HomeMy WebLinkAboutMINUTES Town Board 2017-06-13Town of Estes Park, Larimer County, Colorado, June 13, 2017
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 13th day of June, 2017.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Frank Lancaster, Town Administrator
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.
Assistant Town Administrator Machalek requested the addition of the shuttle services
contract with McDonald Transit to the action item agenda. It was moved and
seconded (Walker/Koenig) to amend the Agenda to add the 2017 Shuttle Services
Contract with McDonald Transit Associates Inc. to the Action Item agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Barbara MacAlpine/Town citizen requested the Town Board discuss and consider
joining the bipartisan US Climate Alliance of states and cities that support the
International Paris Agreement.
Tom Street/County citizen commented the Town and Platte River Power Authority
should set specific percentage targets and dates regarding the amount of electricity to
be powered by renewable energy.
Pat Newsom/Town citizen stated Historic the Stanley Home Foundation would purchase
the Stanley home at 415 Wonderview in 2018 to develop the home into a cultural center
for local history educations. She further stated the property and surrounding properties
in the area are zoned E or E-1 Estate, which would not permit this type of commercial
venture.
Charley Dickey/Visit Estes Park (VEP) Board member read portions of a letter he
entered into the record regarding the shortcomings of the tax -payer funded
organization. He commented issues include by are not limited to lost or unavailable
audio recordings from meetings, bylaws and IGAs ignored, public input stifled,
relationship with the paper compromised, transparency of the organization, and board
minutes have been edited. The VEP Board and staff consists of three Estes Area
Lodging Association (EALA) members and the husband of an EALA Board member. He
encouraged the Town Board and Larimer County Commissioners to invoke their right
under state statue to remove members or the board for neglect or misconduct.
Lindsay Lamson/Visit Estes Park Board member stated VEP has been an outstanding
success. The Board and staff of VEP are committed to the Mission of fair and honest
activities to promote the community and improve the economic vitality of Estes Park.
TOWN BOARD COMMENTS
Board of Trustees — June 13, 2017 — Page 2
Trustee Holcomb stated the Transportation Advisory Board has begun their outreach
plan to gain public input on a parking survey.
Trustee Walker reminded the community the Rooftop Rodeo would begin in three
weeks.
Trustee Norris stated the Estes Valley Planning Commission would meet June 20,
2017. The first meeting of the Family Advisory Board was held on June 1, 2017.
Trustee Martchink informed the public the Parks Advisory Board has moved their
meetings to the third Thursday of the month at the Event Center.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 23, 2017 and Town Board Study Session
dated May 23, 2017.
2. Bills.
3. Committee Minutes — None.
4. Estes Valley Board of Adjustment Minutes dated April 11, 2017
(acknowledgement only).
5. Board of Appeals Minutes dated April 13, 2017 (acknowledgement only).
6. Resolution #18-17 Setting the Public Hearing date of June 27, 2017 for a
Change in Location of a Tavern Liquor License filed by Park Theater Mall LLC
dba Historic Park Theater & Cafe, from 130-132 Moraine Avenue, Estes Park,
CO 80517 to 116 E. Elkhorn Avenue, Estes Park, CO 80517.
It was moved and seconded (Holcomb/Walker) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS.
1. NEW HOTEL & RESTAURANT LIQUOR LICENSE FILED BY MISE EN
PLACE CONSULTING LLC DBA SEASONED -AN AMERICAN BISTRO, 205
PARK LANE, ESTES PARK, CO. Mayor Jirsa opened the public hearing.
Town Clerk Williamson reviewed the application for the new Hotel and
Restaurant liquor license, stating all paperwork and fees have been submitted.
Robert and Joanne Corey/owners have completed TIPS training. The Mayor
closed the public hearing. It was moved and seconded (Walker/Norris) to
approve the Hotel & Restaurant Liquor License Application for Mise En
Place Consulting LLC dba Seasoned - An American Bistro, 205 Park Lane,
and it passed unanimously.
