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HomeMy WebLinkAboutMINUTES Town Board 2014-07-22Town of Estes Park, Larimer County, Colorado, July 22, 2014 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Pork, Lahmer County, Colorado. Meeting held in the Town Hall in said Town ofEstes Park onthe 22n^day ofJuly, 3014. Also Present: William C.Pinkham, K4avur Wendy Koenig, Mayor Pro Tenl Trustees John Ericson Bob Holcomb Ward Nelson Ron Norris John Phipps Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent None Mayor Pinkham called the meeting to order at 7I0 p.m. and all desiring to do nn. recited the Pledge of Allegiance. PROCLAMATIONS Mayor Pinkham proclaimed July September 2014 as the ^Eob*s Park United Campaign" in the Estes Valley and proclaimed July 21 —22. 2014aa "Estes Parkin PUBLIC COMMENTS. Bill Urquhart/Town citizen stated vacation home rentals should not occur inresidential neighborhoods. The inonyaoo of vacation home rentals has increased nationwide with local municipalities increase regulations and enforcement in response tothe growing band. The question to be considered in what type ofcommunity wawant. These businesses are making money at the expense ofthe community. Rebecca Urquhart/Town citizen commented the increase in vacation homes within the Town has made this a great place to visit but not to live. Vacation homes in residential neighborhoods are unsupervised motels with activities that are not in line with residential neighborhood character. Vacation homes are a timeshare that pays the owner and provides them a0ne place tostay. She requested the residential zoning district require rentals of no |eue than thirty days and enforce the regulations currently in place. TRUSTEE COMMENTS. Trustee Ericson reminded the public the Community Development/Community Services Committee meeting would be held on Thursday, July 24 t^ ad8:0O a.m. in the Board Room. The Estes Valley Recreation and Parks District would hold u community meeting on Ju|y23m at 5:30 p.m. in the Board Room to review the design for the proposed Community Recreation Center. Trustee Phipps provided mreview of the items discussed atthe Planning Commission meeting unJuly 15m including Rdmn Ridge Subdivision, amendments hamicro and oonwanUnnu| liquors, Fort Morgan Subdivision amended p|mt. Extent and Location Review for Estes Perk Sanitation Distriot30OO aq ft building at the current |ooaiion, and possible amendments for assemblies. Planning staff in reviewing e revised development plan for Falcon Ridge for consideration at the August meeting. Board of Trustees — July 22, 2014 — Page 2 Mayor Pro Tem Koenig stated Western Heritage continues to move forward with the second phase of reorganization to become a 501c3 nonprofit. The Sister Cities organization hosted students from Costa Rica recently. Trustee Holcomb commented the Park Advisory Board meeting was cancelled in July due to a lack of a quorum. He recognized Western Heritage and Town staff for an outstanding Rodeo week. Trustee Norris stated the Visit Estes Park (LMD) discussed the establishment of Policy Governance at their recent meeting and CEO Fogarty would provide an update to the Town Board at the August 12th meeting. League of Women Voters dedicated a new recycle/trash container in collaboration with the League, the Town and business owners that sponsored containers. TOWN ADMINISTRATOR REPORT. Jackie Gould/Regional Director of the Bureau of Reclamation contacted the Town to discuss the letter sent by the Town for further cleanup of flood debris. She stated the Bureau continues to review the impact to their operation of flood debris and possible cleanup options. A format response would be forthcoming. 1. CONSENT AGENDA: 1. Town Board Minutes dated July 8, 2014 and Town Board Study Session Minutes dated July 8, 2014. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works, July 10, 2014: 1. 2014 Freightliner M2106 single axle dump truck, Transwest Trucks, $126,556 — Budgeted. 4. Transportation Advisory Committee dated June 18, 2014 (acknowledgement only). 5. Estes Valley Planning Commission dated June 17, 2014 (acknowledgement only). 6. Appointment of Merle Moore to the Parks Advisory Board for a term expiring on December 31, 2017. It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS. 1. CONSENT ITEM: 1. AMENDED PLAT, Lots 1, 2, & 3, Sixth Green Estates, 1255-1295 Sixth Green Lane; Edward L. Peterson/Owner. It was moved and seconded (Koenig/Norris) to approve the Consent Agenda with the Planning Commission recommendations, and it passed unanimously. 2. ACTION ITEMS: 1. MINOR SUBDIVISION, Lot 4 Good Samaritan Subdivision; Estes Park Housing Authority/Owner. Planner Kleisler. Board ofTrustees — July 22, 2V14—Page 3 2. DEVELOPMENT AGREEMENT, Lot 4Good Samaritan Subdivision; Estes Park Housing Item removed by staff. No action required. 3. FEE WAIVER, Lot 4Good Samaritan Subdivision; Estes Park Housing Authority/Owner. Planner Kleisler. Trustee Holcomb ocusedhimself from the discussion and vote onall items related to Falcon Ridge. Minor Subdivision Planner K]eisler reviewed the minor subdivision application stating the request would subdivide the 5.5 annn lot zoned RK4 into two |ote. Lot 1 (4.4 aovoa) and Lot 2 (1.1 acres). The Estes Valley Planning Commission recommended approval of the minor subdivision attheir June 17. 