HomeMy WebLinkAboutMINUTES Town Board 2017-10-10Town of Estes Park, Larimer County, Colorado, October 10, 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 10th 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 (Walker/Norris) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Frank Kropp/Town citizen state the Board of Adjustment denied a variance on a project
that included workforce housing and would have allowed the financing of the project.
He requested the Town Board call a special meeting to discuss the project and the
variance request. Administrator Lancaster stated under state statute an appeal of a
Board of Adjustment decision would be heard by the District court and not the Town
Board.
TOWN BOARD COMMENTS
Trustee Norris stated the Estes Valley Planning Commission met on October 17, 2017
and the Family Advisory Board (FAB) met on October 5, 2017. FAB discussed the
development of a resource guide for families, requested a high school student be
appointed to serve on the Board without voting rights, and the Board would identify gaps
in services for families such as childcare and housing for the Town Board to address.
Trustee Walker thanked Trustee Holcomb, Administrator Lancaster, the EDC and the
Board of Education for attending the Town Hall meeting with Senator Lundberg and
Representative Perry Buck.
Mayor Pro Tem Koenig announced the Town was awarded the mid -size Circle of
Champions at the America in Bloom conference. The Town also received special
recognition for its planters, landscaped areas, and the community garden.
Trustee Nelson recognized the Parks staff Keri Kelly and Brian Berg for their efforts
related to America in Bloom and thanked them for their continued efforts.
Trustee Holcomb stated he attended an AARP affordable housing seminar to define the
problem and outline solutions. The seminar outlined there would be a need for 100,000
new households per year, Colorado's population of 65 and older continues to grow
twice as fast as the national average, current rate of building would take 100 years to
Board of Trustees — October 10, 2017 — Page 2
catch up to the demand, and construction costs continue to increase in double digits
while salaries are only increasing by 2% a year. These items would require
homeowners to spend more of their income on housing in the future. There is a need to
look for creative solutions to address the housing issue.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated September 26, 2017.
2. Bills.
3. Committee Minutes - None.
4. Estes Valley Board of Adjustment Minutes dated September 12, 2017
(acknowledgement only).
It was moved and seconded (HolcomblWalker) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES PARK HIGH SCHOOL MONTE VERDE SCIENCE EXCHANGE.
Charolette Mason/Estes Park Environmental Center Institute stated the Town of
Estes Park through its Sister City program and Rocky Mountain National Park
have developed a student science exchange program for students of Estes
Park to conduct a variety of research projects in Costa Rica. Annalise Basch,
Bellanie LeBlanc, May Tice, Kaitlyn Flannery, and Abby Lemirande completed
a science exchange in Monte Verde, Costa Rica this past summer and
provided a presentation of their experience. The group focused on science
investigations and cultural emersion.
2. ESTES PARK R-3 SCHOOL DISTRICT MIL LEVY PRESENTATION.
Superintendent Sheldon Rosenkrance presented a review of the override mill
levy approved by the School Board in August. Ballot Issue 3A would provide
funding for recruiting and retaining teachers and staff, expand college and
career programs such as apprenticeships and career technical education
course, provide mental health, wellness and safety resources, expand
technology access to students, and expand curriculum to include 215t century
skills. All funds would go directly to the school district. Other school districts in
the area pay teachers more and the entire state continues to experience a
teacher shortage. An increase in funding would allow the district to compete for
talent.
3. UPDATE FROM THE ECONOMIC DEVELOPMENT CORPORATION.
Executive Director Nicholas provided an update on the EDC. He stated the
EDC received the International Economic Development Council Silver Award
for its website. The EDC received the Small Community of the Year Award
from the Colorado State Economic Development Council, which is partially
based on the support within the community for economic development and
investment in community infrastructure. The Board of the lnnosphere recently
approved moving forward with the Estes Park EDC on developing an operating
agreement to provide incubator services in Estes Park. The EDC would apply
for a grant through OEDIT in the amount of $150,000 to fund the program.
With the additional funding and workload, the EDC would hire a program
director in 2018, therefore, -the EDC has requested additionally funding from the
Town to offset the cost.
3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or
staff for Town Board Final Action.
Board of Trustees — October 10, 2017 — Page 3
1. ACTION ITEMS:
A. TOWNHOME SUBDIVISION FINAL PLAT, — BLACK CANYON INN
TOWNHOMES, 800 MACGREGOR AVENUE, SLOAN INVESTMENTS,
LLC. Director Hunt presented the final plat to place 17 residential lots and
one outlot on 4.047 acres. The plat would have a mix of two-family and
single-family units with associated parking and entry walkways. The A -
Accommodation zoning permits multi -family developments with duplex
and townhouse densities, and allows the development of single-family
homes. The existing slopes and natural features have presented design
challenges causing a slight deviation from the approved Amended
Development Plan. Staff recommended the Development Plan be
updated to reflect the minor changes to ensure the efficient review and
approval of all future building permit applications. The final plat dedicates
and vacates a number of easements and an upgrade to the access for the
property to meet the current minimum standards.
