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HomeMy WebLinkAboutMINUTES Town Board 2018-03-27Town of Estes Park, Larimer County, Colorado, March 27, 2018 Minutes ofaRegular meeting ofthe Board ofTrustees ofthe Town nfEstes Park, Larirner County, Colorado. Meeting held in the Town Hall in said Town ofEstes Park onthe 271h day March, 2O18. Also Present: Todd Jinnm,Mayor Trustees Bob Holcomb PatrirkMortchink Ward Nelson Ron Norris Cody Rex Walker Fronk Lancaster, Town Administrator Travis Maoha|ok, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Wendy Koenig, Mayor Pro Tern MayorJima called the regular meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge ofAllegiance. AGENDA APPROVAL. It was moved and seconded (Nobmn/Wa|ker)to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. DiokSpeUman/Town citizen stated LahmorCounty Commissioner Tom Donnelly would discuss Comprehensive Plans athis monthly meeting onApril 11.2O18. He encouraged the Town Board and staff to attend the meeting to learn more about the process because ofthe need torevise the Estes Valley Comprehensive Plan. TOWN BOARD COMMENTS Mayor Jirsa reminded and encouraged all Town citizens to vote their mail ballots for the Regular Municipal Election onApril 3.2Oi8. Trustee Norris reminded the public of the upcoming Family Advisory Board meeting on April 5.201D. The Mayor and Board would proclaim the April aothe Month ofthe Young Child at an event sponsored by EV|CS on April 7. 2018. The Estes Valley Planning Commission held their month meeting on March 20. 2018. He noted staff has begun to implement additional public outreach for code changes and land use applications. Trustee Walker commended the Park R-3School District for their handling of the recent school walkout related to gun violence. Trustee Holcomb stated Visit Estes Park would meet on March 18, 2018. TOWN ADMINISTRATOR REPORT. The Brodie Avenue improvement project would be delay because the Safe Routes to School grant funds would not bereceived until June. The terms ofthe grant donot allow the Town to seek bids until after the grant has been signed and received. This would push the project timeline tnthe beginning ofschool inthe fall nf2018. Staff recommended delaying the project until the summer of 2019 to avoid conflicts and interruptions with the flow oftraffic tothe schools. 1. Town Board Minutes dated March 13.2018 and Study Session dated March 18. 2018. Board ofTrustees — March 27,201O—Page 2 2. Bills. 3. CommhteoMinutes—Noma. 4. Parks Advisory Board Minutes dated February 15, 2018 (acknowledgement only). 5. Transportation Advisory Board Minutes dated February 21. 2018 (acknowledgement only). O. Estes Valley Planning Commission Minutes dated January 16, 2018 and February 2O.2U18(acknowledgement un|y). 7. July 4.2U18Fireworks Agreement, Tri-State Fireworks, |no..835.00O.Budgeted. 8. Mobile Stage Purchase, Stuga|ineMobile Stages, $142.040.Budgeted. Q. Extension of Agreement to Operate Water System with Prospect Mountain Water Company Inc. hwas moved and seconded (Ho|oomb/N/a|ker)toapprove the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: 1. CONSENT ITEMS: A. AMENDED pUD.AMENDED DEVELOPMENT PLAN DP2O17-09`AND AMENDED PRELIMINARY CONDO MAP, Fall River Village U.200Block ofSunny Acres Court. Requested continuance hoApril 10.2018. B. PRELIMINARY AND FINAL TOWNH{3K8E PLAT, Stanley Avenue Townhumeo, 260 Stanley Avenue, Michael R. & Cynthia A. KingewmodK]wnem.Requested continuance toMay 8.2O18. C. SUPPLEMENTAL CONDOMINIUM MAP #T.The Meadow Condominiums, 2746 &2752 Kio*aTrai|. Marys Meadow Development, LLC/Owner. D. AMENDED SUPPLEMENTAL CONDOMINIUM MAP#1. Stone Bridge Estates, 1147 Fish Creek Road, N.C. Wilson, LLC/Owner. E. AMENDED SUPPLEMENTAL CONDOMINIUM K0AP#11. Stone Bridge Estates, 1145 Fish Creek Road, Kingswood Homes Inc./Owner. It was moved and seconded (Holcomb/Norris) to approve the Planning Commission Consent Agenda, and it passed unanimously. 2. ACTION ITEMS: A. APPEAL, GRAND ESTATES APARTMENT DEVELOPMENT PLAN, FNPKROPPREAL ESTATE INVESTMENTS, LLC. Director Hunt reviewed the appeal of Estes Valley Planning Commission decision to deny Development Plan 2017'10 during their February 20. 