HomeMy WebLinkAboutMINUTES Town Board 2024-01-23Town of Estes Park, Larimer County, Colorado, January 23, 2024
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larinner Cnunh/, Colorado. Meeting held in Town Hall in said Town of
Estes Park onthe 23ndday ofJanuary, 2O24.
Also Present:
Wendy Koenig, Mayor
Marie Cenoo.Mayor Pro Tern
0rbyHmze|tmn
Trustees Frank Lancaster
BarbanoMaoA|pine
Patrick K8artchinkand
CindyYoun0|und
Travis K8aohakak. Town Administrator
Jason Oammxaber. Deputy Town Administrator
Dan P(nannor, Town Attorney
Jackie Williamson, Town Clerk
Bunny Victoria Beero, Deputy Town Clerk
Absent: None
Mayor Koenig called the meeting to order ut7:O0 p.m. and all desiring to do no. naohed
the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (|azoUnn/Young|und) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Becky Robbins/Town citizen spoke against State Bill 24-033 concerning increases to
property tax treatment of real property used to provide lodging. She stated the increased
tax would place a burden on business owners and encouraged the Board and public to
write to their representatives to vote against this item.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Sister Cities would not hold
a student exchange program in 2U24due totiming constraints and would prioritize re-
establishing the program in 2025; the inaugural First People's Festival took place which
included local vendors and traditional storytelling; a Meet and Greet was held for the Estes
Valley Fire Protection District Fire Chief fina|ista�Visit Estes Park would host acommunity
roundtable on how partners can get invo|ved, upcoming initiatives and programs; a
fundraiser has been formed to bring back aswim |onoon program which would provide
each child in the Estes Valley with swim lessons; Police Auxiliary received e training
presentation byRocky Mountain National Park (RyNNP)and would discuss opportunities
to assist with traffic control and other activities within RK8NP; Estes Valley Restorative
Justice would hold a special meeting to discuss the hiring process to replace the
Executive Director; a Trustee Talk session would be held on January 25, 2024; the Estes
Park Non -Profit Resource Center held afundraioinQ event and would be rebrundingto
the Estes Non-profit Network; Rotary Club would hold the 32nu Duck Race; and the
Newcomers Club held ameeting inJanuary with SOpeople inattendance.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek reviewed the quarterly report for Policy Governance Policy
3.3 Financial Planning. Hostated full compliance with the policy guidelines.
He requested two Town Board members to participate in an interview to fill a vacancy on
the Estes Park Housing Authority Board of Directors to which Trustees Lancaster and
Martohinkvo|unteeed. He introduced Community Development Director Steve Car000io
and Interim Police Chief Ian Stewart who would be assisting the Town during Police
Department transitions.
Board of Trustees — January 23, 2024 — Page 2
Town Clerk Williamson provided an update on the April 2, 2024 regular Municipal
Election. She referred the public to the web page .estes.org/candidates for current
candidate information. Mayor candidates included Barbara MacAlpine and Gary Hall. She
stated a third Mayoral petition was being cured and the deadline to do so would be
January 29, 2024. Trustee Candidates included: Bill Brown, Bruce Darby, John Guffey,
Mark !gel, Frank Lancaster, Frank Theis, Nick Thomas, and Cindy Younglund. She stated
a League of Women Voters Forum would be determined at a later date and other election
dates would be published to the Town's website.
Editor's Note: The Mayoral petition was not cured and candidates John Guffey and Nick
Thomas withdrew by the deadline.
CONSENT AGENDA:
1 Bills.
2. Town Board Meeting Minutes and Study Session Minutes dated January 9, 2024.
3. Resolution 02-24 Intergovernmental Agreement with North Front Range
Transportation and Air Quality Planning Council for Funding of the US 34
Transportation Management Organization (TMO) in Estes Park.
4. Revised Policy 306 Leave.
5. Relocation of Whiskey Warm Up from Riverside Plaza to Bond Park in 2024 due
to road construction and public access.