2014 meeting along with a development plan for 66 units on the two lots contingent on the approval of the amended annexation agreement to increase the density. With the denial ofthe amendment Vothe annexation agreement the Housing Authority plans hnmove forward with the 45units pn Lot 1 and eliminate the 21 undo proposed on Lot 2. The proposed subdivision complies with the Estes Valley Development Code. provides lots of reasonable utility and |ivabi|ity, and allows the Housing Authority to utilize funding sources for the proposed attainable housing project. Fee Waiver Planner 0oislerpresent arequest from the Estes Park Housing Authority 0o waive development application fees for the Falcon Ridge davoopm*rk, including first amendment tnthe annexation agreement, development plan, minor subdivision, development agreement, fee waiver administration, letter ofcredit, and building permit and review fees for atotal waiver uf$58.422. Rita KuroUa/EPHADirector stated the subdivision must occur due tothe tax credit funding and ownership structure. The investor/limited partner becomes the majority owner with 99.996 ownership in the Falcon Ridge development and the Estes Park Housing Developer and General Partner with 0.1%ownership. The investor would invest $8.5to$8million and the Housing Authority would manage the property. The investor would own 00.9% of the land and without the subdivision the Housing Authority could not build the additional 5 units until the 15year agreement expires. CHFA requires projects to be certified and in compliance with Enterprise Green Communities criteria 2.1 which ato0ue ''Nevv development will not be within 100 feet of weUandn..^, therofore, the development cannot be moved closer b/the wetlands osrequested bythe neighbors. Rich EkwaU8-ovo|and Housing Authority restated the funding scenario outlined by DiraotorKurelja as it relates to tax credit financing. He state the oxoeeo land creates additional operational expenae, and than*fone, it is o liability to the investor. Subdividing the land allows the Estes Park Housing Authority the ability to develop the land with the additional 3 units at a later date. The land has value hothe community and should be preserved for future use. Lucia LUey0-i|ey, Rogers & [NorteU. LLC representing the Estes Pork Housing Authority stated the minor subdivision meets all the requirements of the Estes Valley Development Code and simply divides the property into two lots. The approval ofthe subdivision does approve the development on Lot 1 or Lot 3. She stated mediation would not be appropriate for a development plan that must meet specific development requirements. The Housing Authority would be holding u neighborhood meeting to discuss the development further. Board of Trustees — July 22, 2014 — Page 4 Those speak against the minor subdivision included Lisa Foster/Town citizen, Pam Seavers/Town citizen, Steve Krueger/Town citizen, and Alex Kostadinov/Town citizen. The citizens contend the subdivision is not to preserve the right to build 3 additional units, rather the full 21 units allowed by the code and requested during the annexation agreement amendment. Those speaking requested the Housing Authority redesign the development and disperse the units across the entire lot rather than crowd the units on one lot closest to the Neighborhood Subdivision. Mr. Krueger requested mediation between the neighbors and the Housing Authority. The Boards comments have been summarized: Trustee Norris stated there are a number of items that could be addressed in the Falcon Ridge development plan to alleviate the Neighborhood concerns; Trustee Nelson commented the only item for consideration is the minor subdivision and not the development plan which is approved by the Planning Commission and not the Town Board; and Trustee Ericson stated concern with the Housing Authority's lack of concern for its neighbors and their concerns. After further discussion, it was moved and seconded (Koenig/Phipps) to deny the Minor Subdivision, Lot 4 Good Samaritan Subdivision, and it passed with Trustee Nelson voting "No" and Trustee Holcomb abstaining. It was moved and seconded (Norris/Koenig) to approve the fee waiver for the Falcon Ridge Subdivision, Development Plan and building permit fee waiver of $56,422, and it passed with Trustee Ericson voting "No" and Trustee Holcomb abstaining. Mayor Pinkham called for a 10 minute recess at 8:50 p.m. and resumed the meeting at 9:00 p.m. 4. ORDINANCE #13-14 - Amending Estes Valley Development Code Regarding Manufacturing of Micro-Craft/Conventional Liquors. Planner Kleisler reviewed the proposed amendments to the code to allow micro and conventional breweries, wineries and distilleries in the Estes Valley. Brewpubs would be allowed in the zoning districts already established but limit their use in A Accommodation, 0 Office, and 1-1 Restricted Industrial zoning districts to an accessory use. Micro businesses and associated tasting/taprooms would be regulated through a maximum square footage of 15,000 sq. ft. and be