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HomeMy WebLinkAboutMINUTES Town Board 2017-10-24Town of Estes Park, Larimer County, Colorado, October 24, 2017 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 24th day of October, 2017. Present: Also Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker 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 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Holcomb/Koenig) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Mayor Connie Sullivan/Town of Lyons presented Mayor Jirsa with a Lyons High School hat to wear during the meeting because the Estes Park football team lost to Lyons. Tracy McGinnis/County citizen questioned why the Town Board would give away its majority vote for the removal of Local Marketing District (LMD) Board members with the recently passed Intergovernmental Agreement with Larimer County. She stated the Town Board had little to no discussion on the removal of the recent Board members, nor did the individuals have the opportunity to comment. She also asked for clarification on what the new look, new direction and new plan for the LMD would be. She requested a transparent public discussion on the topic. Johanna Darden/Town citizen stated the deadline for the Park Hospital draft budget to be presented to the Board was October 15, 2017. She stated she filed a recent open record request to review the budget and was provided a one -page budget that was incomplete. The Board has not received the proposed budget and may not before their next meeting on October 31, 2017. She urged the community to attend the meeting and review the budget. Doug Warner/Town citizen requested the public vote "No" on Ballot Issue 3A for a mill levy override for the school district. He stated the mill levy has not been specified in the ballot language and would be a perpetual tax with no sunset. Future mill levy increases would continue with limits set by the state statutes. Art Messal/Town citizen commented the Town Board has developed a structure for the organization and has implemented it fairly well. He stated the Town Board fails at substance as an organization by not initiating solutions to problems and measuring success. He stated it needs to change if we are to move forward as a community. Paula ScheilslTown citizen stated concern with public email, the purpose, and what policies are in place concerning public email. She stated further concern with the Board of Trustees — October 24, 2017 — Page 2 monitoring of these emails and the removal of emails from the site which go against the stated policy on the Town's website. TOWN BOARD COMMENTS Trustee Norris stated during the recent Estes Valley Planning Commission meeting the Raven Rock development was continued with the Commissioners expressing a need for clearer guidance in the Comprehensive Plan, and requested the neighbors and the developer discuss drainage issues. He commented on the success of the recent recycling event. Mayor Pro Tem Koenig commented she toured the new facilities at the Community Center, including the Senior Center portion. She recommended anyone interested in seeing the progress contact the Estes Valley Recreation and Park District to schedule a walkthrough. Trustee Nelson stated the Larimer County Open Lands Advisory Board would meet on November 8, 2017. TOWN ADMINISTRATOR REPORT. • A presentation by Platte River Power Authority on zero net carbon would be held at the study session on December 12, 2017. • Policy Governance 3.3 Financial Planning and Budgeting Report — Administrator Lancaster reported full compliance. • Director Muhonen announced the Town was awarded the 2017 Small Community Award by APWA for the Estes Park Transit Facility Parking Structure. • Reviewed a recent press release from the National Park Service proposing a high use fee for 14 parks. Rocky Mountain National Park high use fee would be implemented during June 1 through October annually and consist of $70 for up to 7 days, $50 for motorcycles and $30 for bicycles. The NPS would accept comments on the proposed fees through November 23, 2017. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 10, 2017 and Town Board Study Session dated October 10, 2017. 2. Bills. 3. Committee Minutes - None. 4. Estes Valley Board of Adjustment Minutes dated September 12, 2017 (acknowledgement only). 5. Estes Valley Planning Commission Minutes dated September 19, 2017 (acknowledgement only). 6. Transportation Advisory Board Minutes dated September 20, 2017 (acknowledgment only). 