HomeMy WebLinkAboutMINUTES Town Board 2018-04-10Town of Estes Park, Larimer County, Colorado, April 10, 2018
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 10t" day April, 2018.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the regular 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 (Holcomb/Koenig) to approve the Agenda with the
removal of Planning Commission Item 2.2.C, and it passed unanimously.
PUBLIC COMMENTS.
Gordon Peterson/ County citizen stated the Town Board should write a letter to WAPA to
request a comprehensive study of the cost to underground the Lake Estes power lines in
conjunction with the replacement of wooden posts with steel poles currently under review
by WAPA.
Gordon Slack/Town citizen stated the individuals speaking out against the workforce
housing development off Grand Estates were voicing their concerns regarding issues
related to the plan and not workforce housing.
Johanna Darden/Town citizen supported the comments of Mr. Slack and stated the
development contained deviations from the Estes Valley Development Code.
Charley Dickey/Town citizen stated support for the job performance of Town
Administrator Frank Lancaster. The Estes Valley Partners for Commerce appreciate the
support he has shown in key issues that come before the Town and his contributions to
the community.
Pat Newsom/Town citizen stated concern with the development of a commercial cultural
facility in the Stanley home located at 415 W. Wonderview and zoned E-1 Single -Family
Estate. She also stated concern with allowing schools in all zoning districts, including
residential.
TOWN BOARD COMMENTS
Mayor Jirsa recognized National Public Safety Telecommunicator Week and thanked the
dispatch staff for their service to the community. He stated the 2017-2018 Community
Spotlight has been delivered.
Trustee Norris stated the Family Advisory Board met last week. The Estes Valley
Planning Commission held a meeting earlier in the day to discuss allowing schools in all
Board ofTrustees — April 1U.2018—Page o
zoning districts, discussed the number ofnon-compliant properties in the valley, and how
the Development Code addresses workforce housing and daycare services.
Trustee Walker thanked the Ambassadors for their service tothe community.
Mayor Pro Tern Koenig congratulated those unofficially elected to the Town Board during
the April 3.2O18election, inc|udingCadio Bangs, Marie Cenac and KenZomea. She
also thanked Trustees Holcomb and Nelson for their service to the community.
TOWN ADMINISTRATOR REPORT.
Governance Policy Report —3.3 Strategic Planning and 3.7 Emergency Management.
Administrator Lancaster reported noncompliance with 3.3.5. because of the late flood
recovery reimbursement from FEK8Awhich dropped the ending fund balance in 2017to
15%. Horeported partial compliance with 3.3.8.
Administrator Lancaster recognized the graduation of Captain Roue and Captain Pass
from the School of Police Staff and Command (SPSC) at Northwestern University.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 27, 2018.
2. Bills.
3. Committee N\inutem— None.
4. Family Advisory Board Minutes dated March 1, 2018 (acknowledgement only).
5. Estes Park Board of Adjustments Minutes dated h1omh 0. 2018
(acknowledgement only).
S. Events Complex Arenas 1'3 Footing Ronovation, Leh Hand Excavating,
$124.901.50 Budgeted.
7. Town Administrator Policy Governance Report Acceptance.
Itwas moved and seconded (Wa]ker/Nonis)toapprove the Consent Agenda, and
it passed unanimously.
2 PLANNING COMMISSION ITEMS:
t CONSENT ITEMS:
A. FINAL TOWNHOK8E PLAT, RAVEN BOCK TOVVNH0MEG
PROMONTORY DRIVE ATK8AAYS LAKE ROAD, JAMES R. MACKEY
AND 8US/tN M. K8ACKEY. Request continuance Lo May D' 2018. It was
moved and seconded (Koenig/Holcomb) to approve the Planning
Commission Consent Agenda, and itpassed unanimously.
2- ACTION ITEMS:
A. AMENDED PULl AMENDED DEVELOPMENT PLAN, DP2O17-OA AND
AMENDED PRELIMINARY CONDOMINIUM MAP, FALL RIVER VILLAGE
U.2OOBLOCK UFSUNNY ACRES COURT. Mayor Jimaopened the public
hearing. Planner Becker stated the amended Development P|an, DP 2017-
O9was added inerror. She reviewed the requested waiver todensity toallow
npreviously approved twu-thnao'bednzomrental duplex unit and approve the
unit maaone bednoom'oight'uni\building. The open space approved in[)uUot
B approved through the PUD process would increase by 20% with the
proposed change. Asecondary access would enhance emergency access
to the lower Fall River Village. All previously approved modifications and
approved waivers would not change. Mayor Jinaaclosed the public hearing.
|twas moved and seconded (Knenig/Ho|oomb)toapprove the Amended
Fall River Village UP0Dand Amended Preliminary Condominium Map,
and itpassed unanimously.
