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HomeMy WebLinkAboutMINUTES Town Board 2019-07-23Town of Estes Park,Larimer County,Colorado,June 25,2019 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 23’day of July,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 Dan Kramer,Town Attorney Jackie Williamson,Town Clerk Bunny Victoria Beers,Recording Secretary Absent:None Mayor Jirsa called the meeting to order at 7:00 p.m.and all desiring to do so,recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Walker/Bangs)to approve the Agenda with the continuation of the Report and Discussion Item to August 13,2019,and it passed unanimously. PUBLIC COMMENTS. Wallie Burk,owner of the Silver Saddle Inn stated concerns regarding attendance at his business.He encouraged the Board to consider increasing advertising and expand attractions to generate revenue rather than rely on National Park attendance to sustain Estes Park. TOWN BOARD COMMENTS Trustee Zornes stated the Behavioral Health Policy Committee met on July 17,2019 to make recommendations to distribute $845,000 in funds to 11 agencies which were collected through sales tax in 2018.The Estes Park School District would receive $100,000 in funding for behavioral health services for students in need.A remaining $155,000 would be available for Community grants after August 1,2019.He added the Open Lands Advisory Committee meeting would take place on July 25,2019. Trustee Norris stated the Family Advisory Board meeting was held on July 15,2019 to discuss the needs of families.The Town Board and the Larimer Board of County Commissioners would meet on July 29,2019 to discuss the IGA with the Town and County. Mayor Jirsa stated the Platte River Power Authority meeting would be held on July 25, 2019 to discuss bringing more renewable options to the service area. Trustee Bangs stated Parking and Transit Manager Solesbee presented a report to the Transportation Advisory Board related to data collected by the license plate monitoring occurring in Town owned lots.A report of data would be presented to the Board in the Fall 2019 and discuss how the data collected relates to the Downtown Parking Management Plan.She added data shows an increase in use of the parking garage in 2019. Trustee Cenac stated the Trustee Talk was held on July 17,2019 and encouraged public attendance at the meetings to engage in conversations on public concerns. Board of Trustees —July 23,2019—Page 2 Trustee Martchink stated the Parks Advisory Board continues to research the Noxious Weeds Ordinance,review the Arts in Public Places Policy and research future funding mechanisms for public artwork. — -TOWN ADMINISTRATOR REPORT. Administrator Lancaster provided a Board Policy Governance quarterly report on Policy 3.3 Financial Condition and Budgeting,Policy 3.12 General Town Administrator—Internal Operating Procedures,and Policy 3.13 Town Organizational Plan.He reported compliance with all areas. 1.CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated July 9,2019 and Town Board Study Session Minutes dated July 9,2019. 3.Family Advisory Board Minutes dated May 2,2019 (acknowledgment only). 4.Estes Valley Planning Commission Minutes dated June 18,2019,Study Session Minutes dated June 18,2019,and Amended Minutes dated October 16,2018 (acknowledgment only). 5.Parks Advisory Board Minutes dated June 20,2019 (acknowledgment only). 6.Resolution 21-19 Authorizing Participation in the Colorado Statewide Investment Program (CSIP)as a third investment pool. 7.Resolution 22-19 to Support the Application for Colorado Parks &Wildlife (CPW) Colorado the Beautiful Trails Grant Program for Fall River Trail Extension Project. 8.Revised Policy 660 -Fund Balance. 9.Transfer of the Dannels Fire Station to tho Estes Valley Fire Protection District and an ISA for Access to Town Communication Facilities in the Dannels Fire Station. 10.Family Advisory Board Appointment of Sue Strom and Christy DeLorme for terms expiring April 15,2022. 11.Acceptance of Town Administrator Policy Governance Monitoring Reports. 12.Town Administrator Employment Contract. 13.First Amendment to Agreement with Avi Rocklin for Prosecuting Attorney Services. It was moved and seconded (Zornes/Norris)to approve the Consent Agenda,and it passed unanimously. 2.LIQUOR ITEMS: 1.TRANSFER A LODGING &ENTERTAINMENT LIQUOR LICENSE FROM TAHARAA MOUNTAIN LODGE TO TAHARAA MOUNTAIN LODGE LLC OBA TAHARAA MOUNTAIN LODGE,3110 S SAINT VRAIN AVENUE,ESTES PARK, CO 80517.Town Clerk Williamson presented the transfer application for the liquor license stating all necessary paperwork and fees had been submitted.A temporary permit was issued on June 28,2019.The applicant also owns Twin Owls Restaurant and has completed TIPS training in the past.Owner Thad Egan stated the Black Canyon Inn sold with the new owner intending to operate as a wedding only venue.Taharra Mountain Lodge was purchased with the intent to eventually move the Twin Owls restaurant to the Taharra Mountain Lodge location.There being no further discussion,it was moved and seconded (Zornes/Norris)to approve the transfer of a Lodging and Entertainment Liquor License filed by Taharaa Mountain Lodge LLC dba Taharaa Mountain Lodge,3110 S Saint Vram Avenue,and it passed with Trustee Bangs recusing herself. Board of Trustees—July 23,2019—Page 3 3.PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff for Town Board Final Action. 