HomeMy WebLinkAboutMINUTES Town Board 2018-02-13Town of Estes Park, Larimer County, Colorado, February 13, 2018
Minutes nfaRegular meeting ofthe Board nfTrustees ofthe Town ofEstes
Park' Larirner County' Colorado. Meeting held in the Town Hall in said
Town of Estes Park on the 1311 day of February, 2018.
Present:
Also Present:
Todd Jiroa,Mayor
Wendy Koenig, Mayor Pro Tern
Trustees Bob Holcomb
PatrinkMartnhinh
Ward Nelson
Ron Norris
Cody Rex Walker
Frank Lancaster, Town Administrator
Travis Manha|eh'Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 6:13 p.m.
REQUEST TOENTER EXECUTIVE SESSION:
kwas moved and seconded (Norho8Na]kor)toenter into Executive Session for a
conference with Attorney White per Section 24-6-402(4)(b), C.R.S. for the purposes
ofreceiving legal advice onspecific legal questions regarding use ofthe Senior
Center, and itpassed unanimously.
The Board entered Executive Session at615pm.and concluded o1S:37p.m.
Mayor Jirsa reconvened the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge ofAllegiance.
AGENDA APPROVAL.
hwas moved and seconded (Ho|uomb/Koonk])toapprove the Agenda, and bpassed
unanimously.
PUBLIC COMMENTS.
Johanna Darden/Town citizen spoke 0ochild development and recommended o book
published bythe GaueUoInstitute.
TOWN BOARD COMMENTS
Mayor Pro Tern Koenig stated the Quota Club has obtained development pamphlets from
the Skate ofColorado to pass out at the School District.
Trustee Walker recognized Community Development staff for addressing changes 1othe
Fee Waiver policy.
Trustee Norris stated the Family Advisory Board held their regular monthly meeting. A
special Joint Study Session meeting of the County Commiseionens, Town Board and
Estes Valley Planning Commission would be held on February 22. 2018. He mentioned
the Town C|ed/a office would have information on support groups for caregivers caring
for those suffering from dementia and A|zheimn/n.
Trustee Martchink recognized the outgoing Town Senior Center staff with the transitioning
of the Senior Center to the Estes Valley Recreation and Park District (EVRPD) in the new
Board of Trustees — February 13, 2018 — Page 2
Community Center as of March. He commented their hard work and dedication were
appreciated by the Town and the community they served.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster presented the Board with a Resolution that Senator Gardner
presented on the floor of the United States Senate recognizing the Town of Estes Park's
100 year anniversary.
Town Clerk Williamson provided an update on the April 3, 2018 Municipal Election
announcing the ten candidates running for the three trustee seats, including Dave Shirk,
Bob Holcomb, Marie Cenac, Barbara MacAlpine, Bob Holcomb, Art Messal, Ken Zornes,
Ward Nelson, Carlie Speedlin Bangs, and Michelle Hiland.
1. CONSENT AGENDA:
1. Town Board Minutes dated January 23, 2018 and Study Session dated January
23, 2018.
2. Bills.
3. Committee Minutes.
a. Community Development/Community Services Committee Minutes dated
January 25, 2018.
4. Family Advisory Board Minutes dated January 4, 2018 (acknowledgement only).
5. Amendment of Water System Transfer Agreement with Park Entrance Mutual
Pipeline Water Company.
6. Revised Policy 402 Community Development Fee Waiver.
7. Purchase of Tandem Dump Truck for Water Department, MHC Kenworth-Greeley,
$157,480.03.
8. Board of Adjustment Appointments:
a. Wayne Newsom, Reappointment, 3-year term expiring February 28, 2021.
b. Jeff Moreau, Reappointment, 3-year term expiring February 28, 2021.
9. Local Marketing District Appointment - Kevin Benes to complete the term of Chris
Amundson expiring on December 31, 2019.
It was moved and seconded (Walker/Holcomb) to approve the Consent Agenda,
and it passed unanimously.
2. PLANNING COMMISSION ITEMS:
1. ACTION ITEMS:
A. AMENDED AND RESTATE BLACK CANYON MINOR SUBDIVISION
PLAT, 800 Macgregor Avenue; Sloan Investments LLC, Owner. Attorney
White stated the original plat was approved by the Town Board in April 2016
and subsequently recorded in March 2017. The plat contained an error
identified through the sales contract for Lot 2 of the subdivision. Lot 2
contained a portion of the main Black Canyon Inn property in error. To
correct the error an amended and restated plat of Lot 2 would be required
to complete the sale. It was moved and seconded (Norris/Koenig) to
approve the Amended and Restated Black Canyon Minor Subdivision,
and it passed unanimously.
