HomeMy WebLinkAboutPACKET Town Board 2019-06-11The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, June 11, 2019
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2.Town Board Minutes dated May 28, 2019 and Joint Study Session Minutes dated May
15, 2019.
3.Estes Valley Board of Adjustment Minutes dated February 5, 2019, March 5, 2019 and
May 15, 2019 (acknowledgment only).
4.Family Advisory Board Minutes dated May 2, 2019 (acknowledgement only).
5.Contract for Brodie Avenue Improvements Construction with Coulson Excavating Co.,
Inc., for $1,300,413.50 Budgeted.
6.Contract for 2019 Shuttle Services with RAPT Dev USA, dba Rocky Mountain Transit
Management for $388,561.76 Budgeted.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1.ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Sidles & PAO
Patterson.
LIQUOR ITEMS:
1.TRANSFER FERMENTED MALT BEVERAGE OFF PREMISE LICENSE FROM
SHAMBALA INC. DBA FAMOUS EASTSIDE GROCERIES TO LUCKY 7 LLC DBA
FAMOUS EASTSIDE GROCERIES, 381 S SAINT VRAIN AVENUE, ESTES PARK,
CO 80517. Town Clerk Williamson.
ACTION ITEMS:
1.ADOPTION OF THE STANLEY PARK MASTER PLAN UPDATE. Director Hinkle.
Stanley Park Master Plan update intended to be a guiding document for future
development of Stanley Park, including the Events Complex, Museum and recreational
park.
Prepared 05-31-2019
*Revised 06-07-2019
*
1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. ORDINANCE 12-19 ADOPTING THE 2018 MODEL TRAFFIC CODE. Director
Muhonen.
3. ORDINANCE 14-19 EXTENDING THE TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS. Planner Woeber.
Request to extend the moratorium for application and review of any park and
recreation facilities, in any residential zoning district, to August 12, 2019.
REQUEST TO ENTER EXECUTIVE SESSION:
For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any
specific employees who have requested discussion of the matter in open session; any
member of the Town Board; the appointment of any person to fill an office of the Town Board;
or personnel policies that do not require discussion of matters personal to particular
employees – Town Administrator.
ADJOURN.
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Town 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)(f), 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 matters 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 Meissner/Town citizen thanked Tom Hanah for hosting a meeting to discuss the
traffic issues on 3rd 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. DRAFT3
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
December 31, 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 1 - 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 100th anniversary of the
passage of the 19th 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.
DRAFT4
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 Leavitt/County 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 DRAFT5
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 O-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 O-Office, E-
Estate, R-Single Family Residential, and RM–Residential Multi-Family. A pre-DRAFT6
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.
Attorney 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 April 23, 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 (Martchink/Zornes) to approve
Resolution 14-19, and it passed with Trustee Walker recusing himself.
Whereupon Mayor Jirsa adjourned the meeting at 9:25 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk DRAFT7
Town of Estes Park, Larimer County, Colorado May 15, 2019
Minutes of a Joint Study Session meeting of the Estes Park TOWN
BOARD and Larimer County Commission of the Town of Estes Park,
Larimer County, Colorado. Meeting held at Town Hall in the Board Room
in said Town of Estes Park on the 15th day of May, 2019.
Town Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs,
Cenac, Martchink, Norris and Zornes
County Commission: Chair Donnelly and Commissioners Johnson and Kefalas
Also Attending: Assistant Town Administrator Machalek, County Manager
Hoffman, Town Attorney White, Public Works Director
Muhonen, County Engineer Peterson and Recording
Secretary Disney.
Absent: None.
Meeting was called to order at 5:30 p.m by Mayor Jirsa and co-chaired by Larimer
County Commissioner Donnelly.
Mayor Jirsa and Commissioner Donnelly provided opening remarks and stated the joint
meeting would be a collaborative effort to discuss and consider the proposed Estes
Valley Stormwater Management Program and associated Stormwater Utility.
ESTES VALLEY STORMWATER MANAGEMENT PROGRAM AND ASSOCIATED
STORMWATER UTILITY: Public Works Director Muhonen provided an overview of the
Stormwater Master Plan and Stormwater Utility Feasibility Study. He highlighted the
estimated costs for projects and stormwater survey results; and detailed four options on
implementing the utility fee for discussion and consideration. The Boards discussed
sales tax amounts, timelines, and shifting the scope of the program.
PUBLIC INPUT:
Brenda Wyss/County citizen, Connie Phipps/Town citizen, Greg Cenac/County citizen,
Joe Holtzman/Town citizen, Bill Van Horn/Town citizen, and David Cordes/County
citizen spoke against the stormwater utility regarding: the undefined fee rate, the
charges would not be based on user consumption, the projects associated with the fee
would only benefit the downtown, fishing recreation would be compromised, potential
inaccurate results of the citizen survey, the 2016 hydrology analysis, and the 30-year
timeline to complete projects associated with the stormwater utility. The Boards were
urged to re-examine the floodplain following completion of the downtown loop.
Lori Schwartz/County citizen and Jennifer Waters/Town citizen spoke in favor of the
stormwater utility fee regarding its necessity and the increased ability to receive
financial support for future potential floods as a result of the stormwater utility. Concerns
were voiced on the tiered fee structure as it relates to acreage as opposed to
impervious area.
Jon Meissner/Town citizen requested no further citizen surveys be conducted regarding
the stormwater utility and stated the utility should only be paid for by those who want to
receive its benefit.
David Converse/County citizen agreed the town and county should prepare for the next
flood event and urged the Boards to consider basing fees on lot size and not impervious
area, similar to property taxes, and the effect on emergency services should another
flood occur. He questioned when the downtown would receive discounts in flood
insurance costs. DRAFT8
Joint Town Board Study Session – May 15, 2019 – Page 2
BOARD DISCUSSION & STAFF DIRECTION:
The Boards discussed federal flood maps and the effects of not accepting them, steps
of doing a new hydrology analysis, ecological ramifications, increased costs and
timeline of completing the projects associated with the fee. The Town Board
determined, with support of the County Commissioners, to postpone the implementation
of a stormwater utility, pursue the 2019 BUILD Grant for Big Thompson River channel
work and bridge replacement, to further discuss sales tax options, and revisit the 2016
hydrology analysis.
