HomeMy WebLinkAboutMINUTES Town Board 2016-12-13Town of Estes Park, Larimer County, Colorado, December 13, 2016
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 13th day of December, 2016.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody 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.
PUBLIC COMMENTS.
Pat Newsom/Town citizen read a prepared statement stating the importance of the
Board to consider the voices of long term members of the community that have help to
shape Estes Park by serving in a number of capacities. Board members fairly new to
the community do not seems to understand or value the opinions of this segment of the
community. She stated if Estes Park continues down the current path it would lose it
character and become a resort and not a community.
Jon Nicholas/EDC President & CEO thanked the Town Board for the partnership during
the 2013 flood recovery efforts. The EDC received the Silver Award from the
International Economic Council for business retention and expansion. The Town
businesses were the recipients of 44% of the State funds available for flood recovery
efforts. The EDC held an outreach meeting with 40 businesses attending to understand
how to access Recovery Colorado funds during the Highway 34 construction to address
business interruption.
Tony Schetzsle/Town citizen questioned the proposed vacation rental cap established
which includes those properties that have been operating illegally. Neighboring property
owners should not be required to monitor businesses in their neighborhoods. He stated
the International Building Code should apply to vacation rental properties to address the
life, health and safety of the commercial operations. These rentals have a higher and
inherent risk, and the Town should not assume the liability of the rentals.
Bernie Holien/County citizen commented the cap on vacation rentals should be
reviewed annually and be increased by the same percentage of the number of housing
units available in the valley. He further suggested those operating with 9 or more
should be limited to currently licensed properties and new registrations should be limited
to 8 and under.
James Heineman/County citizen stated no new vacation home rental registrations
should be allowed based on an earlier deadline set for July 2016. A residential zoned
property has a limit of 8 people; therefore, no property should be allowed more than 8
guest in a home zoned residential.
TRUSTEE COMMENTS.
Trustee Holcomb thanked Town staff for the holiday lights throughout the downtown.
Board of Trustees — December 13, 2016 — Page 2
Mayor Pro Tem Koenig stated she attended the Wasteshed Policy Committee meeting
to address the upcoming 2025 closure of the Larimer County landfill. The Sister Cities
organization would hold its annual meeting in January 2017.
Trustee Walker commented on the lowering of the flags in honor of John Glenn;
thanked the community for their emails; and thanked Scott Webermeier for his years of
service on the Local Market District Visit Estes Park Board.
Trustee Norris thanked the public for their input on a number of important issues.
Trustee Martchink stated the Parks Advisory Board would meet on December 16, 2017
at the Event Center.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster stated the majority of the Town Board requested staff no longer
pursue outsourcing dispatch services to the County Sheriff. One of the main reasons
continues to be the Town has one fiber line serving the area at this time.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 22, 2016 and Special Town Board meeting
November 29, 2016.
2. Bills.
3. Transportation Advisory Board Minutes dated November 16, 2016
(acknowledgement only).
4. Parks Advisory Board Minutes dated November 18, 2016 (acknowledgement
only).
5. Estes Valley Board of Adjustment Minutes dated November 1, 2016.
6. Parks Advisory Board Re -appointments:
• Celine Lebeau — a term beginning December 13, 2016, expiring on December
31, 2019.
• Ronna Boles - 3-year term beginning January 1, 2017, expiring on December
31, 2019.
Charley Dickey requested Consent Item 1 be removed for further discussion. It was
moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items
2-6, and it passed unanimously.
Consent Agenda Item #1 — Charley Dickey requested the Special Town Board meeting
November 29, 2016 reflect the initial motion made by Trustee Holcomb. It was moved
and seconded (Walker/Koenig) to approve the Consent Agenda Item 1 with the
addition of the first motion, and it passed unanimously.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP FROM ROCKY MOUNTAIN PARK INN LLC
DBA ROCKY MOUNTAIN PARK INN TO DNC PARKS & RESORTS AT
ROCKY MOUNTAIN PARK INN, INC. DBA ROCKY MOUNTAIN PARK INN,
101-201 ST. VRAIN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE.
Town Clerk Williamson reviewed the transfer application stating a complete
application was received in the Clerk's Office on November 3, 2016 and a
temporary permit issued on November 17, 2016 with the final purchase
completed by the new owners. All necessary paperwork and fees have been
filed. TIPS training has been conducted onsite by a local trainer and would
continue with the new ownership. It was moved and seconded
Board of Trustees — December 13, 2016 — Page 3
(Holcomb/Martchink) to approve the Hotel and Restaurant Liquor License
filed by DNC Parks & Resorts at Rocky Mountain Park, Inc. dba Rocky
Mountain Park Inn, and it passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. WATSON MINOR SUBDIVISION. Metes & Bonds parcel; 6254 W.
