HomeMy WebLinkAboutMINUTES Town Board 2017-10-24Town of Estes Park, Larimer County, Colorado, October 24, 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 24th day of October, 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 (Holcomb/Koenig) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Mayor Connie Sullivan/Town of Lyons presented Mayor Jirsa with a Lyons High School
hat to wear during the meeting because the Estes Park football team lost to Lyons.
Tracy McGinnis/County citizen questioned why the Town Board would give away its
majority vote for the removal of Local Marketing District (LMD) Board members with the
recently passed Intergovernmental Agreement with Larimer County. She stated the
Town Board had little to no discussion on the removal of the recent Board members, nor
did the individuals have the opportunity to comment. She also asked for clarification on
what the new look, new direction and new plan for the LMD would be. She requested a
transparent public discussion on the topic.
Johanna Darden/Town citizen stated the deadline for the Park Hospital draft budget to
be presented to the Board was October 15, 2017. She stated she filed a recent open
record request to review the budget and was provided a one -page budget that was
incomplete. The Board has not received the proposed budget and may not before their
next meeting on October 31, 2017. She urged the community to attend the meeting and
review the budget.
Doug Warner/Town citizen requested the public vote "No" on Ballot Issue 3A for a mill
levy override for the school district. He stated the mill levy has not been specified in the
ballot language and would be a perpetual tax with no sunset. Future mill levy increases
would continue with limits set by the state statutes.
Art Messal/Town citizen commented the Town Board has developed a structure for the
organization and has implemented it fairly well. He stated the Town Board fails at
substance as an organization by not initiating solutions to problems and measuring
success. He stated it needs to change if we are to move forward as a community.
Paula ScheilslTown citizen stated concern with public email, the purpose, and what
policies are in place concerning public email. She stated further concern with the
Board of Trustees — October 24, 2017 — Page 2
monitoring of these emails and the removal of emails from the site which go against the
stated policy on the Town's website.
TOWN BOARD COMMENTS
Trustee Norris stated during the recent Estes Valley Planning Commission meeting the
Raven Rock development was continued with the Commissioners expressing a need for
clearer guidance in the Comprehensive Plan, and requested the neighbors and the
developer discuss drainage issues. He commented on the success of the recent
recycling event.
Mayor Pro Tem Koenig commented she toured the new facilities at the Community
Center, including the Senior Center portion. She recommended anyone interested in
seeing the progress contact the Estes Valley Recreation and Park District to schedule a
walkthrough.
Trustee Nelson stated the Larimer County Open Lands Advisory Board would meet on
November 8, 2017.
TOWN ADMINISTRATOR REPORT.
• A presentation by Platte River Power Authority on zero net carbon would be held at
the study session on December 12, 2017.
• Policy Governance 3.3 Financial Planning and Budgeting Report — Administrator
Lancaster reported full compliance.
• Director Muhonen announced the Town was awarded the 2017 Small Community
Award by APWA for the Estes Park Transit Facility Parking Structure.
• Reviewed a recent press release from the National Park Service proposing a high
use fee for 14 parks. Rocky Mountain National Park high use fee would be
implemented during June 1 through October annually and consist of $70 for up to 7
days, $50 for motorcycles and $30 for bicycles. The NPS would accept comments
on the proposed fees through November 23, 2017.
1. CONSENT AGENDA:
1. Town Board Minutes dated October 10, 2017 and Town Board Study Session
dated October 10, 2017.
2. Bills.
3. Committee Minutes - None.
4. Estes Valley Board of Adjustment Minutes dated September 12, 2017
(acknowledgement only).
5. Estes Valley Planning Commission Minutes dated September 19, 2017
(acknowledgement only).
6. Transportation Advisory Board Minutes dated September 20, 2017
(acknowledgment only).
7. Estes Valley Library District Board Appointments:
a. Beth Ellis, term expiring on December 31, 2021.
b. Bill Gerritz, term expiring on December 31, 2021.
8. Acceptance of Town Administrator Policy Governance Report.
9. Letter of Support for Fall River Trail Grant Applications.
It was moved and seconded (Walker/Norris) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS: (Outside Entities).