There being no further business, Mayor Jirsa adjourned the meeting at 7:42 p.m.
Kimberly Disney, Recording Secretary DRAFT9
10
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
February 5, 2019, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete
Smith, John Lynch
Attending: Members Poggenpohl, Smith, Lynch
Also Attending: Senior Planner Jeff Woeber, Planner I Robin Becker, Recording
Secretary Karin Swanlund
Absent: Moreau, Newsom
Chair Poggenpohl called the meeting to order at 9:00 a.m. There were 3 people in
attendance. He introduced the Board Members and staff.
1. AGENDA APPROVAL
It was moved and seconded (Smith/Lynch) to amend the agenda to fulfill the bylaw
requirements to elect annual officers. The motion passed 3-0.
Chair Poggenpohl stated that alternating the President between Town and County is no
longer required due to the most recent IGA. He also recommended that an alternate be
appointed in case of tie votes in a quarum of four. He volunteered to remain Chair one
more year. He also noted that Pete Smith will be leaving the board at the end of his term
in April.
Lynch made a motion to nominate Poggenpohl for Board Chair and Moreau for Vice
Chair, Smith seconded. The motion passed 3-0
2. CONSENT AGENDA
Approval of minutes dated December 4, 2018
It was moved and seconded (Smith/Lynch) to approve the minutes for December 4,
2018 as presented and the motion passed 3-0.
3. 1545 Hummingbird Drive, Donald and Kathy Townsend, owners
Planner Woeber requested continuance of this item to the March 5 Board of Adjustment
Meeting.
4. 1711 Mills Lane, Jay Vetter, owner
Planner Becker reviewed the variance request, which would allow one 2’ side setback and
one 13’ side setback in lieu of the 15’ required setbacks in the A-1 Accommodations zone
district allowing the two existing structures to remain. The owner was aware of the
nonconformity at the time of purchase but unaware this would cause a problem securing
an “as built” permit to satisfy the Vacation Home Life Safety inspection required by
Larimer County. Staff recommended approval of the variance.
11
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
November 6, 2018
Board Questions:
Poggenpohl requested that the March meeting include an explanation of the difference
between Vacation Homes and Bed and Breakfasts and what the Life Safety Survey
entails.
Applicant Remarks: Jay Vetter explained his vacation home and property situation to
the board.
It was noted that the lot size is 0.42 acres and A1 zoning is a one acre minimum. There
are numerous lots with similar lot sizes on Mills Drive.
It was moved and seconded (Smith/Lynch) to approve the requested variance with
findings and conclusions as outlined in the staff report. The motion passed 3-0.
There being no other business before the Board, the meeting adjourned at 9:25 a.m.
___________________________________
Rex Poggenpohl, Chair
__________________________________
Karin Swanlund, Recording Secretary
12
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
March 5, 2019, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete Smith,
John Lynch
Attending: Members Poggenpohl, Lynch, Moreau, Newsom
Also Attend ing: Director Hunt, Senior Planner Woeber, Code Compliance Officer Hardin,
Recording Secretary Karin Swanlund
Absent: Smith
Chair Poggenpohl called the meeting to order at 9:00 a.m. He introduced the Board Members
and staff.
1. AGENDA APPROVAL
Chair Poggenpohl requested two additional discussion items be added to the agenda.
It was moved and seconded (Poggenpohl/Newsom) to approve the updated agenda.
The motion passed 4-0.
2. CONSENT AGENDA
Approval of minutes dated February 5, 2019
There was not a quorum to approve the minutes for February 5, 2019. Approval will take
place at the next meeting.
3. REQUEST OF RECONSIDERATION OF OFFICER ELECTIONS
Vice Chair Moreau questioned last month’s election of officers and not changing the Chair and
Vice Chair or alternating between town/county members. He also stated he would prefer all board
members be present when deciding elections. Newsom agreed with Moreau. Director Hunt noted
that it is no longer an IGA requirement to rotate. Member Smith has announced that he will not be
reapplying when his term is up in May.
It was moved and seconded (Moreau/Lynch) to reconsider the February election of officers.
The motion passed 4-0.
It was moved and seconded (Newsom/Moreau) to elect Jeff Moreau Chair and John Lynch
Vice Chair. The motion passed 4-0.
4. 1545 HUMMINGBIRD DRIVE, Donald and Kathy Townsend, owners
Planner Woeber reviewed the variance request. The applicant applied for approval of a side
setback of 31 feet it lieu of the 50-foot minimum required for the RE, Rural Estate Zoning District
along the eastern property line. The request is to accommodate an addition to the existing
residence. Staff recommended approval of the request.
Commissioner Comments:
13
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
March 5, 2019
The single complaint came from the neighbor on the south, who owns a large property. The
subject property is heavily wooded, as are neighboring properties thus the addition will not be
visible. Questions were raised about the garage variance that was given to this property in 2015.
Director Hunt stated other more permanent solutions could be addressed for the nonconforming
lot, not requiring another variance. Approving the variance as applied for puts a new setback line
parallel to the property boundary so no future additions would be constrained.
It was moved and seconded (Lynch/Newsom) to approve the requested setback. The
motion passed 4-0.
5. Discussion on having an alternate board member
State statutes encourage having an alternate member, and having a minimum of four votes for
decisions. An alternate would make things more convenient and help when there is a shortage of
members available for a meeting. Hunt stated that having an alternate was removed from the IGA
years ago for reasons unknown.