2018 because of the potential significant traffic and parking hukooasooiatedwiththedevelopment, concerns of the noighbona, and establishing u precedent with unknown consequences. The plan would develop 10units ona.O5'acx*lot zoned R[N. Residential Multi -Family. The developer would utilize the density bonus in the Estes Valley Development Code (EVDC)tobuild eight market rate units and eight workforce housing units. The plan provides for 30parking space, meeting the code requirement. Staff would recommend "No Pmrking" signs be erected in the 500 block ofGrand Estates to prewanton'street parking along the narrow roadway. The developer has requested o minor modification to reduce setbacks from 10 feet to 7.5foeg. He addressed the density concern raised by the neighbors stating the proposed development would be |enn dense than the neighboring condominium development. Director Hunt stated adensity bonus through the EVDCwould baanincentive and not awaiver per Section 11ofthe code. Novariances were granted for Board ofTrustees — March 27,2V18—Page % the project with the exception of the minor modification. The subdivision of the property would allow the developer to obtain a residential loan rather than acommercial loan for the development ofthe property and reduce the cost to develop the additional workforce housing units. The subdivision would be discretionary matter for the Town Board. He noted every other element of the Development Plan has met the standards ofthe EVOC. Fred Kmpp/Oevo|opurotatod the project was proposed because he saw need for workforce housing inthe valley. Hecurrently houses seasonal staff and traveling nurses athis accommodations. The lease agreements for each unit would outline two parking spaces per unit. Hastated the property would be subdivided into four lots for financial reasons in order to develop the Those speaking against the appeal included Carol Prince/Town citizen, Trish KueoheKTown citizen, Jane Rutledge/Town citizen, Gordon Slack/Town d|tizan' Melody Harwood/Town citizen, Johanna Dandon/Tovvncitizon. and Lany3ookman/Town citizen. Comments were heard on the impact to the safety of the current residents, the decrease in quality of life, and the negative impact on property values. Concern was nsiood on the confusing and incomplete code language forvvorNbvoe housing in the EVDC. The code issues should be addressed before moving forward with n development. Those speaking also stated concern with the |eok of parking for the pnojaot, drainage on to neighboring pmparties, and the lack of control for the workforce housing units. Naomi Hawf/Estes Park Housing Authority Executive Director stated support for the project and the additional workforce housing units it would provide the community. Greg Coffman/Aftnrneyrepresenting the applicant stated the motion todeny the development did not outline any code deficiondon, rather the denial outlined concerns n*|ah*d to parking and public opposition. The parking provided in the plan meets the minimum requirements of the EVDC He stated a majority of the individuals living in workforce housing do not have cam and utilize bikes and public transportation. The development provides convenient access toobike trail and public transportation. Town Board comments and questions were heard and summarized: the project meets the EVDC;the density ufthe development would besimilar to the surrounding neighborhood and would provide needed workforce housing; parking concerns would beaddressed bymarking and assigning parking; "No Parking" signs would beplaced onGrand Estates toaddress concerns raised by the neighbors; during construction "No Parking" signs would be placed and additional police patrols would occur; the covenants would not allow vacation home rentals for all 1Gunits; questioned if the landscaping islands could be waived by the Board to provide additional parking epocoe for the development; concern raised with fire apparatus access tothe property; the Board should place o priority on monitoring the roadway and e priority to improve the roadway; and the Town has adopted the EVDC.the rule oflaw, outlining what can bedone bythe developer. It was moved and seconded (HukmmbUirsa) to approve the Grand Estates Apartments Development Plan (OP 2017'10). along with the associated minor modification request for reduced side setbacks, on appeal from the Planning Commission's denial ofsame onFebruary 20. 2018, finding that the Development Plan meets the Estes Valley Development Code's requirements for approval per EVOC Chapter 3 (Review Procedures and Standards), and it was passed with Trustee Walker raouainghimself due tooxpartecommunication onthe project. Board of Trustees — March 27, 2018 — Page 4 B. GRAND ESTATES APARTMENTS MINOR SUBDIVISION, PRELIMINARY AND FINAL PLAT, 507 Grand Estates Drive, FNPKOPP Real Estate Investments, LLC. Planner Woeber reviewed the application stating the current .95-acre lot would be divided into four lots. Utility and drainage easements are proposed to be reconfigured and dedicated with the plat. Cross -access easements are indicated for shared parking across all four lots. Johanna DardenlTown citizen questioned if the 15-foot spaces between buildings would be grass or concrete, and would the open space be paved over space or designated space for landscaping. She encouraged the developer to utilize all 16 units as workforce housing with individuals working 40 hours per week. Planner Woeber stated the open space would include all non -developed areas. The areas between the buildings has been proposed as natural area and not concrete. It was moved and seconded (Martchink/Norris) to approve Grand Estates Apartments Minor Subdivision, Preliminary Plat and Final Plat, 507 Grand Estates Drive, and revise the General Note 4 to read: Lots 1 thru 4 are subject to cross parking/access and drainage easements for the subdivision, and it passed with Trustee Walker recusing himself due to ex parte communication on the project. 