6. Acceptance of Town Administrator Policy Governance Monitoring Report.
It was moved and seconded (Younglund/MacAlpine) to approve the Consent Agenda,
and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES PARK HOUSING AUTHORITY (EPHA) UPDATE. Manager Bangs stated
the updated Resolution for the American Rescue Plan Act (ARPA) funds was
approved by Larimer County Commissioners and the funding plan would be
prepared for Board consideration at a future meeting. She stated 6E revenue
received was approximately $5 million of which 88% would be used towards
workforce housing initiatives and was close to 2023 expectations. EPHA Director
Scott Moulton provided an update on housing in the Estes Valley. He reviewed 6E
funding plan goals including expanding staffing capacity dedicated to workforce
housing, purchase of workforce housing, land for future workforce housing
development or construction and development and operation of programs to
support access to affordable housing. Director Moulton stated the EPHA was
officially fully staffed and introduced Housing Program Manager Jeff Mabry,
Director of Real Estate Development Pete Levine and Housing Operations
Manager Jessica Moffett. He reviewed funding such as land banking through the
passing of Proposition 123. He reviewed property acquisition including the land
banking of 775 Riverside Drive (10-12 workforce homes), 0 Marys Lake Road (22+
workforce homes), and the preservation and conversion of Grand Estates which
was anticipated in February 2024. Future 2024 acquisitions included the
conversion of an existing 20 unit property to workforce homes and a public private
partnership which would create 16 new workforce homes. Director Moulton stated
the Castle Ridge project was in predevelopment with completed payoff expected
in January 2024, was nearing 50% design to add 24-26 new workforce homes with
the development approval process to begin in March 2024. Manager Mabry stated
EPHA continued to offer a rental assistance program and downpayment
assistance program with deed restriction. The EPHA would continue to identify
opportunities to assist the community to achieve sustainable housing. The Board
requested more details on the leveraged numbers provided in the presentation and
whether land banking included any matched funds.
Board of Trustees — January 23, 2024 — Page 3
PLANNING COMMISSION ITEMS:
1. CONSENT ITEMS:
A. CONTINUANCE REQUEST FOR AMENDED PLAT, LOTS 8A, 9A, AND A
PORTION OF 10A OF THE FIRST RESUBDIVISION OF BUENNA VISTA,
TODD PHILLIPS, EP REAL ESTATE LLC OWNER/APPLICANT. It was
moved and seconded (Younglund/Cenac) to approve the Planning
Commission Consent Agenda, and it passed unanimously.
2. ACTION ITEMS:
A. RESOLUTION 03-24 COYOTE RUN SUBDIVISION PRELIMINARY PLAT,
CMS PLANNING & DEVELOPMENT, INC., FRANK THEIS. Mayor Koenig
opened the public hearing and Planner Hornbeck presented Resolution 03-24
for a subdivision preliminary plat at Lot 1 of the Dannels Addition
approximately 7.62 acres in size. The applicant requested subdividing the
existing property into four lots in the E-1 Estate residential zoning district. Staff
stated a previous iteration of the project was proposed and denied by the Town
Board on September 26, 2023. The proposed application would utilize the
existing E-1 zoning and development which meets the minimum one -acre lot
size. Access to lots one through three would be from Peak View Drive, utilizing
a shared driveway located within an access easement privately maintained by
the lot owners. The existing single-family home on Lot 4 would continue to
utilize the driveway from Peak View Drive, east of the proposed new access
point. The Estes Park Planning Commission (EPPC) at the December 19,
2023 meeting recommended approval according to the findings of fact and
subject to the following conditions of approval: The applicant shall provide a
ten -foot -wide concrete trail for the length of Peak View Drive frontage on lots
one and four; and any outstanding staff and referral agency comments shall
be addressed on the final subdivision plat. Kristine Poppitz/County resident
requested all the EPPC conditions be met, including curb cuts, and spoke
regarding a homeowners association (HOA) to maintain the private road.
Planner Hornbeck stated the development code does not require an HOA and
does require a shared maintenance agreement for the shared drive -way which
would be required with the final plat and recorded in perpetuity. The applicant,
Frank Theis stated he purchased the property in 2022. He stated interest in
providing affordable housing and provided history on the previously denied
application in 2023. He stated the neighbors have been supportive of 1-acre
lots which the application reflects. The applicant was requesting waiver of the
trail requirement due to the anticipated cost of $250,000 for the trail, curb and
underground drainage. The Board requested staff identify turn arounds for fire
vehicles on the diagram. Discussion ensued regarding the trail requirement
and alternate material options which may reduce costs. Engineer Bailey stated
the Trails Master Plan outlines the trail requirement with specific material to
extend the lifespan of the trail and use of alternate material would require more
frequent repairs over time. Town Administrator Machalek stated the Board
instituted the standards to make the Town more pedestrian friendly and
discouraged the Board from removing the requirement. Mayor Koenig closed
the public hearing, and it was moved and seconded (Hazelton/Martchink) to
approve Resolution 03-24, and it passed unanimously.