It was moved and seconded (Poggenpohl/Newsom) to request appointment of two alternates
to the Board of Adjustment, one for Town and One for County. The motion passed 4-0.
6. Discussion on Zoning and Lot Conformity
Poggenpohl questioned if there is any way for the Board of Adjustment to give staff the authority to
approve setback variance requests that fall within a certain percentage of lot size per required
zoning size. Staff decisions would make it easier, cheaper, and less time consuming. Would
Public Notices be adequate transparency for this process? Hunt suggested having a hearing
officer hear certain types of variances, charging less for the application fee, still requiring a public
hearing but not in front of the board.
It was moved and seconded (Poggenpohl/Lynch) to request that staff investigate and come
up with alternatives and recommendations for simplifying certain variance requests and
conforming lot size proceedings over and above what we are experiencing now. The
motion passed 4-0.
7. REPORTS:
A) Code Compliance Officer Hardin explained the differences between Vacation Homes and Bed
and Breakfast properties. B & B rentals are not currently required to have a Life Safety Survey
however they are subject to the Code Compliance inspection. There is no cap on B & B’s.
B) Director Hunt reviewed the current IGA for the Town and County, noting that there is
discussion on not renewing it when it ends in February 2020. The Board of Adjustment is part
of this decision process and comments are welcome.
C) Discussion was had regarding the current state of the building department, hiring a new Chief
Building Official, and where the department is going in the future.
There being no other business before the Board, the meeting adjourned at 10:15 a.m.
___________________________________
14
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
March 5, 2019
Jeff Moreau, Chair
___________________________________
Karin Swanlund, Recording Secretary
15
RECORD OF PROCEEDINGS
Special Meeting: Estes Valley Board of Adjustment
May 15, 2019, 2:00 p.m.
Board Room, Estes Park Town Hall
Board: Chair Jeff Moreau, Vice-Chair John Lynch, Wayne Newsom, Rex Poggenpohl,
Pete Smith,
Attending: Members Moreau, Newsom, Poggenpohl
Also Attend ing: Director Hunt, Town Attorney Greg White, County Attorney Jeannine Haag,
Deputy County Attorney Bill Ressue, Recording Secretary Karin Swanlund
Absent: Smith, Lynch
Chair Moreau called the meeting to order at 2:00 p.m. He introduced the Board Members and
staff.
1. PUBLIC COMMENT
Rebecca Urquhart, 1955 Homestead Lane, objected to the Board going into Executive Session.
The recent court decisions regarding the Mountain Coaster are still in the appellate period, the
Board of Adjustment is still in a quasi-judicial stance, the Town and County are parties to the
litigation therefore any commuication regarding the legal status of those appeals should be dealt
with in an open hearing after notice and public comment. If there is a discussion of matters under
litigation, it is her opinion that when this matter comes back to the Board, there wil be grounds for
an appeal of the next hearing resulting in a third Board of Adjustment consideration. She
recommended postponement and that it be made part of a public hearing.
Poggenpohl asked if there was any other people invited to the Executive Session, to which
Attorney White replied no, in the opinion of the Attorneys, it was perfectly acceptable to have
discussion on the matter at hand.
2. REQUEST TO ENTER EXECUTIVE SESSION
It was moved and seconded (Moreau/Poggenpohl) to enter executive session for a
conference with the Board’s Attorneys for the purpose of receiving legal advice of specific
legal questions under C.R.S Section 24-6-402(4)(b). The motion passed 3-0.
Whereupon Chair Moreau adjourned the meeting at 2:05 p.m. to enter into Executive
Session.
Whereupon Chair Moreau adjourned the executive session and reentered open session at
3:00 p.m.
County Attorney Haag noted the wishes of the Board to have a public hearing regarding the
subject matter, thus having an additional meeting in the near future.
It was moved and seconded (Moreau/Newsom) to continue the meeting subject to a public
hearing, requesting staff find a date before the end of the month if possible. The motion
passed 3-0.
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RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
March 5, 2019
There being no other business before the Board, the meeting adjourned at 3:07 p.m.
___________________________________
Jeff Moreau, Chair
___________________________________
Karin Swanlund, Recording Secretary
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18
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Ryan Barr, EI, Pavement Manager
David Hook, PE, Public Works Engineering Manager
Date: June 11, 2019
RE: Brodie Avenue Improvements contract awarded to Coulson Excavating
Co., Inc. for $1,300,413.50, Budgeted
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works seeks approval from the Town Board for the construction contract with
Coulson Excavating Co., Inc. (Coulson) for the Brodie Avenue Improvements project
which includes Safe Routes to School (SRTS) grant funding for trail improvements.
Present Situation:
In fall 2017 Public Works submitted a Safe Routes to School grant application for trail
construction along the north side along Brodie Avenue. Brodie Avenue is located along
the southern boundary of the Estes Park School District property, and does not have a
pathway in place for pedestrians, bicyclists, and the school children. School Zone
Improvements are included in the Estes Valley Master Trails Plan, receiving a priority
rank of 6 in the ‘Short Term Opportunities’ section. Of the five trails ranked ahead, three
are the responsibility of other governmental agencies.
Four general contractors attended the mandatory pre-bid meeting on May 28, 2019.
After two weeks of advertising, one bid was received on June 5, 2019. The following
table contains the received bid and also the Engineer’s Estimate:
COMPANY CITY TOTAL FEE
Coulson Excavating Co., Inc. Loveland, CO $1,300,413.50
Engineer’s Estimate $1,122,839.20
The low bidder was Coulson. This contractor has extensive experience performing
roadway and trail projects along the Front Range and has a reputation of performing
quality work, including projects on the CDOT network. Coulson is also under contract
with the Town for the Elkhorn Resurfacing, 4th Street Rehabilitation, and local Overlay
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and Patching projects, and they are also performing the repaving work for CDOT on
State Highway 7.
