HomeMy WebLinkAboutMINUTES Town Board 2018-08-28Town of Estes Park, Larimer County, Colorado, August 28, 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 28th day August, 2018.
Present:
Also Present:
Absent:
Todd Jirsa, Mayor
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Cody Rex Walker, Mayor Pro Tem
Frank Lancaster, Town Administrator
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.
Mayor Jirsa stated Town Policy 103 limits public comment to issues pertaining to Town
government and to items in which the Town Board has authority or responsibility. The
Town Board should not be hearing a report or discussion on the Mountain Coaster as
the project is within the purview of the County Commissioners not the Town Board. It
was moved and seconded (Martchink/Cenac) to approve the Agenda, and it passed
with Mayor Jirsa voting "No".
PUBLIC COMMENTS.
Bill Pinkham/Town citizen stated he had the good fortune to join Senators Udall and
McCain at a 2009 Climate Change meeting held in Estes Park. He commented on the
service the former Senator McCain provided to the United States and requested a
moment of silence in honor of McCain's passing.
Art MessalfTown citizen read a statement from Visit Estes Park (VEP) Board member
Tomasello in response to an email. He pointed out the response was a model of how
not to behave as a member of a board. He requested the Town Board act to address
the issues of the VEP Board and the staff.
Jay Vetter/County resident requested the Town Board revisit the strategic plan goals to
address the Estes Valley Development Code. He stated concern with how the code has
been applied in the past and within the unincorporated Estes valley.
TOWN BOARD COMMENTS
Trustee Zornes attended the Larimer County Open Space meeting in which the County
acquired an 800-acre ranch that exists entirely within the boundary as an enclave of the
Red Mountain Open Space at a cost of $2.25 million. The new Longview Trail
connecting Loveland to Fort Collins opened on August 18, 2018. The American Legion
and Flinch Forward to hold a September 11th ceremony on said day to recognize the
2,933 men, women and children who lost their lives in the terrorist attack. Retired
Lieutenant Colonel James Harvey would speak at the American Legion on August 30,
2018.
Trustee Norris stated the Town of Estes Park has the highest median age in Colorado.
An Alzheimer booklet has been produced and available to the community. He reminded
the community that bear activity has increased and reminded the community to be bear
aware. The Family Advisory Committee would hold its regularly scheduled meeting on
September 6, 2018. The Estes Valley Planning Commission meet and recommended a
Board of Trustees — August 28, 2018 — Page 2
code requirement for a developer to meet with the public prior to starting the
development process, recommended approval of a Special Review for the Wind River
childcare facility, and denial of the Wind River Development Plan. The Comprehensive
Plan Committee would meet every other Thursday at 3:00 p.m. to begin the rewrite
process, including the development of an RFP for a consultant.
Trustee Bangs stated the Transportation Advisory Board discussed shuttles which
reached 37,000 in July with the downtown route up 13%, discussed the lose of stops
outside town limits in 2019, and discussed wayfinding and the design of sign. She
reiterated Trustee Norris' comments on the need for the community to be safe this fall
as it relates to wildlife in the area.
Trustee Cenac commented the Audit Committee received a presentation of the draft
2017 CAFR performed by Anton Collins Mitchell LLP. The final 2017 CAFR would be
presented at the September 25, 2018 Board meeting to allow the auditors to update
information in a Beyond the Numbers report. She stated a date would be set to hold a
Trustee Talk similar to the Mayor's Chat held monthly to discuss issues with the
Trustees. The first Talk would be conducted by Trustees Cenac and Zornes.
Trustee Martchink thanked Finance for the new streamlined billing process and
providing a convenient and easy to read bill. The new process eliminates hours of staff
time spent processing monthly bills. He recognized the Mayor for changing the Mayor
Chats to be held at different times and locations and provide additional engagement
from the community.
TOWN ADMINISTRATOR REPORT.
None.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated August 14, 2018 and Town Board Study Session
Minutes dated August 14, 2018.
3. Estes Valley Planning Commission Minutes dated July 17, 2018 and Study
Session Minutes dated July 17, 2018 (acknowledgment only).
4. Parks Advisory Board Minutes dated May 17, 2018 and July 19, 2018
(acknowledgment only).
5. Transportation Advisory Board Minutes dated July 18, 2018 (acknowledgement
only).
It was moved and seconded (Zornes/Norris) to approve the Consent Agenda,
and it passed unanimously.
LIQUOR ITEMS:
1. TRANSFER OF A LODGING AND ENTERTAINMENT LIQUOR LICENSE
HELD BY C-ZAK INC DBA RODEWAY INN TO TRINITY HOSPITALITY LLC
DBA ROCKY MOUNTAIN HOTEL AND CONFERENCE CENTER, 1701 N.
LAKE AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson reviewed
the transfer application for the liquor license to the applicant and stated all
paperwork and fees had been submitted. A temporary liquor license was issued
on August 20, 2018 to allow the applicant to continue operations during the
transfer process. It was moved and seconded (Cenac/Zornes) to approve the
transfer of a Lodging and Entertainment Liquor License held by C-Zak Inc.
dba Rodeway Inn to Trinity Hospitality LLC dba Rocky Mountain Hotel and
Conference Center, 1701 N. Lake Avenue, Estes Park, CO 80517 and it
passed unanimously.