Board of Trustees — October 24, 2017 — Page 3
1. AMERICA IN BLOOM REPORT. Parks Maintenance Worker Keri Kelly and
members of the committee, including Derek Fortini, Suzanna Simpson and
Charley Dickey presented the Town Board with awards the Town received at
the 2017 America in Bloom conference for Midsize Circle of Champions with a
5 out of 5 Blooms. The Town included the Estes valley this year which placed
the Town in the midsize category. The judges noted the planters along the new
parking structure, use of containers and baskets, and the noteworthy
community garden project. Charley Dickey thanked the companies and
individuals who sponsored the judges visit this year.
2. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT.
Jon Nicholas provided an update on the activities of the organization, including
policy governance training for the Board and for other agencies in the
community with 100 in attendance, board elections, the continued evaluation of
the value of a membership, held annual membership dinner, and continue the
program Explore your Store. Randy Hunt/Community Development Director
held a public forum on the long-term vision for changes to the Estes Valley
Development Code and the impact on the community relative to issues such as
workforce housing.
3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #3, EPCO, Unit 18, 220 Virginia
Drive, Brent & Deborah Nations and the Estes Highlands Homeowners
Association/Owner.
B. PRELIMINARY TOWNHOME SUBDIVISION PLAT, Raven Rock
Townhomes, Metes & Bounds Parcel, TBD Promontory Drive. Request to
continue to November 28, 2017.
C. SUBDIVISION FINAL PLAT — ESTES PARK RESORT, Lot 1, Lake Estes
2nd Addition, 1700 Big Thompson Avenue, Rocky Mountain Hotel
Properties I, LLC/Owner. Request to continue to November 28, 2017.
It was moved and seconded (Holcomb/Norris) to approve the Planning
Commission Consent Agenda, and it passed unanimously.
2. ACTION ITEMS:
A. SUBDIVISION FINAL PLAT — KEARNEY MINOR SUBDIVISION,
METES & BOUNDS PARCEL, 1360 BROOK DRIVE, KEARNEY &
SONS EXCAVATING, INC/OWNER. Mayor Jirsa opened the public
hearing. Planner Gonzales stated the Town Board approved the
preliminary plat at their August 22, 2017 meeting. The proposal would
create two legal lots and an Outlot. The two lots would continue to have
industrial/commercial uses. Neither lot would be accessed from Fish
Creek Road. Access shall be maintained from Acacia Drive and Brook
Drive. A sidewalk was proposed along Acacia Drive and Brook Drive and
was a condition of approval for the preliminary plat application. The
construction documents for the sidewalk were approved by Town staff as
well as the financial guarantee. Staff has received the security and
determined it is acceptable. Mayor Jirsa dosed the public hearing. It was
moved and seconded (Holcomb/Koenig) to approve the Kearney Final
Minor Subdivision, and it passed unanimously.
B. ORDINANCE #26-17 RIGHT-OF-WAY VACATION, METES & BOUNDS
PARCEL, 850 CONCORD LANE, WILLIAM LILEY/OWNER. Mayor Jirsa
opened the public hearing. Planner Becker reviewed the application to
Board of Trustees — October 24, 2017 — Page 4
vacate a 30-foot right-of-way easement granted to the Town of Estes Park
as a condition of annexation for the property formerly known as the Waldo
Additions. The easement was put in place as access for potential future
development to the north and east of the property. The potential for
development has been limited by the placement of conservation
easements on the surrounding residential properties, including land being
owned by the Bureau of Land Management and the Town. Access would
be maintained to the Pederson Lots 1, 2 and 3 via a private 14-foot wide
easement along the south. All utilities and outside entities potentially
impacted have signed off on the proposed right-of-way vacation. The right-
of-way easement borders County and would be subject to Board of
County Commission approval. The vacation of the easement would
reduce road maintenance for the Town. Mayor Jirsa closed the public
hearing. Attorney White read the Ordinance. It was moved and
seconded (Norris/Koenig) to approve Ordinance #26-17, and it passed
unanimously.