7. Estes Valley Library District Board Appointments: a. Beth Ellis, term expiring on December 31, 2021. b. Bill Gerritz, term expiring on December 31, 2021. 8. Acceptance of Town Administrator Policy Governance Report. 9. Letter of Support for Fall River Trail Grant Applications. It was moved and seconded (Walker/Norris) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: (Outside Entities). Board of Trustees — October 24, 2017 — Page 3 1. AMERICA IN BLOOM REPORT. Parks Maintenance Worker Keri Kelly and members of the committee, including Derek Fortini, Suzanna Simpson and Charley Dickey presented the Town Board with awards the Town received at the 2017 America in Bloom conference for Midsize Circle of Champions with a 5 out of 5 Blooms. The Town included the Estes valley this year which placed the Town in the midsize category. The judges noted the planters along the new parking structure, use of containers and baskets, and the noteworthy community garden project. Charley Dickey thanked the companies and individuals who sponsored the judges visit this year. 2. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT. Jon Nicholas provided an update on the activities of the organization, including policy governance training for the Board and for other agencies in the community with 100 in attendance, board elections, the continued evaluation of the value of a membership, held annual membership dinner, and continue the program Explore your Store. Randy Hunt/Community Development Director held a public forum on the long-term vision for changes to the Estes Valley Development Code and the impact on the community relative to issues such as workforce housing. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP #3, EPCO, Unit 18, 220 Virginia Drive, Brent & Deborah Nations and the Estes Highlands Homeowners Association/Owner. B. PRELIMINARY TOWNHOME SUBDIVISION PLAT, Raven Rock Townhomes, Metes & Bounds Parcel, TBD Promontory Drive. Request to continue to November 28, 2017. C. SUBDIVISION FINAL PLAT — ESTES PARK RESORT, Lot 1, Lake Estes 2nd Addition, 1700 Big Thompson Avenue, Rocky Mountain Hotel Properties I, LLC/Owner. Request to continue to November 28, 2017. It was moved and seconded (Holcomb/Norris) to approve the Planning Commission Consent Agenda, and it passed unanimously. 2. ACTION ITEMS: A. SUBDIVISION FINAL PLAT — KEARNEY MINOR SUBDIVISION, METES & BOUNDS PARCEL, 1360 BROOK DRIVE, KEARNEY & SONS EXCAVATING, INC/OWNER. Mayor Jirsa opened the public hearing. Planner Gonzales stated the Town Board approved the preliminary plat at their August 22, 2017 meeting. The proposal would create two legal lots and an Outlot. The two lots would continue to have industrial/commercial uses. Neither lot would be accessed from Fish Creek Road. Access shall be maintained from Acacia Drive and Brook Drive. A sidewalk was proposed along Acacia Drive and Brook Drive and was a condition of approval for the preliminary plat application. The construction documents for the sidewalk were approved by Town staff as well as the financial guarantee. Staff has received the security and determined it is acceptable. Mayor Jirsa dosed the public hearing. It was moved and seconded (Holcomb/Koenig) to approve the Kearney Final Minor Subdivision, and it passed unanimously. B. ORDINANCE #26-17 RIGHT-OF-WAY VACATION, METES & BOUNDS PARCEL, 850 CONCORD LANE, WILLIAM LILEY/OWNER. Mayor Jirsa opened the public hearing. Planner Becker reviewed the application to Board of Trustees — October 24, 2017 — Page 4 vacate a 30-foot right-of-way easement granted to the Town of Estes Park as a condition of annexation for the property formerly known as the Waldo Additions. The easement was put in place as access for potential future development to the north and east of the property. The potential for development has been limited by the placement of conservation easements on the surrounding residential properties, including land being owned by the Bureau of Land Management and the Town. Access would be maintained to the Pederson Lots 1, 2 and 3 via a private 14-foot wide easement along the south. All utilities and outside entities potentially impacted have signed off on the proposed right-of-way vacation. The right- of-way easement borders County and would be subject to Board of County Commission approval. The vacation of the easement would reduce road maintenance for the Town. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance. It was moved and seconded (Norris/Koenig) to approve Ordinance #26-17, and it passed unanimously. C. ORDINANCE #27-17 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE TO REMOVE FLOOR AREA RATIO AND THE DENSITY CALCULATION STANDARDS AS THEY RELATE TO THE NUMBER OF EMPLOYEE HOUSING UNITS ALLOWED. Mayor Jirsa opened the public hearing. Planner Gonzales stated the objectives included the removal of all references to Floor Area Ratio (FAR) in the Estes Valley Development Code (EVDC), remove redundant regulations on dimensional standards in all zone districts, remove maximum FAR from Employee Housing Density Calculation, and establish an alternative Employee Housing Density Calculation. FAR applies to all development, except development of a single-family dwelling on a single lot. The calculation of FAR has been used to determine the appropriate allowed mass (cumulative square footage) of structures in comparison to the size of the lot, and has become an outdated planning measure used to regulate how a property should be developed. FAR continues to be used in dense urban cores such as skyscraper districts in metropolitan areas. Staff proposed the complete removal of all reference to FAR in the EVDC and utilize setbacks, impervious coverage, building envelopes and maximum allowed heights to regulate development. The approach would increase transparency. Removal of FAR would require an amendment to the Employee Housing portion of the code to identify maximum allowed development. Staff proposed the cumulative floor -area square footage of all employee housing units on the site and their accessory use areas (garages, carports, decks, etc.) cannot exceed the square footage of the principal use, and the required parking for employee housing units shall not exceed the required parking for the principal use. The Estes Valley Planning Commission recommended approval of the text amendment on September 19, 2017 and the Board of Larimer County Commissioners approved the amendments on October 16, 2017 unanimously. Johanna Darden/Town citizen stated concern the changes would increase the density on residential lots. Planner Gonzales stated the removal of FAR would not impact the density in the residential single-family zoning districts. Jon Nicholas/EVPC member and EDC Executive Director thanked staff for simplifying the code and utilizing the other mechanisms in the code to control development. Attorney White read the ordinance. Mayor Jirsa closed the public hearing. It was moved and seconded (Nelson/Norris) to approve Ordinance #27-17, and it passed unanimously. D. ORDINANCE #28-17 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING MAXIMUM RIDGELINE HEIGHT Board of Trustees — October 24, 2017 — Page 5 FOR STEEPLY -SLOPED GABLED & HIPPED ROOF STRUCTURES. Mayor Jirsa opened the public hearing. Director Hunt stated with the recent amendment to the method used to measure building height and average method for calculating the high plane of a gabled or hipped roof, the Board questioned the impact on A -frame style homes. The objective of this proposed code amendment would be to amend the EVDC to place an upper (ridgeline) height limit on buildings with steep -sloped roofs and add an absolute maximum limit for how tall a structure's ridgeline (highest plane) could be, if the slope is greater than 12:12 pitch (i.e., a 45-degree angle or greater from horizontal). For a 12:12 or greater sloping roof, the height would be measured to the ridgeline, instead of the average. For most buildings, that would mean 30 feet from finished grade to ridgeline. An additional suggested change would be to clarify the lowest -plane roofline be changed from eaveline to a precise term used in the Building Codes of point of the topmost top plate. Attorney White read the Ordinance. Mayor Jirsa closed the public hearing. It was moved and seconded (Koenig/Holcomb) to approve Ordinance #28-17, and it passed unanimously. 