Jesse Reeves/Cornerstone Engineering commented the approved
Development Plan has been re -conceptualized as a townhome
development with the removal of a couple of units.
Victoria Wedan/Town citizen stated her property abuts the development
and has not had a chance to review the plan. She questioned if additions
could be made to the plan once approved. Director Hunt stated once the
plan has been recorded the applicant would have to come forward with a
new submittal to make any changes to the plan.
It was moved and seconded (Holcomb/Norris) to approve the Black
Canyon Inn Final Townhome Plat, and it passed unanimously.
4. ACTION ITEMS:
1. ORDINANCE #24-17 AMENDMENT TO THE ESTES PARK MUNICIPAL CODE
F8.06 NOISE. Attorney White stated the amendment to the noise ordinance was
continued at the September 12, 2017 to review the state statute requirements
and review other communities' noise ordinances and how they comply with the
state statutes. The decibel level stated in the state statutes are currently lower
than or equal to that of conversational speech. Noise ordinances from the
following communities were reviewed: Steamboat Springs, Fort Collins,
Loveland, Longmont, Greeley Johnstown, Windsor, Breckenridge and Lafayette.
The ordinances reviewed range from complex in Greeley and Fort Collins to
simple one sentence statement in Windsor. None of the ordinances reviewed
comply with the provisions of the state ordinance which requires "person shall
make, continue or cause to be made or continued any unreasonable noise;..."
Attorney White reached out to Mr. Hayashi who recently completed an extensive
review of the noise ordinance for the City of Golden. He reviewed a number of
municipal noise ordinances, including whether the ordinances have decibel
based standards. He concluded the decibel based noise ordinances are not
enforceable. He also could not find a municipal prosecutor that has prosecuted a
violation based upon decibel based restrictions. He recommended to the City of
Golden to address noise complaints through the adoption of a reasonable
standard noise ordinance. Attorney White recommended the Board consider
dealing with noise complaints through 1) the drafting of a new noise ordinance
which does not contain any decibel based restrictions; 2) noise ordinance shall
contain the wording that it is unlawful for any person to make, cause be made, or
to prevent any unreasonable noise upon any property. The determination of
unreasonable noise shall consider factors including, but not limited to, time of
day, size of any gathering of persons creating or contributing to the noise,
present or absence of sound amplification equipment, or any other factors
tending to show the magnitude and disruptive effect of the noise. The ordinance
Board of Trustees — October 10, 2017 — Page 4
may also address exempt activities; and 3) deal with noise from vehicles due to
alteration of mufflers and orjake brakes through the Model Traffic Code.
Chief Kufeld would support the proposed changes to the noise ordinance as
outlined by Attorney White. The changes would aid the police officers with
enforceability of noise complaints and determining unreasonable noise. He
would also support training for the officers in determining muffler and jack brake
modifications.
Jack Knudson/Town citizen read a prepared statement and provided comments
and amendments to the proposed amendments outlined by Attorney White. Most
significantly would be to address noise produced at one property that often can
be heard on another property and deemed by the owner as unwanted,
unpleasant, and a pollutant to their environment.
It was moved and seconded (Holcomb/Koenig) to table Ordinance #24-17,
and it passed unanimously.
2. LOCAL MARKETING DISTRICT INTERVIEW PROCESS. Mayor Jirsa stated
the Board attempted to accelerate the interview and appointment process to
provide Visit Estes Park (Local Marketing District) with a quorum. Since the
meeting on September 26, 2017, the Town Board has been informed VEP would
not hold a regular meeting until December 2017. This provides the Town and
County with the time required to fill vacant positions and provide VEP with a
quorum by their next meeting. Mayor Jirsa stated the Town has received
requests that the interview process be made public. He commented a public
process would not be fair to the applicants; however, he understood the need to
be transparent. He suggested the the interview team consisting of himself,
Trustee Norris, Commissioner Donnelly and Local Marketing District Board
Member Jurgens conduct the interviews in private, record the interviews and post
the recording on the Town's website. This would allow the remaining Trustees,
Commissioners and public to review the interviews prior to the Board taking
action on appointments. Trustee Norris stated support for an open public
interview process to be completed by the full Board. Trustee Holcomb agreed.
Michelle Hiland/Town citizen comment if the Town changes the process for this
interview, it should change the process for all future interview processes.
After further discussion, it was moved and seconded (Walker/Martchink) to
approve the non-public interview process for the Local Marketing District
Board appointments, and to record and post the interviews on the Town's
website for review by the Board and the public, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:50 p.m.
cie Williamson, Town Clerk