HomeMy WebLinkAboutMINUTES Town Board 2019-10-08Town of Estes Park,Larimer County,Colorado,October 8,2019
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 8th day of October,2019.
Present:Todd Jirsa,Mayor
Ron Norris,Mayor Pro Tem
Trustees Eric Blackhurst
Marie Cenac
Patrick Martchink
Ken Zornes
Also Present:Travis Machalek,Town Administrator
Dan Kramer,Town Attorney
Kimberly Disney,Recording Secretary
Absent:Trustee Carlie Bangs
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 (Norris/Zornes)to approve the Agenda with Consent
Agenda Item 6 moved to Action Item 5,and it passed unanimously.
PUBLIC COMMENTS.
Ron Wilcocks/County citizen spoke regarding paid parking in Estes Park stating there
have been to many unanswered questions,the change would affect the character of the
town,and key stakeholders have not been consulted.
TOWN BOARD COMMENTS
Trustee Blackhurst spoke in response to Ron Wilcocks’comments and directed citizens
to visit the Town website for information regarding parking.
Mayor Pro Tem Norris attended the Colorado Municipal League Regional meeting with
Trustee Cenac and stated the Colorado Department of Local Affairs has opened the
Colorado Resiliency Office which helps municipalities plan for extreme weather.Many
communities are dealing with significant growth issues,infrastructure,and stormwater.
Trustee Cenac added the Regional meeting provided insight on the challenges other
municipalities have encountered in regard to water rights.
Trustee Martchink recognized Supervisors Berg and Kearney for their life saving efforts
over the summer and fall and congratulated Parks Division staff on accomplishments with
America in Bloom.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek seconded Trustee Martchink’s sentiments.Supervisor
Berg announced the Town of Estes Park won the America in Bloom in the Town’s
population category.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated September 24,2019 and Town Board Study Session
Minutes dated September 24,2019.
3.Estes Valley Board of Adjustment Minutes dated June 4,2019 (acknowledgment
only).
Board of Trustees —October 8,2019 —Page 2
4.Resolution 30-19 Acceptance to include the Town of Wellington to the
Intergovernmental Agreement for Solid Waste Programming and Infrastructure
Improvements.
5.Resolution 31-19 Support of the 2020 Colorado Parks and Wildlife Recreational
Trail Program Grant Application for Fall River Trail Project.
6.MOVED TO ACTION ITEM 5.Resolution 32-19 Support of the Great Outdoors
Colorado Grant Application for Big Thompson River Recreational Area Picnic
Shelter.
7.Contract for Conference Center Porte Cochere Repair with Saunders/Heath
Construction,LLC for $99,552.00 Budgeted.
8.Contract for 2019 Moraine Restroom Remodel with G2 Construction,LLC for
$126,030.00 Budgeted.
9.Reappointments to the Estes Valley Public Library District Board of Trustees:
•John Krueger for a 4-year term beginning January 1,2020 and expiring
December31,2023.
•Kay Weston for a 4-year term beginning January 1,2020 and expiring
December31,2023.
It was moved and seconded (Zornes/Norris)to approve the Consent Agenda,and
it passed unanimously.
PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff for
Town Board Final Action.
1.ACTION ITEMS:
A.PRELIMINARY CONDOMINIUM MAP,THE DIVIDE CONDOMINIUMS AT
WILDFIRE,WILDFJRE ROAD,WESTOVER CONSTRUCTION,INC.,REM
ASSOCIATES LLC,APPLICANTS.Mayor Jirsa opened the public hearing
and Planner Woeber presented the preliminary condominium map for the
Divide Condominiums at Wildfire.A component of the Wildfire Homes project,
the Divide would consist of two condominium buildings with eight workforce
qualifying units per building for a total of 16 units.The drafted Restrictive
Covenant and Agreement has been reviewed by staff and Town Attorney
Kramer suggested the use of a Second Deed of Trust to ensure workforce
housing remains workforce housing long term,and the Town would receive
notice of transfers in ownership.Town Attorney Kramer stated a Second Deed
of Trust was a common instrument included in Restrictive Covenants.
The applicants expressed concerns with the recommended Second Deed of
Trust,specifically,workforce housing requirements as stated in the Estes
Valley Development Code (EVDC)§11.4 AttainableMorkforce Housing
Density Bonus,increased administration for the Town,Developer,and buyers,
adverse impacts on consumer financing,and unintended consequences in
cases of foreclosures.The applicant requested the Board approve the
Condominium Map without the use of a Secondary Deed of Trust.
The Board discussed how residents’workforce eligibility is determined,
optional mechanisms which could be used in place of a Secondary Deed of
Trust,administrative workload should a Secondary Deed of Trust be used,if
a Secondary Deed of Trust would affect the projects continuation,and the
workforce housing requirements as stated in the EVDC.Mayor Jirsa closed
the public hearing.
Substitute Motion:It was moved and seconded (Cenac/Martchink)to
continue the Preliminary Condominium Map for the Divide
Condominiums at Wildfire to October 22,2019,and it failed with Mayor
Jirsa and Trustees Blackhurst,Martchink,and Norris voting “no”.
Board of Trustees —October 8,2019—Page 3
It was moved and seconded (BlackhursUZomes)to approve the
Preliminary Condominium Map for the Divide Condominiums at Wildfire,
Wildfire Road with the condition the Town Attorney and Attorney for the
Applicant reach consensus regarding the Restrictive Covenant and
Agreement no later than October 22,2019,and it passed with Trustee
Cenac voting “no”.
