of PRPA
by 2030. PRPA passed the Resource Diversification Policy in 2018 to support the
effort and provide guidance for resource planning, portfolio diversification and carbon
reduction while still ensuring reliable, environmentally responsible, and financially
sustainable energy and services. The Integrated Resource Plan integrates customer
demand and distributed energy resources with utility resources. Complex modeling
to determine input assumptions, portfolio development, and reliability testing has been
conducted and technology evaluated. In addition, studies have been completed to
address extreme weather events and dark calms, planning reserve margin and
effective load carrying capability, building electrification, distributed energy resources
potential, market price volatility, and new dispatchable capacity. The studies analyze
the energy needs and impacts of renewable energy sources such a solar and wind.
Mayor Koenig called a 10 minutes break at 9:02 p.m. and reconvened at 9:12 p.m.
PLANNING COMMISSION ITEMS:
1. CONSENT ITEMS:
A. REQUEST FOR WITHDRAWAL, RESOLUTION 74-23, 1700 BRODIE AVENUE
PRESBYTERIAN CHURCH AMENDED PLAT, 1700 BRODIE AVENUE,
MICHAEL MOON, APPLICANT, PRESBYTERIAN COMMUNITY CHURCH OF
THE ROCKIES. The Town Board by unanimous consent agreed to withdraw the
item at the request of the applicant.
Board of Trustees — September 26, 2023 — Page 3
2. ACTION ITEMS:
A. ORDINANCE 08-23 REZONING 1.78 ACRES AT 685 PEAK VIEW DRIVE FROM
E-1 (ESTATE) TO E (ESTATE), CMS PLANNING & DEVELOPMENT, INC.,
FRANK THEIS, OWNER/APPLICANT. Planner Washam presented an
application to rezone 1.78 acres of the 7.62-acre Lot 1, Dannels Addition from E-
1 (Estate) to E (Estate), with a minimum lot area requirement of IA acre, to create
three (3) additional lots at approximately IA acre each. Lot 4 would consist of the
remaining acreage and contains one single-family residence constructed in 1965.
Lot 4 would not be rezoned with the request. A review of the applicable rezoning
standards and criteria were reviewed with staff finding the following: the rezoning
would address changes in conditions in the areas affected; rezoning would be
compatible and consistent with the policies and intent of Estes Forward
Comprehensive Plan, and consistent with existing growth and development
patterns nearby and throughout the area; and service and utility providers have
reviewed the application and have indicated the ablity to provide adequate services
to this site. The Estes Park Planning Commission recommened approval of the
rezoning at their August 15, 2023 meeting.
Frank Theis/Applicant stated he acquired the property a year ago with the intent to
rezone the lot to R to provide workforce housing; however, the zoning would
require all units to be attainable housing. He submitted a new rezoning application
to add three 'A acre lots with the remaining area unchanged.
Those speaking against the rezoning: Eide JedlTown resident, Larry Bader/Town
resident, Rebecca UruquartfTown resident, Mark and Trudy Hewitt/County
residents, Donna Strain/County resident, Brian and Margaret Greene/County
residents, James and Kristine Poppitz/County residents, Vikie Campbell/County
resident, Walt Borneman/Town resident, Rich Hoyt/County resident, Dave
Caddell/Town resident, Tom and Susie Kaszynski/County residents, Tony
Khorouzan/County resident, Darcy Michelle/County resident, Norma
McKern/County resident, Cristine Higley/Town resident, Trudy Collar/Town
resident, Dana Fritz/Town resident, Elvia Allen/Allenspark resident, Laurie
Wenzel/County resident, and Steph Pawson/Town resident requested the Board
apply the criteria for rezoning and find the request does not met the guidelines set
forth in the Estes Park Development Code; rezoning allowed if a change in
condition have occurred within the area; the rezoning request would be an illegal
spot zoning; the comprehensive plan guides the Planners and does not provide
regulatory guidelines; no support for rezoning of the lot now or in the future; a need
for housing does not equate to a change in conditions; the Prospect Mountain
Townhome developed in the 1980s does not justify a change in conditions and
additional density on the proposed lot; and concerned with the density,
infrastructure needs, impact on wildlife, and increased traffic.
Mike Kennedy/County resident stated support for the rezoning request. He noted
Estes Park would need to upzone to create additional housing.
Trustee comments and questions were heard and summarized: questioned if the
guidelines were followed; requested the definition of spot zoning; reviewed the
change of conditions for the rezoning; questioned if there was a precedent for
using the entire valley to determine a change in condition; questioned the waiving
of the development plan requirement; questioned if the approval of the rezoning
would set a precedent for the future rezoning of the larger lot; and concerned the
stacking of rezonings would negate the requirement for open space for the
development.
