HomeMy WebLinkAboutMINUTES Town Board 2018-12-11Town of Estes Park, Larimer County, Colorado, December 11, 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 11th day of December, 2018.
Present:
Todd Jirsa, Mayor
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Kimberly Disney, Recording Secretary
Absent: Cody Rex Walker, Mayor Pro Tem
Mayor Jirsa called the 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 (Norris/Martchink) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS
Trustee Zornes attended the Regional Elected Officials meeting with Mayor Jirsa, Trustee
Norris and Town Administrator Lancaster. He also attended the WWII Veterans Memorial
Dinner which recognized twelve Estes Park WWII Veterans. The Open Lands Advisory
Board would meet December 13, 2018.
Trustee Norris stated during the Regional Elected Officials Larimer County anticipates the
population to double by 2050. The Estes Valley Planning Commission would meet
December 18, 2018 and a news release has been issued regarding the Estes Valley
Comprehensive Plan and potential code changes. A League of Women Voters meeting
would be held December 12, 2018 to discuss general land use planning.
Mayor Jirsa stated the Platte River Power Authority voted to pass the Resource
Diversification Policy Resolution.
Trustee Cenac attended the National Finals Rodeo in Las Vegas where the Rooftop
Rodeo received recognition and were awarded the Women's Pro Rodeo Association Best
Footing in the Mountain division and Top 5 Medium Sized Rodeo in the Country. Visit
Estes Park continues the process of hiring a new CEO, and Trustee Zornes and herself
would hold a Trustee Talk December 12, 2018 in the Board Room.
Trustee Martchink participated in the Jingle Bell Walk for Ryan Hoover, who was recently
diagnosed with ALS. Contributions can be made at Kind Coffee. Additionally, he toured
the new Estes Valley Investment in Childhood Success facility.
TOWN ADMINISTRATOR REPORT.
None.
CONSENT AGENDA:
Board of Trustees — December 11, 2018 — Page 2
1. Bills.
2. Town Board Minutes dated November 27, 2018 and Town Board Study Session
Minutes dated November 27, 2018.
3. Board of Adjustment Minutes dated November 6, 2018 (acknowledgment only).
4. 2019 Contract with Host Compliance for Vacation Home Services.
5. Resolution #30-18 Support of Planning Grant Application with State Board of the
Great Outdoors Colorado Trust Fund for Completion of the Estes Valley Open
Space and Outdoor Recreation Plan.
6. Five-year High -Voltage Power Line Tree Trimming Contract Award with Adam's
Tree Service, First Year (2019) $330,720.00, Budgeted Annually.
It was moved and seconded (Zornes/Martchink) to approve the Consent Agenda
Items, and it passed unanimously.
Trustee Zornes requested clarification on Consent Item 4. He questioned if complaints
are verified and the processing of violations. Code Compliance Officer Hardin stated
complaints are verified and those considered violations are pursued. First time
violations receive a phone call to the homeowner and property manager, second time
violations receive a notice by mail, and third time violations would be summoned to
municipal court.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. CONSENT ITEMS:
A. AMENDED PLAT, LOTS 1 & 2, LITTLE PROSPECT MOUNTAIN ADDITION,
PROSPECT OF ESTES, LLC, OWNER/APPLICANT. It was moved and
seconded (Norris/Cenac) to remove Planning Commission Consent Item
A from the Consent Agenda for discussion, and it passed unanimously.
Planner Woeber presented the Amended Plat of Lots 1 & 2 of the Little
Prospect Mountain Addition to reconfigure two platted lots to have each lot
consistent with existing zoning and dedicated Right of Way (ROW) for a Town
street. At present, there has not been a proposed or submitted development
plan for this property. Trustee Martchink sought clarification on the current and
recommended acreage and zoning.
Richard Ralph/Town citizen spoke on behalf of neighbors living near or
adjacent to the Twin Owls property and understood the amended plat would
be different from the previous development application. The plat would
preserve the R-2 (Two -Family Residential) and would allow a future property
owner to develop the land.
Richard Mulhern/Town citizen stated he has requested the owner of the
property re-evaluate the setbacks shown on the amended plat to be in
accordance with Ordinance 140 which required a 75-foot setback, providing a
buffer between any future development. The owners did not re-evaluate the
setback as requested.
Sabina Chung spoke on behalf of the owners of the property and stated any
future development would not be pertinent to the current application for
amending the plat.
Applicant Paul Brown stated the 75-foot setback was removed in 2000 and
would no longer be applicable.
