HomeMy WebLinkAboutMINUTES Town Board 2017-12-12Town of Estes Park, Larimer County, Colorado, December 12, 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 12th day of December, 2017.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
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 (Walker/Holcomb) to approve the Agenda with the
continuation of Planning Commission Action Item 3.1.E to the January 23, 2018
Town Board meeting, and it passed unanimously.
PUBLIC COMMENTS.
Gordon MacAlpine/Town citizen and Tom Street/County citizen spoke to the Platte River
Power Authority (PRPA) net zero presentation at the study session. They commended
PRPA on the completion of the study; however, they encouraged them to continue to
evaluate the process and cost to move to net zero carbon by 2030 because the industry
continues to change rapidly, such as the advancements in battery technology. The
production costs are estimated to increase at this time by 30% by 2030, with an increase
of 5% to the average customer.
Susan Wolf/County citizen stated the Senior Citizen Inc. Board meet to discuss keeping
the current center open after the Community Center opens because some programming
such as Silver Sneakers would not be offered at the Community Center. The Senior
Center Inc. Board has requested the Town lease the current facility to them to operate.
Karen Cherman/Town citizen stated there has been no communication with the
neighborhood on the possible workforce housing development on the Town owned Fish
Hatchery property. She would advocate the Town involve the neighborhood in discussion
before the development of workforce housing.
Charley Dickey/Town citizen supports the airing of study session meetings to provide the
public with information on topics discussed by the Board. He questioned the adoption
process for the Downtown Plan. He stated there was a lack of public engagement in the
meetings held to develop the plan. He commented the Planning Commissioners did not
attend the public meetings and there was little input provided by the Commissioners. The
Downtown Plan should tie into the development of a new Comprehensive Plan.
TOWN BOARD COMMENTS
Trustee Norris informed the Board and citizens the Estes Valley Planning Commission
December 19, 2017 meeting was cancelled. The Family Advisory Board (FAB) completed
the community resource guide and proposed childcare as the 2018 focus area. The FAB
Board of Trustees — December 12, 2017 — Page 2
would utilize the childcare survey results to develop items for the Town Board's
consideration.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 28, 2017.
2. Bills.
3. Committee Minutes - None.
4. Estes Valley Board of Adjustment Minutes dated November 7, 2017
(acknowledgement only).
Family Advisory Board Minutes dated November 2, 2017 (acknowledgment
only).
Estes Park Board of Appeals Appointment.
a. Amy Plummer, replacing John Spooner, term expiring on December 31,
2019.
7. Parks Advisory Board Appointments.
a. Geoffrey Elliot, replacing Celine Lebeau, term expiring on December 31,
2019.
b. Wade Johnston, for a 3-year term expiring December 31, 2020.
c. Merle Moore, Reappointment, 3-year term expiring December 31, 2020.
8. Resolution #31-17 — Fair Housing. Request to continue to January 9, 2018.
9. Revisions to the Federal Transit Administration Title VI Plan.
10. Award Exclusive Negotiation Agreement with Americawest/Prairie Fire
Development for Fish Hatchery Workforce Housing Project. Manager
Landkamer.
11. Award Exclusive Negotiation Agreement with Americawest/Prairie Fire
Development Group for Dry Gulch Workforce Housing Project. Manager
Landkamer.
Mayor Jirsa removed Consent Agenda Items #10 and #11 for discussion. It was
moved and seconded (Norris/Holcomb) to approve the Consent Agenda Item 1-
9, and it passed unanimously.
Consent Item 10 - Award Exclusive Negotiation Agreement with
Americawest/Prairie Fire Development for Fish Hatchery Workforce Housing
Project.
Consent Item 11 - Award Exclusive Negotiation Agreement with
Americawest/Prairie Fire Development Group for Dry Gulch Workforce Housing
Project.
Manager Landkamer reviewed the process used to receive proposals from potential
developers to develop a workforce housing development on the Town owned Fish
Hatchery property. The Town received three (3) proposals which were evaluated by
a subcommittee utilizing a scoring matrix providing an assessment of the
team/experience, schedule, collaborative community effort, programming/design,
financing/operating strategy and other unique attributes. AmericaWest received the
highest score and it was unanimously agreed by the subcommittee to recommend the
Board of Trustees — December 12, 2017 — Page 3
company to the Town Board. The Exclusive Negotiation Agreement with
AmericaWest and Prairie Fire Development Group would be to create a Collaborative
Community Effort (CCE) process, with the intent to develop workforce housing for the
60 —150% of the Average Median Income (AMI). Keith Meyer/AmericaWest and Kelly
Hrabe stated the process would include a number of public meetings to develop a
proposal for the Town Board's consideration. Mr. Hrabe commented there are a
number of decisions that need to be addressed, including the type of housing to be
developed. The groups would utilize local contractors and suppliers to gain local input.
