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Home My WebLink AboutMINUTES Town Board 2018-03-13Town of Estes Park, Larimer County, Colorado, March 13, 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 13th day March, 2018. Present: Also Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tenn 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 (Nelson/Walker) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Charley Dickey/Town citizen requested an update on the Moraine bridge replacement and the need to have the bridge replaced by Memorial Day for the downtown businesses. Director Muhonen stated the Town received a letter from the Department of Local Affairs outlining the funding of the stormwater sewer repair at a cost of $295,000. The funding would accelerate the project timeline. Staff anticipates the project would be completed by Memorial Day. TOWN BOARD COMMENTS Trustee Holcomb stated Adam Shake/EDC would be performing the day-to-day duties of the EDC while Jon Nicholas/EDC CEO takes a leave of absence. Trustee Norris commented the Wind River development team held a community meeting with 40 in attendance to discuss the development on Hwy 7 and to hear from the neighborhood. Trustee Martchink reminded the public of the upcoming Parks Advisory Board to discuss the Loop, Mrs. Walsh's Garden and lighting. Trustee Nelson requested Community Development staff provide the Board with an outline of upcoming land use projects to avoid ex parte communication. TOWN ADMINISTRATOR REPORT. Policy Governance Quarterly Report: Reported overall compliance with Policies 3.1 through 3.11 with the exception to 3.4.2 where he reported technical non-compliance because the fund balance dipped below 20%. Mayor Jirsa requested the removal of Policy 3.1 to provide further review of customer service provided in the Building division because he has received a number of complaints. Board of Trustees — March 13, 2018 — Page 2 1. CONSENT AGENDA: 1. Town Board Minutes dated February 27, 2018 and Study Session dated February 27, 2018. 2. Bills. 3. Committee Minutes — None. 4. Special Meeting of the Town Board, Estes Valley Planning Commission & Larimer County Commissioners Minutes dated February 22, 2018. 5. Family Advisory Board Minutes dated February 1, 2018 (acknowledgement only). 6. Estes Park Board of Adjustments Minutes dated November 7, 2017 December 5, 2017 (acknowledgement only). 7. Parks Advisory Board Bylaw Update. 8. Transportation Advisory Board Bylaw Update. 9. Town Administrator Policy Governance Report Acceptance. 10. Board of Appeals Appointments: • Brad Klein, Reappointment, 3-year term expiring May 1, 2021 • Joe Calvin, Reappointment, 5-year term expiring May 1, 2023 11. Transportation Advisory Board Appointments: • John "Gordon" Slack, Reappointment, 3-year term expiring March 31, 2018 It was moved and seconded (Holcomb/Norris) to approve the Consent Agenda with the removal of Policy Governance Report 3.1, and it passed unanimously. It was moved and seconded (Walker/Koenig) to reschedule the Policy Governance Report 3.1 for the June 12, 2018 Town Board meeting, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: 1. ACTION ITEMS: A. ORDINANCE #03-18 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE §11.4 ADDING A SUBSECTION FOR A "RESTRICTIVE COVENANT AND AGREEMENT" WITHIN THE INCENTIVES FOR ATTAINABLE AND WORKFORCE HOUSING. Planner Woeber provided a review of the current Estes Valley Development Code (EVDC) requirement to deed -restrict attainable and workforce housing for developments utilizing the density bonus. Any ownership deed for these attainable and workforce units must have a restriction, where the unit can only to be rented or owned by those qualified per the income or residency requirements. Under current Code, this deed restriction must be for a time period of at least fifty years. The amendment would add an additional option, for a Restrictive Covenant and Agreement to allow a range of development projects. Staff researched various other communities where there are similar attainable and workforce housing programs and found that a provision for a Restrictive Covenant and Agreement has been a viable alternative to deed restrictions. Board of Trustees — March 13, 2018 — Page 3 Kent Smith/Town citizen commented restrictive covenant work better than deed restrictions and would favor the amendment to the EVDC. Attorney White read the Ordinance into the record. It was moved and seconded (Holcomb/Norris) to approve Ordinance #03-18, and it passed unanimously. 3. ACTION ITEMS: 1. RESOLUTION #05-18 - 2018 SUPPLEMENTAL BUDGET APPROPRIATION FOR DOWNTOWN ESTES LOOP RIGHT-OF-WAY ACQUISITIONS. Director Muhonen stated to ensure the Downtown Estes Loop project moves forward without delay, the remaining Town local matching funds of $3.9 million be utilized to pay for project design and right-of-way acquisition. A final project cost share reconciliation would be performed post -construction to assure the maximum Town payment of $4.2 million, and a minimum of 17.21% of total project funding, has been honored as previously agreed in Section IV of the FHA/Town Agreement. Providing the funding would minimize the risk of delay to land purchases needed to complete the project due to funding interruptions at the federal level; provide closure for the property owners; position the Town to request Colorado Federal Lands Access Programing Decision Committee to move the project construction funding forward from 2021 to 2019 to reduce the risk of higher project costs, implement solution to traffic congestion, and reduce downtown flood risk; and accelerated payments could reduce the administrative costs to staff. After further discussion, it was moved and seconded (Holcomb/Nelson) to approve Resolution #05-18, and it passed unanimously. 2. CONTRACT TO BUY REAL ESTATE - LOT 1 KEARNEY MINOR SUBDIVISION (1360 BROOK DRIVE) — WATER DIVISION. Director Bergsten stated the Town has outgrown the Elm Road shop space. The Water division recommended the purchase of Lot 1, Kearney Minor Subdivision, I -Industry zoned property, at a cost of $950,000 and relocate Water operations from Elm Road to the new location off of Fish Creek. This property would allow the division the room needed to store equipment and materials for day-to-day operations and for the expanded in-house project work. The current Water shop facility on Elm Road could be used by Public Works to address the facility needs of Streets and Fleet divisions. Staff estimates the current building on the property could be remodeled at a cost of approximately $200,000 and ready by the end of the year; however, the move could be phased with the heavy equipment moved immediately and the storage of materials. The Water division would fund the purchase of the property, thereby impacting the capital projects outlined for the year. Attorney White reviewed the terms of the contract and the Town's request for three additional items: 1) the installation of a sidewalk along Brook Drive by the current owner; 2) the transfer of three sewer taps to the Town; and 3) closing on June 25, 2018. It was moved and seconded (Walker/Koenig) to approve entering into a contract for the purchase of the property at 1360 Brook Drive, Lot 1, Kearney Minor Subdivision by the Water division with the amend/extend contract and it passed unanimously. 3. RESOLUTION #06-18 - 2018 SUPPLEMENTAL BUDGET APPROPRIATION FOR PURCHASE OF LOT 1 KEARNEY MINOR SUBDIVISION. Director Hudson presented the Resolution to appropriate $1 million from the Water fund to purchase Lot 1, Kearney Minor Subdivision. Mayor Jirsa questioned if the expense would alter the Capital Improvement Plan (CIP). Staff indicated the CIP would change the capital projects for the Water division. It was moved and seconded (Holcomb/Martchink) to approve Resolution #06-18, and it passed unanimously. Board ofTrustees — March 13, 2V18—Page 4 Whereupon Mayor Jirsaadjourned the meeting a1 Jacklie\Williamson, Town Clerk