Elkhorn Avenue; William & Vivienne Watson/Owners.
B. RESOLUTION #26-16 INTENT TO ANNEX PRENDERGAST
RESUBDIVISION ADDITION. Public Hearing scheduled January 10, 2017.
It was moved and seconded (Norris/Holcomb) to approve the Planning
Commission Consent Agenda Items, and it passed unanimously.
2. ACTION ITEMS:
A. FINAL PLAT PRENDERGAST RESUBDIVISION. Four Metes & Bounds
Parcels & Lot 10, Mount View Park, 753 Big Horn Drive, Richard
Prendergast/Applicant. Planner Gonzales reviewed the application stating
the resubivision plat would legally plat 4 lots to correlate with the
development of the area. A variance from the minimum lot size was
approved by the Board of Adjustment on November 1, 2016. A preliminary
plat was approved by the Estes Valley Planning Commission on November
15, 2016. An annexation would come forward in January to adjust the
jurisdictional boundary from crossing through the Harmony Foundation
building. It was moved and seconded (Holcomb/Norris) to find the
application substantially meets the review criteria, and moved to
approve the Prendergast Resubdivision Final Plat with no conditions,
and it passed unanimously.
B. REVISED SPECIAL REVIEW & DEVELOPMENT PLAN SR 2016-01.
Metes & Bounds Parcels; 1665 Highway 66, Lazy B Ranch & Wranglers,
Michelle Oliver/Applicant. Planner Gonzales stated the original
Development Plan SR 2016-01 was approved by the Town Board on July
26, 2016 with a condition the loading area location receive a variance to
the setback. The Board of Adjustment denied the variance request at their
September 13, 2016 meeting, thereby nullifying the Special Review
approval. The applicant has amended the original application to include
the loading area location in the Phase III parking lot versus alongside the
building. Additional landscaping has been included in the amended plans
to screen the new loading area location. The special operating times of the
entertainment event venue ensures there would not be a conflict between
the loading times and guest parking times.
Lonnie SheldonNan Horn Engineering stated the service doors would face
Mills Drive and be 180 feet from the closet residential property on Mills
Drive. Additional landscaping on Mills Drive and a secondary layer closer
to the building would provide additional screening of the service doors.
The applicant has agreed to pave the parking area in Phase I and add a 6-
foot board fence along the center line adjacent to the parking lot to screen
the loading area. Mr. Sheldon stated additional evergreen trees would be
added to the current landscaping plan to provide year-round screening of
the area. The parking lot would be a private parking lot and would be
monitored and use adjusted by the property owner.
Trustee Norris questioned how likely the chuck wagon dinner show would
be operated at this location. Planner Gonzales stated the applicants have
Board of Trustees — December 13, 2016 — Page 4
requested a Special Use permit at the Elkhorn Lodge for the 2017 summer
season.
Public comment against the amended Special Review was heard from Jay
Vetter/County citizen, Mike Eggan/County citizen, and Bryan Gillam /Rock
Inn owner. Comments have been summarized: the development does not
meet the standards of the Development Code; the Code requires a new
application for the amendment requested and would not be considered a
minor modification; a loading area cannot be located in a parking area per
the Code; questioned the type of business that would be using the facility
as the new Statement of Intent proposes weddings and other special
events; and the hours of operation would expand with the increased used.
The Board requested clarification on development issues from the
applicant. The applicant was not present to provide clarification.
Trustee Walker recused himself. After further discussion, it was moved
and seconded (Holcomb/Nelson) to find the application substantially
meets the review criteria, and move to approve the Special Review
Development Plan SR 2016-01 amendment with the conditions
recommended by staff and the changes recommended by the
applicant's consultant, and the motion failed with Mayor Pro Tem Koenig,
Trustee Martchink and Trustee Norris voting "No" and Trustee Walker
recusing himself.
C. ADOPTION OF THE 2016 ESTES VALLEY MASTER TRAILS PLAN AS
AN ELEMENT OF THE ESTES VALLEY COMPREHENSIVE PLAN. The
Estes Valley Comprehensive Plan included a vision for a valley -wide trail
system. The Trails Master Plan was adopted by the Estes Valley
Recreation and Park District earlier in 2016 after vetting it through the
community and with project partners. The certification of the plan would
incorporate the plan into the Comprehensive Plan and unify the approach
to planning in the valley.
John Meissner/Town citizen commented on the use of the word valley
rather than referring to the plan as the Estes Park Master Trails Plan.