B. RESOLUTION 04-23 RAVEN SUBDIVISION PRELIMINARY PLAT,
HABITAT FOR HUMANITY OF THE ST. VRAIN VALLEY INC.,
OWNERS/APPLICANTS. Mayor Koenig opened the public hearing and
Planner Hornbeck presented Resolution 04-23 for a subdivision preliminary
plat to create five (5) lots in an R-1 single-family residential zoning district. The
subject property was identified as 0.82 acres of undeveloped land and
described as Lot 2A of the Ward Minor Subdivision. He stated the property
was rezoned from Residential Multi -family RM to Single -Family Residential on
November 14, 2023. The proposal included open space and drainage areas
on Lot 5 as required in the development code. Deed restrictions or covenants
would be required to ensure the properties remain attainable and would be
overseen by the EPHA. David Emmerson, Habitat for Humanity Executive
Board of Trustees — January 23, 2024 — Page 4
Director and representative for the applicant, stated the property would
become a permanent part of the Housing Authority portfolio and was eager to
expand housing opportunities in the area. Planner Hornbeck stated review
criteria and EPPC findings from the November 21, 2023 meeting including the
condition the stormwater exhibit presented during the hearing be included into
the Stormwater Master Plan. Ginny Page/Town citizen and Joe Adair/County
resident stated support for the project and spoke regarding the workforce
housing units which have been added in the community and the benefits of
Habitat for Humanity. Mayor Koenig closed the public hearing, and it was
moved and seconded (Younglund/MacAlpine) to approve Resolution 04-
24, and it passed unanimously.
ACTION ITEMS:
1. INITIATED ORDINANCE PETITION — TO AMEND THE ESTES PARK
DEVELOPMENT CODE REGARDING DEVELOPMENT APPLICATIONS. Mayor
Koenig opened the public hearing and Town Clerk Williamson stated on November
17, 2023 a letter was sent to the petitioners, James and Kristine Poppitz, approving
the form of the petition to address development applications, which allowed the
petition to be circulated. Upon approval of the form of the petition, staff contacted
the Larimer County Elections Office and determined the total registered electors
within Estes Park. State statute 31-11-104 requires a petition to be signed by at
least 5% of the registered electors; the total number of signatures required was
established at 241. On December 1, 2023, the Town received 40 signed petition
sections containing 437 signatures. A Statement of Sufficiency was issued on
December 29, 2023 certifying the petition was signed by 5% or 241 registered
voters within the Town of Estes Park. Pursuant to State statute 31-11-110 no
protest of the initiated ordinance petition was filed by the 40-day protest period
which ended January 10, 2024. Staff stated the Board must either adopt the
Ordinance as written, or send the item to the voters. She stated the item could be
included on the April 2, 2024 ballot. Rebecca Urquhart/Town citizen and Kristine
Poppitz/County resident voiced support for the ordinance and if approved would
allow neighboring property owners the ability to provide input on development
applications prior to their submittal and review. Mayor Koenig closed the public
hearing. It was moved and seconded (Lancaster/Hazelton) to approve
Resolution 05-24, and it passed unanimously.
2. ORDINANCE 02-24 SUBMITTING BALLOT ISSUE 1A TO THE REGISTERED
VOTERS OF THE TOWN OF ESTES PARK ON THE APRIL 2, 2024 BALLOT.
Mayor Koenig opened the public hearing. In July 2014, voters approved the current
1 % sales tax (1A) with an effective 10-year term ending June 30, 2024. Town
Administrator Machalek stated at the Board's request, staff developed a new,
proposed 1% sales tax renewal package using local resident feedback from the
Town's 2021 National Community Survey (NCS), the 2022 Comprehensive Plan,
results from the 2019 Stormwater Survey, and consultation with subject -matter
experts. The proposed package consisted of the following allocations: 46% street
maintenance, 28% stormwater infrastructure expansion, 12.5% trail expansion and
reconstruction, 9% wildfire mitigation and 4.5% powerline wildfire mitigation. Staff
requested Board approval of Ordinance 02-24 to send this question to the voters
on the April 2, 2024 ballot. Kent Smith/Town citizen stated support for the renewal
of the 1A sales tax. Mayor Koenig closed the public hearing and it was moved and
seconded (Hazelton/Cenac) to approve Ordinance 02-24, and it passed
unanimously.
