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HomeMy WebLinkAboutMINUTES Town Board 2018-09-25Town of Estes Park, Larimer County, Colorado, September 25, 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 25th day September, 2018. Present: Also Present: Todd Jirsa, Mayor Cody Rex Walker, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Patrick Martchink Ron Norris Ken Zornes 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 (Norris/Cenac) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Steve Komito/Town citizen read a prepared statement addressing the comments made by Major Jirsa on the need to conduct further modeling of the loop project and to address the Park's ongoing study to address traffic and overcrowding of the Park. He stated concern with the Mayor's and other Board member's stated objection to the project which has been in process for the past five years to address traffic congestion and accessibility of the downtown corridor. He requested the Mayor and the other Trustees provide a clear public statement as to why the current traffic improvement plan should be discarded. Diana Van der Ploeg and Nancy Hills/Estes Park Citizens Against the Slide (EPCATS) reviewed the timeline of the development plan submittal for the mountain coaster and the preceding code amendments allowing the proposed plan. They requested a moratorium on all commercial development until the code can be fixed to address the necessary guardrails for this type of development in the future. It was requested that Mayor Pro Tem Walker consider workforce housing on the property rather than a mountain coaster and provide the needed housing. Johanna Darden/Town citizen requested the Mayor announce clearly when public comment would be closed and request if anyone else has a comment before closing public comment in the future. TOWN BOARD COMMENTS Trustee Zornes stated he would attend the Open Lands Advisory Board meeting. He recognized the war veterans attending the meeting. Trustee Norris commented the Platte River Power Authority annual report has been released and provides details on their financial status and renewable energy. He reminded the community to be bear aware. The Family Advisory Board would meet on October 1, 2018. The Comprehensive Advisory Committee met and continues to review the content for the new plan. Planning Commission met last week and discuss the need to address code amendments for commercial uses in residential zones. Board of Trustees — September 25, 2018 — Page 2 Trustee Bangs stated the Transportation Advisory Board met and discussed the upcoming public comment period beginning October 11, 2018 for pedestrian wayfinding signage plan. Trustee Cenac stated she and Trustee Zornes attended the trustee talk and had a good discussion with those in attendance. The intent would be to have a talk each month. The Rooftop Rodeo has once again been nominated as one of the top five medium sized rodeos of the year. Trustee Martchink stated he had a discussion with Administrator Lancaster to determine the Board's ability to place a moratorium on commercial development in residential zones. Discussion ensued with Attorney White stating a moratorium can be approved by the Board; however, it would have to be approved by both elected boards with a specific purpose and limited time. The Board consensus was to bring the consideration of a moratorium forward for discussion at the next meeting. TOWN ADMINISTRATOR REPORT. Policy Governance 3.8 Compensation and Benefits Report — Administrator Lancaster reported full compliance with the exception the Town continues to not offer spousal health insurance. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated September 11, 2018. 3. Audit Committee Meeting Minutes dated August 23, 2018. 4. Estes Valley Planning Commission Minutes dated August 21, 2018 (acknowledgment only). 5. Transportation Advisory Board Minutes dated August 15, 2018 (acknowledgment only). 6. Parks Advisory Board Minutes dated August 16, 2018 (acknowledgement only). 7. Acceptance of Town Administrator Policy Governance Monitoring Reports. 8. Family Advisory Board Appointment of Carrie Brown and Michael Moon for terms expiring April 30, 2021. 9. Upper Thompson Sanitation District Easement Agreements. 10. 2018 Estes Park Museum Remodel Contract Award to Saunders/Heath Construction, $179,865 - Budgeted. It was moved and seconded (Martchink/Bangs) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1. 