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Home My WebLink AboutMINUTES Town Board 2018-08-14Town of Estes Park, Larimer County, Colorado, August 14, 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 14th day August, 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 Walker, Mayor Pro Tem 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/Zornes) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Alice Reuman/County citizen spoke on behalf of the League of Women Voters of Estes Park in regards to the significant need for affordable housing in the Estes valley. She thanked the board for their current and future work with affordable housing. Marsha Groome/Town citizen requested the sound ordinance in Estes Park regarding outdoor music venues be reduced to meet the state and county sound ordinances. She raised this issue due to the noise levels from The Barrel at 251 Moraine Avenue. The neighborhood has reached out to The Barrel multiple times, including a Restorative Justice mediation to reconcile the noise issue. New safety concerns have arisen due to traffic visibility around food trucks and delivery trucks. Melissa Shearer/Town citizen spoke in support of Marsha Groome's comments. Members of the public speaking against the development of a mountain coaster at 980 Dry Gulch Road included Lois Pepino/Town citizen, Stan Schaffer/County citizen, Scott Schneider/County citizen, Jan Gehlhausen/County citizen, Patty Freudenburg/County citizen, Bill Baird/County citizen, Gwenda Purdy/Town citizen, Diana Van Der Ploeg/County citizen, Dennis Sohocki/Town citizen, Alan Miller/County citizen, Dena Sohocki/Town citizen, Suzanne Miller/County citizen, Lynn Bopp/Town citizen, Jeremey Vetter/County citizen, and Johanna Darden/Town citizen. Concerns regarding the development included a business enterprise being allowed in the RE-1 zone (Rural Estate), potential conflicts of interest among staff and the Board, the lack of a public meeting for the development, potential effects on traffic, noise and wildlife in the neighborhood, and the interpretation of the Estes Valley Development Code (EVDC) by staff. Multiple requests were made for the Town Board to seek an independent review of the application from an outside entity and to intercede in the approval process of the development. Art Messal/Town citizen spoke regarding the Study Session review of the 2016 Housing Needs Assessment Report. He questioned the data of the assessment and stated the assessment does not substantiate its claims. Board of Trustees — August 14, 2018 — Page 2 TOWN BOARD COMMENTS Trustee Martchink commended the Estes Park Communication Center for becoming an Accredited Center of Excellence by the International Academies of Emergency Dispatch. Trustee Cenac participated in the interview process for the Estes Park Prosecutor which would be discussed during this meeting. Trustee Bangs thanked Jennifer McAtamney, Childcare Program Coordinator for the Town of Breckinridge for speaking about Breckinridge's childcare and housing efforts. Trustee Norris urged citizens, on behalf of Mayor Pro Tem Walker, to use caution in school zones with the start of school next week. He asked citizens to be aware of bears in town, and announced the Estes Valley Senior Resource Fair would be held August 21, 2018 at the Estes Valley Community Center. The Estes Valley Planning Commission would meet on August 21, 2018 and the Comprehensive Plan Advisory Team has begun meeting every two weeks. The Family Advisory Board provided recommendations to the Board at the Study Session, their next meeting would be September 6, 2018. Trustee Norris requested the Town Board discuss the Mountain Coaster development as at the August 28, 2018 meeting. Board discussion followed and has been summarized: questioned jurisdictional issues of discussing county developments, the future precedent that could result in discussing county issues, the public interest of the proposed development, and confusion of the Towns role related to the development. It was moved and seconded (Norris/Zornes) to approve discussion of the Mountain Coaster development at the or the August 28, 2018 Board meeting, and it passed with Mayor Jirsa and Trustee Cenac voting "No". TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated July 24, 2018. 3. Board of Adjustment Minutes dated July 3, 2018 (acknowledgement only). 4. Family Advisory Board Minutes dated July 5, 2018 (acknowledgement only). 5. Three-year Holiday Lighting & Exhibits Contract with Adam's Tree Services, First Season (2018-2019) $102,500, Budgeted Annually. 