It was moved and seconded (Koenig/Norris) to certify the Estes Valley
Master Trails Plan as an element of the Estes Valley Comprehensive
Plan, and it passed unanimously.
D. ORDINANCE #27-16 AMENDMENT TO ESTES VALLEY
DEVELOPMENT CODE REGARDING THE LONG-TERM RENTAL OF
ATTACHED ACCESSORY DWELLING UNITS (ADU'S). Director Hunt
provided an overview of the amendments stating the proposed accessory
dwelling unit amendments would address the workforce housing shortage,
which continues to be a primary goal within the Town Board strategic plan.
The amendments would remove the 1.33 times multiplier to minimum lot
size, remove the 800-sq. ft. limit, pre-existing ADUs complying with the
code could be rented, and the proposed sunset provision would allow
review of the amendment through a public process with a public hearing.
The amendments would require registration of the ADUs and provide the
Planning staff with data on the number of units in the valley. Planning
Commission reviewed the amendments and expressed concerns about the
proposed code amendment, including being a de -facto rezoning of single-
family districts, by introducing what could be construed as duplexes;
increasing density in single-family neighborhoods; and having unintended
consequences, such as increased traffic, additional infrastructure load, etc.
Commissioners also raised concems regarding the lack of enforcement. If
the amendment does not pass, staff would begin to enforce the current
code as it relates to ADUs.
Board of Trustees — December 13, 2016 — Page 5
Those speaking against the amendments included John Phipps/Town
citizen, Wes Hoffman/County citizen, Jay Heineman/County citizen, Rex
Poggenpohl/County citizen, Dick Spielman/Town citizen, and Art
Messal/Town citizen. Comments were summarized: the regulations would
alter the character of a single-family zoning district; the issue at hand
concerns zoning and not housing; the community needs to develop a new
master plan for the valley to identify needs and zoning; there are too many
unintended consequences to the proposed amendments; it tends to be bad
practice to bring illegal land use into compliance with new regulations;
there already exists a number of zoning districts for which ADUs can be
established; it would not be proper to rezone single family zoning districts
to 2 family zoning districts; residential property owners should not have to
sacrifice zoning to support businesses; the proposed amendments are
unenforceable; ADUs are not allowed under the current Comprehensive
Plan and would be a violation of zoning; the amendment would double the
density in a single family zoning district; and ADUs are appropriate for
caregivers, family members and larger properties, however, duplexes do
not belong in single family zoning districts.
Rita Kurelja/Estes Valley Housing Authority Executive Director stated
support for ADUs to provide additional workforce housing, which has been
identified in all housing assessments conducted during the past 17 years.
Other mountain communities such as Breckenridge have strengthened the
ADU program by dispersing ADUs throughout the community. Towns,
cities and counties have approved ADUs to address housing issues.
ADUS alone would not solve the housing issues experienced in Estes Park
but it would help. The housing issue would be solved by addressing a
number of smaller solutions.
Eric Blackhurst/Estes Valley Housing Authority Chairman supports the pilot
program for ADUs. He stated a number of homes in the 1960s and 1970s
were built as 2 family homes. The rezoning in 1999/2000 removed this
land use. The proposed amendments would help address the housing
issues in Estes Park.
Mary Murphy/County citizen suggested the Board consider adding a
requirement that the primary home must be owner occupied in order to
allow an ADU.
Board discussion followed and has been summarized: fail to see the impact
on the neighborhoods; the amendment would establish a defacto rezoning
of a number of properties in the valley; there may be a few items missing in
the proposed amendments such as requiring owner occupancy; allowing
ADUs provides the workforce a chance to live where they work; property
owners have an expectation of the zoning requirements and limitations
when they purchase their homes; a smaller experiment may be needed;
enforcement issues are a concern; suggested the Board complete vacation
home changes first before moving forward with ADUs; and the sunset
should be extended. Overall the Board was supportive of staffs attempt to
address ADUs; however, there continued to be concerns as stated in the
comments above.
Attorney White read the Ordinance. After further discussion, it was moved
and seconded (Holcomb/Walker) to approve Ordinance #27-16 as
drafted, based on findings of fact and conclusions of law as stated in
the staff memorandum dated December 15, 2016, and it failed with
Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Nelson, Norris, and Walker
voting "No".
Amended Substitute Motion, it was moved and seconded
(Martchink/Nelson) to approve Ordinance #27-16 as drafted, based on
Board of Trustees — December 13, 2016 — Page 6
findings of fact and conclusions of law as stated in the staff
memorandum dated December 15, 2016 with the addition under
heading 3 Limited on Tenancy that neither the principle or the ADU
would be allowed to be used as short term rentals, and it failed with
Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Nelson and Norris voting
"No".