2017 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Finance Director Hudson stated the CAFR was completed by Anton Collins Mitchell LLP. Tyra Litzau/Anton Collins Mitchell LLP presented an overview of the annual financial reporting process. The auditing firm conducted an independent audit of the Town of Estes Park's financial statements as of December 31, 2017 and have expressed an unmodified opinion (clean) the financial statements presented fairly, in all material respects, the financial position of the funds and activities of the Town of Estes Park in conformity with Generally Accepted Accounting Principles (GAAP). One material weakness was identified related to a duplicate accrual of an accounts payable invoice. Staff has added a special task to the year-end processes to address this issue moving forward. Two additional comments were included in the management letter, one relating to certified payrolls from subcontractors on the Parking Garage and another relating to an accrual entry missed in the prior year. A single audit was also completed with the auditors expressing an unmodified opinion. The auditors completed a Beyond the Numbers report which compared the Town's financial situation among three peer Board of Trustees — September 25, 2018 — Page 3 communities, including Steamboat Springs, Glenwood Springs and Telluride. It was moved and seconded (Norris/Cenac) to accept the audit report and Comprehensive Annual Financial Report for the year ending December 31, 2017, and it passed unanimously. 2. RESOLUTION #20-18 SUPPORTING THE LARIMER COUNTY MENTAL HEALTH INITIATIVE. Dave Coffman/Issue Committee Representative presented a review of the ballot issue to address gaps in mental health services through the construction of a new 60,000 sq. ft. building at a cost of $30 million and provide an additional $15 million needed in annual funding to provide services to the community. The tax would impose a 0.25% county -wide sales and use the tax to provide mental health care services for residents which would sunset in 25 years. The item has been approved by the Larimer County Commissioners for the upcoming November General Election ballot. Kent Smith/Town citizen stated he would support the tax initiative and thanked the Mayor for supporting and championing the cause. It was moved and seconded (Jirsa/Cenac) to approve Resolution #20-18 Supporting the Larimer County Mental Health Initiative on the General Election Ballot, and it passed unanimously. 3. APPOINTMENTS TO THE LOCAL MARKETING DISTRICT BOARD AND DISCUSSION OF THE INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY. Attorney White stated at a recent study session the Board and Larimer County Commissioner Johnson discussed the two Town vacancies and the desire of the Commissioners to have the vacancies filled by Town Board Trustees. He stated the State Statutes do not prohibit elected officials from serving as a Local Marketing District Board member. The appointments would provide governance oversight and allow the Town and County Commissioners to review and, if appropriate, approve the 2019 Operating Plan for the District. The two elected bodies would consider possible amendments to the Intergovernmental Agreement regarding the appropriate number of elected officials that may or should serve as Local Marketing District Board members. Ann Wilcocks/Estes Valley Partners of Commerce (EVPC) Board secretary read a prepared statement from the combined membership of the Estes Area Lodging Association (EALA) and EVPC stating support for the Local Marketing District and the organization's Operating Plan. After further discussion, it was moved and seconded (Walker/Bangs) to appoint Mayor Jirsa with a term expiring December 31, 2019 and Trustee Cenac with a term expiring December 31, 2020 to the Local Marketing District Board, and it passed unanimously. 4. RESOLUTION #21-18 OPPOSING AMENDMENT 74. Town Administrator Lancaster reviewed Amendment 74 which proposes to amend the Colorado Constitution to drastically limit state and local government services at a high cost to taxpayers. The Amendment requires just compensation if private property's fair market value has been reduced by governmental law or regulations. This would undermine the ability of state and local governments to effectively represent constituents and protect their interests in vital areas such as clean water and air, zoning enforcement and infrastructure improvements. The Amendment would expose local governments and taxpayers with unprecedented levels of legal exposure and result in taxpayer dollars going toward lawsuits, which could lead to higher taxes and/or a reduction in government services. A similar law was passed in Oregon and after several years and millions of dollars the electorate voted to rescind the Amendment. It was moved and seconded (Norris/Zornes) to approve Resolution #21-18 Opposing Amendment 74, and it passed unanimously. PLANNING COMMISSION ITEMS: Board of Trustees — September 25, 2018 — Page 4 1. ACTION ITEMS: A. APPEAL WIND RIVER APARTMENT HOMES DEVELOPMENT PLAN 2018-03, 1041 S ST. VRAIN AVENUE, WIND RIVER HOLDINGS, LLC/OWNER. Mayor Jirsa opened the public hearing. Planner Woeber stated the applicant has appealed the denial of the Development Plan by the Estes Valley Planning Commission at the August 21, 2018 meeting. The Planning Commission did not provide findings for the denial motion. He provided a brief overview of the project to build 94 workforce/attainable housing units with a maximum height of 38 feet on 5.77 acres on a lot zoned RM — Residential Multi -Family. The applicant has requested a waiver to allowed minimum