Board of Trustees — August 28, 2018 — Page 3
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #13-18 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE ALLOWING SPECIAL REVIEW FOR CULTURAL
INSTITUTIONS IN RESIDENTIAL ZONING DISTRICTS INCLUDING
REVIEW STANDARDS AND ADD A DEFINITION FOR "MUSEUM". Mayor
Jirsa opened the public hearing. Planner Hathaway presented the proposed
Development Code amendment to provide a Special Review Use (S2) for
Cultural Institutions in residential zoning districts subject to specific use
standards. The amendments would provide a mechanism to preserve
historically significant properties within the valley located in residential areas.
The Special Review Use provision would ensure the abilty to conduct public
outreach and comment, place conditions on a proposed institution to ensure
minimal impact to surrounding homes, and while promoting conservation
efforts for Estes Park's most historical sites. Attorney White read Ordinance
#13-18 into the record. Mayor Jirsa closed the public hearing. It was
moved and seconded (Norris/Martchink) to approve Ordinance 13-18
with Exhibit A and Exhibit B, amending the Estes Valley Development
Code, finding that the amendment is in accord with the Comprehensive
Plan and with Section §3.3 of the Development Code, and it passed
unanimously.
B. SPECIAL USE REVIEW (S2), 415 W. WONDERVIEW AVENUE HISTORIC
STANLEY HOME FOUNDATION/APPLICANT. Mayor Jirsa opened the
public hearing. Planner Hathaway presented a Special Review proposal for a
historic house museum operation for the F.O. Stanley home zoned E-1 —
Estate Residential. The Historic Stanley Home Foundation, a Colorado non-
profit corporation, seeks to acquire the F.O. Stanley home to preserve and
operate the home as a historic house museum for local history education
with guided tours and a gift shop. She outlined 13 conditions of review that
would be applied to the Special Review Use if applied, including maximum
size of the tours, operational hours, special event limitations, use of the
property for private facility events including weddings, conservation
easements, additional landscaping, fence maintenance, on -site food
preparation not permitted, eastern driveway to be removed, shuttle service
from May through October, onsite parking limited to 8 parking spaces for
ADA parking and employee parking, dark sky compliant lights, and an annual
report to the Planning Commission. Approval of the Special Review Use
would not constitute a change in the base zoning and would only grant the
specific use.
Steve Lane/Applicant representative stated the Special Review process
mitigates issues related to the use such as traffic which was addressed with
the use of a shuttle to reduce traffic by half the trips generated if the lot was
sold and subdivided into four lots. The application has agreed with the
operation of hours, dark sky, no new structures and only the preservation of
the current structures, placement of the rest of the property in a conservation
easement within one year of closing, revegetation and additional trees to
screen the property from the neighboring property with watering to be
conducted through hand watering rather than the installation of irrigation,
structure placed on the historic registration, and the eastern drive to be
removed with a portion to remain for fire district access. He stated the
Foundation understood a report would be presented after the first year of
operation and requested by the Planning Commission in future years.
Those speaking in favor of the application included Randy
Kampfe/Foundation member, Dave Landers/Town resident, Bill
Pinkham/Town resident, Lisa Fulton/County resident for Peggy Lynch/Town
resident, Bob Fulton/County resident, Kelley Anderson/Town resident, Kent
Smith/Town resident, David Batey/Foundation member and Kurds
Board of Trustees — August 28, 2018 — Page 4
Kelly/Town resident. The requested use would allow the Foundation to
acquire the property and preserve the home, concerns regarding the use of
the home have been mitigated by the applicant and the Planning
Commission, and stated the history, including the negative, of the life of F.O.
Stanley should be included within the museum.
Ross Maxwell/Town citizen stated as a neighbor sharing a common border
requested irrigation be required. He would request the staff and applicant
discuss the full removal of the eastern driveway and provide a turn around
for the fire district on the western side of the home. The conservation
easement should be started within the a year after closing on the property.
Connie Phipps/Town citizen stated the neighbors have requested a very
controlled operation and want assurance the use would not be expanded
beyond the use as a museum. The application would set a precedent for
other homes in residential zoning districts. She stated the importance in not
allowing commerical uses other than a museum.
John Meissner/Town citizen stated the NAACP Colorado Montana Wyoming
State Conference opposes the transformation of the F.O. Stanley Home into
a museum without providing the proper historical context regarding Stanley's
involvement in racially -restrictive covenants on his property.
Steve Lane/Applicant representative stated alternative fire access was not
reviewed with the Fire District. The eastern drive would provide access to
the shuttle as well and eliminates the need for the shuttles to back out. The
museum would include a gift shop, no food preparation onsite and no food or
beverage allowed within the home.
Mayor Jirsa closed the public hearing. It was moved and seconded
(Norris/Bangs) to approve the request for a S2 Special Review for a
museum (Stanley Historic Home) to operate in the E-1 (Estate)
residential zoning district, including findings and conditions as
recommended by staff, and a substitute motion was presented.
