HomeMy WebLinkAboutMINUTES Town Board 2012-04-10Town of Estes Park, Larimer County, Colorado, April 10, 2012
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 10th day of April 2012. Meeting called to
order by Mayor Pro Tem Levine.
Present:
Also Present:
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Lowell Richardson, Interim Town Administrator
Town Attorney White
Cynthia Deats, Deputy Town Clerk
Absent: Mayor Pinkham
Mayor Pro Tem Levine called the meeting to order at 7:00 p.m. and all desiring to do
so, recited the Pledge of Allegiance.
PROCLAMATIONS.
Mayor Pro Tem Levine read a proclamation designating May 5, 2012, as the 24th
Annual Duck Race Day in Estes Park and acknowledged representatives of the Noon
Rotary Club who were present.
A resolution proclaiming April as the Month of the Young Child was read by Mayor Pro
Tem Levine and presented to a representative of the Estes Valley Investment in
Childhood Success (EVICS).
RESOLUTION OF RESPECT.
Mayor Pro Tem Levine thanked retiring Community Services Director Betty Kilsdonk for
her years of service to the Town of Estes Park and read a Resolution of Respect
honoring her accomplishments during her twenty years of employment. The Trustees
also expressed their appreciation to Ms. Kilsdonk for her dedicated service to the
Town.
PUBLIC COMMENT.
Frank Theis, Town resident, commented that a recent article published in the Trail -
Gazette contained incorrect information. He said that there have been no changes to
the RTA application, nor can the application be changed, and said that it is the intent of
Elkhorn Project, Inc., to save Elkhorn Lodge.
Charley Dickey, Town resident, submitted a request to the Board asking to be given an
opportunity at the first meeting of each month to provide information about the activities
of the Estes Valley Partners for Commerce. He updated the Board about current
activities and upcoming events including: helping to promote the Estes Valley jobs fair
to be held April 12, 2012; the Partners for Commerce Board meeting scheduled for
April 18, 2012; and Business After Hours at the Bank of Colorado on April 19, 2012,
from 5 till 7 p.m. He said the Economic Development Council of Colorado's Spring
Conference will be held at the Stanley Hotel April 25-27, 2012.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Elrod noted that a vacancy exists for a Town -appointed position on the Estes
Valley Planning Commission and encouraged interested individuals to contact Human
Resources (HR) for an application.
Board of Trustees — April 10, 2012 — Page 2
Trustee Ericson said that the annual audit is underway. He noted that staff had
prepared individual financial statements for Town -sponsored events which provides
helpful decision -making information, and thanked staff for their efforts related to the
municipal election and the new town administrator search process.
Trustee Koenig said a Memorandum of Understanding (MOU) is being developed
between the Town and the Western Heritage Committee. She encouraged interested
parties to get involved with the Sister Cities program by attending a meeting to be held
on April 11th at the Senior Center. Trustee Koenig reported that Harriett Burgess, long-
time resident of Estes Park, passed away on April 8, 2012.
Trustee Miller thanked staff for their efforts during the election process. He reported
that the Local Marketing District (LMD) is currently working on a marketing plan for
2013
Mayor Pro Tem Levine thanked all of the candidates who ran for office during the
current election, stating the citizens are the beneficiary of people willing to volunteer
their time and serve the community.
TOWN ADMINISTRATOR REPORT.
• The Friends of the Museum and The Senior Center, Inc., have both signed
Memorandums of Understanding with the Town. There were no significant
changes to the agreements for 2012 and both documents were reviewed by
Attorney White.
• Detective Robertson and Investigations worked around the clock for three days
to execute a warrant to make an arrest of a suspect in an armed robbery case.
• Thank you to Betty Kilsdonk for everything she has done for the Town.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 20, 21, and 27, 2012; Town Board Study
Session Minutes dated March 27, 2012; and Special Town Board Minutes
dated April 4, 2012.
2. Bills.
3. Committee Minutes:
a. Community Development / Community Services Committee, March 22,
2012.
4. Estes Park Tree Board, February 24, 2012 (acknowledgement only).
Resolution #05-12 — Schedule public hearing date of May 8, 2012, for a New
Tavern Liquor License Application filed by C-Zak, Inc., dba Rodeway Inn of
Estes Park, 1701 N. Lake Avenue.
Trustee Koenig requested an addition to the Study Session minutes of March 27, 2012
related to a master plan for the Senior Center and the Museum. It was moved and
seconded (Blackhurst/Miller) the Consent Agenda be approved as presented and
amended, and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #04-12 Amend the Estes Valley Development Code as it
relates to Accessory Dwelling Units.
