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HomeMy WebLinkAboutMINUTES Town Board 2021-12-14 Town of Estes Park, Larimer County, Colorado, December 14, 2021 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 and Virtually in said Town of Estes Park on the 14th day of December, 2021. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy Younglund Scott Webermeier Also Present: Travis Machalek, Town Administrator, Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Bunny Victoria Beers, Deputy Town Clerk Absent: None. Mayor Koenig called the regular 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 (Webermeier/Cenac) to approve the Agenda as presented, and it passed unanimously. PUBLIC COMMENTS. Nancy Almond, Vice Chair of the Community and Family Advisory Board (CFAB), spoke regarding the uncertainty of CFAB, their charge, the outcome of discussions, and community issues which have been identified by CFAB. She stated CFAB members would attend a three-hour planning meeting and requested Board support, communication and clear direction. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The Police Auxiliary Annual Blue Santa program efforts benefited 95 residents; a summary of the December CFAB meeting was provided to the Board by the liaison; it was recommended and determined the Childcare Reserve Policy discussion would be scheduled in February; Visit Estes Park would be finalizing budget reporting and Suzie Blackhurst would be stepping down from the Board; Larimer County Behavioral Health held a groundbreaking celebration at the Mental Health facility where a time capsule was placed at the site; Platte River Power Authority welcomed two new members and continues progress on their goal of 100% renewable energy by 2030; the Economic Development Corporation (EDC) would be transitioning from an annual operating plan to a 5-year strategic plan in 2022; the Comprehensive Plan Advisory Committee heard presentations from members of the Upper Thompson Sanitation District and Estes Park Sanitation District regarding each facility operations, challenges, and future growth issues and regulations; the Estes Park High School Sustainability class held a workshop focusing on waste sources and exploring recycling production opportunities; and reminded citizens to get their COVID vaccine and encouraged face coverings. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek stated the Town continues participation in waste water testing for COVID and the OMICROM variant. November was the second deadliest month since the beginning of the pandemic in Larimer County. He stated at home tests are available and encouraged individuals at risk of getting very sick to speak with heath care providers or the Larimer County Health Department regarding eligibility for monoclonal antibody treatment. Board of Trustees – December 14, 2021 – Page 2 It was determined the Childcare Reserve Funding Policy discussion would be scheduled for February 8, 2022 and the Northern Water Inclusion Process discussion on February 22, 2022. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated November 23, 2021, Town Board Study Session Minutes dated November 23, 2021 and Special Town Board Study Session Minutes dated December 1, 2021. 3. Transportation Advisory Board Minutes dated October 20, 2021 (Acknowledgement only). 4. Parks Advisory Board Minutes dated October 21, 2021 (Acknowledgement only). 5. Resolution 84-21 Professional Services Contract Amendment Three with SAFEBuilt Colorado, LLC, for Renewal of Building Safety Services Contract, 2022. 6. Resolution 85-21 Extension of a Memorandum of Understanding with Headwaters Economics’ Community Planning Assistance for Wildfire (CPAW) Program. 7. Resolution 86-21 Amendment One to the CDOT Grant Agreement for One Battery- Electric Trolley & One Charging Station (CDOT PO #491001905). 8. Resolution 87-21 Agreement for Shared Use of the Larimer County Salt & Sand Storage Facility and Purchase of Salt and Sand. 9. Resolution 88-21 Officially Scheduling the Regular Municipal Election – April 5, 2022. It was moved and seconded (Webermeier/MacAlpine) to approve the Consent Agenda, and it passed unanimously. REPORT AND DISCUSSION ITEMS: (Outside Entities). 1. CLIMATE SMART LARIMER COUNTY INITIATIVE. Manager Heidi Pruess/Larimer County provided an overview of the Climate Smart Initiative. She discussed the makeup of the plan, partners involved, community outreach and timeline. She stated the importance of collaboration between the County and municipalities on plans and efforts to amplify impacts. She promoted the Larimer County Climate Smart website page and encouraged participation in the questionnaire. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 18-21 AMENDING CHAPTERS 5 AND 13 OF THE ESTES PARK DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS (ADU). Mayor Koenig opened the public hearing. Staff provided a presentation regarding the amendments. Staff stated the demand for long-term housing in Estes Park exceeds supply. ADUs are currently permitted in all single family zone districts except R-1. Staff recommended amendments to reduce remaining barriers to ADU development in residential zone districts. The proposed text amendments included the following changes: To permit ADUs in the R-1 Residential zone district; clarify additional requirements; adjust ADU size limis; modify rental regulations; clarify home occupation standards; strike certain provisions; update table references and add new requirements for ADUs and updates to definitions. Staff highlighted code language which would not allow ADU use for mobile homes, recreational vehicles or travel trailers. Planner Bergeron stated tiny homes have not been adopted by the Town and Board of Trustees – December 14, 