HomeMy WebLinkAboutMINUTES Town Board 2009-05-26Town of Estes Park, Larimer County, Colorado, May 26, 2009
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 26' day of May, 2009. Meeting called to
order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Mayor Pro Tem Chuck Levine
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: Jerry Miller, Trustee
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENT
Ashley Murray/2009 Rooftop Rodeo Queen personally invited the Board to the Queens
Luncheon on July 7th and invited all citizens to the award winning Rooftop Rodeo July
7th — 11 th.
David Habecker/Town citizen requested the Board stop reciting the Pledge until the
United States Congress removes the sinful use of God for political purposes. He stated
a strict separation of church and state would be in everyone's best interest.
TOWN BOARD COMMENTS.
None.
1. CONSENT AGENDA:
1. Town Board Meeting Minutes dated May 12, 2009 and Town Board Study
Session dated May 12, 2009.
2. Bills.
Committee Minutes:
A. Community Development, May 7, 2009:
1. 2010 Visitors Guide - Publication Printers, $46,368 — Budgeted.
B. Utilities, May 14, 2009:
4. Estes Valley Planning Commission Minutes April 21, 2009
(acknowledgement only).
5. Estes Park Urban Renewal Authority, April 15, 2009 (acknowledgement
only).
Board of Trustees — May 26, 2009— Page 2
It was moved and seconded (Levine/Eisenlauer) to approve the consent agenda,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS.
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE.
Superintendent Vaughn Baker stated the park has been in place for 94 years
preserving the lands natural conditions and scenic beauties, its natural
conditions and scenic beauties, its natural and historic objects and wildfire,
and to provide the freest recreational uses. Superintendent Baker provided a
brief overview of park issues, including: Omnibus Public Lands Management
Act signed March 30, 2009 designating 95% of the park as Wilderness,
Economic Stimulus funding, forest health (pine beetles, hazard tree removal,
prescribe burns, updated Fire Management Plan, elk and vegetation
management plan), CWD life test research ongoing, update on WildEarth
Guardian lawsuit, east side projects (reroof of Alpine Visitor Center, Chasm
Lake patrol cabin), west side projects (underground electrical power line up
Kawuneeche valley, resurface the first 10 miles of Trail Ridge Road on the
west side, reconstruct west side entrance station to resemble Beaver Meadow
station), trail projects, increase in RMNP annual pass to $40, McDonald Transit
to expand Trail Ridge Road Tour to Alpine Visitor Center, new retail area at the
Alpine Visitor Center, east side bike path study to determine feasibility of
connecting to Town trail system, west side bike study to connect Grand Lake
and Granby, assessing cardboard recycling project in conjunction with the
Town and the League of Women Voters, draft plan of the Hwy 7 corridor
planning complete with public hearings set for June, and Bear Lake Road
reconstruction Phase II scheduled for 2011 or 2012 due to stimulus funding
received for projects in the park.
2. 1ST QUARTER FINANCIAL REPORT.
Finance Officer McFarland reviewed the first quarter financial report including
sales tax. He stated the revenues (12%) and expenses (21%) are within the
average for this time of year; however, the revenues are behind 1.3% of
budget and 2% from 2008. Compared to other mountain communities that
have seen double digit declines in revenue, Estes Park has managed to
maintain a generally flat first quarter. Sales tax rates of change on a 12-month
moving average have dropped to a-1.71%, and if the rate continues to trend
downward the Town may face a budget shortfall.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
Mayor Pinkham Open the Public Hearing for all Consent Agenda Items.
1. CONSENT ITEMS:
A. AMENDED PLAT
1. Schwery Amended Plat of Lots 1 & 2, Block 4, 2nd Amended Plat,
Town of Estes Park, and Metes and Bounds Parcel located on East
Elkhorn Avenue, Estes Park, Abundant Properties of the Rockies,
LLC/Applicant.
As there were no comments, Mayor Pinkham closed the public hearing and it was
moved and seconded (Levine/Homeier) the Consent Agenda be approved
with Staff conditions of approval, and it passed unanimously.
Board of Trustees — May 26, 2009— Page 3
2. ACTION ITEM:
A. Public Hearing of Estes Valley Development Code Block 12
Amendments — Accessory Dwelling Units. Mayor Pinkham opened
the public hearing. Planner Shirk reviewed the Planning
Commission's proposed code amendments for Accessory Dwelling
Units as reviewed at the April 28, 2009 meeting. These changes
include a new definition, review, ownership clarification, utilities,
access, site design, architectural requirements, land use affidavit,
and fees (building permits, utility fees, and review fees). Approval of
this proposal would alleviate non -conformity of attached/integrated
units, provided they were originally permitted; however, unpermitted
units would have to be inspected through a permit process in order
to come into compliance.
Public Comment:
Those speaking in support of ADU code changes: Don Sellers/Town
citizen; Tom Griesen/Town citizen, Sandy Lindquist/Town citizen,
Joanna Darden/Town citizen, Kevin Schwery/Town citizen, and
Sandy Osterman/Town citizen. Comments included: no rentals and
no detached units causing a doubling of the number of dwelling units
in the valley; detached units would led to defacto rezoning of the
valley; and concern with parking and wildlife conflicts for detached
units.