Board of Trustees — April 10, 2012 — Page 3
Planner Shirk brought forward amendments to the Estes Valley
Development Code related to Accessory Dwelling Units (ADUs). He
stated that since the new Development Code was adopted in 2000,
revisions to the code have been approved to address accessory
kitchens and to allow alternations to older, existing ADUs; however,
short or long-term rental of ADUs, and allowing detached ADUs
remains to be addressed. A number of Board of Adjustment meetings
have been held to discuss ADUs, one of them being an appeal to
staffs determination, and numerous public hearings have been held,
this being the 27th public hearing on the topic. Approximately 160
pages of public comment have been received by staff, with input
opposing ADUS two to one. Those opposed focus on the potential
negative impact to residential neighborhoods while those in favor cite
allowing ADUs as guest cabins, caregiver quarters, or as work force
housing. The Estes Valley Planning Commission (EVPC)
recommendations include allowing ADUs on any residential lot, with a
one acre minimum lot size for a detached ADU; limiting the size of the
ADU to 49% of the principal dwelling size; and allowing long term
rental of the ADU when the entire property is rented as one
household.
During their April 9, 2012, meeting, the County Commissioners
expressed concern about ADUs on smaller lots and that, as a use by
right, no public input is required; and indicated to staff that the code
amendments as written would not be approved.
Board comments and discussion included: why is change being
pursued if the code is working correctly; proposed changes would
make the code more flexible, less restrictive; consider adoption of
changes to only apply to properties within the Estes Park Town limits;
adopt Larimer County's regulations within the Town limits; and take
the topic to a vote of the people.
The following people spoke in opposition to the proposed changes to
the Development Code, or to the code language as written: Don
Sellers, Robert Ernst, Sharry White, Sandy Osterman, David Born, Bill
Darden, Bernie Holien, Paul Brown, Johanna Darden, Fred Mares,
and Cory La Bianca. Reasons cited for opposition include: code
changes will have the effect of rezoning, allowing an additional
structure on every lot in the valley of one acre or more, would double
visual density; additional staff to carry out code enforcement will be
necessary; changes will result in a loss of investment and quality of
life for residents in areas zoned for single family homes; proposal
needs rethinking and reworking to gain citizen support and the support
of the county commissioners; do not allow as use by right in single
family neighborhoods; address work force housing needs by long-
range planning; proposed changes are opposed two to one; no
guarantee as to the affordability of units if rentals are allowed; health
and safety issues arise with ADUs related to fire safety, parking
spaces, and enforcement of regulations; some existing ADUs have
gross building violations and are unhealthy for occupants; ADUs are
not the answer to work force housing needs; zoning framework already
exists and variances can be requested; grant variances to provide
housing for caregivers; bring to a vote of the people, or create a task
force; adoption of these code amendments would circumvent zoning
regulations; look into long-range solutions to seasonal housing issues;
and the code amendment as presented does not satisfy anyone in the
room.
Board of Trustees — April 10, 2012 — Page 4
The following people provided comments in favor of the proposed
changes to the Development Code: Bobby Brown, Debra Kelly, Rita
Kurelja, Judy Nystrom, Rainer Schelp (statement read by Judy
Nystrom), Louise Olson, Kevin Schwery, Comments included: use
ADUs to house caregivers of elderly or ill family members; use for
work force housing and affordable housing units to keep families and
monies in community; will increase property values and increase
diversity in the community; provide assistance to family members to
allow them to stay in their own homes for a longer period of time;
rental of ADUs is one piece of solving affordable and work force
housing issues; other mountain resort communities allow the rental of
ADUs to help with work force housing shortages; realtor offices
receive daily calls from individuals seeking long-term rental housing;
meet the needs of the community by increasing rental options; keep
young families in Estes Park for diversity in the community; and
provide housing to service industry workers.
Frank Theis, Town resident, noted that the ordinance would honor
property covenants and homeowners association regulations related
to ADUs.
Attorney White read Ordinance #04-12 into the record. It was moved
and seconded (Elrod/Koenig) to approve ordinance #04-12. The
Board engaged in further discussion. Trustee Blackhurst said the
Estes Park Housing Authority currently serves over 300 families and
continues to evaluate the housing needs and demands of the
community, and said there are problems with the ordinance as
presented. Trustee Miller said he could not support the ordinance and
finds objection with ADUs as a use by right and the lack of a public
process. Trustee Koenig said over time the topic has become
convoluted and long-range planning is necessary. Trustee Ericson
commented that the amendments will not solve work force housing
issues and proposed zoning changes within the Comprehensive Plan
to deal with ADUs. Trustee Elrod said that it would have been helpful
to the Board had the County Commissioners given reason for their
opposition to the amendments. Mayor Pro Tem Levine called for a
vote on the motion to approve Ordinance #04-12, and the motion
failed by unanimous vote.
3. REPORTS AND DISCUSSION ITEMS.
1. TRANSPORTATION VISIONING COMMITTEE FINAL REPORT.
Due to time constraints, it was moved and seconded (Blackhurst/Miller) to
table discussion of the Transportation Visioning Committee (TVC) Final
Report to the next Town Board meeting, and it passed unanimously.
Trustee Ericson recognized and thanked the following members of the TVC
who were in attendance at the meeting: Kimberly Campbell, Charley Dickey,
Wayne Groome, Cory La Bianca, Fred Mares, Greg Rosener, and Frank Theis.
Mayor Pro Tem Levine called for a break at 9:18 p.m. and resumed the
meeting at 9:27 p.m.
