HomeMy WebLinkAboutMINUTES Town Board 2017-03-28Town of Estes Park, Larimer County, Colorado, March 28, 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 28th day of March, 2017.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Trustee Cody Rex Walker
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.
It was moved and seconded (Norris/Holcomb) to approve the Agenda as presented,
and it passed unanimously.
PUBLIC COMMENTS.
Steve Kaplan/Town citizen stated the Mayor proclaimed April 22, 2017 as Earth Day and
Estes Recycles Day. He encouraged the community to get involved and donate items
they no longer need and shop for items they may need.
TRUSTEE COMMENTS.
Trustee Nelson commented the Larimer County Open Lands Advisory Board reviewed
property acquisitions around the Horsetooth area, negotiation of an IGA with Loveland
and Fort Collins for the construction of the Front Range and Long View trails, genetically
pure bison herd continues to grow, the third and final phase of Lions Open Space
restoration nearing completion, and other restoration projects ongoing.
Mayor Pro Tem Koenig stated the Sister Cities Organization would encourage those
interested in getting involved to contact Christine Hall directly.
Mayor Jirsa thanked Administrator Lancaster for arranging the presentation of the
Centennial Resolution at the State House. He stated the Town Board would review the
Town's Policy Governance policies and requested the Board provide some direction on
which policies to review first.
Trustee Norris reminded the public the bears are beginning to awaken and to be mindful
of food and trash. Citizens have questioned if the new parking garage would have
charging stations. The garage would be built with the infrastructure to install charging
station in the future when funding becomes available. The Town received 18 applications
for the Family Advisory Board. Interviews would be held and recommendations presented
to the Town Board in April. The Planning Commission continues to work on the
Comprehensive Plan with guidance from the two elected bodies, and reviewing a height
increase within the valley.
Trustee Martchink stated the utility box art would be presented to the Town Board for final
approval with a recommendation from the Parks Advisory Board.
Board of Trustees — March 28, 2017 — Page 2
TOWN ADMINISTRATOR REPORT.
Director Hunt introduced the new Planner I Robin Becker. The Board welcomed her to
the team.
Administrator Lancaster stated the Postmaster has indicated the Post Office continues to
investigate locations for a new building, however, plans to move out of the downtown area
are not imminent. The Post Office would be interested in discussing an option to build a
new building with a private investor and entering into a long term lease.
Policy Governance Quarterly Report: Reported overall compliance with Policies 3.1
through 3.11 with two exceptions to 3.2.4 and 3.10.4 where he reported partial
compliance.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 14, 2017 and Town Board Study Session
dated March 14, 2017 and Town Board Workshop dated March 7, 2017.
2. Bills.
3. Transportation Advisory Board Minutes dated February 15, 2017
(acknowledgement only).
4. Parks Advisory Board Minutes dated February 17, 2017 (acknowledgement
only).
5. Estes Valley Planning Commission Minutes dated February 21, 2017
(acknowledgement only).
6. Estes Valley Board of Adjustment Minutes dated February 7, 2017
(acknowledgement only).
7. Mountain Meadow Annexation Agreement Amendment — Continued to the April
11, 2017 Town Board meeting.
8. Resolution #10-17 Setting the Public Hearing date of April 25, 2017 for a New
Beer and Wine Liquor License filed by Elk Meadow RV Essential Group LLC
dba Elk Meadows Lodge & RV Resort, 1665 Highway 66, Estes Park, CO
80517
9. Approval of Policy Governance Report.
It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS:
1. UPDATE LIQUOR LICENSE VIOLATION FOLLOW-UP FOR BOWL FORT
COLLINS LLC DBA CHIPPERS LANES ESTES PARK CENTER. Brian
Smith/Senior Operations Manager provided a review of the operational changes
that have occurred, including retraining of the entire staff, ID training, how to stop
over serving, and the use of the Bars program to conduct random compliance
checks. The staff has passed each of the checks conducted to date. Chippers
continues to search for a new General Manager with Mr. Smith being present
five to six days a week until a new manager has been established. Matt
Hoeven/Owner stated the organization has six liquor licenses in Colorado and
have not had any other compliance issues. Their intent continues to be to create
a safe environment for families.
2. NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR BIRD
& JIM LLC DBA BIRD & JIM, 915 MORAINE AVENUE, ESTES PARK, CO
80517. Mayor Jirsa opened the public hearing. Town Clerk Williamson reviewed
Board of Trustees — March 28, 2017 — Page 3
the application for the new Hotel and Restaurant liquor license, stating all
paperwork and fees have been submitted. The location was previously licensed
as the Sundeck Restaurant which closed November 2016. Melissa Strong and
Jimmy Kuch/owners would schedule TIPS training after they have hired staff.
The Mayor closed the public hearing. It was moved and seconded
(Koenig/Norris) to approve the Hotel & Restaurant Liquor License
Application for Bird & Jim, LLC, dba Bird & Jim, 915 Moraine Avenue, and
it passed unanimously.
3. NEW LODGING & ENTERTAINMENT LIQUOR LICENSE FILED BY LAZY B
CHUCKWAGON AND SHOW, LLC, DBA LAZY B, 600 W. ELKHORN
AVENUE, ESTES PARK, CO 80517. Mayor Jirsa opened the public meeting.
Town Clerk Williamson reviewed the application for the new Lodging and
Entertainment liquor license, stating all paperwork and fees have been
submitted. It was noted the Lazy B operated out of the Elk Meadow campground
in 2016 and has relocated to the Elkhorn Lodge for 2017. Mayor Jirsa closed the
public hearing. It was moved and seconded (Holcomb/Martchink) to approve
the Lodging & Entertainment Liquor License Application for Lazy B
Chuckwagon and Show, LLC, dba Lazy B, 600 W. Elkhorn Avenue, and it
passed unanimously.
4. TRANSFER OF A HOTEL & RESTAURANT LIQUOR LICENSE WITH
OPTIONAL PREMISE FOR ESTES VALLEY RECREATION & PARK
DISTRICT; SMOKIN DAVES, LLC DBA HANGER RESTAURANT AT THE
ESTES PARK GOLF COURSE, 1480 GOLF COURSE ROAD, ESTES PARK,
CO 80517. Town Clerk Williamson presented the application to transfer the
license because of the recent change in concessionaires at the golf course to
Smokin' Dave's, LLC. All required paperwork and fees were submitted and a
temporary was issued on March 15, 2017. TIPS training has not been confirmed
as of the date of the meeting, however, the applicant has another establishment
in Estes Park for which they completed TIPS training in the past. It was moved
and seconded (Holcomb/Norris) to approve the Transfer of Ownership from
Estes Valley Recreation & Park District; Tory & Bernice Nelson dba Hanger
Restaurant at the Estes Park Golf Course to Estes Valley Recreation & Park
District; Smokin' Dave's, LLC dba Hanger Restaurant at the Estes Park Golf
Course 1480 Golf Course Road, Hotel & Restaurant Liquor License with
Optional Premise, and it passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. RESOLUTION #11-17 & ORDINANCE #10-17 CLOUD NINE
SUBDIVISION ADDITION ANNEXATION. Mayor Jirsa opened the public
hearing. Planner Gonzales reviewed the application to annex the A-1
property of 3.13 acres that borders current town limits. A final plat has been
approved by the County Commissioners for a 4-lot single-family home
subdivision located off Fish Hatchery Road. As there was not public
comment, Mayor Jirsa closed the public hearing. Town Attorney White read
Ordinance #10-17. It was moved and seconded (Holcomb/Norris) the
application meets the review criteria and approved Resolution #11-17
and Ordinance #10-17 with no conditions, and it passed unanimously.