Trustee comments were summarized: Trustee Norris stated the development
proposal would go through the normal development process to receive approval prior
to development; Trustee Walker commented AmericaWest's proposal was the best
solution submitted; and Trustee Martchink voiced concern with the funding
mechanism for the project, questioned ownership of the property, would there be deed
restrictions, and would a large component be rentals.
Administrator Lancaster stated the income target market needs to be identified
because Low Income Housing Tax Credit (LIHTC) funding can only be used to
develop low income housing. The Town has a need for higher income housing at or
near 150 AMI, therefore, funding could be a challenge for the project.
Frank Theis/County citizen and C3 proposal member stated the large market driven
project would have significant impact to the community. He questioned if the
proposals could be made public to see the scope of the projects being discussed.
Art Messal/Town citizen commented no one knows about the project and a strategy
has not been developed. He stated the project should be stopped until a plan can be
developed.
It was moved and seconded (Walker/Holcomb) to approve Consent Agenda Item
#10, and it passed unanimously.
Trustee Walker recused himself as a neighbor to the property. It was moved and
seconded (Holcomb/Nelson) to approve Consent Agenda Item #11, and it passed
unanimously.
2. REPORTS & DISCUSSION ITEMS:
1. ESTES PARK HOUSING AUTHORITY. Executive Director Kurelja stated EPHA
recently purchased the Lone Tree apartments from the Loveland Housing
Authority. She stated the property was donated by the Town to the Loveland
Housing Authority who built the units in 1995. EPHA has managed the property
over the years. EPHA has added William Pinkham, Pete Smith and Julie Abel
to the Board. In 2016 a small four-plex was purchased on a large lot off of Hwy
7. The Authority plans to build 26 additional units on the site with a Development
Plan to be submitted in early 2018. The development would be workforce
housing and would therefore not be built utilizing federal funds. Deed restrictions
would be used to ensure the units are utilized for workforce housing only.
Director Kurelja announced her retirement at the end of the year and introduced
her successor Naomi Hawf.
3. PLANNING COMMISSION ITEMS:
1. ACTION ITEMS:
A. APPEAL RAVEN ROCK TOWNHOMES DEVELOPMENT PLAN, JAMES
& SUSAN MACKEY, OWNERS. APPEAL OF ESTES VALLEY
PLANNING COMMISSION DECISION OF DP-2017-07 ON NOVEMBER
14, 2017. Mayor Jirsa opened the public hearing. Director Hunt stated the
Estes Valley Planning Commission denied Development Plan 2017-07 at
their November 14, 2017 meeting. The property owners filed an appeal of
Board of Trustees — December 12, 2017 — Page 4
the decision with the Town Clerk on November 15, 2017 and an amended
appeal on November 30, 2017.
Planner Gonzales reviewed the application to develop the Raven Rock
Townhomes development consisting of 38 two-family units on
approximately 10-acres. Staff recommended approval of the Development
Plan at the September 19, 2017, October 17, 2017 and the November 14,
2017 Planning Commission meetings. Four options were presented to the
Town Board, including denial, approval, approval with conditions, or
continue the appeal to a date certain.
Attorney White reviewed the legal issues related to the use of
Comprehensive Plan to deny a development plan. He stated
Comprehensive Plans have been viewed as advisory and up held as such
by the Colorado Supreme Court with the exception of the Condor case. The
Court has also acknowledged the general provision of a Comprehensive
Plan could not be used to deny a development plan. Overall
Comprehensive Plans have a clouded judicial review. The adoption of the
Estes Valley Development Code and zoning map was determined to be
consistent with the goals, objectives and policy outlined in the
Comprehensive Plan.
Director Hunt stated Comprehensive Plan are developed to provide a vision
for the community and incorporate the vision into the local codes, i.e. Estes
Valley Development Code (EVDC). The Plan contains words and text that
are not compatible with the development code language. He addressed
issues related to the deficiency of public notice for the Development Plan,
stating a notice was mailed to neighbors within 100 feet and a legal notice
placed in the local newspaper.