centerline radius of 37 feet, in lieu of the required minimum 50 feet. Attorney White has reviewed and approved the Restrictive Covenant and Agreement for the Wind River project for workforce housing, a requirement for the density bonus provisions in the Development Code. Board discussion was heard and summarized: the applicant has worked with CDOT to provide a lighted pedestrian crossing and was denied; applicant has suggested the addition of a bus turnout; an additional discussion has begun with CDOT to extend the sidewalk on the west side of the roadway to connect to the pedestrian crossing at Graves Avenue; discussion on how the density calculation was determined; whether the Fire District agreed with the radius waiver; and if the proposed driveway should be considered a private street and if so be deducted from the density calculation. Peter Pewterbaugh/Appellant and developer reviewed the development plan considered by the Planning Commission during the months of July and August. The plan was amended to address concerns raised by the neighbors at the first meeting in July, including adding a full eight foot curbed and guttered sidewalk along the length of the property, a new bus stop on Highway 7, a pedestrian study, additional parking analysis, relocation of speed limit sign to the southern end of the property, change to building foundations to reduce view impact, and grading and drainage improvements. Chris Payne/Ballard Spahr a land use attorney reviewed the motions by the Planning Commission which did not include findings and noted it was done so intentional. He stated the decision was arbitrary and capricious. The development plan proposed a multi -family apartment complex, a use by right in the Estes Valley Development Code (EVDC) without the need for a rezoning. The project was recommended for approval by staff as it met the code requirements and adequate public services. The plan proposes workforce housing through and a Restrictive Covenant, thereby allowing the full density bonus per code with a height bonus for the RM — Residential Zoning district. The covenant would secure the property as workforce housing for 50 years. Steve Lane/Basis Architecture reviewed the site plan and layout of the buildings, view corridors, step down of the buildings, use of earth tones and varying materials to provide an attractive project. The floor plans include one-, two- and three - bedroom units designed as market rate units with high end finishes. He stated the adjacent multi -developments at Eagles Landing and Eagle View have a higher density with 20 per acre and 18 per acre respectively. An additional parking study was completed by Delich Associates to confirm the number of parking spaces proposed for the development compared to other developments in Estes Park and with other parking requirements of nearby communities. Lonnie SheldonNan Horn Engineering reviewed the adequate public facilities for the proposed development for electric, water, fire, sewer, transportation, drainage and fire protection. He stated the EVDC does not contain a requirement for a pedestrian crossing. Possible improvements could be considered, including repainting the crossing, additional signage or crossing guards during school hours. The additional traffic study confirmed a turn lane would not be required and CDOT agreed. Drainage would include a detention pond on -site to mitigate the Board of Trustees — September 25, 2018 — Page 5 impervious coverage and to mitigate water quality. To address drainage issues at the intersection, CDOT would place an underground pipe to direct water flow across the highway to a historic flow location. Those speaking in opposition to the appeal included Adam Bensman/Town citizen, Kristin Hill/Town citizen, Ray Leaycraft/Town citizen, Marcia Weaver/Town citizen, Karen Mossier Nicholson/Town citizen, Pat Newsom/Town citizen, Brookie Gallagher/Town citizen, and Johanna Darden/Town citizen. Those in opposition stated support for workforce housing; however, the proposed development has been over built, too dense, negative impact to pedestrian movement, the parking study does not consider the unique factors master leases would have on traffic; the development does not strike a balance to meet the needs of all impacted; concerned the driveway would be used to access the proposed daycare center and should be considered a roadway; the plan does not meet the EVDC; non- compliant congested parking lots with no area for kids to play and limited green space; the development would be dormitory housing for seasonal/temporary employees and not families; maximum density should be granted based on site conditions and surrounding uses and does not have to be granted; concerned with the crossing at Highway 7; and no buffering has been provided from the surrounding E — Estate zoned properties and there should be a transition buffer. Those speaking in favor of the appeal included Rita Kurelja/former Eses Park Housing Authority Executive Director, Naomi Hawf/Estes Park Housing Authority Executive