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