Proposal:
Public Works proposes approving the construction agreement for the Brodie Avenue
Improvements project with Coulson Excavating Co., Inc. in the amount of
$1,300,413.50.
Advantages:
Construction of a 10-foot wide multi-use concrete trail along Brodie Avenue,
connecting Fish Creek Trail and Community Drive sidewalk
Improved safety of pedestrians and bicyclists in and around school areas
Provides roadway and drainage improvements
Continued implementation of the Estes Valley Master Trails Plan and the 2024
STIP Program
Utilization of Colorado Safe Routes to School grant funding
Disadvantages:
Disruption of traffic in the proposed work areas during construction
Construction is scheduled to continue into September 2019, however the project
has been phased to have the western portion of Brodie Avenue, up to the
Larimer County building driveway entrance, substantially complete prior to the
start of the Estes Park School District school year
Funds could be used on different projects
Action Recommended:
Staff recommends approving the attached construction agreement with Coulson
Excavating Co., Inc. in the amount of $1,300,413.50, and authorizing PW staff to spend
up to a total amount of $1,400,000.00 if needed to address unanticipated conditions
encountered during construction. Any award action by the Town is contingent upon
CDOT reviewing the contract and providing their concurrence to award.
Finance/Resource Impact:
This project will be funded from the 1A Street Improvement Fund account number 260-
2000-420.35-51 and the 1A Trails Expansion Fund account number 244-3400-434.35-
60.
Level of Public Interest
Public interest on this project is expected to be moderate.
Sample Motion:
I move for approval/denial of the construction agreement with Coulson Excavating Co.,
Inc. for the Brodie Avenue Improvements project in the amount of $1,300,413.50.
Public Works staff is authorized to spend an additional 7.7% contingency of $99,586.50
if needed to address unforeseen conditions encountered during construction.
Attachments:
Construction Contract Link
20
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Vanessa Solesbee, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: June 11, 2019
RE: Contract for shuttle services with RAPT Dev USA, dba Rocky Mountain
Transit Management
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
RAPT Dev USA dba Rocky Mountain Transit Management (RMTM) has made a service
agreement proposal to continue operating the buses for the 2019 Estes Transit (Free
Shuttle) Service. As in previous years, the Town’s contract with RMTM is a “piggyback”
off of the service contract between Rocky Mountain National Park with RAPT Dev USA.
Present Situation:
The Estes Park Free Shuttles served 82,096 riders in 2018 with approximately thirty
percent being local residents and summer workers.
Two out of three special events in 2019 have shown significant increases in
ridership:
o Winter Fest: 374% increase
o Wine & Chocolate: 5% decrease
o Whiskey Warm Up: 141% increase
The Shuttle Committee accepts regular requests for additional shuttle stops and
service days throughout the year from area businesses along with existing and
potential riders.
The 2019 summer shuttle season begins Saturday, June 22, 2019 and ends on Sunday,
September 8, 2019. Acceptance of this contract continues service for this year.
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Proposal:
RAPT Dev USA will lease four vehicles from Davey Coach not to exceed the prices
listed in Exhibit A of the attached 2019 Service Proposal, for each vehicle per month
and the Town of Estes Park will reimburse vehicle lease costs.
The hourly service rate for 2018 will be $64.20 which includes routine maintenance,
shuttle drivers, insurance, and fuel costs up to $2.75 a gallon for the five full-service
routes scheduled and additional services provided as listed in Exhibit A of the contract.
Advantages:
This contract extends continuity of a free shuttle service (fourteenth season) for
guests, summer worker, and residents of Estes Park and the surrounding
community.
The free shuttle service reduces the number of private vehicles on local roads and
the related noise and air pollution emissions.
Disadvantages:
The shuttle service is not free, and costs the taxpayers over $4 per trip in Town
subsidies.
The slow-moving and frequently stopping shuttles contribute to delay and congestion
of the traffic flow.
Action Recommended:
Acceptance of the service agreement proposal with RAPT Dev USA dba Rocky
Mountain Transit Management (RMTM) to provide shuttle services for the Town of
Estes Park, as detailed in the attached 2019 Contract for Services proposal.
Finance/Resource Impact:
This item is budgeted in the 2019 Transportation budget in the Transportation Fees line
item (#101-5600-456-22-60). The 2019 Service Proposal Total from RMTM is
$388,561.76 and the amount allotted in the Town’s budget for 2019 is $395,635.
Level of Public Interest
The known level of public interest in this item is low.
Sample Motion:
I move for approval/denial of the contract with RAPT Dev USA to provide shuttle
services for the Town of Estes Park.
Attachments:
2019 Contract for Services Proposal between RAPT Dev USA and the Town of Estes
Park Link
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6/13/2019
1
Ad‐Hoc Workforce
Housing and Childcare
Task Force
Recommendations
Town Board Study Session
June 11, 2019
Agenda
•Background
•Workforce Housing Recommendations
•Childcare Recommendations
•Not Recommended
•Next Steps
6/13/2019
2
Background – Task Force Purpose
•Created November 13, 2018 by Town Board
•Members
•Trustee Carlie Bangs
•Trustee Ron Norris
•Assistant Town Administrator Travis Machalek
•Develop recommendations for Town Board on
strategies and tactics to address Workforce Housing
and Childcare issues
Background – A Note
•What follows are recommendations from the Task
Force to the Town Board
•This is not a decision‐making meeting
•Decisions on Town Board adoption of any of these
recommendations will take place as part of the
Strategic Planning and Budget processes
6/13/2019
3
Background – Foundational
Documents
•Foundational documents as a base
•Town Strategic Plan (2019)
•Avalanche Economic Development Strategy (2015)
•Family Advisory Board Recommendations (2018)
•Housing Needs Assessment (2016)
•National Citizen Survey Community Livability Report (2018)
•Stanley Park Master Plan (2019)
Background – Evaluation Criteria
•Three main criteria to evaluate recommendations
•Administratively feasible?