3. ORDINANCE 03-24 TO GRANT A CABLE FRANCHISE TO TDS BROADBAND
SERVICE, LLC, AND A CABLE FRANCHISE AGREEMENT WITH TDS
BROADCAST SERVICE, LLC. Mayor Koenig opened the public hearing. In 2012,
a Cable Television Agreement was approved with Baja Broadband Operating
Company LLC, who was purchased by TDS Broadband Service, LLC. Town
Administrator Machalek stated staff coordinated with Town Attorney Kramer,
outside counsel and TDS to negotiate the proposed Cable Franchise Renewal
Agreement. He stated Ordinance 03-24 would re -enable local cable television
Board of Trustees — January 23, 2024 — Page 5
channel streaming of meetings. He highlighted terms and conditions including: A
10-year term, the franchise fee would remain 5% of the grantee's gross revenues,
and TDS would provide the Town $0.50 per subscriber per month to be used for
capital costs related to public, and educational and governmental access identified
as a new contribution to the Town from TDS. He acknowledged the current
economic climate has made staffing the local TDS office difficult and stated TDS
would maintain convenient and reasonable accessible methods for customers to
pay bills, receive and return equipment, obtain information related to services and
products, and speak with a customer service representative. The Board
questioned whether staff knew the number of subscribers and whether TDS would
offer to ship items to customers if staff are unavailable, and who would absorb
those costs. Mayor Koenig closed the public hearing and it was moved and
seconded (Younglund/MacAlpine) to approve Ordinance 03-24, and it passed
unanimously.
4. REVISED POLICY 671 FOR ECONOMIC DEVELOPMENT FUNDING. Town
Administrator Machalek stated the Town has invested in the Estes Park Economic
Development Corporation (EDC) since 2013. The proposed change would replace
the EDC as an entity eligible to apply for Town base funding with the Estes
Chamber of Commerce Economic Development Department. Staff stated the
funding was a positive step to continue to fund future economic development. EDC
Interim CEO John Schnipkoweit provided an overview of the Chamber Economic
and Workforce Development Council. Kent Smith/Town citizen provided an
overview of the formation of the EDC and stated the BASE program has had great
success and has become a county and statewide model program. Christina
Kraft/County resident and President of the Bank of Colorado and Tyson
Butler/Town citizen stated support for the policy revisions and spoke regarding the
partnership with the EDC and Chamber of Commerce. Board comments have
been summarized: Concerns were heard regarding the future of the EDC; the
importance of the Chamber identifying funding for future sustainability outside of
Town contributions; maintaining financial transparency between the organizations
would be of vital importance for the success of each organization; interest in
regular updates to the Board; the possibility of contributing half of the funds now
and providing the remaining half at a later date; and the community was
encouraged to utilize the services. It was moved and seconded
(Hazelton/MacAlpine) to approve revised Policy 671 for Economic
Development Funding, and it passed unanimously.
It was moved and seconded (Younglund/MacAlpine) to continue the meeting past 10:00
p.m., and it passed unanimously.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Hazelton/Cenac) to enter into executive session to
discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other
property of interest — Section 24-6-402(4)(a), C.R.S., and for a conference with an
attorney for the Board for the purposes of receiving legal advice on specific legal
questions - Section 24-6-402(4)(b}, C.R.S, and for the purpose of determining
positions relative to matters that may be subject to negotiations, developing
strategy for negotiations, and/or instructing negotiators Section 24-6-402(4)(e),
C.R.S. — Discussion of the Potential Purchase of Real Property at Several Potential
Locations for Relocation of the Police Department., and it passed unanimously.
The Board entered into executive session at 10:10 p.m. and concluded the executive
session at 10:43 p.m.
Whereupon Mayor Koenig adjourned the meeting at 10:44 p.m.
ictoria Beers, De`pfity Town Clerk