It was moved and seconded (Martchink/Norris) to approve the Amended
Plat, Lots 1 & 2 of the Little Prospect Mountain Addition, and it passed
unanimously.
Board ofTrustees — December 11.2V18—Page 3
2. ACTION ITEMS:
A. VARIANCE T0SIGN CODE, FALL RIVER VILLAGE, 511WEST ELNH0RN
AVENUE, FALL RIVER VILLAGE, LLC/OWNER.Code Compliance Officer
Hardin presented the Variance to Sign Code for two new freestanding signs
to replace existing signs on the south and north entrances of Fall River Village.
The existing signs would be determined legally non'confonning, which would
not allow the signs to be replaced. The replacement signs would reflect new
property bmnding, moot all other raquiremonta, and reduce current
encroachments. |twas moved and seconded (Conuo/Bonga)toapprove the
sign code variance allowing the replacement of existing signs with in the
setback for Fall River Village, and itpassed unanimously.
B`DRO|NANCE #20-8 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE TOPROVIDE FOR ASPECIAL REVIEW USE (S2)
PROCEDURE FOR OFFICES |NTHE RK8MULTI-FAMILY RESIDENTIAL
ZONING DISTRICT SUBJECT TO SPECIFIC ACCESSORY USE
REQUIREMENTS. Mayor Jireo opened the public hearing and Planner
Hathaway presented Ordinance #2D-18toamend the EVDCallowing Special
Review Use procedure for offices in the RM (Multi -Family Residential) zoning
district. A shortage of adequate and affordable office apace for small
businesses and non-profit agencies exists in the Eaten Va||ey, the code
amendment would allow partnerships between Estes Park businesses touse
adequate space jointly when compatible. The special review use would first
beheard bythe Estes Valley Planning Commission and the Town Board.
Applicants Laurie Dale Marshall ofthe Estes Park Nonprofit Resource Center
(EPNRC) and Michael &400m. Pastor of Presbyterian Community Church of
the Rockies read a letter ofsupport. The letter stated the partnership and
sharing of space has been mutually beneficial for both EPNRC and the
Church. It has a||ovvmd for increased areas of support, client intake, capacity
and ustrengthened image ananonprofit resource destination.
&1ayorJirse nougtu|arifiva1ion on the expired Temporary Use Permit (TUP)
used by the EPNRC, which has been allowed to continue operation at the
Church during the S2 application pmoona. Mayor Jima closed the public
hearing and Town Attorney White rood the ordinance into the record. It was
moved and seconded (Cenac/Norris)toapprove Ordinance #2U4O.and it
passed unanimously.
C.SPECIAL REVIEW USE (S3).ACCESSORY OFFICE |N RNK8ULTI-FAM|LY
RESIDENTIAL ZONING DISTRICT, 17OOBROO|EAVENUE; ESTESPARK
NONPROFIT RESOURCE CENTERIAPPL|CANT, PRESBYTEFl|AN
COMMUNITY CHURCH OFTHE R0CK|E8/OWNEN.Mayor Jirsaopened the
public hearing and Planner Hathaway presented the special review use of an
accessory ''offioe''inthe RPWzoning district. The EPNRC requested approval
of the special review use to continue their relationship with the Presbyterian
Community Church of the Rockies at 1700 Brodie Avenue. The EPNRC
currently |ounou an 800 square foot office space at the ohunch, and has
operated through a TUP since August 2O17which expired Septomber8O.
2O18.continued operations have been allowed through the special review use
application process. Approval of the special review use would allow continued
operation of the EPNRC at m compatible and uffnvdab|o location. Staff
Recommended the following conditions: notification tutown staff nfincreases
in office space use and the special review use be granted for EPRNC or any
nucoeaoronganizodon with similar operations or goals. Trustees discussed
how a compatible auooeoorwmu|d be determined and potential impacts to
traffic. Mayor Jirsa closed the public hearing and it was moved and seconded
(K4artuhinWZornee) to approve the S2 Special Review Use for an
accessory office use for Estes Park Nonprofit Resource Center to
Board ofTrustees — December 11,2U18—Page 4
operate inthe RM(Nu|U'Fami|y)residential zoning district, and itpassed
unanimously.
ACTION ITEMS:
1. ORO|NANCEA2148 EXTENDING THE TEMPORARY MORATORIUM ON
THE APPLICATION AND REVIEW OFPARK AND RECREATION FACILITIES
IN RESIDENTIAL ZONING DISTRICTS. Mayor Jirsmopened the public hearing
and P|annerVVoeber presented Ordinance #21'18 to extend the temporary
moratorium on the application and review of park and recreation facilities in
residential zoning districts. A temporary moratorium was imposed October Q.