2021 – Page 3 are distinct from ADUs. He stressed the limit on tenancy which would not allow ADUs to be utilized as a short-term rental or vacation home. Board questions have been summarized: Clarification was requested on utility metering or split metering and maximum occupancy; what options are available regarding legal non-conforming properties or properties below the minimum lot size, including special review or conditional use permits; how on-street parking limitations would affect parking requirements; clarification was requested on the Town’s position on private covenant limitations of ADUs; whether the primary residence would be allowed to operate as a vacation home; and concerns were heard related to allowed occupancy and impacts to the number of cars parked on the street and lack of sidewalks in neighborhoods. Public comment in favor of the amendments were heard from Matt Heiser/Town citizen and downtown business and property owner, Adam Shake/EDC President and CEO, Naomi Hawf/Executive Director of the Estes Park Housing Authority, Frank Their/County resident, and Kent Smith/Town citizen. Comments have been highlighted: Opportunity to address housing needs and increase job and income opportunities; ADUs allow individuals to establish residency; and the importance of limiting occupancy to address Board and community concerns. Richard Ralph/Town citizen stated concern for issues which where not identified in the review by the Estes Park Planning Commission and requested the Board table or deny the ordinance. It was moved and seconded (Martchink/Webermeier) to continue Ordinance 18-21 to the next regular scheduled meeting to allow staff more time to address occupancy limits from eight unrelated individuals to four unrelated individuals, to address parking restrictions or requirements for one parking space per bedroom, and determine a conditional use permit or special review process for legal non-conforming properties which feel they could serve the community by offering ADU availability for review by staff considering the most cost effective path forward for those individuals, and it passed unanimously. ACTION ITEMS: 1. CAPITAL IMPROVEMENTS PLAN 2022-2026. Director Hudson presented the 2022-2026 Capital Improvements Plan (CIP) which provides guidance to the Board, staff and the citizens on upcoming projects and funding needs and requested formal adoption. There being no further discussion, it was moved and seconded (Webermeier/Younglund) to approve the Capital Improvements Plan for the years 2022-2026, and it passed unanimously. 2. RESOLUTION 82-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #7 TO THE 2021 BUDGET. Director Hudson presented the resolution to amend the 2021 budget to increase the General Fund. It was moved and seconded (Martchink/MacAlpine) to approve Resolution 82-21 Supplemental Budget Appropriations #7 to the 2021 Budget, and it passed unanimously. REPORT AND DISCUSSION ITEMS: 1. 179 STANLEY CIRCLE PROPERTY. Assistant Town Administrator Damweber provided an overview of items and issues for Board consideration related to the potential use of Town-owned property, 179 Stanley Circle as a space for childcare. Highlights of the overview included: The location abuts Federal property; a residential dwelling exists on the property, currently used for Town employee housing; zoned E-Estate which would allow a “daycare” facility as primary use only and not as an accessory use to the residential component; access, traffic and parking issues may need to be addresses as part of any development depending on the change in use, and to consider two pending workforce housing developments which are anticipated to incorporate childcare. Board of Trustees – December 14, 2021 – Page 4 Staff encouraged the Board to consider the following: utilizing the property for both childcare and workforce housing; any childcare facility should address infant/toddler care needs; costly repairs to the building would be better served toward demolition and rebuilding; and any alterations to the property would require a significant amount of staff time or hiring of a third-party which has not been budgeted for 2022. Board direction was requested. Laurie Dale Marshall/Executive Director of the Estes Valley Investment in Childhood Success (EVICS) commended the Boards efforts to review potential options and offered EVICS to assist in research needs. It was moved and seconded (MacAlpine/Martchink) to continue the meeting past 10:00 p.m., and it passed unanimously. Board discussion ensued and has been summarized: Whether the property would require updating for workforce housing or childcare use; whether the property has always been used for Town housing and impacts to staff if repurposed; identifying the Town’s role and staff expectations; estimated cost for addressing needs or development of the property; timeline for the project; if a childcare facility was built who would own the building; whether staff has contacted the state for additional input on childcare regulations and/or funding opportunities; requested more information related to implications of changing zoning; importance of rezoning legally and maximize buildout; determine options to renovate the property for a childcare facility; and concern regarding the proximity of a childcare facility near high powered transmission lines. Staff noted, funding from the American Rescue Plan Act may be available to help fund the project as long as the project includes a workforce housing component. Staff would bring options forward for Board consideration following the Childcare Reserve Funding policy discussion in February 2022. Whereupon Mayor Koenig adjourned the meeting at 10:05 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Deputy Town Clerk