4. ACTION ITEMS: 1. LOCAL MARKETING DISTRICT BOARD APPOINTMENTS. Town Clerk Williamson stated the Town and Larimer County received a combined total of 16 applications for 6 positions on the Local Marketing District Board. One applicant did not qualify because they were term limited and had only been off the LMD Board for 9 months. All qualified applicants were interviewed by the committee consisting of Larimer County Commissioner Donnelly, Mayor Jirsa, Trustee Norris and LMD Board Member Jurgens. The Town Interview Committee made the following recommendations: Lowell Richardson, November 1, 2017 — December 31, 2018 — 1- year term • Chris Amundson, November 1, 2017 — December 31, 2019 — 2- year term • Anne Morris, November 1, 2017 - December 31, 2020 - 3-year term • Deborah Gibson, January 1, 2018 — December 31, 2021 — 4-year term The County Commissioners would consider the appointment of Stefano Tomasello and Pat Murphy at their meeting on October 31, 2017. Mayor Jirsa and Trustee Norris stated they were impressed with the applicants and the number of individuals interested in serving the community. Tracey McGinnis/County citizen commented she agreed with the committee's selections; however, questioned if there would be a conflict of interest for Mr. Amundson because of his interest in Utah Life and Colorado Life magazines. Art Messal/Town citizen stated concern the proposed appointments would led to 4 Estes Area Lodging Association members on the Board, and therefore, change would not occur. With the removal of the recent Board members the community has an expectation of change and increased accountability. He requested the removal of Elizabeth Fogarty as CEO of the organization. Michelle Hiland/Town citizen stated the Town and County would not be considering the change in Board members if it were not for her and others willingness to learn about the organization. She stated disappointment in not having the opportunity to serve on the Board to affect the needed change. Paula Scheil/Town citizen commented she was happy with the choices and the quality of the applicants. Board of Trustees — October 24, 2017 — Page 6 It was moved and seconded (Norris/Holcomb) to appointment Lowell Richardson for a 1-year term, November 1, 2017 — December 31, 2018, Chris Amundson for a 2-year term, November 1, 2017 — December 31, 2019, Anne Morris for a 3-term, November 1, 2017 — December 31, 2020, and Deborah Gibson for a 4-year term, January 1, 2018 — December 31, 2021, and it passed unanimously. 2. RESOLUTION #25-17 ESTES PARK LOCAL MARKETING DISTRICT 2018 BUSINESS AND OPERATING PLAN. Town Administrator Lancaster stated by state statute the Local Marketing District shall file an Operating Plan for the next fiscal year to the appropriate local government(s) by September 30th of each year. A plan was received by the deadline. The Board requested a third - party expert review the 2018 LMD plan and compare it to the requirements of the state statute and other operating plans developed. Staff contracted with Sandy Hall Consulting LLC to complete the review and provide process recommendations for the LMD and its Operating Plan. Through the review it was noted the LMD was performing at or above other Marketing Districts. However, there were areas, such as goals and objectives, that were noted as weak. Staff stated if the Operating Plan was not approved for any given year, the District would not be allowed to collect the LMD tax in the following year. Mayor Jirsa recommended the newly appointed Board review the Operating Plan, and further recommended the first quarter meeting with the LMD and the Town include a discussion on changes to the Operating Plan to address concerns outlined in the third -party review. Trustee Walker stated concern with the draft Operating Plan; however, he would vote for its approval due to the consequences if it were not approved. Charley Dickey/Town citizen stated concern the Operating Plan would be approved without a review of the budget. He strongly suggested the new Board review the proposed 2018 budget. Art Messal/Town citizen questioned why a third -party review was conducted. He stated the proposed Operating Plan does not meet the standards of a plan because there are no metrics and no strategic plan. It was moved and seconded (Nelson/Holcomb) to approve Resolution #25- 17, and it passed unanimously. 3. CONSIDERATION OF QUORUM CHANGE FOR THE FAMILY ADVISORY BOARD. Assistant Town Administrator Machalek presented a request to change the quorum for the Family Advisory Board (FAB) from two-thirds (2/3) of the total Board to one-half (1/2) of the total Board in order to facilitate the schedules of the large Board. The reduction would allow additional flexibility for the FAB to meet if members have scheduling conflicts. It was moved and seconded (Norris/Holcomb) to approve the revised bylaws for the Family Advisory Board to change the quorum from two-thirds of the Board to one-half of the Board, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8:30 p.m. Todd Jirsa, Mayor e Williamson, Town Clerk