B.PRELIMINARY CONDOMINIUM MAP,THE MEADOW CONDOMINIUMS AT
WILDFIRE,WILDFIRE ROAD,WESTOVER CONSTRUCTION,INC.,RDA
ASSOCIATES LLC,APPLICANTS.Mayor Jirsa opened the public hearing
and Planner Woeber presented the preliminary condominium map for the
Meadow Condominiums at Wildfire.A component of the Wildfire Homes
project,the Meadow would consist of nine condominum buildings with eight
workforce qualifying units per building for a total of 72 units.Following the
discussion of Planning Commission Action Item A,Mayor Jirsa closed the
public hearing and it was moved and seconded (BlackhursVNorris)approve
the Preliminary Condominium Map for the Meadow Condominiums at
Wildfire,Wildfire Road with the condition the Town Attorney and
Attorney for the Applicant reach consensus regarding the Restrictive
Covenant and Agreement no later than October 22,2019,and it passed
with Trustee Cenac voting “no”.
ACTION ITEMS:
1.RESOLUTION 33-19 BUREAU OF RECLAMATION REPAYMENT CONTRACT
FOR THE DELIVERY OF MUNICIPAL AND INDUSTRIAL WATER.
Superintendent Eshelman presented Resolution 33-19 to approve the repayment
contract between the Town and the Bureau of Reclamation.The repayment
contract was enacted as part of the Colorado-Big Thompson Project and was
renewed in 1994 and expires November 23,2019.Staff recommends the approval
of the contract which would provide 500 acre-feet of water to the Estes Valley.
Trustees discussed the current market value of water and it was moved and
seconded (Norris/Cenac)to approve Resolution 33-19,and it passed
unanimously.
2.RESOLUTION 34-19 SUPPORTING LARIMER COUNTY SALES TAX BALLOT
ISSUE 1A.Town Administrator Machalek presented Resolution 34-19 supporting
Larimer County Sales Tax Ballot Issue 1A.The County Commissioners have
placed a countywide 0.5%sales tax on the ballot for the November 5,2019
coordinated election to address regional transportation and public facility needs.
Linda Hoffman/Fort Collins citizen spoke in favor of the resolution and sighted the
efforts Larimer County has made as a regional collaborative group.
John Meissner/Town citizen requested Linda Hoffman address cons as stated in
the 2019 Ballot Information Booklet,specifically undesignated funds,and 20 year
projections.
Linda Hoffman responded stating funds could be redistributed as a ballot issue
following recommendation of the Policy Council and additional funding sources
such as grants would be pursued.More information could be found in County
Resolution No.08272019R008.
It was moved and seconded (Norris/Cenac)to approve Resolution 34-19,and
it passed unanimously.
3.ORDINANCE 26-19 APPROVING THE GROUND LEASE AGREEMENT WITH
ESTES PARK R-3 SCHOOL DISTRICT FOR THE CAREER AND TECHNICAL
EDUCATION ICTE)BUILDING.Mayor Jirsa opened the public hearing and Town
Administrator Machalek presented Ordinance 26-19 approving the ground lease
agreement with Estes Park R-3 School District.The District has proposed the
construction of a 6,480 square foot CTE building with an attached 1,509 square
Board of Trustees —October 8,2019 —Page 4
foot greenhouse on Town-owned land.The construction and siting of this facility
was included in the Stanley Park Master Plan and staff recommends approval of
the ordinance.Mayor Jirsa closed the public hearing and it was moved and
seconded (Cenac/Martchink)to approve Ordinance 26-19,and it passed
unanimously.
4.ORDINANCE 28-19 APPROVING THE GROUND LEASE AGREEMENT AND
RESOLUTION 35-19 APPROVING THE CONCESSION AGREEMENT WITH
DNC PARKS &RESORTS AT ROCKY MOUNTAIN PARK INN,INC.FOR THE
ESTES PARK CONFERENCE CENTER.Mayor Jirsa opened the public hearing
and Town Administrator Machalek presented Ordinance 28-19 approving the
ground lease and Resolution 35-19 approving the concession agreement for the
Estes Park Conference Center.The Conference Center was constructed through
the Estes Park Urban Renewal Authority,and under the original ground lease,the
conference center would become the property of the landlord upon the ground
lease expiration of November 14,2019.Negotiations have been conducted to
enter into a new ground lease and concession agreement which would transfer all
costs of operation,maintenance,and capital improvements of the Conference
Center to DNC Parks and continue the relationship between the Town and DNC
Parks.Trustees discussed marketing and usage of the Conference Center,
responsibility to repair the porte cochere,and the Town’s interest in retaining
ownership.
John Meissner/Town citizen stated the public raised concerns with the Estes Park
Conference Center,not the Town Board.
Mayor Jirsa responded stating concerns were also raised as a result of discussions
with DNC Parks and it was determined continuing the agreement would be
beneficial to both parties.
It was moved and seconded (BlackhursUZornes)to approve Ordinance 28-19
and Resolution 35-19,and it passed unanimously.
RESOLUTION 32-19 SUPPORT OF THE GREAT OUTDOORS COLORADO
GRANT APPLICATION FOR BIG THOMPSON RIVER RECREATIONAL AREA
PICNIC SHELTER.Supervisor Berg presented Resolution 32-19 supporting the
Great Outdoors Colorado (GOCO)Grant application for the Big Thompson River
Recreational Area Picnic Shelter.He stated following previous grant applications
for this project,which were not successful,staff reevaluated their application with
GOCO representatives and determined further public outreach would be
beneficial.It was moved and seconded (Martchink/Cenac)to approve and
Resolution 32-19,and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:33 p.m.
Todd Jirsa,May&
“Kimberly Dis ,ecording Secretary