Comments followed the motion and have been summarized: Trustee Lancaster
stated the rezoning justification was for additional workforce housing and the
rezoning would only add one more building lot. The rezoning would not impact the
housing issue. He stated'/z acre lots are not high density and the rezoning would
not significantly impact infrastructure and safety in the area. Trustee MacAlpine
stated she supported the development of smaller more environmentally sound
Board of Trustees — September 26, 2023 — Page 4
development; however, the development does not meet the rezoning criteria.
Mayor Koenig commented she would like to see an attainable development.
Mayor Pro Tem Cenac and Trustee Younglund stated conditions have changed
in Estes Park and there continues to be a need for workforce housing. The
development does not meet the criteria in the code and a change of conditions
have not been met because the development does not provide the needed
housing. Trustee Hazelton supported the comments of Trustee Lancaster. She
stated there has been a worsening of the affordability of Estes Park. Trustee
Martchink commented the development does not address a change in conditions
and would not be impactful enough.
It was moved and seconded (Cenac/Younglund) to deny Ordinance 08-23
finding the applicant has not met the current requirements for rezoning, and
it passed unanimously.
B. RESOLUTION 82-23, COYOTE RUN SUBDIVISION PRELIMINARY PLAT, CMS
PLANNING & DEVELOPMENT, INC., FRANK THEIS, OWNER/APPLICANT.
Frank Theis/Applicant requested the item be withdrawn. The Town Board by
unanimous consent agreed to withdraw the item at the request of the
applicant.
ACTION ITEMS:
1. RESOLUTION 83-23 CONTRACT TO PURCHASE VACANT LAND FOR RAW
WATER REDUNDANCY TO MARYS LAKE WATER TREATMENT PLANT. Staff
requested the item be removed from the agenda. No action was taken.
2. RESOLUTION 84-23 MEMORANDUM OF UNDERSTANDING (MOU) WITH ESTES
PARK LOCAL MARKETING DISTRICT REGARDING HOLIDAY LIGHTS AND
DISPLAYS. The proposed MOU would transfer the responsibility for the design and
installation of the Town's holiday lights and displays to Visit Estes Park (Local
Marketing District) previously completed by Power and Communication. The
agreement would transfer $100,000 budgeted in 2023 to Visit Estes Park for the
installation of the downtown lights, tree lights, rebar trees and the holiday-themed
display scenes. The Town and Visit Estes Park would meet annually to review the
MOU and compensation. John Guffey/Town resident questioned how the lighting
would impact the dark sky regulations. It was moved and seconded
(Younglund/MacAlpine) to approve Resolution 84-23, and it passed unanimously.
3. RESOLUTION 85-23 AMENDED INTERGOVERNMENTAL AGREEMENT (IGA)
WITH LARIMER COUNTY FOR RESIDENTIAL RECYCLING CENTER AT ESTES
PARK SOLID WASTE TRANSFER STATION. The current IGA between the Town
and the County for the Residential Recycling Facility was approved on October 9,
2018 for a five-year (5) term expiring on October 9, 2023. The IGA states the Town
would provide an adequate site for the facility with the County operating the facility.
The County has expressed an interest in renewing the agreement for an additional
five (5) year term and to bring the expiration date of the agreement in line with the
expiration date for the operation of the transfer station. It was moved and seconded
(Hazelton/Cenac) to approve Resolution 85-23, and it passed unanimously.
4. RESOLUTION 86-23 AMEND THE 2023 ANNUAL WORKFORCE HOUSING AND
CHILDCARE FUNDING PLAN FOR LODGING TAX (6E) FUNDS. The Town Board
and County Commissioners approved the 2023 funding plan for the Workforce
Housing and Childcare Funding Plan earlier this year with the understanding that
funds may be shifted as opportunities presented themselves throughout the year.
Recently two property acquisitions for workforce housings have become available.
Additionally, out -of -school programming needs are slightly greater than initially
anticipated. The revised funding for housing would shift $1.5 million to property
acquisition and decrease funding for cash buyer program/rental assistance and deed
restriction purchase program. The childcare fund would be revised to decrease the
capital and facility expenditures and increase the out -of -school funding by $100,000.
John Guffey/Town resident stated concern with the acreage being seized for
Board ofTrustees — September 3G.2O23—Page 5
additional housing. Itwas moved and seconded (K8aoA|pine/Young|und)toapprove
Resolution 8G'23.and itpassed unanimously.
Whereupon Mayor Koenig adjourned the meeting at11:30p.m.
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�T kie Williamson, Town Clerk