6. Reappointment of Frank Lancaster to the CML Policy Committee. 7. Acceptance of State Grant for Birch Ruins Preservation & Interpretation. It was moved and seconded (Cenac/Norris) to approve the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP #4, LOT 1 EPCO SUBDIVISION, 220 VIRGINIA DRIVE, UNIT 19, JAMES DAY/OWNER. It was moved and seconded (Norris/Bangs) to approve the Planning Commission Consent Agenda, and it passed unanimously. Board of Trustees — August 14, 2018 — Page 3 2. ACTION ITEMS: A. RESOLUTION #17-18 TO REAFFIRM MAXIMUM TOTAL ("CAP") NUMBER OF VACATION HOMES IN RESIDENTIAL ZONING DISTRICTS. Code Compliance Officer Hardin presented the Resolution to review and determine if the vacation home cap outlined in the Estes Valley Development Code (EVDC) should be adjusted. With the limited data, staff recommended the cap remain at 588 and be reviewed in a year, per the EVDC, when more information regarding the cap could be examined. Trustee Cenac questioned the effect VHRs have had on long term rentals and the initial reasons for innacting the cap. Code Compliance Officer Hardin stated data on long term rentals has not been determined and the cap was placed to diminish the effect VHRs have on residential neighborhoods. Tony Schetzsle/Town citizen stated it would be premature to increass the cap without more data. Joanna Darden/Town citizen spoke in support of Tony Schetzsle's comments and stated VHRs compete with workforce housing. She suggested the cap be decreased as current VHRs stop operating. Mary Murphey/County citizen requested the Board consider how the cap affects the housing market, multiple buyers have forgone purchasing in Estes Park as a result of the cap. It was moved and seconded (Norris/Zornes) to approve Resolution #17- 18 to reaffirm the cap in residential zones, and the motion passed unanimously. 3. ACTION ITEMS: 1. MUNICIPAL PROSECUTOR APPOINTMENT. Mayor Jirsa presented the Municipal Prosecutor appointment. Due to the recent appointment of Judge Thrower in April 2018, Municipal Court has undergone multiple changes aimed at updating procedures including the appointment of a Municipal Prosecutor. The Town issued an RFP and three applicants were invited to interview with one applicant declining. The interview team recommended the appointment of Avi Rocklin to a term expiring April 28, 2020. Trustee Martchink questioned if a backup prosecutor was considered. Mayor Jirsa replied it was considered and determined to be unnecessary. Attorney White stated the appointment of a Prosecutor would increase the professionalism of Municipal Court. It was moved and seconded (Jirsa/Cenac) to approve the selection of Avi Rocklin as the Municipal Court Prosecutor with a term expiring April 28, 2020, and the motion passed unanimously. 4. REPORTS AND DISCUSSION ITEMS: 1. STORMWATER MANAGEMENT PROJECT UPDATE. Manager Hook provided an update on staff efforts to contract for GIS measurements of impervious areas on all improved parcels within the EVDC boundary, subject to a potential stormwater utility fee. Larimer County Engineering staff and Town staff reviewed eight proposals and selected Digital Data Services to complete the GIS services. A notice to proceed would be issued August 15, 2018 with work anticipated to be completed in late September 2018. Staff plans to refine the impervious area database, mail letters to owners of the approximate 7300 parcels to inform them of the Stormwater Management Project in November 2018, and conduct additional community outreach. Manager Hook proposed an update be provided to the Board and County Commissioners following completion of the GIS measurements. Further discussion with both elected boards would follow the completion of the community outreach efforts in Board of Trustees — August 14, 2018 — Page 4 December 2018. Mayor Jirsa asked if the previous survey responses would continue to be considered with future surveys. Manager Hook confirmed all responses would be considered. Joe Holtzman/Town citizen suggested the Town review a study produced by the Town and the Army Corp of Engineers on flood mitigation and non- structural mitigation. He stated the Stormwater Management Project would not be effective. John Meissner/Town citizen questioned if a range of imperviousness would impact the utility fees for individual parcels. Manager Hook responded fees would be calculated based on the percentage of impervious area on a parcel. Whereupon Mayor Jirsa adjourned the meeting at 8: Todd Jirsa, Mayo, "Kimberly D'Asny, Recording Secretary