It was moved and seconded (Holcomb/Walker) to continue the meeting
past 10:00 p.m. until the agenda has been completed, and it passed
unanimously.
Mayor Jirsa called a 10-minute break at 9:50 p.m.
E. ORDINANCE #28-16 AMENDMENT TO ESTES VALLEY
DEVELOPMENT CODE REGARDING ATTAINABLE HOUSING AND
WORKFORCE HOUSING. Director Hunt commented the concept for the
amendments have been developed over several months with the initial
concepts outlined in the Housing Needs Assessment completed in 2016.
The amendment would provide an incentive in the form of increased
density for properties that can demonstrate a commitment to provide
housing units for attainable and workforce housing. The amendment
contains the following: an increase in income threshold from 60% for rented
units and 80% AMI for owner occupied units to 150% AMI for both;
establish at least one member of the household maintains employment in
the Estes Valley; the Housing Authority would work in conjunction with the
Community Development department to ensure the project meets the
density bonus requirements; and the density bonus would increase from
1.5 to 2 times base zoning; i.e. an RM zoned lot would go from 8 units to
16 units per acre. The Estes Valley Planning Commission recommended
unanimous approval at their November 29, 2016 meeting. Attorney White
read the Ordinance.
Rita Kurelja/Estes Park Housing Authority Executive Director stated the
amendment would address the lack of housing, addresses the middle -
income needs, and expands the availability of a variety of housing options
for workforce housing. The amendments could provide smaller developers
an avenue to add affordable units to the housing stock.
It was moved and seconded (Norris/Holcomb) to approve Ordinance
#28-16 as drafted, based on findings of fact and conclusions of law,
as recommended by staff and the Estes Valley Planning Commission,
and the motion passed unanimously.
4. ACTION ITEMS:
1. PUBLIC HEARING — 2017 BUDGET — ADOPTION. Finance Director Hudson
presented the proposed budget and stated the budget was prepared with a
focus on balancing the General Fund and meeting the Board's goal to maintain
a 20% fund balance. The Town would reduce the mill levy to zero for 2017 in
order to address a portion of the $418,949 to be refunded in sales tax revenues
over collected from the 1A sales tax as outlined in the Tabor Notice. This
would be a temporary reduction and would reduce General Fund revenues by
an estimated $357,008 in 2017; however, transfers were made in 2016 from the
1A funds to reimburse the General Fund for the lost revenues. The Employee
Benefit fund was reduced from 8% to 2% with a switch to UMR. Funding for
the document management system was added to the Administrative Services
fund. The Community Services grants was increased to provide additional
funding to the Housing Authority, EVICS and refund the Road and Bridge tax
increase to Larimer County for the 1-25 project. An additional dispatcher was
added to the Police department and the training budget was made whole for the
patrol staff. Additional funds were added to the Street budget to address a
Board of Trustees — December 13, 2016 — Page 7
number of projects, including equipment rental for storm drain cleanout, radio
conversion from VHF to 800 Mhz, and repair to parking lots. Funds were
added to provide a Park-n-Ride shuttle from the Event complex to the Visitor
Center and Bond Park.
Public comment was heard from Shannon Faith/Town citizen, Cynda
Bash/Band Treasure, and members of the band Will Peters, Luke Sewara, Levi
Carpman, and Colin Sewara. The request was to fund the Band's Community
Service grant request of $1,000. The Band revenues from fundraisers has
declined over the years with the loss of the Big Band Bash ($4,000) and
potential loss of parking spaces to be used for Scotsfest parking in 2017 with
the construction of the Community Center ($6,500).
Katherine Whiteacre/Partnering Youth requested the reconsideration the
funding level for the important community benefit of Partnering Youth.
Jill Lancaster/EPRNC encouraged the Board to consider an increase in
Community Service grant funding stating the non -profits of the community
provide invaluable services to the community and the guests. She requested
consideration of an increase in funding for EPRNC to the 2016 level of $7,000.
Art Messal/Town citizen stated the Board should reduce the funding for the
Economic Development Council (EDC) and use the funds to support the other
organizations speaking at the evenings meeting.
Elizabeth FogartyNisit Estes Park President & CEO stated the organization
would provide the marketing for a springtime music festival to replace the Big
Band Bash if the Town Board would provide $5,000 to the Band organization.
Discussion followed on methodology used by the Community Service Grant
Committee in the recommendations to the Town Board, which included the
need to balance the budget and the priorities set by the Board through the
strategic plan. The Board agreed to review the requests after the first quarter
revenues have been received in April to determine the impact of the Hwy 34
road construction closure. The items may be added to the budget through a
budget amendment following the review.