Lucia Liley/Attorney for James Mackey stated the Development Plan was
denied based on specific land use criteria Attorney White had reviewed with
the Planning Commission and stated was not appropriate. The Plan was
continued at the first meeting in September 2017 to review drainage
concerns with a neighboring property and again at the second meeting in
October 2017 to address water drainage on the property. The Planning
Commission denied the Development Plan because it did not meet the
Comprehensive Plan standards and the Development Plan would set an
unacceptable precedent moving forward. The grounds for the appeal are
based on the fact the Comprehensive Plan was not intended to be
regulatory, the Commission did not site any evidence for the denial as it
relates to the EVDC, and the project complies with all applicable provisions
of the EVDC.
James Mackey/Property owner and developer reviewed the background of
the proposed development and stated the plan meets the EVDC review
criteria as outlined in Table 4-4 Permitted Uses: Nonresidential Zoning
Districts, impervious coverage, density, building height, parking,
landscaping and meets all utility requirements. The EVDC does not require
open space; however, the project provides approximately 2 acres of
untouched and an additional 2 acres for the detention ponds out of 10 acres.
Stormwater and drainage has been a significant issue during the review of
the development. Three detention ponds have been added to the
development and a berm has been added to direct stormwater flow away
from the neighboring properties and the development.
Those speaking against the Development Plan: Rebecca Urquhart/Town
citizen, Matthew Gordon/Town citizen, Dawn James/Town citizen, Richard
James/Town citizen, Michael Kelty/Town citizen, Michelle HilandlTown
citizen, and Art Messal/Town citizen. The Supreme Courts decision on the
Condor case clearly stated the Development Code must comply with the
Comprehensive Plan. The EVDC states it shall comply with the
Board of Trustees — December 12, 2017 — Page 5
Comprehensive Plan which makes it binding. The lack of sufficient notice
to the neighbors was not provided for during the annexations process which
allowed the Development Plan to move forward. The developer was
required to demonstrate compliance with the Comprehensive Plan and to
adhere to the Plan. The Planning Commission found the Development Plan
did not meet the requirements of the Comprehensive Plan. The appeal
must demonstrate the Planning Commission was arbitrary and capricious
in their decision in overturning their decision. The community does not need
additional vacation home units. The process has been broken since the
review of the Lazy B and should be addressed.
Jon Nicholas/EDC Director stated the Comprehensive Plan designated the
area for accommodations. The drainage way between Marys Lake and Fish
Creek should be protected and the proposed development would not impact
the drainage way. He stated the Town could have a reverse condemnation
action and be required to purchase the property if the Planning Commission
decision is upheld.
Lucia Liley/Applicant attorney reiterated the Comprehensive Plan should be
used as a vision for the community and the Development Code regulations
should be used to make land use decisions. The Planning Commission
denial did not outline reasons or specific areas of the Comprehensive Plan
or the EVDC in which it did not comply.
Board comments were summarized: the Planning Commission lacked
findings for the denial, the laws of Estes Park need to be followed, the
Development Plan follows the EVDC, the application would be a use by
right, the Comprehensive Plan and the EVDC contain contradictions, the
Comprehensive Plan should not be used to handcuff developers and to be
manipulated to allow only certain types of development, the two documents
are suppose to be used to protect the neighbors, and the Comprehensive
Plan needs to be reviewed.
Mayor Jirsa closed the public hearing. It was moved and seconded
(Holcomb/Koenig) to approve the Raven Rock Development Plan (DP
2017-07) on appeal from the Planning Commission's denial of same
on November 14, 2017, finding that the Development Plan meets the
Estes Valley Development Code's requirements for approval per
EVDC Chapter 3 (Review Procedures and Standards), and it passed
unanimously.
It was moved and seconded (Nelson/Norris) to continue the meeting past
10:00 p.m. to complete the agenda, and it passed unanimously.
B. PRELIMINARY TOWNHOME SUBDIVISION PLAT, RAVEN ROCK
TOWNHOMES, METES & BOUNDS PARCEL, TBD PROMONTORY
DRIVE, JAMES & SUSAN MACKEY, OWNERS. Mayor Jirsa opened the
public hearing. Planner Gonzales stated the 10-acre A -Accommodations
zoned property was annexed in 2017. The application proposed 19 duplex
buildings with 38 individual platted townhome lots, three Outots, and three
detention ponds. The application aligns with the Comprehensive Plan
Future Land Use Map, does not maximize the allowed density, and provides
additional accommodation units. Estes Valley Planning Commission
recommended denial of the subdivision application at their November 14,
2017 meeting. Mayor Jirsa closed the public hearing. It was moved and
seconded (Norris/Walker) to approve the Raven Rock Preliminary
Townhome Subdivision, and it passed unanimously.