2. CHANGE IN LOCATION OF A TAVERN LIQUOR LICENSE FILED BY THE
BARREL LLC DBA THE BARREL, 251 MORAINE AVENUE, ESTES PARK,
CO. Mayor Jirsa opened the public hearing. Town Clerk Williamson reviewed
the application to change the location of the current tavern liquor license,
stating all paperwork and fees have been submitted. Ingrid Bush/Applicant
stated the tavern would move in an effort to develop a year-round facility with
the renovation of the current building and a covered rooftop patio within five
years. She stated the move was unexpected and happened quickly, therefore,
there has been no outreach with the neighboring properties. The business
would end live music by 8:30 pm and would close no later than 11:00 pm.
Board of Trustees — June 13, 2017 — Page 3
Those speaking in opposition of the change of location included Larry
Emsing/Town citizen, Jennifer Wood/Town citizen, and Mike Limley/Town
citizen. Comments included concerns with the type of business that would be
located adjacent to a residential neighborhood; there are a number of other
liquor establishments in the area already; concern with neighborhood kids
walking past the establishment; concerned with the noise from the bar and the
music; questioned the approval of the temporary use permit and location of the
stage; concerned with the trash and parking; and the lack of neighborhood
input on the process.
Those speaking in favor of the application included Charley Dickey/Town
citizen, Greg Rosener/Town citizen and Jon Nicholas/Town citizen. The
business has been a successful addition to the downtown and has been
respectful of the other surrounding businesses in the neighborhood. The
business has been family friendly. The Town has a noise ordinance to address
noise concerns, and is an existing problem for the neighboring residential
properties abutting the downtown district.
The Mayor closed the public hearing. After further discussion, it was moved
and seconded (Holcomb/Jirsa) to approve the Change of Location of the
Tavern liquor license filed by The Barrel LLC dba The Barrel to 251
Moraine Avenue, and it passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. FALL RIVER VILLAGE II; LOTS 1-7 AND OUTLOT A, FALL RIVER
VILLAGE AND LOT 5A OF THE AMENDED PLAT OF LOT 5, SUNNY
ACRES ADDITION; 511 W ELKHORN AVENUE; FALL RIVER VILLAGE,
LLC/OWNER. Mayor Jirsa opened the public hearing. Planner Gonzales
stated the applicant has requested approval for a Preliminary
Condominium Map, Preliminary Planned Unit Development, Final Planned
Unit Development, and Ordinance #16-17 Rezoning of Lot 5A of the
Amended Plat of Lot 5, Sunny Acres Addition, from RM-Residential Multi -
Family to CO -Commercial Outlying. The application entails rezoning the
eastern portion of the site from RM to CO in order to make it eligible to be
included as part of the current PUD established on the western portion of
the lot. An Amended Plat application is running concurrently with this
project that would combine the eastern portion of the site with the western
portion of the site resulting in one legal lot. The undeveloped section of the
site is proposed to be developed with three duplexes, two triplexes, and a
private community hall. Twelve new accommodations units are proposed
with the project. As a PUD development waivers and modifications to the
Development Code standards may be requested to improve the overall
development. The following waivers have been requested with this
development: increase to the floor area ratio from 25% to 30%, a decrease
of the minimum curve radii from 100-feet to 50-feet, increase in building
height for the community hall of eight feet, driveway grade of 12%, setback
waiver of ten feet, waiver to the loading area for the community hall, and
waiver to accessory building size. All waivers were reviewed by the Estes
Valley Planning Commission and recommended to the Town Board. The
community hall would be used by the property owners for activities such as
small weddings.
Paul Pewterbaugh/Property owner and developer stated the units would be
a resort with VRBO nightly rentals. He confirmed the intent of the
community hall would be for internal meeting space. Guests staying on the
property can utilize the trail to walk into town and take advantage of
restaurants, shops, etc. He stated the buildout would begin as soon as
Board of Trustees — June 13, 2017 — Page 4
possible and be ready for the 2018 season. He has reached out to the
neighbors to try and address concerns.
Vic Hanick/Town citizen commented the Mountain Gate Condominium
Association's concerns are in relation to the amplified noise the rooftop
area on the community hall may cause for the surrounding neighborhood.
Greg Rosener/Town citizen stated the project would be an excellent
addition to the Town and would revitalize the property. He recommended
approval of the project.
Steve Lane/Architect for the project stated the project would benefit the
community by developing a buffer between the residential and commercial
downtown areas and act as a transition zone.