3. ACTION ITEMS: 1. INTERGOVERNMENTAL AGREEMENT WITH THE ESTES VALLEY FIRE PROTECTION DISTRICT REGARDING IMPACT FEES. Town Administrator Lancaster stated the Intergovernmental Agreement between the Town and the Estes Valley Fire Protection District would allow the Town to collect the District's newly adopted impact fees during the normal development process. The fees collected would be remitted to the District. This process would allow the customer to pay all associated development fees in one transaction. The agreement outlines the Town's ability to collect up to a 5% administrative fee to recover staff cost. It was moved and seconded (Walker/Holcomb) to approve the Intergovernmental Agreement with the Estes Valley Fire Protection District regarding Impact Fees, and it passed unanimously. Mayor Jirsa called a break at 9:00 p.m. and reconvened the meeting at 9:08 p.m. 2. RESOLUTION #07-18 SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2018 BUDGET. Director Hudson presented the Resolution to reapproriate 2017 funds to the 2018 budget to complete purchases, contracts or projects in progress but not completed by the end of the fiscal year in 2017. The project balances were not committed to a purchase order or contract by the end of the year. Some projects had grants associated with the project which require rollovers into the 2018 budget to pay for project costs. It was moved and seconded (Holcomb/Martchink) to approve Resolution #07-18, and it passed unanimously. 3. POLICY 901 — UTILITY FEE WAIVERS. Utilities Coord. Rusch reviewed the proposed policy to standardized the method used for water tap and electric connection fee waiver requests. The policy outlines no fee waiver requests for utilities would be considered by staff or the Town Board. Utility fee subsidies could be considered by the Town Board for eligible projects for workforce housing, childcare facilities, or facilities for organizations providing low-income health and human services. Board discussion followed and concerns raised on the need for the policy and the specificity outlined for the subsidies because the needs could change in the future; all requests should be considered by the Town Board and provide the Board the authority to waive fees through the General Fund at the Board's Board of Trustees — March 27, 2018 — Page 5 discretion; and a review of Section 3.a. of the policy to waive fees should be reviewed. The Board requested the policy be redrafted to address the concerns raised by the Board. 4. MUNICIPAL COURT JUDGE APPOINTMENT. The Town was informed earlier in the year of Municipal Judge Brown's retirement after 24 years of service. The Town issued an RFP for contract services at the end of January and received 19 applications. Staff and Attorney White reviewed the applications and narrowed the candidates to three which were interviewed on March 14, 2018. The interview team of Mayor Jirsa, Trustee Holcomb and Trustee Walker stated all three candidates were highly professional, qualified and able to perform the position. After further discussion, it was moved and seconded (Walker/Holcomb) to approve the recommendation of the appointment of David Thrower as the Municipal Court Judge and Teresa Ablao as the Assistant Municipal Court Judge to the newly seated Board on April 24, 2018, and it passed unanimously. 5. ORDINANCE #04-18 AMEND ESTES PARK MUNICIPAL CODE SECTION 2.08.010 COMMITTEES TO SUNSET THE COMMUNITY DEVELOPMENT/COMMUNITY SERVICES COMMITTEE AND THE PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE. Town Board Policy 102 — Town Committees set a sunset review schedule for all non -statutorily required Town Committees every five years. The Community Development/Community Services and Public Safety, Utilities and Public Works Committee are scheduled for a sunset review in March. In 2017 the Board revised the procedures for the Committee agendas which limited the items to come forward, and therefore, a number of the Committee meetings have been cancelled in the past year. Staff recommended the sunset of both Committees with the approval of Ordinance #04-18. It was moved and seconded (Holcomb/Walker) to approve Ordinance #04-18, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 9:48 p.m. Todd Jirsa, ie Williamson, Town Clerk