HomeMy WebLinkAboutMINUTES Town Board 2019-05-28Town of Estes Park,Larimer County,Colorado,May 28,2019
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 28th day of May,2019.
Present:Todd Jirsa,Mayor
Cody Rex Walker,Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: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 6:00 p.m.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Norris/Cenac)to discuss a personnel matter under
Section 24-6-402(4)(fl,C.R.S.and not involving:any specific employees who have
requested discussion of the matter in open session;any member of the Town
Board (or body);the appointment of any person to fill an office of the Town Board
(or body);or personnel policies that do not require discussion of mailers personal
to particular employees —Town Administrator Position,and it passed unanimously.
The Board entered Executive Session at 6:02 p.m.and concluded at 6:50 p.m.
Mayor Jirsa reconvened 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/Bangs)to approve the Agenda,and it passed
unanimously.
PUBLIC COMMENTS.
Charley Dickey/Town citizen thanked Trustee Norris,Trustee Bangs and Assistant Town
Administrator Machalek for participating in the Workforce and Childcare Task Force.He
looks forward to the development of recommendations for the Board’s consideration.
John Meissnerrrown citizen thanked Tom Hannah for hosting a meeting to discuss the
traffic issues on 3 Street.He stated the meeting was well attended by the Town staff
and Mayor Pro Tem Walker.
TOWN BOARD COMMENTS
Trustee Norris commented the Town hosted a public meeting to receive input on childcare
and housing issues.He stated the Task Force would present recommendations to the
Town Board at the study session on June 11,2019.He congratulated Sergeant Life and
his daughter on both graduating from college with a Masters and Bachelor degree
respectively.
Trustee Bangs thanked the roughly 50 people who attended the childcare and workforce
meeting and provided their feedback.She also thanked the artist for their submissions
to the Parks Advisory Board for the ongoing utility box painting project and banners for
the parking garage.
Board of Trustees —May 28,2019—Page 2
Trustee Cenac stated the Rooftop Rodeo Committee traveled to Stoneham,Colorado to
visit the stock contractor during the rough stock academy.She thanked the hospital and
ambulance service for their quick response in diagnosing and transporting her son for
emergency surgery.
TOWN ADMINISTRATOR REPORT.
None.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated May 14,2019 and Town Board Study Session Minutes
dated May 14,2019.
3.Town Board Strategic Planning Study Session Minutes dated April 3,2019 and
April 25,2019.
4.Estes Valley Board of Appeals Minutes dated February 1,2018,December 6,
2018,and May 2,2019(acknowledgment only).
5.Estes Valley Planning Commission Minutes dated April 16,2019 and Study
Session Minutes dated April 16,2019 (acknowledgment only).
6.Transportation Advisory Board Minutes dated April 17,2019 (acknowledgment
only).
7.Parks Advisory Board Minutes dated April 18,2019 (acknowledgment only).
8.Art in Public Places (AIPP)Approval of Decorating Utility Box (DUB)Art Proposals.
9.Art in Public Places (AIPP)Approval of Parking Structure Banner Art Proposals.
10.Intergovernmental Agreement with CDOT for Graves Avenue Improvements.
11.Local Marketing District Appointment of Tonya Humiston for a term expiring
December31,2022.
12.Transportation Advisory Board Appointment of Scott Moulton for a term expiring
March 31,2022.
13.Town Attorney Employment Agreement.
14.Third Extension of the Agreement to Operate Water System with Prospect
Mountain Water Company Inc.
Trustee Zornes requested the removal of Consent Item 8 for further discussion and
action.It was moved and seconded (Walker/Norris)to approve the Consent
Agenda Items I -7 and 9 -14,and it passed unanimously.
Item 8 -Art in Public Places (AIPP)Approval of Decorating Utility Box (DUB)Art
Proposals.Trustee Zornes questioned how the art was approved and why the
pioneer women submission was not selected.Brian Berg/Parks Division Supervisor
stated the Parks Advisory Board (PAB)reviews the applications submitted by the
artists through the Art in Public Places program and recommends art for the Town
Board’s final approval.The PAB had minimal discussion regarding the submission
and it was decided the submission by Michael Young was preferred for the location in
Bond Park.
Jean McGuire/League of Women Voters President stated the 1 00th anniversary of the
passage of the 1 amendment to the Constitution would occur in 2020.The Town
has a number of statues which commemorate the men in the community.She stated
the town should reconsider the pioneer women submittal to honor the contribution of
women in the community.