4. ACTION ITEMS:
1. ORDINANCE #09-17 PROPOSED TEXT AMENDMENTS TO ESTES VALLEY
DEVELOPMENT CODE: EVDC §5.1.B (VACATION HOMES). Mayor Jirsa
opened the public hearing. Director Hunt reviewed the changes from the last
meeting, including the removal of the deadline to register a residential vacation
home, allow the cap to regulate the deadline, remove the requirement that all
registered vacation homes have a Certificate of Occupancy issued by December
Board of Trustees — March 28, 2017 — Page 4
2016, place maximum parking requirement for vacation homes in residential
districts in this section of the code, vacation homes applications in non-residential
districts can be applied for after March 31, 2017 and are not subject to the cap,
provide additional guidance to the Planning Commission in criteria for making
determinations regarding 9 and over Vacation Homes in residential districts, and
reaffirmed the March 31, 2017 registration deadline for vacation homes that
would like to apply for 9 and over occupancy. The County Commissioners
approved the changes at their recent meeting.
Mary Murphy/County resident and realtor requested the Town make available an
update on the cap to assist homeowner and realtors with information on the
number of registrations available. Town Clerk Williamson stated the Clerk's
office would post weekly updates on the Town's website on the number of
available registrations. Mayor Jirsa closed the public hearing. Attorney White
read Ordinance #09-17. It was moved and seconded (Koenig/Holcomb) to
approve Ordinance #09-17 with an Emergency Clause, and it passed
unanimously.
2. ORDINANCE #08-17 PROPOSED TEXT AMENDMENTS TO ESTES VALLEY
DEVELOPMENT CODE: EDVC §4.3, §5.2, AND §13.3 (ACCESSORY
KITCHENS). Mayor Jirsa opened the public hearing. Director Hunt commented
the amendments to the accessory kitchens were revised to reflect the Town
Board's comments from the last meeting. Accessory kitchens would continue as
an accessory use in the residential zoning district. Staff recommended removal
of the interior access shall be maintained to all parts of the dwelling, no land use
affidavit needed, and the removal of the requirement for the dwelling unit shall
have only one address. Staff recommended the addition of the outdoor kitchen
use language to the code. Mayor Jirsa closed the public hearing. Attorney White
read Ordinance #08-17. It was moved and seconded (Holcomb/Nelson) to
approve Ordinance #08-17 including Exhibit A as recommended by staff,
and it passed with Trustee Martchink voting "No".
2. BOARD POLICY #107 TRUSTEE E-MAIL. Town Administrator Lancaster
reviewed the new policy that would post all Town Board emails for those Trustees
that chose to have their emails made public. Email sent from the Board's
constituents can remain private with the use of established key words such as
private. All emails from the Town Attorney would be attorney/client privileged
and would not be available through the website. The Town staff reserves the
right to remove an email for a number of reasons. Emails would still be available
for review through the open records policy even if they are marked private.
Board comments followed: Trustee Holcomb stated opposition to the policy due
to the citizen's rights to confidentiality when communicating with the Board. He
would however agree to posting his emails if the Board approves the policy based
on policy governance. Trustee Norris commented Trustee Holcomb's concerns
were valid; however, he stated he would participate and would recommend
review of the policy later in the year. Mayor Pro Tem Koenig stated she would
opt out of the policy due to the concerns citizen have demonstrated by delivering
her letter instead of sending emails now.
Art Messal/Town citizen commented he was originally opposed to the policy;
however, he stated an appreciation for the transparency the policy would bring
to issues.
It was moved and seconded (Nelson/Martchink) to approve Policy 107 —
Trustee E-mail, and it passed with Trustee Holcomb voting "No".
4. TRANSPORTATION ADVISORY BOARD APPOINTMENTS. Town Clerk
Williamson stated the Town advertised for the open position and received one
application from Belle Morris, the current Board member. It was recommended
to forgo the interview process and reappoint Belle Morris. It was moved and
seconded (Norris/Koenig) to approve the reappointment of Belle Morris for
Board of Trustees — March 28, 2017 — Page 5
an additional three-year term expiring on March 31, 2020, and it passed
unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:32 p.m.
Todd Jirsa, May
le Williamson, Town Clerk