•Politically acceptable?
•Measurable and consistent with the Strategic Plan Outcome
Areas?
6/13/2019
4
Background ‐ Public Engagement
•16 conversations with institutional stakeholders
•6 meetings with individuals responding to call for input
•3 focus groups with ~20 participants
•Project‐specific email (chtf@estes.org) ~15 emails
•Community Meeting with ~50 participants
Key Learnings from Public
Engagement
•Wide spectrum of views
•Balanced and deliberate approach advocated by
most
•Many have characterized these issues as a crisis,
but sentiment is not universal
•Need for ongoing, enhanced engagement
6/13/2019
5
Workforce Housing
Key Learnings ‐ 1
•Workforce housing is a complex and multifaceted
issue
•Lack of workforce housing is a serious issue for
many employers
•At least two distinct workforce housing needs
•Year‐round workforce (e.g. nurses, police officers, utility
workers)
•Seasonal workforce (expanded seasonal staffing needs)
•Needs and preferences are different, but each impacts the other
6/13/2019
6
Key Learnings ‐ 2
•“Workforce” is composed of many
different segments
•Income (40% to 150%+ Area Median Income)
•Housing preferences
•Rent/Own
•Long‐Term/Short‐Term
•Single Family/Apartments/Duplex/etc.
•Housing impacts are not uniform among stakeholders
•Large organizations appear to have a more urgent issue
(turnover/commuting)
Key Learnings ‐ 3
•Preserving community character while working to
address workforce housing issues is critical.
•Engagement indicates that Planning and Zoning
regulations are among the most powerful tools the
Town has to address workforce housing.
6/13/2019
7
Workforce Housing
Recommendations
•Summary of Town Role:
•Establish Role Clarity
•Provide Financial Support
•Adapt the EVDC
•Utilize Town‐Owned Land
•Ensure Accountability
WFH – Establish Role Clarity
•Draft, adopt, and publish Workforce Housing
Guidelines (WHG)
•Define “Workforce Housing” (% of AMI and work requirements)
•Articulate Town priority segments (income, housing preference,
etc.)
•Plain‐language explanation of regulations and incentives
•Participate in Housing Authority Led Strategic
Planning effort
•Clearly communicate Town’s role using WHG as a base
6/13/2019
8
WFH – Provide Financial Support
•Use a portion of annual surplus General Fund revenues to
support one‐time workforce housing and childcare
expenditures
•E.g. Land‐Banking and Assisting Housing Authority
•Use WHG to guide use of funds
•Increase ongoing budget funding for utility tap subsidies
•$50,000 roughly equates to a 50% subsidy for 10 units
•Future consideration of dedicated funding source as
financial needs become more clear (e.g. 1A sales tax
renewal)
WFH – Adapt the EVDC
•Prioritize EVDC Amendments on the Master List of Proposed
Amendments that impact housing
•Incentivize Downtown housing
•Implement the Downtown Plan
•Ensure the Comprehensive Plan update considers workforce
housing needs
6/13/2019
9
WFH – Utilize Town‐Owned Land
•Work with 3 rd party to develop Fish Hatchery
property with less‐dense housing
•Reassess previously submitted proposals
•Re‐evaluate Dry Gulch property for less‐dense
housing
•Ensure road access to property
•Begin land banking efforts for future community
needs including housing developments
•Coordinate and cooperate with the Estes Valley Land Trust
WFH – Ensure Accountability
•Designate Assistant Town Administrator as point
position
•Incorporate workforce housing into the strategic
plan
6/13/2019
10
Childcare
Key Learnings ‐ 1
•Severe lack of infant and toddler capacity
•Community awareness of this issue lower than
Workforce Housing
•Less referenced as problem by employers than
Workforce Housing
•Still critical to community sustainability
•Family Advisory Board has identified childcare as a critical need
6/13/2019
11
Key Learnings ‐ 2
•Efforts to expand capacity underway
•New Childcare District legislation
•Data is hard to come by, Childcare Needs Assessment is
a good start
•Difficult to fund infant/toddler care with fees that
working families can afford
•Increasing need for financial assistance from
community due to decreasing State support
Draft Childcare Recommendations
•Summary of Town role:
•Coordinate Community Efforts
•Provide Financial Support
•Utilize Town‐Owned Land
•Ensure Accountability
6/13/2019
12
Childcare – Coordinate
Community Efforts
•Convene leaders of local childcare capacity efforts
•Participate in County Strategic Plan childcare
capacity team
Childcare – Provide Financial
Support
•Draft and adopt funding policy to guide future Town
investments in childcare facilities
•Use a portion of annual surplus General Fund revenues to
support one‐time workforce housing and childcare
expenditures
•Land‐Banking
•Assistance with capital opportunities as they arise
•Direct ongoing funding to growing infant/toddler capacity
6/13/2019
13
Childcare – Utilize Town‐Owned
Land
•Use Town property to catalyze childcare projects
that are in line with Town’s Funding Policy
•Create list of Town‐owned property suitable for childcare
facilities
•Actively market through connections
•Begin land‐banking efforts for future community
needs including childcare facilities
•Coordinate and cooperate with the Estes Valley Land Trust
Childcare – Ensure Accountability
•Designate the Assistant Town Administrator as Point Position
•Incorporate childcare into the Strategic Plan
6/13/2019
14
Not Recommended
Not Recommended – Workforce
Housing
•Building and/or operating workforce housing
•Leading workforce housing efforts
•Leading development of a Workforce Housing
Strategic Plan
•Guaranteeing that new development provides
workforce housing
•Commercial Linkage Program
•Inclusionary Zoning
•Implementing no‐net‐loss provisions
•Hiring a Housing Coordinator
6/13/2019
15
Draft Not Recommended –
Childcare
•Providing childcare
•Providing five (5) acres in Stanley Park for future
childcare facility
•Creating a Town‐operated scholarship fund
Next Steps
•Incorporate recommendations into strategic plan
process
•Quarterly review of Strategic Plan process
•Dissolve Ad‐Hoc Task Force effective June 11th
•Maintain “Parking Lot” list of items for future
consideration
•Ensure longer‐term considerations are included in
future Comprehensive Plans
6/13/2019
16
Questions?
