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HomeMy WebLinkAboutMINUTES Town Board 2017-11-14Town of Estes Park, Larimer County, Colorado, November 14, 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 14th day of November, 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. It was moved and seconded (Norris/Holcomb) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Jay Blackwood/Town citizen thanked the Town and the Estes Valley Land Trust for their support of the Estes Valley Water Coalition's efforts to improve the waterways after the 2013 Flood. The 14 projects completed have been key in helping to maintain the environment. Nancy Almond/Estes Valley Investment in Childhood Success (EVILS) Director and Family Advisory Board (FAB) member thanked the Board for including EVILS as a line item in the base budget for the Town which provides leverage for future funding of the organization. She applauded the Board for including childcare in the 5-year Strategic Plan as a catalyst; however, the Town continues to lose families and the issue needs to be addressed immediately. EVICS would come forward in January to request the Town to consider a childcare facility at the current Senior Center to help address the lack of childcare in the valley. Carlie Bangs/Town citizen, Marion Stallworth/Town citizen and Erin Miller/Town citizen spoke to the lack of childcare, the need for the Town Board to address the issue, and provide additional daycare in the community. They requested the Town Board work toward actionable goals to address the childcare in the community. The Town Board and FAB need to work together to develop solutions. Greg Rosenor/Town citizen commented on the caliber of the planning staff in the Community Development department. He stated Director Hunt and Attorney White provided a presentation to the Estes Valley Planning Commission during a study session outlining instructions and criteria to use during the review of a development. The memo produced provides developers and citizens with understandable guidelines and rules. Bruce Davies/Town citizen spoke to the proposed National Park fee increases stating the fees would negatively impact his tour business. The cost would require him to double his rates making the tours unaffordable to most individuals. Jon Nicholas/EDC Executive Director stated planning decisions made based on the Comprehensive Plan rather than the Development Code and zoning would not be workable. The EDC would hold a meeting to discuss the proposed NPS fee structure and how it would impact the community. Board of Trustees — November 14, 2017 — Page 2 Michelle Hiland/Town citizen questioned who uses the park on a regular basis and what the fee increase really means to the Park. She stated now would be the time to discuss solutions to protecting the Park. She further questioned why the valley has a Comprehensive Plan and how it should be used to address development. Johanna Darden/Town citizen stated infants and young children should be cared for by their parents or other family members. She commented EVICS should ensure proper childcare can be made available. TOWN BOARD COMMENTS Trustee Norris stated the FAB was able to establish a quorum at its last meeting due to the changes made to the bylaws. The Board continues to work on a resource list to be used by families. Once complete the list would be posted on the Town's website. A non- voting student member would join the Board at its next meeting. Trustee Martchink commented applications are being accepted for positions on the Parks Advisory Board and encouraged citizens interested to apply. TOWN ADMINISTRATOR REPORT. Assistant Town Administrator Machalek requested the Board hold a study session on November 28, 2017 to review changes to the Special Review for Lot 4, Stanley Historic District grading permit. The Board agreed to schedule the study session item. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 24, 2017 and Town Board Study Session dated October 24, 2017 and Budget Study Session Minutes dated October 13 and 20, 2017. 2. Bills. 3. Committee Minutes - None. 4. Estes Valley Board of Adjustment Minutes dated October 3, 2017 (acknowledgement only). 5. Family Advisory Board minutes dated August 3, 2017 (acknowledgement only). 6. First Amendment to the Intergovernmental Agreement between the Town and Platte River Power Authority and other municipalities for and updated joint Compensation Study. 7. First Amendment to the Intergovernmental Agreement with Lafayette and Louisville for Lucity Services. 