C. ORDINANCE #27-17 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE TO REMOVE FLOOR AREA RATIO AND THE
DENSITY CALCULATION STANDARDS AS THEY RELATE TO THE
NUMBER OF EMPLOYEE HOUSING UNITS ALLOWED. Mayor Jirsa
opened the public hearing. Planner Gonzales stated the objectives
included the removal of all references to Floor Area Ratio (FAR) in the
Estes Valley Development Code (EVDC), remove redundant regulations
on dimensional standards in all zone districts, remove maximum FAR from
Employee Housing Density Calculation, and establish an alternative
Employee Housing Density Calculation. FAR applies to all development,
except development of a single-family dwelling on a single lot. The
calculation of FAR has been used to determine the appropriate allowed
mass (cumulative square footage) of structures in comparison to the size
of the lot, and has become an outdated planning measure used to
regulate how a property should be developed. FAR continues to be used
in dense urban cores such as skyscraper districts in metropolitan areas.
Staff proposed the complete removal of all reference to FAR in the EVDC
and utilize setbacks, impervious coverage, building envelopes and
maximum allowed heights to regulate development. The approach would
increase transparency. Removal of FAR would require an amendment to
the Employee Housing portion of the code to identify maximum allowed
development. Staff proposed the cumulative floor -area square footage of
all employee housing units on the site and their accessory use areas
(garages, carports, decks, etc.) cannot exceed the square footage of the
principal use, and the required parking for employee housing units shall
not exceed the required parking for the principal use. The Estes Valley
Planning Commission recommended approval of the text amendment on
September 19, 2017 and the Board of Larimer County Commissioners
approved the amendments on October 16, 2017 unanimously.
Johanna Darden/Town citizen stated concern the changes would increase
the density on residential lots. Planner Gonzales stated the removal of
FAR would not impact the density in the residential single-family zoning
districts.
Jon Nicholas/EVPC member and EDC Executive Director thanked staff for
simplifying the code and utilizing the other mechanisms in the code to
control development.
Attorney White read the ordinance. Mayor Jirsa closed the public hearing.
It was moved and seconded (Nelson/Norris) to approve Ordinance
#27-17, and it passed unanimously.
D. ORDINANCE #28-17 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE REGARDING MAXIMUM RIDGELINE HEIGHT
Board of Trustees — October 24, 2017 — Page 5
FOR STEEPLY -SLOPED GABLED & HIPPED ROOF STRUCTURES.
Mayor Jirsa opened the public hearing. Director Hunt stated with the
recent amendment to the method used to measure building height and
average method for calculating the high plane of a gabled or hipped roof,
the Board questioned the impact on A -frame style homes. The objective
of this proposed code amendment would be to amend the EVDC to place
an upper (ridgeline) height limit on buildings with steep -sloped roofs and
add an absolute maximum limit for how tall a structure's ridgeline (highest
plane) could be, if the slope is greater than 12:12 pitch (i.e., a 45-degree
angle or greater from horizontal). For a 12:12 or greater sloping roof, the
height would be measured to the ridgeline, instead of the average. For
most buildings, that would mean 30 feet from finished grade to ridgeline.
An additional suggested change would be to clarify the lowest -plane
roofline be changed from eaveline to a precise term used in the Building
Codes of point of the topmost top plate. Attorney White read the
Ordinance. Mayor Jirsa closed the public hearing. It was moved and
seconded (Koenig/Holcomb) to approve Ordinance #28-17, and it
passed unanimously.
4. ACTION ITEMS:
1. LOCAL MARKETING DISTRICT BOARD APPOINTMENTS. Town Clerk
Williamson stated the Town and Larimer County received a combined total of
16 applications for 6 positions on the Local Marketing District Board. One
applicant did not qualify because they were term limited and had only been off
the LMD Board for 9 months. All qualified applicants were interviewed by the
committee consisting of Larimer County Commissioner Donnelly, Mayor Jirsa,
Trustee Norris and LMD Board Member Jurgens. The Town Interview
Committee made the following recommendations:
Lowell Richardson, November 1, 2017 — December 31, 2018 — 1-
year term
• Chris Amundson, November 1, 2017 — December 31, 2019 — 2-
year term
• Anne Morris, November 1, 2017 - December 31, 2020 - 3-year term
• Deborah Gibson, January 1, 2018 — December 31, 2021 — 4-year
term
The County Commissioners would consider the appointment of Stefano
Tomasello and Pat Murphy at their meeting on October 31, 2017.