It was moved and seconded (Norris/Holcomb) to approve Resolutions #22-
16 to set the 2017 Mill Levy, Resolution #23-16 to Adopt the 2017 Budget,
and Resolution #24-16 to Appropriate Sums of Money for 2017, and it
passed unanimously.
Colorado Budget Law requires a public hearing be conducted outlining how the
Highway Users Trust Fund revenues would be expended. 2017 revenues are
estimated at $288,508 and would be expended on items such as parking lot
maintenance, snow plowing, equipment, storm drainage maintenance, traffic
signs, street lights, operational expenses and personnel costs. It was moved
and seconded (Holcomb/Koenig) to utilize the Highway Users Trust Fund
for expenditures for striping, snow plowing, vehicle/equipment usage,
storm drain maintenance, traffic signs, street lights, and other related
road and street costs for 2017, and it passed unanimously.
2. RESOLUTION #25-16 2016 SUPPLEMENTAL BUDGET APPROPRIATIONS.
Director Hudson reviewed the supplemental appropriation Resolution which
allows a municipality to authorize additional money for a specific fund than was
originally adopted. The requested supplemental appropriations address both
revenue and expenditure differences from the approved 2016 budget.
Examples include increase in General Fund revenues due to an increase in
sales tax collection, increase in transfers in from the 1A funds to offset 2017
property tax reduction, and CDBG grant funds for the storm water master plan
and flood recovery project grant revenues; Community Reinvestment Fund
Board of Trustees — December 13, 2016 — Page 8
parking structure lease purchase proceeds increased the 2016 budget and
reallocation of the Moraine Avenue bridge grant proceeds to 2017; Street
Improvement Fund increased with an increase in 1A sales tax revenue and the
reallocation of the Dry Gulch project to the fund; L&P increased with the
addition of the Broadband grant funds and the reallocation of the fiber lease
revenues; and Water revenues increased with the rate increase. A number of
supplemental expenditures have been summarized: increase in benefit costs
for the Legislative Fund, increase in personnel costs for Community
Development and Police Patrol, decrease in personnel costs for Police
Communications, increase Engineering Fund with the costs for storm water
master plan moved from the Street Fund, and Museum Fund increased with the
appropriations for the remodel. Appropriations of $1.5 million were authorized
to remit 1A sales tax collection to the EVRPD for the Community Center.
Additional funds were appropriated to complete the Fall River trail master plan.
Approval of the 2016 revisions would leave the General fund with an estimated
21.6% reserves. It was moved and seconded (Koenig/Holcomb) to approve
Resolution #25-16 to amend the 2016 budget, and it passed unanimously.
3. ORDINANCE #26-16 LEASE PURCHASE AGREEMENT WITH FIRST
SECURITY SAULSBURY HILL FINANCIAL, LLC TO FINANCE THE
TRANSIT FACILITY PARKING STRUCTURE. Director Hudson stated in
working with Saulsbury Hill Financial, LLC and First Security Bank, the Town
has identified 2 properties, 18-hole golf course and Parks Maintenance shop
and greenhouse facilities, to be used for collateral for the financing agreement
of the 3rd and 4th parking levels. The agreement would be structured as a
lease/lease back under Colorado State Statutes, thereby neither Saulsbury Hill
Financial or First Security Bank would obtain title or development rights to the
properties even if the Town defaults on the agreement. Each would have a
leaseholder's right to operate the properties for income generation. The
interest rates have increased since the initial RFP award, and most notably
since the November 8, 2016 Presidential election. The rate has been locked at
3.95% through the anticipated closing date of January 23, 2017. The lease
purchase agreement may be paid off starting January 1, 2022 without any
prepayment penalty or extra fees, subject to the terms in the agreement. The
annual debt service has been calculated at $399,931,78. Attorney White read
the ordinance. It was moved and seconded (Holcomb/Martchink) to approve
Ordinance #26-16 authorizing the Town to enter into a lease -purchase
agreement with Saulsbury Hill Financial, LLC for purposes of funding
construction of a parking garage (Transit Facility Parking Structure), and it
passed with Mayor Jirsa voting "No".
5. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Holcomb/Martchink) to enter Executive Session
for a conference with the Town Attorney for the purposes of receiving legal
advice on specific legal questions per Section 24-6-402(4)(b), C.R.S., and it
passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting to Executive Session at 11:30 p.m.
Mayor Jirsa reconvened the meeting to open session at 11:56 p.m. and adjourned the
meeting.
Todd Jirsa, May
c"1Fie Williamson, Town Clerk