8. Resolution #26-17 Continuing the Transportation Advisory Board and the Parks Advisory Board. It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE #29-17 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE TO ADD A DEFINITION IN CHAPTER 13 FOR THE TERM "SINGLE-FAMILY USE." Mayor Jirsa opened the public hearing. Director Hunt stated the current Estes Valley Development Code (EVDC) contains definitions for "Dwelling, Single -Family", "Dwelling, Detached", "Household" and "Household Living". The code does not contain a definition for "Single -Family Use". The proposed code amendment would add the definition which utilizes portions of the existing definition for "Household". Mayor Jirsa closed the public hearing. Attorney Board of Trustees — November 14, 2017 — Page 3 White read the Ordinance into the record. It was moved and seconded (Holcomb/Koenig) to approve Ordinance #29-17, amending the Estes Valley Development Code as stated in Exhibit Red, finding that the amendment is in accord with the Comprehensive Plan and with Section 3.3 of the Development Code, and it passed unanimously. B. ORDINANCE #30-17 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE TO ELIMINATE APPLICABILITY AND USE OF THE ATTAINABLE HOUSING DENSITY BONUS IN THE RE-1 RURAL ESTATE, RE RURAL ESTATE, E-1 ESTATE, E ESTATE, R RESIDENTIAL AND R-2 TWO-FAMILY RESIDENTIAL ZONING DISTRICTS. Mayor Jirsa opened the public hearing. Director Hunt stated the EVDC has included a density bonus for all residential zoning districts except for R-1, the highest density zoning district. A subsection of the code was amended in 2016 to change income eligibility and add workforce incentives to address the shortage of housing for the work force within the community. The changes have driven concern from the community on the possibility of density bonuses within smaller single-family lots, thereby creating a subdivision of the lots and higher density. The proposed changes would eliminate the density bonus from all residential zoning districts except RM — Residential Multi -Family. Jon Nicholas/EDC Executive Director stated support for the staff recommendation. The EDC supports amendments to the EVDC which address workforce housing. Those speaking in favor of the amendment included Neil Woodley/Town citizen, Pat NewsomfTown citizen, Johanna Darden/Town citizen, Connie Phipps/Town citizen, John Phipps/Town citizen, and Sandy Lindquist/Town citizen. The amendment would protect single-family properties from future unintended consequences of defacto rezoning. Lack of attainable and workforce housing continues to be an issue in Estes Park and can be addressed without doubling the density in single-family residentially zoned properties. Short-term rentals have exasperated the problem with a number of single-family homes converted from long-term rentals. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Norris/Holcomb) to approve Ordinance #30-17, and it passed unanimously. 3. ACTION ITEMS: 1. 2018 STRATEGIC PLAN. Assistant Town Administrator Machalek presented the proposed 2018 Strategic Plan which was developed over the past 6 months. The key outcome areas remained the same for 2018 with a refinement of the goals and development of 2018 objectives. Art MessallTown citizen stated Estes Park is at a crossroads and needs to develop a strategy to address the current significant issues. He stated the current plan does not meet the needs of the community. Michelle Hiland/Town citizen approved of addition of a survey in 2018 and would encourage the involvement of the Economic Development Corporation and Visit Estes Park. Emily Jurgens/County citizen, parent and educator requested the Board address the childcare issue sooner than the 5 years outlined in the proposed Strategic Plan. Trustee Martchink suggested the advisory boards should provide recommendations on objectives to include in future plans. Mayor Pro Tem Board of Trustees — November 14, 2017 — Page 4 Koenig stated the Trustee liaison should be the conduit for reporting back issues and concerns to the Town Board. It was moved and seconded (Holcomb/Norris) to approve 2018 Strategic Plan, and it passed unanimously. 2. PUBLIC HEARING — 2018 BUDGET: Mayor Jirsa opened the public hearing. Director Hudson presented the proposed 2018 budget, including the intended uses of the Highway User Trust Fund revenues received from the State of Colorado. The proposed budget was presented to the Town Board during study sessions held on October 13, 20 and 24, 2017 and all changes have been reflected in the budget for the Board's consideration. The budget contains 23% reserves, 3% sales tax increase, new positions including a Police Officer, conversion of the part-time Municipal Court Clerk to a full-time position with part- time duties as a Human Resources Assistant, a Facilities Maintenance Worker, and a Development Engineer/Floodplain Administrator, 2% merit, improvements to the Visitor Center, set aside $400,000 for the US Hwy 36 and Community Drive intersection for future development, and the replacement of the mobile stage. It was moved and seconded (Koenig/Holcomb) to continue the public hearing to the November 28, 2017 Town Board meeting, and it passed unanimously. 