Those speaking in opposition of ADU code changes: Ken Schwarz/
County resident, Rita Kurelja/Estes Park Housing Authority Director,
Adam Kelly/Town citizen, Peter Plaut/County resident, Michael
Menard/Estes Valley Contractors Association, Betty Nickel/County
resident, David Habecker/Town citizen, Steve Nickel/County
resident, Matthew Heiser/Town citizen, John Spooner/County
resident, Tom Ewing/Town citizen, Paul Brown/County resident, and
Harold Haunschild/ County resident. Comments included: infringing
on property rights by limiting ADUs to attached; HOA can limit ADUs
within their association; rentals should be allowed; detached ADUs
should be allowed in the same manner as detached garages; the
proposed definition of an ADU should be clarified (too vague);
questioned the need for Planning Commission to approve each ADU
permit and the land use affidavit; ADUs should not be rented on a
short-term basis; garage space should not be sacrificed for ADUs;
the valley needs more housing options; property that can be
subdivide should be allowed a detached unit; the current EVDC
language works with some minor refinements; and the proposed
language contains criteria that is not necessary for attached ADUs
and goes beyond the requirements for a single-family residence.
John Tucker/Town citizen and EVPC Commissioner stated the
original intent of an ADU was to provide for in -home caregivers, not
additional rental units/income. He also stated the larger acreage lots
are limited by the availability of water and would not meet the
standards for an additional ADU.
Frank Theis/County resident commented the Town lacks long range
planning that would guide the issue of ADUs and other future code
regulations.
Mayor Pinkham closed the public hearing. Board comments are
summarized: there is a need for diversity of housing in the valley; a
Board of Trustees — May 26, 2009— Page 4
use by right should not require Planning Commission review; ADUs
should be rented on a long term basis (more than 30 days) in the
same manner a room in a home can be rented; property rights need
to be protected; detached units need to be addressed in the revised
code language; the proposed language needs to be reviewed to
remove unnecessary requirements pertaining to detached units, and
ADUs already exist in the community and have not proven to be an
issue.
Attorney White read the Ordinance. It was moved and seconded
(Blackhurst/Levine) to deny Ordinance #03-09 and remand the
issue back to the Estes Valley Planning Commission to address
1) review process; 2) affidavit ; 3) limit on tenancy (no short term
rentals); 4) define onsite sewage system; 5) define cumulative
accessory square footage for parking; 6) architectural standards
to determine necessity; 7) clarify Section 6.3 addressing non-
conformity, 8) clarify definition of kitchen in a living area 9)
detached units, and it passed unanimously.
4. ACTION ITEMS:
1. OLD MEXICO DAYS, BOND PARK.
Mgr. Winslow stated in an effort to increase participation in the award -winning
Rooftop Rodeo, the Rodeo Committee has partnered with the Hispanic
community through the Lifelong Learning of Estes Valley to hold a traditional
fiesta in Bond Park on July 9, 2009 from 10:00 a.m. — 2:00 p.m. The event
would move to the fairgrounds during the evening hours. The proceeds from
the event would be used for tuition assistance for the school. The event would
be similar to other cultural events currently held in Bond Park and the fees
associated with the use of the park would be collected. It was moved and
seconded (Eisenlauer/Ericson) to approve Old Mexico days in Bond Park
on July 9th, and it passed unanimously.
2. ORDINANCE #04-09, AMENDMENT TO THE MODEL TRAFFIC CODE -
PARKING.
Chief Kufeld stated the Police Department and Public Works reviewed the
appendix to the Model Traffic Code to assess all parking signage and ensure
the proper signage was in place. Staff recommends the following changes to
the appendix: 1) creation of Alternative -fuel parking spaces along MacGregor
Avenue (3 spaces) and Park Lane (2 spaces) for all day parking; 2) creation of
a loading zone on Moraine Avenue in front of 242 Moraine (east side); 3) 3-
hour parking restriction for the East Riverside Lot; 4) 3-hr parking on
MacGregor Avenue along the east side of Bond Park; and 5) all day parking at
the north end of the West Riverside lot. The changes would require the
purchase of signage at a cost of $350 from the Public Works budget account
#101-3100-431-25-25.
Discussion followed amongst the Board on the need to restrict the Alternative -
fuel parking spaces to 3-hours for consistency. Attorney White read the
Ordinance. It was moved and seconded (Eisenlauer/Blackhurst) to approve
Ordinance #04-09 with the correction to the appendix to limit the
Alternative -fuel parking spaces to 3-hours, and it passed unanimously.
3. TOWN ADMINISTRATOR REPORT.
• Introduced the Town's new Public Information Officer Kate Rusch and
stated she will be attending the Mayor's Coffee Chat on Wednesday, June
3rd at the Senior Center.
Board of Trustees — May 26, 2009— Page 5
• A joint meeting of the County Commissioners, Town Board and the Estes
Valley Planning Commission has been scheduled for June 4th, 9:00 a.m. at
the Holiday Inn to discuss development code issues including open space,
wildlife and vacation rentals.
Whereupon Mayor Pinkham adjourned the mee fhg at,,10:12 p.m.
William Pinkham, Mayor
Jackie Williamson, Town Clerk