1.ACTION ITEMS: A.AMENDED PLAT,LOTS iSA &16A,GRAND ESTATES ADDITION, WALLACE AND LAURINE BURKE,OWNER,DBA BEST WESTERN PLUS SILVER SADDLE INN.Mayor Jirsa opened the public hearing.Planner Hardin stated the amended plat would reconfigure two platted lots,vacate existing easements and dedicate new easements.The property owner submitted a development plan to add 18 guest units,move the swimming pool to a new indoor location,addition of staff and guest laundry facilities,staff break rooms,guest lounge and an office.The changes would create lots 15B and 1 6B.The applicant stated the property would be increased from a second story to a third story property.Staff recommended the approval of the amended plat.Mayor Jirsa closed the public hearing.It was moved and seconded (Norris/Cenac)to approve the application for the amended plat to reconfigure Lots ISA and 16A of Grand Estates Addition and vacate and dedicate easements as presented,and it passed unanimously. B.FINAL PLAT,GRADY MINOR SUBDIVISION.625 W ELKHORN AVENUE, PANORAMIC ESTES,LLCIOWNER.Mayor Jirsa opened the public hearing.Planner Woeber stated the request would subdivide one parcel into two legal lots and is located north of West Elkhorn Avenue,east of James Street,and west of Far View Drive,within Town limits.The property is zoned E-1 Estate containing a total land area of approximately 2.29 acres and is currently developed with two single family homes and a detached garage. Staff recommended the approval of the final plat.Mayor Jirsa closed the public hearing.It was moved and seconded (CenacMalker)to approve the Grady Minor Subdivision Final Plat according to findings as presented,and it passed unanimously. C.ORDINANCE 19-19 RIGHT-OF-WAY VACATION,PLATTED STANLEY COURT LOCATED BETWEEN COMANCHE STREET AND DUNRAVEN STREET,MARK NEWENDORP,AGA DEVELOPMENT LLC,APPLICANT. Mayor Jirsa opened the public hearing.Planner Woeber stated the ordinance presented vacates an existing platted,but never built right-of-way.Per state statute,vacated rights-of-way merge with the adjoining property or properties with half of the right-of-way going to each laterally adjoining property.The vacation does not leave any property owner without street access.Due to a water line in the area,staff have recommended a condition of approval be a dedicated twenty-foot (20’)utility easement to the Town.Mayor Jirsa closed the public hearing and Attorney Kramer read the ordinance into record.It was moved and seconded (Norris/Martchink)to approve Ordinance 19-19, vacating platted Stanley Court,with the condition of approval as recommended by staff,and it passed unanimously. D.SUPPLEMENTAL CONDOMINIUM MAP #8,SUNDANCE CONDOMINIUMS,1400 SIERRA SAGE LANE,KINLEY INVESTMENT, NATHAN KINLEY,OWNER.Mayor Jirsa opened the public hearing.Planner Woeber stated nine units have been built with the required Supplemental Condominium map filed and recorded per the Development Code.The tenth unit requires approval and filing as the Eighth Supplemental Condominium Map for Sundance Condominiums.Trustee Martchink requested clarification on a map presented with a miss-labeling of a street as Fall River Road which require correcting to Sierra Sage Lane.Mayor Jirsa closed the public hearing. It was moved and seconded (Cenac/Norris)to approve the Eighth Supplemental Condominium Map for Sundance Condominiums with the correction to the mislabeled road name on presented map #8,and it passed unanimously. Board of Trustees —July 23,2019 —Page 4 E.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.Mayor Jirsa opened the public hearing.Trustee Walker recused himself due to private property with an existing grandfathered use.The Town Board reviewed the amendment at the April 9,2019 public hearing where staff were directed to inventory existing uses in the Estes Valley which may be impacted by the change continuing the item to May 28,2019.At the May 28,2019 public hearing the Board directed staff to revise the amendment due to concerns regarding grandfathered use which may limit any existing,grandfathered use from growth or expansion.The amendment was further reviewed at the July 9, 2019 study session where staff presented the Board with revisions which would allow Park and Recreation Facilities as a “Special Review”use in residential zoning districts.Based on the Board direction staff presented three exhibits for review.Exhibit A [RED]as the original amendment drafted and recommended by the Planning Commission which has not been revised. Exhibit A [BLUE]amendment would allow Private Park and Recreation Facilities in Residential Districts as a “Si”review.Exhibit A [GREEN]was presented and recommended by staff for approval which distinguishes “Public”and “Private”use,and included a list of uses in the subsection to Chapter 5 specifying certain allowed uses which would require a “S2”review. The 52 review would require a Planning Commission public hearing review and Town Board approval