Board of Trustees — April 10, 2018 — Page 3
B. ORDINANCE #05-18 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE ADDING SCHOOLS TO CERTAIN RESIDENTIAL AND NON-
RESIDENTIAL ZONING DISTRICTS, MODIFYING "SCHOOL"
DEFINITIONS, AND ADJUSTING PROCEDURES FOR SCHOOL
REVIEWS. Mayor Jirsa opened the public hearing. Planner Woeber
provided a review of the amendments to the Estes Valley Development Code
(EVDC) to allow schools in all zoning districts with an S2 Special Review, to
clarify definitions of various public schools (public and non-public), and to
remove procedures for reviewing public school development that are contrary
to Colorado Revised Statutes. He stated currently the code allows schools
in only four zoning districts. The review of the code regulations was prompted
by the potential expansion project at the Eagle Rock school, zoned RE-1
Residential Estate, to include employee housing and other facilities on the
campus. The amendment would allow Eagle Rock to move forward with their
proposed expansion project in 2018. The revision supports the concept of
neighborhood schools in a residential setting and considered a best practice
in education and planning and zoning. The change would provide Eagle Rock
School the ability to become legally conforming. The Estes Valley Planning
Commission recommended approval of the code changes with Commissioner
Baker and White voting "No" stating schools should not be located in
residential zoning districts.
Jeff Little/Eagle Rock Head of School stated the code change would allow the
school to create housing on the property to aid in recruiting employees. The
proposal would house 14 staff on campus. The school has funding to build a
triplex this summer, however, if delayed the project would not move forward
until next year.
Gordon Slack/Town citizen questioned if the proposed code change would
allow an auto repair school to go into a residential district. Attorney White
stated the school would have to be approved by Special Review.
Johann Darden/Town citizen stated reservation regarding the proposal to
allow schools in residential zoning district because of issues such as parking,
the need to widen roads, etc.
Kent Smith/Town citizen stated there has been an initiative in the state to
have residential schools.
Carlie Bangs/Town citizen stated the Roots Community School, which had to
close, included 1st grade and was considered a school. One of the main
reasons the school closed was due to the difficulty in finding a location.
Mayor Jirsa closed the public hearing. Attorney White read Ordinance #05-
18. It was moved and seconded (Norris/Holcomb) to approve Ordinance
#05-18 with the addition of a traffic study, and it passed unanimously.
C. ORDINANCE #06-18 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE CHAPTER 6 ADDING PROVISIONS FOR EXTENSION,
EXPANSION, OR ENLARGEMENT OF NON -CONFORMING USES. Item
removed from the agenda.
3. ACTION ITEMS:
1. MEMORANDUM OF UNDERSTANDING (MOU) WITH PLATTE RIVER
POWER AUTHORITY (PRPA) FOR FIBER CONSTRUCTION TO GLEN
HAVEN. Director Bergsten presented the MOU to allow Light and Power to
construct a fiber optic route from Town Hall to Glen Haven for PRPA to create a
redundant fiber optic route between Loveland and Estes Park. The segment
between Drake and Glen Haven was completed in 2016 in conjunction with the
CR 43 flood recovery construction. Light and Power to install a product which
Board of Trustees — April 10, 2018 — Page 4
would lower the cost of installing additional fiber optics in the future, thereby
decreasing the cost of future smart grid and broadband construction costs. The
division would absorb the $60,000 cost of using the product. PRPA would
reimburse Light and Power for the construction cost of $649,000. Attorney White
stated a contract outlining the work to be completed would come forward for the
Board's consideration at an upcoming meeting. It was moved and seconded
(Holcomb/Koenig) to approve the Memorandum of Understanding with
Platte River Power Authority and the Town of Estes Park for fiber
construction to Glen Haven, and it passed unanimously.