It was moved and seconded (Miller/Blackhurst) to extend the meeting to
accommodate completion of the remaining regular meeting and the
executive session, and it passed. Those voting "Yes" Trustees Blackhurst,
Elrod, Koenig, and Miller; and Trustee Ericson voting "No".
4. ACTION ITEMS:
Board of Trustees — April 10, 2012 — Page 5
1. PAUL S. SARBANES TRANSIT IN PARKS GRANT FOR CVB PARKING
STRUCTURE.
Dir. Zurn summarized studies and planning that lead to the selection of the
Convention and Visitors Bureau (CVB) as the preferred site for a parking
structure, and the grants that have been awarded to the Town to fund construction
of the project. In addition, Bob Felsburg and Holly Buck of Felsburg, Holt and
Ullevig (FHU) spoke to the progress of the NEPA study which is currently
underway to evaluate parking and transit enhancements to reduce congestion in
downtown Estes Park, including identifying the CVB as a site for transit intercept
parking expansion. Through the NEPA study, a categorical exclusion was
obtained from the Federal Transit Administration (FTA) for the site because
construction in this location would not have significant impacts to environmental
resources. Approval of the categorical exclusion also enables the Town to utilize
federal funds for the construction of the parking structure. In addition, Dir. Zurn
said that the Colorado Department of Transportation (CDOT) has been supportive
of this project and may provide additional funding. At this time the following grants
have been awarded to the Town for the project:
FTA Paul S. Sarbanes Transit in the Park Program $3,000,000
Colorado Congestion Mitigation Air Quality 228,500
Dir. Zurn noted that the federal government wants to see grant funds utilized and
the monies being circulated back into the country's economy.
Board discussion ensued and is summarized: downtown business people are
questioning why the parking structure will be located at the CVB; outreach to
downtown businesses and the community was lacking in this process; this project
has been discussed for months, reported in the press, and the subject of Town
Board study sessions; what is the dollar amount of the Town's match for the
project; this is an opportunity to give the community a parking structure and utilize
federal funds to pay for it thereby enhancing the Town's ability to deal with 3
million visitors per year; parking spaces will increase from 86 to 300, however RV
parking spaces will be lost; and enlarging the CVB in the future will not be
hindered by the parking structure.
Sandy Osterman, Town resident and Ambassador at the CVB, said many visitors
do not want to walk, or are incapable of walking due to disabilities or issues with
the altitude, and noted that the shuttle system is only available to visitors for a
limited time during the year. She voiced opposition to losing the RV parking
spaces at the CVB.
Charley Dickey, Town resident, said the transit hub parking at Stanley Park is
underutilized and said merchants want the parking structure as close to downtown
shops as possible.
Johanna Darden, Town resident, voiced opposition to a parking structure in Estes
Park and said the matching funds for construction of the structure will take away
from other projects.
It was moved and seconded (BlackhurstlEricson) to recommend accepting the
FTA Paul Sarbanes Transit in the Parks Program grant for $3 million and the
Colorado CMAQ grant for $228,500, and it passed. Those voting "Yes" Trustees
Blackhurst, Elrod, Ericson, and Koenig; and Trustee Miller voting "No".
It was moved and seconded (Koenig/Ericson) to direct staff to seek additional
grant opportunities for the CVB transit structure and to proceed with the
design phase of the CVB transit structure project, and it passed unanimously.
Trustee Elrod requested that the public be involved with the design phase of the
project to encourage public buy -in.
Board of Trustees — April 10, 2012 — Page 6
2. 2012 COMMUNITY REINVESTMENT FUND PROJECTS (CAPITAL ASSET
MANAGEMENT PLAN.)
Finance Officer McFarland provided the Board with a summary of discussions of
the March 13`h and March 27th Town Board Study Sessions related to the Capital
Asset Management Plan (CAMP). He spoke to changes in the Community
Reinvestment Fund budget which include rollover expenditures from 2011 to
2012; cancellation of the re -roofing of Barn W; expenses related to the Wiest
Drive retaining wall, Elm Road, CVB parking structure, Museum storage facility,
and a pro forma for the Multi -Purpose Event Center (MPEC); and funds previously
committed to the Supporters of the Performing Arts (SOPA) through a
Memorandum of Understanding. It was moved and seconded (Ericson/Koenig)
to recommend approval to move forward with the listed 2012 projects, which
will be accounted for and financed through the Community Reinvestment
Fund, and it passed unanimously.
5. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Ericson/Miller) to enter into executive session for
the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators under C.R.S. 24-6-402(4)(e) related to Kiowa Ridge; and for a
conference with Attorney White for the purposes of receiving legal advice on
specific legal questions under C.R. S. 24-6-402(4)(b) related to litigation, and it
passed unanimously.
Mayor Pro Tem Levine stated that no action would be taken by the Board following the
executive session, and the Board entered executive session at 10:43 p.m.
Mayor Pro Tem Levine reconvened the meeting at 11:52 p.m.; whereupon he adjourned
the meeting at 11:52 p.m.
Chuck Levine, Mayor Pro Tem
Cynthi Deats, Deputy Town Clerk