C. ORDINANCE #33-17 - REZONING FROM E-ESTATE TO RM-
RESIDENTIAL MULTI -FAMILY, LOT 20 LITTLE PROSPECT MOUNTAIN
ADDITION, 260 STANLEY AVENUE, MICHAEL & CYNTHIA
KINGSWOOD, OWNERS. Mayor Jirsa opened the public hearing. Planner
Board of Trustees — December 12, 2017 — Page 6
Gonzales reviewed the application to rezone the lot from E-Estate to RM-
Residential Multi -Family to develop the property as attainable housing
utilizing the density bonus with four (4) workforce housing units. The Estes
Valley Planning Commission recommended the rezoning at their November
14, 2017 meeting. Mayor Jirsa closed the public hearing. Attomey White
read the Ordinance into the record. It was moved and seconded
(Norris/Holcomb) to approve Ordinance #33-17 to rezone Lot 20, Little
Prospect Mountain Addition from E-Estate to RM-Residential Multi -
Family, and it passed unanimously.
D. SUBDIVISION FINAL PLAT - ESTES PARK RESORT, LOT 1, LAKE
ESTES 2ND ADDITION, 1700 BIG THOMPSON AVENUE, ROCKY
MOUNTAIN HOTEL PROPERTIES I, LLC/OWNER. Mayor Jirsa opened
the public hearing. Planner Gonzales reviewed the application to replat the
area as a Townhome subdivision with a total of 33 lots and one Outlot to
create 32 townhome sites and one lot to be retained for hotel use. The
Board of Adjustment approved a variance to allow structures to encroach
into the 50-foot wetland setback by up to 25-feet. The application also
consists of a Development Agreement between the property owner and the
Town to transfer density between Lot 33 and Lots 1-32 and Outlot A, and a
transfer of impervious coverage from Lots 1-32 and Outlot A to Lot 33.
Through the review process, staff noted the label of the plat needs to be
updated to match that of the preliminary plat.
Jes Reetz/Cornerstone stated the overall development of the project does
meet the density and impervious coverage of the Development Code. A
neighborhood meeting was held and found most were in favor of the
development over the development of another large hotel. A landscaping
buffer would be included between the development and the properties to
the west.
Mayor Jirsa closed the public hearing. It was moved and seconded
(Holcomb/Koenig) to approve Estes Park Resort Final Plat with the
recommended condition by staff, and it passed unanimously.
E. ORDINANCE 34-17 —AMENDING THE ESTES VALLEY DEVELOPMENT
CODE CHAPTER 13 §5.4 & §3-17, REGARDING OUTDOOR MOBILE
FOOD VENDORS & VENDING PERMITS. Item continued to the January
23, 2018 Town Board meeting at the request of staff.
4. ACTION ITEMS:
1. 2018 CONTRACT WITH HOST COMPLIANCE FOR VACATION HOME
SERVICES. Director Hunt and Code Enforcement Officer Hardin reviewed the
2018 contract with Host Compliance, stating the contract scope of services would
continue to include monitoring of advertising and marketing of vacation homes,
monitoring unauthorized vacation homes, and providing a 24-hour
complaint/question hotline. A number of services purchased in 2017 have not
been utilized and have been removed from the proposed 2018 contract,
therefore, the 2018 contract cost have been reduced 40% to $28,508. The
Town's IGA with Larimer County calls for the County to by 50% of the contract
annually. It was moved and seconded (Walker/Norris) to approve the "Host
Compliance Software and Services Agreement" for a term of January 1,
2018 through December 31, 2018, and authorize the Mayor and Clerk to sign
the Agreement, and it passed unanimously.
2. RESOLUTION #32-17 - 2017 SUPPLEMENTAL BUDGET APPROPRIATIONS.
Director Hudson reviewed the final budget amendments to the 2017 budget
including a net decrease in General fund of $246,384, an increase of $202,859
to the Community Reinvestment fund, an increase of $302,875 to the Street fund,
a net decrease of $880,924 to the Light and Power fund, $256,390 to the Water
Board ofTrustees — December 12,2U17—Page 7
fund, and $120.00increase to the Vehicle Replacement fund. hwas moved
and seconded (Waker/Ho[comb) to approve Resolution #32- 7
appropriating additional sums ofmoney for the Town ofEstes Park for the
budget year ended December 31.2U17.and itpassed unanimously.