allowed as a principle use in the CD Commercial Downtown and CO Commercial Outlying zoning districts, as an accessory use in the 0 and 1-1 districts, and allowed through a Special Review in the CH Commercial Heavy zoning district. Large scale production would be permitted in the 1-1 zoning district. He stated staff reviewed the use in the A-1 zoning district and would not recommend allowing micro businesses as a use by right as over 30% of the properties share a lot line with a residential use and 58% are within 100 feet of a residential property. Jon Nicholas/Town citizen and Economic Development Council Director commended staff on an excellent process and the information provided on the topic. The community would benefit from the economic development of these types of businesses and would be a catalyst for redevelopment in the valley. Kent Smith/Town citizen and Estes Valley Partners for Commerce Vice President (EVPC) stated he and the EVPC are in favor of the code amendments. He too appreciated the efforts by staff. Board of Trustees — July 22, 2014 — Page 5 Attorney White read Ordinance #13-14. After further discussion, it was moved and seconded (Norris/Nelson) to approve Ordinance 13-14, and it passed unanimously. 3. ACTION ITEMS: 1. WATER MASTER PLAN SCOPE OF SERVICES. Director Bergsten and Coordinator Rusch presented a request to approve a Water Master Plan scope of services and funding. The Town's 10-year Water Master Plan was last completed 29 years ago. The plan needs updating for the following reasons: the current demand projection was completed prior to the economic downturn in 2008; existing prioritization of capital projects does not account for both plant and distribution needs; the geospatial computer model of the distribution system has matured; and staff requires an engineering model of the system. The 2014 budget does not include funding for the completion of the plan; however, it was budgeted in 2013 and not initiated due to flood recovery efforts. The Town received three proposals that were reviewed by the Water and Public Works staff. Frachetti was recommended as the Town would benefit from their review of the existing studies along with their experience working with smaller seasonal systems in mountain communities. The scope of services would include completion of the Master Plan (raw water rights, demand projection, capital projects and distribution model) water rights strategy review, lab testing, and contingency for a not to exceed amount of $100,000. After further discussion, it was moved and seconded (Norris/Holcomb) to approve the water master plan scope of services with Frachetti as outlined above, and it passed unanimously. It was moved and seconded (Norris/Phipps) to extend the meeting to 10:30 p.m. and the motion passed, with Trustee Ericson voting "No". 2. RESOLUTION #15-14 DEVOLUTION (TRANSFER) OF HWY 34 FROM MORAINE AVENUE TO WONDERVIEW BYPASS FROM THE COLORADO DEPARTMENT OF TRANSPORTATION TO THE TOWN OF ESTES PARK Project Manager Zurn stated the devolution of a portion of the State Highway 34 from Moraine Avenue to Wonderview bypass to the Town of Estes Park has been proposed by CDOT in exchange for $4.2 million. The new roadway would be maintained by the Town as new right-of-way. The funds would be used as the Town's matching funds for the FLAP grant to realign downtown as a one-way couplet. The resolution outlines the Town's intent to take ownership of the right-of-way and use of the funds as described above. Once executed CDOT would draft a formal agreement for the devolution of the roadway and require approval by the Town Board. It was moved and seconded (Ericson/Koenig) to approve Resolution #15-14, and it passed unanimously. 4. REPORT AND DISCUSSION ITEMS: 1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Manager Zurn stated substantial completion of the Event Center main floor area which continues to be utilized under a temporary occupancy certificate. The lobby area, ticket area, and conference rooms are not occupied or being used at this time and are receiving the installation of drywall, stone, paint, and wood trim. The raising of the silo feature has begun and should be weathered in within a few weeks. The design of the second floor of the silo has begun and pricing of the structural, mechanical, electrical and finishes should be available soon. 2. PUBLIC INFORMATION OFFICE QUARTERLY REPORT. Public Information Officer Rusch provided an update on public information activities during the past quarter, including continued flood response and recovery (stream corridor master plans, river advisory committee assistance, Fish Board of Trustees — July 22, 2014 — Page 6 Creek technical advisory committee, and partner communication and support), public information related to planning efforts (staff training for emergency response/communication, Citizen Survey 2014, FLAP grant, event complex, bear education and American in Bloom), Town newsletter, social media and preparing for the upcoming migration to a new website platform offered by the Statewide Internet Portal Authority. Whereupon Mayor Pinkham adjourned the meeting 10:20 p illiam C. Pinkham May or ¢ �3r,Q Williamson, Town Clerk