Mayor Jirsa closed the public hearing. Attorney White read the ordinance
into the record. It was moved and seconded (Koenig/Holcomb) to
approve Ordinance #16-17 to rezone Lot 5A of the Amended Plat of
Lot 5, Sunny Acres Addition from RM Residential Multi -Family to CO
Commercial Outlying, and it passed unanimously.
It was moved and seconded (Koenig/Holcomb) to approve the Fall River
Village II Preliminary Condominium Map, the Fall River Village II
Preliminary PUD and the Fall River Village II Final PUD, and it passed
unanimously.
B. ESTES VALLEY COMMUNITY CENTER FEE WAIVER REQUEST. The
Estes Valley Recreation and Park District (EVRPD) was granted a fee
waiver of $87,784 in Community Development fees for planning review,
building permit and building plan review at the August 23, 2016 Town
Board meeting. EVRPD has requested an additional fee waiver for
applicable building permit/review fees associated with a supplemental
building permit to address a Level 1 Alteration for the project to rehabilitate
the exterior of the existing aquatic building with a total construction cost of
$935,000. The requested fee waiver would total $7,950 for the building
permit and review fees.
It was moved and seconded (Walker/Holcomb) to deny the Estes Valley
Recreation and Park District supplemental building permit and plan
review fee waiver request in the amount of $7,950, and it failed with
Mayor Jirsa, Trustees Martchink, Nelson and Norris voting "No".
It was moved and seconded (Martchink/Norris) to approve the Estes
Valley Recreation and Park District supplemental building permit and
plan review fee waiver request in the amount of $7,950, and it passed
with Mayor Pro Tem Koenig, Trustees Holcomb and Walker voting "No".
C. ORDINANCE #17-17 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE REGARDING MEASURING BUILDING HEIGHT,
MAXIMUM BUILDING HEIGHT IN THE RM (MULTI -FAMILY) ZONING
DISTRICT, BUILDING DESIGN IN THE RM (MULTI -FAMILY), SPECIAL
REVIEW CRITERIA, ONE SINGLE-FAMILY PRINCIPAL STRUCTURE
PER LOT, AND PARKS AND RECREATION FACILITIES. Mayor Jirsa
opened the public hearing. Director Hunt reviewed several proposed
amendments to the Estes Valley Development Code (EVDC). Exhibit A
would simplify the measurement of the height of a building and define it as
a vertical plumb line connecting the base plane and height plane. Exhibit
BA and BB address the maximum building height in RM Residential Multi -
Family zoning districts. Both amendments would set the height limit in RM
at 38 feet to allow for three-story buildings with the potential for variation in
roof style; require a true multi -unit building with three or more dwelling units
in a single structure; both remove the maximum allowable Floor Area Ratio
Board of Trustees — June 13, 2017 — Page 5
(FAR) which would prohibit three-story buildings; and the lot coverage
figure has been increased from a maximum of 50% to 65%. Exhibit BA,
supported by staff, would simply allow for a higher maximum building
height. Exhibit BB (incentive based alternative), supported by the Estes
Valley Planning Commission, would require workforce or income
qualification test for occupancy of the new units. The incentives would
restrict occupancy to households for whom at least one family member
would be employed within the Estes Park R-3 School District boundaries.
Exhibit C would address design standards for multi -family buildings. The
most significant design element would be the requirement of a third -story
stepback of ten feet for any side facing a public space. Exhibit D would
update the Special Review process in the EVDC and align it with the
Larimer County Special Review process that has been successfully
implemented. Exhibit E proposes text amendments that would clearly state
one structure would be allowed on a single-family lot. Exhibit F would
update the code to provide a clear definition of Park and Recreation
Facilities by removing the designation of commercial parks.
Board comments have been summarized: requested staff develop an
exception for A -frame homes as it relates to height calculations; Exhibit BB
would require 50% of the units to be workforce housing; questioned if the
height of a building could be 38 feet if the structure does not include
workforce housing; and the stepback requirement in Exhibit C would
reduce the size and quality of the third -floor unit and reduce the
functionality of the space.