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jackie Williamson
Date: June 11, 2019
RE: Liquor Licensing: Transfer of Ownership from Shambala, Inc. dba Famous
Eastside Foodstore to Lucky 7 LLC dba Famous Eastside Foodstore, 381
S Saint Vrain Avenue, Fermented Malt Beverage Liquor License.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Liquor
QUASI-JUDICIAL YES NO
Objective:
Transfer an existing liquor license located at 381 S. St. Vrain Avenue to the applicant,
Lucky 7 LLC.
Present Situation:
A Fermented Malt Beverage Liquor License is currently held at the location referenced
above by Shambala Inc. dba Famous Eastside Foodstore. The applicant is requesting
a transfer of the license and submitted a complete application to the Town Clerk’s office
on March 22, 2019. A temporary permit was issued on March 22, 2019. The temporary
permit authorizes the transferee to continue the sale of alcohol beverages as permitted
under the permanent license while the application to transfer ownership of the license is
pending. The applicant has submitted all necessary paperwork and fees. The status of
the current ownerships TIPS training has not been verified at the time of this memo.
The attendance by the owner or her representative has also not been confirmed as of
the date of this memo.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to Lucky 7 LLC dba Famous Eastside Foodstore.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
23
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business.
Action Recommended:
Approval to transfer the existing Fermented Malt Beverage Liquor License to Lucky 7
LLC dba Famous Eastside Foodstore.
Finance/Resource Impact:
The fee paid to the Town of Estes Park for a Fermented Malt Beverage Liquor License
transfer is $953. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the renewal fee
payable to the Town for a Fermented Malt Beverage Liquor License is $503 per year.
Level of Public Interest
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Fermented Malt Beverage Liquor
License filed by Lucky 7 LLC dba Famous Eastside Foodstore.
Attachments:
Procedures
Liquor Application
PD Report
24
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application and confirm the following:
The application was filed March 22, 2019 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as an LLC .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
X Unscheduled Completed Pending Confirmation
MOTION:
I move the Transfer Application filed by Lucky 7, LLC doing business as Famous East
Side Grocery for a Fermented Malt Beverage License be approved/denied.
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34
EVENTS & VISITOR SERVICES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Rob Hinkle
Date: June 11, 2019
RE: Adoption of the Stanley Park Master Plan Update
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Master Plan
QUASI-JUDICIAL YES NO
Objective:
The Stanley Park Complex Master Plan Update is intended to be a guiding document
for the future development of additional active and passive uses for the complex. This
updated Master Plan is intended to provide cohesive vision for the property in its
entirety. This body of work addresses and evaluates new facilities, circulation
improvements, recreational and educational opportunities, and pedestrian connections.
Present Situation:
In need of a cohesive plan for the Events Complex, Estes Park Museum, Stanley Park,
future CTE building, possible performing arts center, possible childcare facility, as well
as improved pedestrian and vehicle circulation throughout the site.
Proposal:
The Master Plan represents the best approach identified by the project team to fully
embody the project vision and accomplish the project goals. This was achieved through
the completion of the site inventory analysis, public outreach process and internal
review process. The final recommendations are described here in narrative form, as
well as illustrated in graphic form.
Advantages:
Cohesive vision moving forward with any future improvements and development of
Stanley Park.
Disadvantages:
Funding and prioritizing the improvement projects.
35
Level of Public Interest
High interest by Stakeholders (Events Complex, Museum, Estes Valley Recreation and
Park District, Performing Arts Center, Estes Early Childhood Education)
Action Recommended:
Adopt the Stanley Park Master Plan Update
Sample Motion:
I move for the approval to adopt the 2019 Stanley Park Master Plan Update
Attachments:
2019 Stanley Park Master Plan Link
36
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: June 11, 2019
RE: Ordinance 12-19 Adopting the 2018 Model Traffic Code
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Ordinance #12-19 adopts the 2018 Model Traffic Code (MTC) and amends the Estes
Park Municipal Code (EPMC) Title 10 pertaining to Vehicles and Traffic.
Present Situation:
The Town adopted the 2010 revision of the MTC and a 9-page Appendix in 2012.
Parking regulations within the Appendix were further revised in 2013.
The Appendix is excessively cumbersome and detailed in listing the location of
every parking time restriction, parking prohibition, loading zone, and speed limit
within the Town. Both the Municipal Judge and Town Attorney indicate this level
of detail is not necessary in the Municipal Code.
CDOT published an update to the MTC in 2018.
The Town Board adopted the Downtown Parking Management Plan in 2018
which recommended changes to some time-restricted parking spaces. The
signing changes were made in 2018 and no longer exactly match the Appendix.
Our 2019 seasonal parking enforcement at time-limited spaces began on
Memorial Day.
Proposal:
The attached ordinance modifies the EPMC to adopt the 2018 MTC and replace the 9-
page Appendix with new provisions to Title 10 of the EPMC. Year-round enforcement
of all parking regulations is intended except for seasonal time-restrictions (9am to 5pm
during the months of May thru September) where posted on limited downtown parking
37
spaces. User demand for time-restricted parking spaces outside of these high-demand
visitation months is low, and year-round enforcement is not needed to effectively
manage these spaces. Extensive public outreach is recommended prior to
implementing year-round enforcement at time-limited parking spaces.
Advantages:
The historic practice of lowering parking fines for early payment is documented
and the Parking & Transit Manager is identified as the authorized person to make
these reductions.
Elevated regulation of vehicles parked on our narrow streets to reduce blocking
traffic lanes which improves maintenance access and emergency vehicle access.