3. CAPITAL IMPROVEMENTS PLAN 2U18-2O2 .AssiatantTownAdministrator
Maoho|ekpresented the 2018-2022Capital Improvement Plan (C|P)and stated
all C|Pprojects were incorporated inthe 2O18budget with the exception ofthe
Downtown Estes Loop (Town portion) project. The project has encumbered
funds which would be nu||ed over from the 2017 budget in oody 2018. The
approval of the plan would not provide spending authority or directly allocate any
resources. The plan would be used to recognize future needs and prioritize
spending. The C|P process would be transferred to Finance to manage and
update moving forward. It was moved and seconded (Ho|oomb/Nonin)to
approve the 2018'2022 Capital Improvement P|mn, and it passed
unanimously.
4. AGREEMENT REGARDING EXERCISE OFRIGHTS QFFIRST REFUSAL TO
ACQUIRE FUTURE WINDY GAP WATER UNITS FROM PLATTE RIVER
POWER AUTHORITY. Attorney White provided a review to the 1974
assignment of Windy Gap water rights to Platte River Power Authority (PRPA)
for power generation. In 2017. PRPA determined to oo|| 23 of the 100 units
provided by the municipalities of the Windy Gap water as they would not be
needed for future power generation. The pmoeae utilized to do nn raised
questions, therefore aformal process has been developed for future sales. The
agreement provides for a Notice by PRPA of the proposed Windy Gap transfer
with a third party; procedures for protecting any confidential information with
regard to the transfer; exercise or waive each municipality's right of first refusal;
and joint exercise of each municipality's right of first refusal in the event that two
or more municipalities wish to exercise their right of first refusal. Staff
recommended approval of the agreement. It was moved and seconded
(Ho|oomb/Koanig)bnapprove the Agreement Regarding Exercise mfRights
of First Refusal toAcquire Windy Gap Water Units from Platte River Power
Authority, and itpassed unanimously.
5. BROO|E AVENUE IMPROVEMENTS CONSULTANT CONTRACT, AWARDED
TO 8REXEL, BARREL & CO. EnginoorSta|kworth presented a professional
services contract with Drexel, Barrell & Co. to prepare the design bid documents
for pedestrian improvements to Brodie Avenue. These improvements would
provide safe routes to school and provide connection of the Community Drive
and Fish Creek trails. The contract would also include the evaluation of Brodie
Avenue pavement condition to determine if full replacement of the asphalt would
be noaded, evaluate the on -street parking and traffic pottemn, and design
needed drainage improvements in the area. Public Works issued an RFP in
November 2017 and received seven (7) responses. After evaluating the
naoponoo it was determined Drexel, Bann|| & Co. had a thorough knowledge of
the design issues of the project and offered adetailed approach toimprove the
roadway and extend the trail. The finn has also utilized and successful
completed Colorado Safe Routes toSchool (CSRTS)funding. Public Works has
applied for o CSRTS grant for construction of the impmvoments, and if not
awarded 1ATnai| Expansion funds would be utilized to fund the trail connection
work in 2018. It was moved and seconded (Holcomb/Norris) to award the
professional services contract for design ufBrodie Avenue Improvements
Board of Trustees — December 12, 2017 — Page 8
to Drexel, Barrel) & Co. for a cost not to exceed $70,000, and it passed
unanimously.
6. ORDINANCE #35-17 TOWN BOARD COMPENSATION. Mayor Jirsa opened
the public hearing. Town Clerk Williamson stated the Town Board requested
staff compile data on compensation from the market utilized to assess the
employee compensation annually. The Clerk's staff provided data on
compensation, population of the municipalities, and their operating budgets for
the Board's review. Staff determined the midpoint for each of the positions on
the Board where as follows: Mayor - $11,000, Mayor Pro Tem $7,000 and
Trustee $7,200. The Mayor Pro Tem tends to be lower because a majority of the
municipalities do not compensate the position differently than other Trustees. It
was recommended the Board consider increasing the salaries for those Board
members newly elected in 2018 to $11,000 for Mayor, $9,000 for Mayor Pro Tem,
and $8,000 for Trustees.
Art Messal/Town citizen supported an increase in compensation for the Board
and recommend $1,000 a month ($12,000 per year) be considered for Trustee
in order to have a tangible impact.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into
the record. It was moved and seconded (Walker/Koenig) to approve
Ordinance #35-17, and it passed unanimously.
7. RESOLUTION #33-17 SETTING THE APRIL 3, 2018 MUNICIPAL ELECTION.
Town Clerk Williamson presented Resolution #33-17 setting the regular
Municipal Election for April 3, 2018 and assigning the Town Clerk as the
Designated Election Official (DEO) for the election. It was moved and
seconded (Holcomb/Nelson) to approve Resolution #33-17, and it passed
unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 10:
Todd Jirsa, Mayor
liamson, Town Clerk