Town Administrator Lancaster recommended the utility box art request for proposals
in 2020 include the solicitation for the subject matter.
Board of Trustees —May 28,2019—Page 3
Johanna Darden/Town citizen stated the pioneer women submittal would be
appropriate for the Bond Park utility box because the park already contains a statue
of Enos Mills.The women of Estes Park should be represented in the park.
After further discussion,it was moved and seconded (Walker/Martchink)to approve
the Consent Agenda Item 8 as presented,and it passed unanimously.
2.REPORTS AND DISCUSSION ITEMS:(Outside Entities).
1.ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY UPDATE.Derek
Vinge provided an update on the organization’s activities,including a hiatus of the
‘Explore Your Store”program,continue to explore the development of a Chamber
of Commerce with the formation of an interim board and the goal to be open by
2020,advocating against the online sales tax changes being proposed by the
State,and Business After Hours would be suspended during the summer.
3.PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff
for Town Board Final Action.
1.ACTION ITEMS:
A.ORDINANCE 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE REGARDING THE “PARK AND RECREATION FACILITIES”USE
REVISING THE DEFINITION,REVISING THE PERMITTED USES TABLES,
AND ADDING SPECIFIC USE STANDARDS.Planner Woeber stated the
code amendment was presented to the Town Board at their April 9,2019
meeting and continued to provide the staff time to develop an inventory of
existing uses in the Estes Valley which may be impacted by the code
amendment.The inventory revealed there were more than seven private
Parks and Recreation facilities in the valley on land zoned residential,
including the Aerial Tramway,Elkhorn Lodge Stables,Cheley Camp,YMCA,
Sombrero Ranch,MacGregor Ranch,unspecified private waters,climbing on
private property through an agreement located off Elm Road,and climbing on
the Thumb of Prospect Mountain.
Discussion followed by the Board and has been summarized:questioned if
the code amendment would prevent private commercial recreation in
residential zones;the amendments would not allow the currently conforming
legally operating businesses to expand and grow because they would
become non-conforming uses;can a variance be granted for the current
businesses to operate;and questioned whether a business impacted by fire
could rebuild if it was non-conforming.
Planner Woeber stated the Board could approve the current amendment and
address the non-conforming use through an additional amendment such as
allowing a one-time alteration on a limited basis,use not provided for
classification could be developed and would not be recommended,or Special
Review process developed.
Attorney White commented with the adoption of the amendment the
properties would become non-conforming and subject to the non-conforming
use regulations of the Estes Valley Development Code,including no
enlargement of a non-conforming use,the use is forfeited if abandoned for a
year or more,and if the non-conforming use is damaged up to 50%you may
rebuild it within a year.
Those speaking in favor of the code amendment included Diane Ernst/Town
citizen,Bob LeaviWCounty citizen and Planning Commission Chair,Richard
Ralph/Town citizen,Virginia Page/Town citizen,Jay Vetter/County citizen,
and Johanna Darden/Town citizen.Comments have been summarized:
commercial expansion in residential zones would have a negative impact on
the development of housing,quality of life,development of low-density
Board of Trustees —May 28,2019—Page 4
housing,and attracting and maintaining families;park and recreational
facilities should be an accessory use in the accommodation zoning districts
and not a use by right;a separate zoning could be created to address the
non-conforming uses created by the code amendment;and continuing the
item may prevent development applications from being considered and limit
business opportunities
Jon Nicholas/Economic Development Corporation Executive Director stated
the amendment would prohibit private activity in residential zones,however,
public activity would not be impacted by the amendment.The government
can continue to develop park and recreational activities in residential zones
through a Location and Extent review.Outdoor activities are the community’s
brand;therefore,the community should support the reinvestment by these
businesses.He would support the extension of the moratorium and revisit
the definition.
Further Board discussion was heard:the businesses identified built this
community and the code amendment would make them non-conforming;the
extension should be continued to provide staff time to bring forward an
ordinance to address the non-conforming concerns;the Ordinance has been
recommended by staff and approved unanimously by the Planning
Commission;the historic businesses should be considered and the item
should be tabled until the issue on non-conforming use has been addressed;
and confident staff and the Planning Commission could address the non
conforming use with an additional amendment.
Attorney White read the ordinance into the record.It was moved and
seconded (Walker/Bangs)to continue the amendment as stated in
Ordinance 05-19 to the Town Board meeting on July 23,2019 and in
order for staff to pursue how to handle exiting uses in those zones that
don’t result in them being a non-conforming use,and it passed with
Trustees Norris and Zornes voting “No”.