Eric Blackhurst/Estes Park Housing Authority Chair requested the Board
review the proposed Exhibit BB revisions. As currently proposed, it would
limit the Housing Authority to only two-story development because of the
150 AMI requirement for the third -story. The Low Income Housing Tax
Credits and Colorado Division of Housing funding mechanisms require a
60% AMI or below. This would disqualify the Housing Authority from
building three-story units in the future. He encouraged the Board to
consider a two -prong approach to the incentives to allow other financing to
be considered in the future. He also encouraged the Board to eliminate
Exhibit C and the stepback provision.
Greg Rosener/Economic Development Corporation (EDC) Code
Amendment Subcommittee Chair commented the proposed changes to the
measurement of height would provide a clear mechanism in determining
height. He stated the removal of Floor Area Ratio (FAR) would assist in
the development of workforce housing. The EDC would support the
proposed changes to the Special Review and Exhibit BA to provide a wider
opportunity for development.
Lindsay Lamson/County citizen encouraged the Board to approve Exhibit
BA because it would provide a simpler approach, and to disapprove Exhibit
C. He stated a simpler code would encourage builders to develop
workforce housing.
Jon Nicholas/EDC stated the proposed changes are a top priority of the
EDC in improving the economic stability of the community. He commented
the RM zoning district accounts for approximately 1.5% of the total property
in the Estes valley.
Steve Lane/Architect commented the third -floor stepback should be
removed from the proposed Exhibit C.
Additional Board comments have been summarized: Trustee Norris would
support Exhibit BB with clarification on the proposed amendments to
address the Housing Authority's concerns; Mayor Pro Tem Koenig
supported BA because it does not exempt affordable and workforce
Board of Trustees — June 13, 2017 — Page 6
housing options, and the Board can incentive workforce housing in the
future; Trustee Nelson would support Exhibit BA to provide all types of
housing and not restrict the Development Code; Trustee Martchink would
support Exhibit BA; Trustee Holcomb would support BB to restrict the
height increase to affordable housing and not allow development of 38 feet
and eliminate views from all properties; Trustee Walker supported the
rewording of Exhibit BB to address the concerns raised and have it
presented at the next Town Board meeting for consideration; and Mayor
Jirsa supported a revised Exhibit BB.
Mayor Jirsa closed the public hearing. It was moved and seconded
(Koenig/Nelson) to approve Ordinance #17-17 to amend the Estes
Valley Development Code as stated in Exhibit A, BA, D, E and F, the
motion did not move forward because a substitute motion was proposed.
A substitute motion was moved and seconded (Holcomb/Norris) to
approve Ordinance #17-17 to amend the Estes Valley Development
Code as stated in Exhibit A, D, E and F, with a continuation of Exhibit
BB to the next Town Board meeting, and it passed with Mayor Pro Tem
Koenig and Trustee Nelson voting "No".
It was moved and seconded (Nelson/Holcomb) to continue the meeting past 10:00 pm
to complete the agenda items, and it passed unanimously.
4. ACTION ITEMS:
1. WAIVE RIGHT OF FIRST REFUSAL ON PRPA WINDY GAP WATER
RIGHTS. Attorney White stated Platte River Power Authority (PRPA) member
communities, Fort Collins, Loveland and Estes Park, assigned a total of 160
units from the Windy Gap Project to PRPA, 40 of which were Town owned.
The 1994 agreement stated the Town would have the first right of refusal in the
event PRPA would reuse, transfer, lease or sale any portion of the allotment.
PRPA has proposed the sale of 23 units of Windy Gap Water to various third
parties. The Town's first right of refusal would be for 25% of each of the
proposed sales. Based on population projections and Master Plan demand
forecasting, staff has stated the Town would not need additional Windy Gap
Water to fulfill its obligations to provide raw water. Additionally, the Town would
not be in the financial situation to exercise the Town's rights to purchase the
units.
Jason Frisbie/PRPA CEO stated the sale of Windy Gap water would pay for the
firming project and provide more water on an annual basis to PRPA to generate
electricity. Once the reservoir has been completed PRPA would not need to
purchase additional water to produce needed electricity.
It was moved and seconded (Koenig/Nelson) to waive the right of first
refusal for the 23 units of Windy Gap Water to be transferred by PRPA,
and it passed unanimously.
