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HomeMy WebLinkAboutMINUTES Town Board 2018-07-24Town of Estes Park, Larimer County, Colorado, July 24, 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 24th day July, 2018. Present: Todd Jirsa, Mayor Cody Rex Walker, Mayor Pro Tem Trustees Marie Cenac, Patrick Martchink Ken Zornes Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Bunny Victoria Beers, Recording Secretary Absent: Carlie Bangs, Trustee Ron Norris, Trustee 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. Attorney White requested the addition of Action Item 3 to Retain a Litigation Attorney for the Osmun Lawsuit. It was moved and seconded (Zornes/Walker) to approve the Agenda with the addition of Action Item 3, and it passed unanimously. PUBLIC COMMENTS. Richard Mulhern/Town citizen stated his appreciation to the Board for conducting the 2018 Citizen Survey. Zach Fitzgerald owner of Mountain High Vape Co., stated the business was cited for sale to a minor. He stressed the importance of requesting identification prior to sales and intends to continue to provide TIPS training to his staff members. Karen Monks Executive Director of the Estes Valley Watershed Coalition (EVWC) requested approval of the revisions to Policy 671 including the addition of the EVWC to the list of entities eligible to obtain funding under Base Grants. TOWN BOARD COMMENTS Trustee Zornes attended the Regional Wasteshed Policy Advisory Committee quarterly meeting to discuss the construction of a new landfill in Larimer County. The current landfill is expected to be at capacity in 2025. More information would be available at the next quarterly meeting. The Larimer County Open Lands Advisory Board meeting would be held on July 26, 2018. The Visit Estes Park Board meeting would be held on July 25, 2018 and the Destination Marketing meeting would be held on July 27, 2018. Mayor Pro Tem Walker voiced concern over the lifting of the fire ban and encouraged the public to exercise caution due to dry conditions. TOWN ADMINISTRATOR REPORT. Town Administrator Lancaster provided a Board Policy Governance quarterly report on Policy 3.3 Financial Condition and Budgeting, Policy 3.12 General Town Administrator — Internal Operating Procedures, and Policy 3.13 Town Organizational Plan. He reported compliance with all areas with the exception of 3.3.5 due to grant funding which was not received in time to report with fiscal year revenues for 2017 making the reporting fund Board of Trustees — July 24, 2018 — Page 2 balance 15%. The projected year end General compliance with Board policy. A discussion on Broadband financing would be study session meeting. CONSENT AGENDA: 1. Bills. Fund balance scheduled for would be 21% and is in the September 11, 2018 2. Town Board Minutes dated July 10, 2018, and Town Board Study Session Minutes dated June 8, 2018 and July 10, 2018. 3. Estes Valley Planning Commission Minutes dated June 19, 2018 and Study Session Minutes dated June 19, 2018 (acknowledgement only). 4. Transportation Advisory Board Minutes dated June 20, 2018 (acknowledgement only). 7. Acceptance of Town Administrator Policy Governance Monitoring Reports. It was moved and seconded (Cenac/Martchink) to approve the Consent Agenda, and it passed unanimously. PLANNING COMMISSION ITEMS: 1. ACTION ITEMS: A. AMENDED PLAT, 700 N ST. VRAIN AVENUE, LOTS 1 AND 2 OF LITTLE PROSPECT MOUNTAIN ADDITION, CHUNG/OWNER. Applicants Representative requested the item be removed from the agenda and reviewed at a future Town Board meeting. No action was taken. ACTION ITEMS: 1. FEE WAIVER REQUEST, 444 STANLEY AVENUE DEVELOPMENT PLAN, DAN SMITH/OWNER. Planner Hathaway presented the Board with a fee waiver request of $1,250.00 associated with the review of a Development Plan for a workforce housing project. The request meets the requirements of the policy and would waive the development plan fee for four new units. It was moved and seconded (Walker/Martchink) to approve the fee waiver request for 444 Stanley Avenue development plan amount not to exceed $1,250.00, and the motion passed unanimously. 2. REVISED POLICY 671 — TOWN FUNDING OF OUTSIDE ENTITIES. Policy 671 was adopted in 2017 to allocate funding for outside entities. Assistant Town Administrator Machalek reviewed proposed changes which included clarifying reporting requirements to ensure the required annual reports are more readily usable by the Town; making base -funding organizations ineligible for Community Initative funding and elimiating the in -kind request option for Community Initiative Funding and Event Sponsorship funding. The Estes Valley Watershed Coalition (EVWC) requested to be added to the list of entities eligible for Base Funding. Staff stated this is a one time acceptance to the application deadline to allow EVWC to receive funding in 2018. The amounts would be brought back to the Board during the budget process for review in October and approval late November or early December. Frank Theiss/EVWC Treasurer stated the organization would be an asset during the development of the Stormwater Master Plan and has completed 14 projects at $4.5 million dollars in improvements in the Estes Valley. Board of Trustees — July 24, 2018 — Page 3 It was moved and seconded (Walker/Zornes) to approve revisions to Policy 671 — Town Funding of Outside Entities adding the EVWC as eligibility number nine, and the motion passed unanimously. 