Both hourly and seasonal limits for enforcement of time-limited parking spaces are
codified to match the posted signs and enforcement practices.
The lengthy and cumbersome Appendix of detailed parking regulations is
eliminated.
Authority is granted to utilize an independent contractor to assist the Town in the
administrative efforts to collect parking fines. Any required court actions remain
under the purview of the Town.
Disadvantages:
Some residents who park on our narrow roads and block the travel lanes may be
inconvenienced when required to park elsewhere.
Reserved parking spaces for the Library and Visitor Center will be managed
administratively and are no longer protected/preserved by the EPMC.
Action Recommended:
PW staff recommends the Town Board adopt Ordinance #12-19.
Finance/Resource Impact:
The proposed ordinance does not create any direct, known impact to Town finances.
The proposed ordinance will reduce staff time required for future parking regulation
revisions, and is expected to improve visitor spending through improved parking
management.
Level of Public Interest
The known level of public interest in this item is low.
Sample Motion:
I move for the approval/denial of Ordinance #12-19.
Attachments:
Ordinance #12-19
Link to the 2018 Model Traffic Code
38
ORDINANCE NO. 12-19
AN ORDINANCE REVISING CHAPTER 10 OF THE MUNICIPAL CODE OF THE
TOWN OF ESTES PARK RELATING TO VEHICLES AND TRAFFIC
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Section 10.04 Model Traffic Code of the Municipal Code is hereby
amended to include the following.
10.04.010 Model Traffic Code Adopted. The Model Traffic Code for Colorado,
Revised 2018, published by the Colorado Department of Transportation (CDOT), Traffic
& Safety Engineering Branch, 2829 W. Howard Place, Denver, Colorado 80204. The
subject matter of the Model Traffic Code relates primarily to comprehensive traffic
control regulations for the Town. The purpose of this Ordinance and the Code adopted
herein is to provide a system of traffic regulations consistent with the state law and
generally conforming to the similar regulations throughout the state and the nation. The
2018 edition of the Model Traffic Code is adopted herein by reference as a primary code
as if set out at length herein, subject to the additions and modifications set forth in this
Ordinance.
10.04.020 Violation
(a) It is unlawful for any person to violate any of the provision stated or
adopted in the Model Traffic Code.
(b) Every person convicted of a violation of any provisions stated or adopted
in the Model Traffic Code shall be punished as set forth in Section
1.20.20.
(c) The Town’s Parking & Transit Manager is authorized to reduce the
amount charged for parking violation fines to incentivize early payment of
the fine amounts set forth by the Municipal Judge and described in
Section 1.20.020.
10.04.030 Parking Prohibited. No person shall park a vehicle in any of the
following places:
(a) Any location adjacent to red curb.
(b) Any location within a hatch-painted no parking area.
39
(c) Any location in a public parking lot where a parking space is not
designated with painted markings.
(d) Any parking space designed RESERVED or POLICE RESERVED with
painted markings.
(e) Parking for longer than 30 minutes is prohibited within any loading zone
(designated with signs, yellow curb, or painted hatch marking) between
the hours 6:00 am to 6:00 pm. Parking is permitted in a designated
loading zone between the hours of 6:00 pm and 6:00 am.
(f) No vehicle shall park on the pavement of any public street except where
on-street parking spaces are designated with painted markings or signs
installed by the Town or CDOT.
(g) No vehicle shall park within more than one parking space designated by
painted lines. Vehicles pulling trailers, recreational vehicles, and buses
are permitted to occupy two linearly contiguous spaces or spaces
designated OVERSIZED VEHICLE with painted markings.
(h) Vehicles less than 20’ in length are prohibited from parking in spaces
designated OVERSIZED VEHICLE with painted markings.
10.04.040 Overnight Parking Prohibited. No person shall park a vehicle, trailer
or recreational vehicle in any Town-owned parking lot or street right-of-way overnight or
longer than 18 hours during daylight hours except where authorized by a Town-issued
parking permit or Revocable Encroachment Permit issued by the Town’s Public Works
Department.
10.04.050 Time-limited Parking.
(a) It is unlawful for any person to park or direct another person to park a
vehicle in an on-street space or public off-street parking space for a length
of time greater than the time limit indicated on the posted signage during
the hours of 9am to 5pm during the months of May thru September.
(b) Prior to, or upon expiration of, the initial time-limited parking period, and
unless permission from authorized Town personnel has been granted, a
vehicle shall be removed from the parking space. No person, after
vacating a time-restricted parking space, shall return and park or direct
another person to return and park the same vehicle in the space or any
other parking space within 500 feet for a minimum of three hours after
such vehicle has been moved.
10.04.060 Speed Regulation. Except where a special hazard exists that
requires a lower speed, or speed limit signs are present to establish a different
40
maximum lawful travel speed, no person shall drive a vehicle in excess of twenty-five
miles per hour (25 mph) on any public street in Estes Park.
Section 2: Section 10.16.010 Regulations of the Municipal Code is hereby
amended to include the following.
(a) No recreational vehicle, as the same is defined in Chapter 13 of the Estes
Valley Development Code, shall be parked on any of the streets, alleys,
highways, parking lots or other public ways of the Town in violation of any
parking regulation of the Town. Parking of a recreational vehicle on a
street, alley, or highway in the Town for a period no longer than forty-
eight (48) hours may be permitted by issuance of a Revocable
Encroachment Permit from the Town’s Public Works Department.
Section 3: Section 10.20 Parking Violations of the Municipal Code is hereby
amended to include the following.
10.20.010 Violation; fine. The penalties for conviction of traffic and parking
offenses contained in Part 17 of the Model Traffic Code are deleted. Any person
convicted of a traffic or parking violation under the provisions of the Model Traffic Code
shall be fined as set forth in Section 1.20.020.