2018 due to concerns raised by the permitted use of Park and Recreation
Facilities in residential zoning districts. The monatohum, which would expire
January7. 2019. was to allow time to determine what amendments might be
appropriate hothe EVDC. Atthis time, staff would require additional time todraft
amendments to the Estes Valley Planning Commission, Town Board of Trustees
and LehmerCounty Commissioners. Staff requested extending the moratorium
to April 7, 2019. Trustees discussed actions of Larimer County Board of County
Commissioners regarding a mons0uhum, the detriments of amending the code
now aoopposed to continuing the momtohum, the necessity ofcontinuing the
moratorium and whether 00 days would be sufficient to review code
amendments.
Diana Emmtqown citizen and Richard Ra|phiTown citizen spoke in favor of the
ordinance and urged the Town V» continue the moratorium stating there would
not have on adverse uffaot and would be seen as a crucial component for
restoring trust inthe Town.
Mayor Jima closed the pubic hearing and Town Attorney White read the
ordinance into the record. It was moved and seconded (ZomasU9anga)to
approve Ordinance #21-17, and it passed with Mayor Jirsa voting "No."
2. RESOLUTION t314O2018SUPPLEMENTAL BUDGET APPROPRIATIONS.
Mayor Jiroo opened the public hearing and Director Hudson presented
Resolution #31-18 for2018 to appropriate funding for final year end budget
adjustments. Departments reviewed the current budget and revised the 2018
estimated final expenditures. Increases would be made 0uthe General Fund.
Community Center Fund, Medical Insurance Fund, Information Technology Fund
and Vehicle Replacement Fund. Decreases would bemade tothe Light &Power
Fund and Water Fund. The resolution would authorize payment ofoperational
and capital costs anneeded, including year-end accruals. |twas moved and
seconded (Nonio/yWortohink)toapprove Resolution #31'1Q, and it passed
unanimously.
3' AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF EGTES PARK AND L&RIK8ERCOUNTY FOR THE ESTES
PARK LOCAL MARKETING DISTRICT. Attorney White presented the
Amendment Lothe |GAbetween the Town and LohmerCounty for the LK8O.The
significant change to the IGA would allow the Town or the County the option of
appointing two Town Board members orone County Commissioner tothe LyWD
Board ofDirectors. Updates tothe Bylaws would conform them tnthe terms and
conditions ofthe amended |GA.
Charlie Dickey/Town citizen questioned whether Mayor Jirsa and Trustee Cenac
would need to recuse themselves and if the Visit Estes Park Board had a position
on the proposed amendments to the IGA. Attorney White stated Mayor Jirsa and
Trustee Cenao need not neousethemao|veo due to the amendments being o
Board of Trustees — December 11, 2018 — Page 5
It was moved and seconded (Cenac/Bangs) to approve the
Intergovernmental Agreement and Bylaws for the Estes Park Local
Marketing District, and it passed unanimously.
4. APPOINTMENT OF TRUSTEE TO LARIMER COUNTY MENTAL HEALTH
INITIATIVE POLICY COUNCIL. Town Administrator Lancaster presented the
appointment of a Trustee to the Larimer County Mental Health Initiative Policy
Council. With the passage of Larimer County Initiative 1A on behavioral health,
the County has formed an advisory council to set policy for the new facility and
services. The council would consist of elected officials from the municipalities of
Larimer County. Mayor Jirsa stated Trustee Zornes has shown interest in the
council and recommended his appointment. It was moved and seconded
(Norris/Cenac) to appoint Trustee Zornes to the Larimer County Mental
Health Initiative Policy Council, and it passed unanimously.
5. REVISED POLICY 305 BENEFITS AND REVISED POLICY 306 LEAVE.
Director Williamson presented revised Policy 305 Benefits and revised Policy
306 Leave. The revisions to the policies addresses changes in process, changes
to terminology and the addition of new or increased benefits. Policy 305 revisions
would include an increase to the Home Ownership program funding and the
addition of the Childcare Assistance Program. Policy 306 revisions would include
the addition of bereavement eligibility for part-time employees and the addition
of Volunteer Leave. It was moved and seconded (Bangs/Cenac) to approve
the revised Administrative Services Policy 305 Benefits and Policy 306
Leave, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:17 p.m.
Todd Jirsa, 'ayor
,,Kimberly Di- ey, ecbrdtrig Secretary