Mayor Jirsa called a 10 minute break at 10:10 pm and reconvened the meeting
at 10:20 pm.
2. ORDINANCE #18-17 AMENDMENT TO THE ESTES PARK MUNICIPAL
CODE TITLE 13 TO ADDRESS UTILITY DIRECTOR POWERS IN
ESTABLISHING POLICY. Mayor Jirsa opened the public hearing. Attorney
White stated the proposed amendments to the Municipal Code would allow the
Utilities Director the ability to promulgate administrative regulations for both the
Light and Power and Water departments. These changes would further allow
Light and Power to address legislation passed by the Colorado legislature
which allows installation of small wireless service infrastructure on Town owed
utility infrastructure. Mayor Jirsa closed the public hearing. Attorney White
Board of Trustees — June 13, 2017 — Page 7
read the Ordinance into the record. It was moved and seconded
(Norris/Holcomb) to approve Ordinance 18-17, and it passed unanimously.
3. RESOLUTION #17-17 SIDEWALK SALE DURING FARMERS MARKETS.
Director Hinkle stated a survey of downtown businesses was conducted to
determine interest in participating in sidewalk sales during the Farmer's Market.
The response yielded a positive result. The Resolution would allow outdoor
sales on Thursdays from June 15, 2017 through September 28, 2017 from 8:00
am to 1:00 pm. It was moved and seconded (Holcomb/Norris) to approve
Resolution 17-17, and it passed unanimously.
4. FAMILY ADVISORY BOARD (FAB) FOCUS AREA. Assistant Town
Administrator Machalek stated the FAB bylaws require the FAB to select no
more than three focus areas to work on each year, and must submit the focus
areas to the Town Board for approval. For 2017, the FAB unanimously
selected the following focus area: `To identify gaps in support services
available to families in the Estes Valley". The focus area would develop the
foundational work required before any other policies or recommendations can
be developed. It was moved and seconded (Martchink/Norris) to approve
the Family Advisory Board's recommended focus area for 2017, and it
passed unanimously.
5. REQUEST TO FILL VACANT POSITIONS ON THE FAMILY ADVISORY
BOARD (FAB). The FAB bylaws provide for a FAB to consist of no fewer than
10 and no more the 15 members. The Town Board appointed 12 members to
the FAB in April 2017. Since these appointments one member has resigned
because they no longer live within the district. The FAB unanimously voted to
request two positions be filled on the Board, bringing the total members to 13.
The additional members would provide different perspectives on the issues
facing families throughout the Estes Valley. It was moved and seconded
(Martchink/Norris) to approve the process to fill two vacant positions on
the Family Advisory Board and appoint Trustee Norris and Trustee
Martchink as the interview team, and it passed unanimously.
6. INVITATION FOR ESTES PARK TO JOIN MOUNTAIN PACT NATIONAL
MONUMENTS LETTER. The Town has received a request from the Mountain
Pact, a consortium of western mountain communities that serve as a shared
voice on federal policy related to climate, public lands, and outdoor recreation,
to sign a letter to the Department of Interior requesting the current National
Monument designation be maintained and protected with the current
boundaries._It was moved and seconded (Norris/Martchink) to approve the
Town join the Mountain Pact reconsideration of designation for National
Monuments in the west, and the motion failed with Mayor Jirsa, Trustees
Holcomb, Nelson and Walker voting "No".
7. 2017 SHUTTLE SERVICES CONTRACT WITH MCDONALD TRANSIT
ASSOCIATES, INC. Shuttle Coordinator Wells presented the 2017 contract for
shuttle services with McDonald Transit. The service contract would be a
continuation of the five-year contract between Rocky Mountain National Park
with McDonald Transit Associates, Inc. The hourly service rate for 2017 would
remain at the 2016 rate of $56.48 and include routine maintenance, shuttle
drivers, insurance and fuel costs up to $2.50 a gallon for the six full -service
routes. It was moved and seconded (Holcomb/Koenig) to approve the 2017
Shuttle Services Contract with McDonald Transit Associates, Inc., and it
passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 10:43 p.m.
Todd Jirsa, Mayor
Board of Trustees — June 13, 2017 — Page 8
Ja ""e Williamson, Town Clerk