3. ORDINANCE #24-17 AMENDMENT TO THE ESTES PARK MUNICIPAL CODE CHAPTER 8.06 NOISE. Mayor Jirsa opened the public hearing. Attorney White presented an amendment to the Town's Noise Ordinance which would address noise from a unreasonableness standard rather than a decibel limit. Unreasonable sound would be defined as any sound of such level, intensity or duration as may or tends to be injurious to human health or welfare, or that unreasonably interferes with the enjoyment of life or property, or causes damage to any property. This would allow the Police or Code Enforcement personnel to make a prima facie determination as to whether noise would be unreasonable. The Ordinance would further regulate unreasonable noise for motor vehicles, and restrict amplified outdoor music. Jack Knudson/Town citizen stated the proposed Ordinance would remove any mention of decibel levels requiring the Police to determine unreasonable noise. The noise standards would be lower than those set by the state legislature. He requested the Board table the Ordinance and write and Ordinance that would comply with the state statutes and include decibel levels. Chief Kufeld agreed with the proposed changes and stated the unreasonable noise standard would be enforceable. Officers responding to a noise complaint would be required to assess the situation and make an assessment. Trustee Walker commented on the need to address intermittent and chronic noise issues. He stated concern with the enforceability of the proposed Ordinance. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Holcomb/Norris) to approve Ordinance #24-17, amending Chapter 8.06 of the Estes Park Municipal Code Relating to Regulation of Unreasonable Noise, and it passed with Trustee Walker voting "No". 4. ORDINANCE #25-17 CONTRACT APPROVING SALE OF PARCEL #25302- 13-961. Mayor Jirsa opened the public hearing. Attorney White presented a contract to sell a Town owned parcel created when the United States Bureau of Reclamation acquired a one hundred foot right-of-way for the Lake Estes Penstock for its Colorado Big Thompson Project. The property has limited value, and the Town has not used the property. The purchasers own the adjoining parcel and propose to purchase the property in order to combine it with the adjoining parcel and develop the two properties. The purchase price for the property would be $1,000; purchaser responsible for title insurance, survey and Board of Trustees — November 14, 2017 — Page 5 all closing costs; and closing would be contingent upon the buyer obtaining approval of a development plan, resubdivision, and rezoning of the properties. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Holcomb/Walker) to approve Ordinance #25-17 approving the contract to buy and sell real estate for the sale of Town property, and it passed unanimously. 5. FISH HATCHERY WORKFORCE HOUSING DEVELOPER SELECTION. Manager Landkamer provided a review of the RFP issued for professional services to identify a developer to plan, design, implement and build workforce housing on the 75 acre Town owned Fish Hatchery property. A selection team reviewed the three proposals received and recommended the Town initiate negotiations with AmericaWest Housing Solutions and Prairie Fire Development Group. The developer has also identified the potential to develop the Town owned parcel south of Crossroads Ministry on Dry Gulch Road for workforce housing, and has teamed up with Crossroads to address the growing needs of the organization as well. Trustee Martchink questioned if a formal definition for workforce housing has been developed defining the number of hours an employee must work within the Estes valley to qualify for housing. Art Messal/Town citizen commented on the need to have more details on the impact of the workforce developments on the community. He stated concern the public has not been involved in the process thus far. Michelle Hiland/Town citizen agreed with the statements and further commented a plan or strategy has not been developed for workforce housing. It was moved and seconded (Hoclomb/Nelson) to approve the selection committee's recommendation to initiate negotiations with AmericaWest Housing Solutions and Prairie Fire Development Group for the development of the Town owned Fish Hatchery and Dry Gulch properties, and it passed unanimously. 6. RESOLUTION #27-17 IN SUPPORT OF THE REAUTHORIZATION OF THE COLORADO STATE LOTTERY. Assistant Town Administrator Machalek presented a Resolution to support the Colorado Lottery and to encourage the General Assembly to consider the extension of the Division during the 2018 general session. It was moved and seconded (Norris/Holcomb) to approve Resolution #27-17, and it passed unanimously. 7. PARKS ADVISORY BOARD INTERVIEW COMMITTEE APPOINTMENT. It was moved and seconded (Martchink/Holcomb) to appoint Trustee Martchink and Mayor Pro Tem Koenig to the Parks Advisory Board Interview team, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8: Todd Jirsa, Mayor Jae Williamson, Town Clerk