2. FEE WAIVER REQUEST — GRAY HAWK COURT/CRABAPPLE LANE,
HABITAT FOR HUMANITY OF THE SAINT VRAIN VALLEY INC. Planner
Woeber presented a request for a fee waiver for building permit fees to facilitate
the construction of two attainable housing units to be built by Habitat for
Humanity. The fees include permit and plan review fees estimated at a cost of
$6,316.05. Staff recommended the Board consider the approval of a fee waiver
not to exceed $6,950.00. The request complies with Policy 402.
Board discussion was heard on the need to consider a line item in the 2019
budget for fee waivers instead of decreasing the revenues to the Building division
or other departments of the Town. The Board further stated support for Habitat
for Humanity and for the work they do in the community. It was moved and
seconded (Walker/Martchink) to approve the Fee Waiver Request for Gray
Hawk Court/Crabapple Lane by Habitat for Humanity of the Saint Vrain
Valley Inc. as recommended by staff, and it passed unanimously.
3. FEE WAIVER REQUEST — 260 STANLEY AVENUE, KINGSWOOD HOMES.
Planner Woeber presented a request to waive building permit fees and plan
review fees for a seven -unit workforce housing development to be constructed
by contractor Mike Kingswood of Kingswood Homes. Staff recommends the
approval of $4,125 in fee waivers because the development complies with Policy
402.
Trustee Martchink stated concern with the approval of a fee waiver for a private
development versus a nonprofit, Habitat for Humanity. He stated there are
additional and larger developments being proposed that contain workforce
housing through the density bonus. He stated Policy 402 provides for a fee
waiver request and not a fee waiver guarantee.
After further discussion, it was moved and seconded (Koenig/Walker) to
approve the Fee Waiver Request for 260 Stanley Avenue by Kingswood
Homes as recommended by staff, and it passed unanimously.
Mayor Pro Tem Koenig requested staff review the policy to address larger
developments, review other items besides fee waiver to assist the development
of workforce housing, and developing fee waiver criteria for workforce housing.
4. ORDINANCE #07-18 AMENDING THE ESTES PARK MUNICIPAL CODE
CHAPTER 5.20 BUSINESS LICENSES. MayorJirsa opened the public hearing.
Town Attomey White provided a review of the amendments to the Municipal
Code to address and clarify a number of issues regarding the types of
businesses, occupations, and professions required to obtain and maintain a
business license, and address the administration of business licenses. The
amendments would provide updated definitions, clarify the need for
accommodation units individually owned and operated as vacation homes to
obtain a license/registration, establish a bed and breakfast fee in line with
vacation homes, establish a $25 fee for outdoor mobile food vending and
individual service contractor license, clarify all businesses are required to have a
sales tax license must provide a copy of the current sales tax license before
obtaining a business license, and provide exception for businesses operating
solely on Town owned property, the Estes Valley Recreation and Park District
Board of Trustees — April 10, 2018 — Page 5
and the Park School District, professional performing artists, and any
organization/entity having tax exempt status.
Board discussion followed and has been summarized: the individual service
contractor language does not provide clear understandable language; the
business license fee protects the local businesses from individuals that come to
Estes Park for a one -day event; discussion on the need to review the entire
business license fee structure as the current fees are substantially higher than
other surrounding communities; a reduced fee for short term vendors should be
considered; and concern raised on the budgetary impact lowering the fees would
have on revenues.
Kent Smith/Town citizen stated the business license provides compliance and
the fee charged is irrelevant. The Town needs to ensure businesses are
collecting and remitting sales tax.
Charley Dickey/Town citizen stated the Town should gather business and citizen
input before making a decision.
Craig Ellsworth/County citizen stated the Town should consider a higher initial
fee and a lower renewal fee if paid on time. A late fee commensurate to the initial
fee could be established to encourage timely payment of the renewal fee.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance. It
was moved and seconded (Walker/Koenig) to table Ordinance #07-18 and
hold a study session meeting in June to discuss the item further, and it
passed with Trustee Holcomb voting "No".
4. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Koenig/Holcomb) to discuss a personnel matter
under Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees
who have requested discussion of the matter in open session; any member of
the Town Board (or body); the appointment of any person to fill an office of
the Town Board (or body); or personnel policies that do not require discussion
of matters personal to particular employees — Town Administrator Annual
Review, and it passed unanimously.
The Board entered Executive Session at 9:17 p.m. and concluded at 10:47 p.m.
Whereupon Mayor Jirsa adjourned the meeting at 10:47 p.m.
Todd Jirsa, Mayo
ie Williamson, Town Clerk