Board of Trustees — February 13, 2018 — Page 3
B. ORDINANCE #34-17 — AMENDING THE ESTES VALLEY
DEVELOPMENT CODE CHAPTER 13 §5.4 & §3-17, REGARDING
OUTDOOR MOBILE FOOD VENDORS & VENDING PERMITS. Mayor
Jirsa opened the public hearing. Planner Becker provided a brief overview
of the changes to the Ordinance to address concerns of the Board and
public, including the temporary use permit process being replaced with a
simple business license process, and a proposed lower business license
fee to be reviewed with the additional changes coming forward for business
licensing. The new process would allow food trucks to float as long as they
have land owner approval and are operating within the allowed zoning
districts, and adhere to the operational standards outlined in the code
amendments. The code amendments would only be applicable within town
limits in order to interface with the business licensing ordinance.
Matthew Heiser/Town citizen and local business owner stated his
appreciation for staff's work and communication to bring the code
amendment forward.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance
into the record. It was moved and seconded (Nelson/Holcomb) to
approve Ordinance #34-17, amending the Estes Valley Development
Code as stated in Exhibit A, finding that the amendment is in accord
with the Comprehensive Plan and with Section 3.3 of the Development
Code, and it passed unanimously.
3. ACTION ITEMS:
1. FUTURE USE OF SENIOR CENTER AT 220 4TH STREET.
Attorney White reviewed the deed restrictions for the Stanley Park property (54
acres) and stated any activities outside of the deed would revert the property to
the Stanley heirs. Reversion of the property would include the loss of all
improvements on the property; including the Museum, Senior Center, Event
Center, Pavilion, large portion of the property leased to the Estes Valley
Recreation and Park District, etc. Assistant Town Attorney Randy Williams
provided a second opinion confirming Attorney White's opinion on the use of the
Senior Center for childcare may violate the terms of the reversionary clause of
the Stanley Park deed. He further stated the area known as Stanley Park
consists of three parcels: 54 acres deeded by F.O. Stanley in 1936, 7.5 acres
deeded by the Manford family (rodeo grounds and entrance to Stanley Park),
and 17 acres deeded by the Estes Park Development Company (EPDC)
(southeast portion of the property). All deeds included the reversionary clause;
however, the EPDC no longer exists, therefore, the reversionary clause may not
be enforced.
Assistant Town Administrator Machalek provided a review of the current Senior
Center facility, amenities and programming, and stated the new Community
Center would provide approximately twice the usable square footage, additional
amenities such as use of the walking track and similar programming to be
provided. The Town has three master plans for the Stanley Park properties,
including the 2006 Fairgrounds plan, 1997 plan adopted by the Town and the
EVRPD for the property east of Community Drive, and an updated 2013 plan
adopted by EVRPD only, and the 2013/2014 Museum and Senior Center Master
Plan with a preferred alternative to combine the Senior Center with a Community
Center. Ballot 1A, which included funding for the new facility, was passed by the
voters in 2014. In 2015, EVRPD submitted Ballot Issues 4C and 4D for the
construction and operational expenses of a multi -generational Community
Center and it passed. The Town and EVRPD entered into an IGA in 2016 to
outline the Town's intent to transfer management of the Senior Center to the
District with the completion of the new Community Center.
Board discussion was heard on the four proposals reviewed at the previous study
session for the use of the current Senior Center building and have been
Board of Trustees — February 13, 2018 — Page 4
summarized: the Children's Museum proposal was an innovative proposal,
however, as a private business it should not be operated out of a Town owned
building; the Museum storage has been an issue for over 25 years and should
be addressed, even as a temporary solution; the history of the Town should be
protected and celebrated with the preservation of the Museum artifacts; the
Stanley Park reversionary clause would prevent the building from being utilized
for childcare; the Community Center provides a new senior friendly space for the
Senior Center; the Senior Center has been transferred to the EVRPD through
the IGA and continuing to operate a second facility would undermine the success
of the new center and be a duplication of efforts; and it was noted the Museum
and childcare deserve a better building than the current Senior Center.
Those speaking in favor of the Museum for storage included Kurtis Kelly/Museum
Foundation President and Nancy Thomas/Stanley Museum member. The
Museum Foundation Board unanimously endorsed the Museum's request to
utilize the building for storage and return the Light and Power warehouse space.