10.20.020 Authority to Collect fines. The Town is authorized to procure the
services of an independent contractor for the administration and collection of parking
fines on behalf of the Town of Estes Park.
Section 4: This amendment to the Estes Park Municipal Code shall take effect
and be enforced thirty (30) days after its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2019.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
41
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the day of , 2019 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2019, all as required by the Statutes of the State of Colorado.
Town Clerk
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To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: June 11, 2019
RE: Ordinance No. 14-19 An Ordinance Extending a Temporary Moratorium
on the Application and Review of Park and Recreation Facilities in
Residential Zoning Districts
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Present Situation:
An amendment has been drafted, proposing to amend the Estes Valley Development
Code (EVDC) to address the “Park and Recreation Facility” use. This code amendment
was first reviewed by the Town Board at their April 9, 2019 hearing, where the Board
continued it to their May 28, 2019 hearing. At that time the Board continued it again, to
July 23, 2019. This is to give staff time to draft additional language for the EVDC, to
better address uses that could potentially be impacted by the proposed code
amendment.
A temporary moratorium on the acceptance and processing of any development
application for Park and Recreation Facilities located in residential zoning districts was
imposed by the Town Board, and also the Larimer Board of County Commissioners, to
allow staff to research and draft the code amendment. The moratorium has been
extended or renewed several times now. This current temporary moratorium is through
June 30, 2019 in both Town and County.
With the continuance of the code amendment, the Town Board has directed staff to
draft an ordinance to impose another, similar temporary moratorium. This ordinance is
to impose a moratorium through August 12, 2019. See attached.
Advantage:
Provides time for further research and inventory of existing uses which may be
impacted by a code amendment, and allows for additional public comment and Board
review.
Disadvantage:
Memo
COMMUNITY DEVELOPMENT
43
TOWN OF ESTES PARK BOARD OF TRUSTEES, JUNE 11, 2019
EXTENSION TO MORATORIUM, PARK AND RECREATION FACILITIES
PAGE | 2
A potential to delay a proposal for a development application for a Park and Recreation
Facility in a residential zone district. (Staff is not aware of any such proposals at this
time.)
Action Recommended:
The review and, if appropriate, adoption of Ordinance No. 14-19 is a policy decision of
the Town Board.
Finance/Resource Impact:
None.
Level of Public Interest
High.
Sample Motion
I move to adopt/not adopt Ordinance No. 14-19.
Attachment:
Ordinance No. 14-19
44
ORDINANCE NO. 14-19
AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS
WHEREAS, in 2017, the Town of Estes Park and Larimer County approved the
amending of Section 13.2.C.34 – Parks and Recreation Facilities, to remove the term
“non-commercial” from the definition of Park and Recreation Facilities in the Estes Valley
Development Code (“EVDC”); and
WHEREAS, currently Park and Recreation Facilities are a permitted use in all
zoning districts within the EVDC Boundary Map Planning Area (the “Estes Valley”),
subject to development standards and processes; and
WHEREAS, there currently exists public concern about Park and Recreation
Facilities being a permitted use in all residential zoning districts of the Estes Valley; and
WHEREAS, due to public concern about the possible negative effects of Park and
Recreation Facilities in residential zoning district in the Estes Valley, the Estes Park
Community Development Department Staff and the Estes Valley Planning Commission
have formulated amendments to the EVDC to regulate Park and Recreation Facilities in
residential zoning districts within the Estes Valley; and
WHEREAS, said amendments were reviewed and recommended for approval by
the Estes Valley Planning Commission on March 19, 2019; and
WHEREAS, the Town of Estes Park Board of Trustees has set (via continuance
from earlier dates) a public hearing for said amendment on July 23, 2019; and
WHEREAS, it is the conclusion of the Board of Trustees that it is necessary to
impose a temporary moratorium on the acceptance and processing of any development
application for Park and Recreation Facilities located in residential zoning districts of the
Estes Valley to allow the Town of Estes Park Board of Trustees, and the Larimer County
Board of County Commissioners to review possible amendments to the EVDC concerning
Park and Recreation Facilities within residential zoning districts in the Estes Valley; and
WHEREAS, it is necessary to impose this temporary moratorium for only the time
period necessary to allow the Town of Estes Park Board of Trustees and the Larimer
County Board of County Commissioners to adequately review possible new amendments,
including public comment, and if appropriate, adopt amendments to the EVDC concerning
Park and Recreation Facilities within residential zoning districts within the Estes Valley;
and
45
WHEREAS, pursuant to the applicable provisions of Section 29-20-101 et seq.
C.R.S. known as the Local Government Land Use Control Enabling Act of 1974, the Town
of Estes Park has the power to impose this temporary moratorium.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK:
Section 1. The Town of Estes Park Board of Trustees hereby imposes a
temporary moratorium on the acceptance and processing of any new development
application for Park and Recreation Facilities as defined in Section 13.2.C.34 of the Estes
Valley Development Code for development in the RE-1, RE, E-1, E, R, R-1, R-2, RM
zoning districts of the EVDC within the Town of Estes Park.
Section 2. This temporary moratorium shall take effect immediately and be in
force through August 12, 2019 unless extended, amended and/or terminated by further
action of the Board of Trustees.
WHEREAS, the immediate passage of this Ordinance is necessary for the
preservation of the health, safety, and welfare of the citizens of the Town in order to
temporarily delay the acceptance and review of any development application for Park and
Recreation Facilities within residential zoning districts in the Town of Estes Park, and
therefore this Ordinance shall take effect and be in force immediately after its passage,
adoption, and signature of the Mayor or the Mayor Pro Tem.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK on this _____ day of ____________, 2019.
TOWN OF ESTES PARK, COLORADO
_____________________________
Mayor
ATTEST:
__________________________
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the day of , 2019 and
published in a newspaper of general circulation in the Town of Estes Park, Colorado, on
the _____ day of , 2019, all as required by the Statutes of the
State of Colorado.
Town Clerk
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