3.ACTION ITEMS:
1.SET DATE FOR WATER RATE PUBLIC HEARING.Superintendent Eshelman
stated the Water division has been conducting a water rate study for 2020 —2022
with AE2S.The division requested the Board set a public hearing date of July 9,
2019 to consider the water rates proposed by the study.
Shawn Gaddie/AE2S provided the Board and citizens with a review of the current
rate study which took into consideration the need to ensure reliable,efficient and
up-to-date water infrastructure,revenue stability and reserve funding,and an
equitable structure.The division’s cost are largely hard operating costs.The
revenue requirements include the addition of staff and the replacement of the
Glacier Water Treatment Plant in 2024.The rate study indicated the residential
class has slightly overpaid in 2019 relative to allocated costs and the commercial,
bulk water and pumped flow underpaid.The proposed rate increases would
address the inequities with a lower rate increase for residential through 2024.Due
to the seasonality of the water use,the study has proposed the adoption of a
common residential minimum of 2,000 gallons of consumption.Use over 2,000
gallons would be charged at a volumetric rate.Non-residential rates have been
proposed to have an increase in fixed rates and a lower volumetric rate increase
over time.After further discussion,it was moved and seconded (Norris/Zornes)
to set the public hearing for July 9,2019,and it passed unanimously.
2.WILDFIRE HOMES ADDITION ANNEXATION.Planner Hathaway presented an
application to annex approximately 16.082 acres located west of Dry Gulch Road
along Wildfire Road.The properties are currently zoned 0-Office,E-Estate,RE
Rural Estates,and CH-Commercial Heavy.An application to rezone the properties
has been filed with Community Development to a combination of 0-Office,E
Estate,R-Single Family Residential,and RM—Residential Multi-Family.A pre
Board of Trustees —May 28,2019—Page 5
annexation agreement has been included to provide provisions the subject
properties may not be annexed should the proceeding development applications
are not approved,including rezoning,subdivision,development plans for
condominiums,and condominium maps.Therefore,the filings and recordings may
not be completed until the final approvals occur.The future development proposes
an office for Crossroads Ministry,14 detached single-family homes,26 single
family townhomes,and 88 multi-family workforce condominiums.
Melissa Westover/Pine Tree Drive a co-applicant with her husband and Richard
Allnut and his wife Susan Hughes provided a review of how the project came
together and their desire to provide workforce housing while addressing other
needs in the community,including an upgraded building for Crossroads Ministry.
Lucia Lily/Lily Law Office provided a review of the proposed development which
eliminates commercial heavy property adjacent to residential properties and
provides needed workforce and residential housing.She further reviewed the
timeline of the development application,including the rezoning,right-of-way
vacation,subdivision,development plan,preliminary plats,and condominium
plats.
Joe Holtzman/Town citizen stated support for the annexation and the project.
Trustee Cenac questioned the financial advantage of annexing the property.Mrs.
Lily stated the development of the project within town limits would be more costly
to the applicants due to development costs for public improvements.
It was moved and seconded (Norris/Bangs)to approve the Pre-Annexation
Agreement,and it passed unanimously.
It was moved and seconded (Norris/Walker)to approve Resolution 03-19,and
it passed unanimously.
Afforney White read the ordinance into the record.It was moved and seconded
(Norris/Walker)to approve Ordinance 13-19,and it passed with Trustee Cenac
voting “No”.
3.RESOLUTION 14-19 SETTING THE SPECIAL RECALL ELECTION.Town Clerk
Williamson presented the Certificate of Sufficiency for the petition to recall Mayor
Pro Tem Cody Rex Walker.The Recall Petition was submitted to the Town Clerk
on April 16,2019 with 578 signatures.The petition was certified on April23,2019
with 454 signatures.Four protests were filed within the 15-day protest period with
a hearing held on May 10,2019 and a final Certification of Sufficiency provided on
May 15,2019 by the hearing officer Per 31-4-503(4)the Town Board must set a
date for the election (on any Tuesday)not less than 30 days nor more than 90
days from submittal date to the Board.The Special Recall Election includes
replacement candidates,and candidate nomination petitions must be made
available the day after the Board sets an election date.Clerk Williamson
recommended the election occur on Tuesday,August 20,2019 as a mail ballot
election.It was moved and seconded (MartchinklZornes)to approve
Resolution 14-19,and it passed with Trustee Walker recusing himself.
Whereupon Mayor Jirsa adjourned the meeting at 9:25 p.m.
J ie Williamson,Town Clerk
Todd Jirsa,iyor
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