The storage would be a temporary solution of five to six years to allow the
Foundation the time needed to raise the funds to construct a research and
collection building. Light and Power has a need to reclaim the space in order to
complete projects in house and save taxpayer funds.
Those speaking in favor of Senior Citizen Center Inc. maintaining the building,
included Elva Allen/County citizen and Johanna Darden/Town citizen. The
seniors would not be provided the services needed by the new Community
Center, namely a daily meal.
Those speaking in favor of the Child Development and Recreational Center
included Lori Dale Marshall/County citizen, Adam Hochstetler/Town citizen,
Michelle Hiland/Town citizen and Art Messal/Town citizen. The Family Advisory
Board (FAB) endorsed the center because it would meet a critical need in the
community. FAB would request the Town Board review how to remove the deed
restriction to allow the facility to meet a number of the Board's Strategic Plan
objectives. It was suggested the Town identify an alternative if the Senior Center
cannot be used for the facility. The Town needs to support the development of
children and help families in the Estes Valley.
It was moved and seconded (Walker/Koenig) to decline the Children's
Museum proposal as a use of the Senior Center located at 220 4th Street,
and it passed unanimously.
It was moved and seconded (Holcomb/Nelson) to accept the Museum
proposal for the use of the Senior Center located at 220 4th Street, Board
discussion followed and after further discussion, the motion was followed by a
substitute motion.
Discussion focused on the best and highest use of the Senior Center building;
the need to review the Master Plans for the property to determine the use of the
building, use by the Museum as storage would be an expansion of the facility,
the childcare facility continues to be the highest priority and need within the
community, and concern the Museum would utilize the building for storage and
not build the new research -and collection facility.
Staff stated a review of the three master plans for the Stanley Park properties
would take six to nine months to complete. It was also stated there are a number
of competing uses for the property, including the performing art center, vocational
classrooms for the School District, childcare, etc. which need to be considered
in the review process to determine the best and highest use of the property.
After further discussion a substitute motion was proposed. It was moved and
seconded (Koenig/Jirsa) as of March 1, 2018 the Senior Center building
located at 220 4th Street is vacated and reserved for the use by the Museum
Board ofTrustees — February 13,20n—Page 5
mothey see fit, including aamstorage facility, and K passed with Trustee
Walker voting ^No^
2. ORDINANCE #O2-18—AMENDING THE 2U15INTERNATIONAL BUILDING
CCJOE` g307.1.1. 0414.2.5 AND TABLE 414.2.5(2), REGARDING THE
STORAGE OFDISTILLED SPIRITS [NWOODEN BARRELS ORCASKS.
Mayor Jinsa opened the public hearing. Chief Building Official Biohfie|d
presented amendments to the 2015 International Building Code (IBC) to address
local concerns onthe maximum allowed quantity ofdistilled spirits, 120gaUonm.
that can be stored in wooden barrels or casks in a control room without a sprinkler
system and an emergency alarm system. Liquor stores are allowed to store
1'80Ogallons ofvarious alcohol without asprinkler system. The proposed local
amendment would allow distilleries to store up to 1,600 gallons before the control
room would need 1obesprinkled.
Joe BNno/E|Nna Distillery spoke in support of the proposed local amendment
and thanked staff for developing a reasonable solution.
Kent Smith/Town citizen thanked staff for their efforts to facilitate the changes
and for continuing to support the craft beverage industry within the community.
yWuyorJinaa closed the public hearing. Attorney White read the Ordinance into
the record. It was moved and seconded (Nelson/Holcomb) to approve
Ordinance #D2'18.and itpassed unanimously.
3. POLICY 1OO—ADMINISTRATIVE POLICIES APPLICABLE TOTHE BOARD
OF TRUSTEES. Town Administrator Lancaster presented the new policy that
would identify general administrative policies applicable to the Board of Trustees
and todocument agreement bythe Board toabide bythese specific policies. It
was moved and seconded (Holcomb/Koenig) to approve Policy #108 —
Administrative Polices Applicable tothe Board of Trustees, and it passed
unanimously.
4. TRANSPORTATION ADVISORY BOARD INTERVIEW COMMITTEE
APPOINTMENT. It was moved and seconded (Norris/Walker) to appoint
Trustee Holcomb and Trustee K8ortchink tothe Transportation Advisory
Board interview committee, and it passed unanimously.
Whereupon Mayor Jimaadjourned the meeting otQ
Todd Jirsa, May
ie Williamson, Town Clerk
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