Mayor Jirsa and Trustee Norris stated they were impressed with the applicants
and the number of individuals interested in serving the community.
Tracey McGinnis/County citizen commented she agreed with the committee's
selections; however, questioned if there would be a conflict of interest for Mr.
Amundson because of his interest in Utah Life and Colorado Life magazines.
Art Messal/Town citizen stated concern the proposed appointments would led
to 4 Estes Area Lodging Association members on the Board, and therefore,
change would not occur. With the removal of the recent Board members the
community has an expectation of change and increased accountability. He
requested the removal of Elizabeth Fogarty as CEO of the organization.
Michelle Hiland/Town citizen stated the Town and County would not be
considering the change in Board members if it were not for her and others
willingness to learn about the organization. She stated disappointment in not
having the opportunity to serve on the Board to affect the needed change.
Paula Scheil/Town citizen commented she was happy with the choices and the
quality of the applicants.
Board of Trustees — October 24, 2017 — Page 6
It was moved and seconded (Norris/Holcomb) to appointment Lowell
Richardson for a 1-year term, November 1, 2017 — December 31, 2018,
Chris Amundson for a 2-year term, November 1, 2017 — December 31,
2019, Anne Morris for a 3-term, November 1, 2017 — December 31, 2020,
and Deborah Gibson for a 4-year term, January 1, 2018 — December 31,
2021, and it passed unanimously.
2. RESOLUTION #25-17 ESTES PARK LOCAL MARKETING DISTRICT 2018
BUSINESS AND OPERATING PLAN. Town Administrator Lancaster stated by
state statute the Local Marketing District shall file an Operating Plan for the
next fiscal year to the appropriate local government(s) by September 30th of
each year. A plan was received by the deadline. The Board requested a third -
party expert review the 2018 LMD plan and compare it to the requirements of
the state statute and other operating plans developed. Staff contracted with
Sandy Hall Consulting LLC to complete the review and provide process
recommendations for the LMD and its Operating Plan. Through the review it
was noted the LMD was performing at or above other Marketing Districts.
However, there were areas, such as goals and objectives, that were noted as
weak. Staff stated if the Operating Plan was not approved for any given year,
the District would not be allowed to collect the LMD tax in the following year.
Mayor Jirsa recommended the newly appointed Board review the Operating
Plan, and further recommended the first quarter meeting with the LMD and the
Town include a discussion on changes to the Operating Plan to address
concerns outlined in the third -party review.
Trustee Walker stated concern with the draft Operating Plan; however, he
would vote for its approval due to the consequences if it were not approved.
Charley Dickey/Town citizen stated concern the Operating Plan would be
approved without a review of the budget. He strongly suggested the new Board
review the proposed 2018 budget.
Art Messal/Town citizen questioned why a third -party review was conducted.
He stated the proposed Operating Plan does not meet the standards of a plan
because there are no metrics and no strategic plan.
It was moved and seconded (Nelson/Holcomb) to approve Resolution #25-
17, and it passed unanimously.
3. CONSIDERATION OF QUORUM CHANGE FOR THE FAMILY ADVISORY
BOARD. Assistant Town Administrator Machalek presented a request to
change the quorum for the Family Advisory Board (FAB) from two-thirds (2/3) of
the total Board to one-half (1/2) of the total Board in order to facilitate the
schedules of the large Board. The reduction would allow additional flexibility for
the FAB to meet if members have scheduling conflicts. It was moved and
seconded (Norris/Holcomb) to approve the revised bylaws for the Family
Advisory Board to change the quorum from two-thirds of the Board to
one-half of the Board, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:30 p.m.
Todd Jirsa, Mayor
e Williamson, Town Clerk