Director, Aaron Florence/Town citizen, James Poppitz/Town citizen, Randy Brieham/County citizen, Larry Leaming/Estes Park Health CEO, David Batey/County citizen, Diane Muno/Town citizen, Ron Wilcocks/County citizen and business owner, Jon Nicholas/EDC Executive Director, Charley Dickey/Town citizen and business owner, and Greg Rosenor/Town citizen. The project would provide needed workforce housing; help local businesses retain employees; begin to address the 400 on the Estes Park Housing Authority waiting list; begin to address the high turnover the hospital experiences with staff such as nurses and surgical technicians; the lack of housing compounds the issue of finding qualified applicants; there are a number of businesses that would be interested in master leases to house employees and their families; Estes Park Health has been negatively impacted by the lack of housing, and therefore, impacts the cost of healthcare in the community; without housing the town cannot maintain a working class; the location of the proposed housing development is near the schools, hospital, downtown and trails; high density developments have a lower impact on a neighborhood than single family homes and are better for the environment; high density development has not shown to negatively impact the land value of adjacent properties; the Estes Valley Partners for Commerce support the development; and the development plan meets all requirements of the EVDC and should be approved. Alice Reuman/League of Women Voters President read a prepared statement supporting workforce housing for those that work in the Estes valley, including teachers, police officers, doctors, nurses, etc. The League encouraged the Board to build on the current policies to support workforce housing. It was moved (Norris/Walker) to extend the Town Board meeting to complete the agenda, and it passed unanimously. Peter Peterbaugh/Appellant stated the intent of the development would not be to have only master leases and to provide dormitory housing for J-1 students or seasonal housing. Board comments were heard and have been summarized: Trustee Martchink questioned the section of the Restrictive Covenant requiring the Town to review and extend the lease of an individual that no longer qualifies for workforce housing; Trustee Cenac stated concern with the double density, however, the development meets the code; Trustee Bangs stated the proposed project would address the housing needs in the community. She stated concern with the pedestrian crossing Board of Trustees — September 25, 2018 — Page 6 and requested the Town work with CDOT to address the issue; Trustee Norris commented a balance should be found in the community when addressing the housing issue and should also address the safety concerns; Trustee Zornes stated he has been assured by staff the development meets the EVDC; and Mayor Jirsa stated disappointment in the Planning Commission with their arbitrary and capricious decision and their denial of the development plan with no findings. Mayor Jirsa closed the public hearing. It was moved and seconded (Walker/Martchink) to approve Development Plan 2018-03, 1041 S. St. Vrain Avenue with the associated waivers: 1) reduced centerline radius; and 2) appeal from the Planning Commission's denial of the same on August 21, 2018, finding the Development Plan meets the Estes Valley Development Code requirements for approval per EVCD Chapter 3, and it passed unanimously. Mayor Jirsa called a recess at 10:30 p.m. and reconvened the meeting at 10:38 p.m. B. SPECIAL REVIEW, WIND RIVER APARTMENTS DAYCARE FACILITY, 1041 S. ST. VRAIN AVENUE, WIND RIVER PROPERTIES, LLC/OWNER. Mayor Jirsa opened the public hearing. Planner Woeber stated the Special Review would allow the development of a daycare facility within the Wind River development. The facilty would serve the residents and would have additional capacity for children in the community. The current building would be remodeled and expanded to include a leasing office and a fenced playground. Kent Smith/Town citizen stated the daycare would address the needs of those within the development and provide additional childcare much needed within the community. Greg Rosenor/Town citizen thanked the developer and his team for adding this needed facility to the development which demonstrates his commitment to the community. Mayor Jirsa closed the public hearing. It was moved and seconded (Zornes/Bangs) to approve the Special Review, Wind River Apartments Daycare Facility, 1041 S. St. Vrain Avenue, with the findings and conditions included in the staff report, and it passed unanimously. REQUEST TO ENTER EXECUTIVE SESSION. It was moved and seconded (Cenac/Martchink) to enter Executive Session for the discussion of a personnel matter; 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 under C.R.S. 24-6-402(4)(f), and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting to executive session at 10:55 p.m. The Board reconvened at 11:15 p.m. were the Maypr'adjpurned the meeting. Todd Jirsa, May ie Williamson, Town Clerk