It was moved and seconded (Martchink/Norris) to approve the request for a S2
Special Review for a museum (Stanley Historic Home) to operate in the E-1
(Estate) residential zoning district, including findings and conditions as
recommended by staff with an amendment to condition #5 requiring the
conservation easement be initiated within one year of closing by the Historic
Stanley Home Foundation and amendment to condition #13 requiring the
initial annual review and subsequent reviews at the request of the Estes
Valley Planning Commission, and it passed unanimously.
C. VARIANCE TO SIGN CODE, RIDGELINE HOTEL, 101 S. ST. VRAIN AVE.,
DNC PARKS, INC/OWNER. Code Compliance Officer Hardin reviewed a
request by the applicant for a second freestanding sign on the east frontage
of the lot to provide increased visibility to traffic looking for the hotel
entrance. It was moved and seconded (Cenac/Martchink) to approve the
application of DNC Parks and Resorts for a variance to the sign code,
allowing the installation of a second freestanding sign, finding that it
meets all other requirements of the Estes Park Municipal Code, and
including a condition that no freestanding sign for the subject property
shall be allowed on or adjacent to the Stanley Avenue frontage, and the
motion passed unanimously.
ACTION ITEMS:
1. RESOLUTION #18-18 SUPPLEMENTAL BUDGET APPROPRIATION. Mayor
Jirsa opened the public hearing. Director Hudson presented an amendment to
the budget for use of Police Department forfeiture funding and additional grant
funding for the Moraine Avenue Bridge project. As there were no comments,
Board of Trustees — August 28, 2018 — Page 5
Mayor Jirsa closed the public hearing. It was moved and seconded
(Martchink/Cenac) to approve Resolution #18-18, and it passed unanimously.
Mayor Jirsa called a 10-minute break at 8:47 p.m. and reconvened the meeting at 9:00
p.m.
REPORTS AND DISCUSSION ITEMS:
1. DEVELOPMENT PLAN 2018-04 ESTES MOUNTAIN COASTER. Attorney
White provided a review of the application for an unincorporated Larimer County
project filed on April 18, 2018. Staff determined the application could be a staff
level review based on the regulations outlined in the Estes Valley Development
Code because there were less than 20 parking spaces. Staff determined the
Mountain Coaster use would be classified as a Recreation Facility, per Section
13.2 of the EVDC under "Parks and Recreation Facilities." This would permit the
coaster as a use -by -right in the RE-1 Zoning District per Section 4.3, Table 4-1 of
the EVDC. The application was approved by staff on August 6, 2018. He stated
the approval could be appealed by a party of interest based on the use
classification to the County Commissioners and/or an appeal of the Development
Plan to the Estes Valley Planning Commission. He confirmed the Town of Estes
Park Board of Trustees has no jurisdiction within the unincorporated Larimer
County.
Those speaking in opposition to the Development Plan included Mark
Richards/County resident, Judy Nystrom/Town resident, Suzanne Miller/County
resident, Graham Russell/Town resident, Virginia Kent/Town resident, Scott
Schneider/County resident, Alan Miller/County resident, Barbara Bailey/County
resident, Steve Fuhrman/Town resident, Michelle Hiland/Town resident, James
Swaney/County resident, Jan Alderman/Town resident, Nancy Hills/Town
resident, Dennis Sohocki/Town resident, Dena Sochoki/Town resident, and Art
Messal/Town resident. The comments included concern with the approval of a
commercial enterprise in a residential zoning district, the Trustees are
responsible for the decisions made by Town staff, establishment of a dangerous
precedent, a policy decision was made in error and should be corrected by the
Town Board, requested non-commercial be restored to the definition of parks and
recreation, close the loop hole which would allow the parking lot to be expanded
after a development plan has been approved, and requested an independent
review of the Development Plan.
Board comments were heard and summarized: Trustee Zornes stated
disagreement with staffs decision; there have been many opportunities for the
community to provide public comments; and does not agree the Town Board has
shirked its responsibility on the matter. Trustee Norris commented the County
Commissioners would hear an appeal and have agreed to do so in the Town
Board room; the Board has an obligation to listen and help the community
understand the process; the project was approved with a less restrictive review of
the Development Code; and concerned the community has lost confidence with
the Board as the new Comprehensive Plan begins to be developed. Mayor Jirsa
apologized to staff for not addressing unwarranted attacks. Trustee Bangs
stated Town staff are qualified to make the review and decisions on development
applications; and reminded the community has the opportunity to appeal the
process. Trustee Cenac commented the appeal process would provide the best
decisions for the valley and was used by her brother in a recent appeal in which
he won; and the Town Board has no legal right as a Board and no jurisdiction
over the Development Plan in the unincorporated Larimer County. Trustee
Martchink stated the application has demonstrated the need for improvements for
the process to better serve the community both within the Town and the County.
Whereupon Mayor Jirsa adjourned the meeting at 10:00 p.m.
Board of Trustees — August 28, 2018 — Page 6
Todd Jirsa, Ma
CLO ZNJ,
Jakie Williamson, Town Clerk