3. REQUEST TO RETAIN A LITIGATION ATTORNEY FOR THE OSMUN INC., LAWSUIT. Attorney White stated Osman Inc., was contracted by the Town for flood related projects in 2014. In 2015, the Town terminated the agreement for breach of contract. In December 2017, Osman filed a lawsuit against the Town for approximately $450,000 for failure to pay for work done. The Town counter claimed a net figure of $283,000 taking into consideration unpaid monies to Osman Inc., damage occurred and the loss of approximately $268,000 in federal reimbursements due to actions by Osman Inc. He stated unsuccessful negotiations and a potential trial has led to the request to retain litigation attorney Tracey Oldemeyer at a rate of $255/hour. It was moved and seconded (Martchink/Cenac) to approve Attorney White's request to retain Litigation Attorney Tracy Oldemeyer for the Osmun Inc., lawsuit, and the motion passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. UPDATE ON DRY GULCH WORKFORCE HOUSING PROJECT. The Town selected NV5 for Owner's Representative services to manage Dry Gulch and Fish Hatchery Workforce Housing projects. America West/Prairie Fire Development Group were contracted to explore both workforce housing projects. A Housing Advisory Committee was formed to provide insight and to ensure the projects addressed the housing needs in the Estes Valley. NV5 has requested direction from the Board following input from the Housing Needs Assessment review at the August 14, 2018 study session. Town Administrator Lancaster stated the Dry Gulch property was improperly marked as open space on Town maps for a considerable period of time. The development code does not have an open space zoning district and was a labeling error. Staff requested direction from the Board regarding the rezoning from E — Estate to RM - Residential Multi -Family considering the incorrect labeling of the Dry Gulch property on Town maps. Board comments were heard and have been summarized: Board members stated concern for owners who purchased property with the incorrect zoning information; the importance of the housing needs assessment and policy; the value of the property zoned as E - Estate; the level of interest in the property remaining as it is correctly zoned, as open space or selling the land for workforce housing and the potential need for a conservation easement if the land remains open space. Staff would provide the Estes Valley Development Zoning Map and a broker opinion of value report for the Dry Gulch property at the August 14, 2018 study session meeting. 2. STORMWATER MANAGEMENT PROJECT UPDATE. Manager Hook updated the Board on the public outreach conducted for the Stormwater Management Project. Staff conducted an online Stormwater Utility survey which closed on July 17, 2018 and retumed 221 responses. He stated in order to provide adequate and sufficient feedback to the Board and the County Commissioners staff recommends the following: refining the database with more accurately calculated fees; mailing letters to owners of each of the 7,280 improved parcels within the Estes Valley Development Code boundary which would inform them of an accurately calculated fee; and releasing a second online survey to gather additional feedback from the public with the questions from the previous survey and additional questions expanded or modified. Raw data from the survey was included in the summary of comments provided by respondents. Staff stated Board of Trustees — July 24, 2018 — Page 4 the public showed more interest in the amount of fees than the plan. In order to calculate a more accurate stormwater fee, a measurement of impervious area on over 2,300 parcels could be estimated at an approximate cost of $60,000 which could be shared with Larimer County. Board discussion ensued and has been summarized: cost sharing with county; evaluating flood risk and constructing infrastructure to mitigate flood risk; whether the feedback received would be considered with the new survey collection; questioned if reaching more people would change the results of the survey; how staff intends to adjust for inflation; costs associated with re -sending the survey and the importance of providing accurate fees to customers when producing letters. Staff would provide the Board information on costs of sending the survey and analysis per property at the August 14, 2018 regular meeting. Whereupon Mayor Jirsa adjourned the meeting at 8:20 p.m. Todd Jirsa, May