allowing multiple options for public comment.Town Richard Ralph/Town citizen and Kent Smith/Town citizen spoke in favor of Exhibit A [GREEN]. Those speaking against the Ordinance and recommended subsection to Chapter 5 pending further review included Joanna Dardenrrown citizen and Jeff Spalding/Town citizen. Wallie Burke/Town citizen stated his support for increased tourism although uses should be kept out of residential areas. Jeff Spaldingrrown citizen spoke in favor of the Exhibit A [Red]or Exhibit A [GREEN].He stated any commercial uses on private lots goes against the meaning of residential lot.There has to be a two-stage process with ample public hearing opportunities to ensure public concerns are addressed.The list of potentially allowed uses requires careful consideration with public input. Doug Sacarto/County citizen questioned “Public”versus “Private”uses.He stated if the use brings a crowd it is contrary to the use as a private residence. Additionally,he questioned the measurement of low impact in private residences and stated the moratorium should be sustained. Jay Vetter/County citizens suggested the Board consider rezoning of undeveloped properties versus the proposed amendments. Mayor Jirsa closed the public hearing.Board discussion followed and comments have been summarized:Concern over the continuance of the moratorium,the need for multiple review stages and public input,and concerns for the specific use list in the subsection of Chapter 5 which may be limiting or could become to lengthy if items continue to be added or modified. A substitute motion was recommended to approve Ordinance 05-19 Exhibit A [RED]as approved by the Planning Commission,and died for a lack of a second. It was moved and seconded (Cenac/Martchink)to direct staff to proceed with Exhibit A [GREEN],clarify the list of uses in the subsection of Chapter 5 with definitions and continue the item to August 27,2019,and Board of Trustees —July 23,2019—Page 5 it passed with Mayor Pro Tern Walker abstaining and Trustee Zornes voting “No”. F.ORDINANCE 20-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING “SELF-SERVICE MINI-STORAGE”IN NON RESIDENTIAL ZONING DISTRICTS,TABLE 4-4.Mayor Jirsa opened the public hearing.Planner Hardin stated a local business owner contacted staff regarding expanding his mini-storage business.This led to staff discovering seven mini-storage facilities zoned CO Outlying Commercial which are legally non-confirming and are unable to expand.This was due to the rezoning which occurred in 2000.The amendment would include self-service rnini-storage use allowed in the CO zoning district following the Si review process.The amendment also restricts those facilities on major arterial streets or highways. Mayor Jirsa closed the public hearing and Attorney Kramer read the ordinance into record.It was moved and seconded (Norris/Walker)to approve Ordinance 20-19,and it passed with Trustee Cenac abstaining. 4.ACTION ITEMS: 1.RESOLUTION 23-19 SUPPLEMENTAL BUDGET APPROPRIATIONS.Director Hudson reviewed the budget appropriation highlighting eligible spousal coverage, small settlements claims,General Funds increase,and Trails Fund increase. There being no further discussion,it was moved and seconded (Norris/Zornes) to approve Resolution 23-19,and it passed unanimously with Trustee Bangs not present to cast a vote. 2.POWER &COMMUNICATIONS DIVISION PURCHASE OF LOT 9,DEVILLE SUBDIVISION,1180 WOODSTOCK DRIVE.Director Bergsten stated the purchase would be for office and warehouse space to support the construction and long-term operations of a new high-speed broadband network for businesses and residents.Staff has discussed options with contractors to reduce the construction estimate.John Meissnerrrown citizen stated concern for the cost and the acquisition of more property.Director Bergsten stated the property is located in an ideal location with an existing building adequate for remodeling and use.It was moved and seconded (Bangs/Martchink)to approve the Power & Communications Division Purchase of Lot 9,Deville Subdivision,1180 Woodstock Drive,and it passed unanimously. 3.APPOINTMENTS TO THE LARIMER COUNTY SOLID WASTE ADVISORY COUNCIL.Staff recommended Trustee Zornes and Howard Laurens,Town resident to represent the Town on the Solid Waste Advisory Council.It was moved and seconded (Norris/Cenac)to appoint Trustee Zornes and Howard Loren to the Larimer County Solid Waste Advisory Council,and it passed with Trustee Zornes abstaining. 4.AMENDED MEMORADUM OF UNDERSTANDING (MOW WITH THE ESTES PARK HOUSING AUTHORITY (EPHA).Assistant Town Administrator Machalek stated the amendments remove the reference to Town-provided office space, clarifies language as it relates to Strategic Planning for Housing,removed use of the Town Attorney for legal services,minor advisement to other support services and would eliminate the EPHA’s agreement to continue to attempt to reduce annual requestforfunding.Staff recommended approval of the amended MOU.It was moved and seconded (Zornes/Norris)to approve the amended MOU with the EPHA,and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting UiVitoria Beers,Recording Secretary Todd Jirsa,M