HomeMy WebLinkAboutMINUTES Town Board 2019-04-23Town of Estes Park,Larimer County,Colorado,April 23,2019
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 April,2019.
Present:Todd Jirsa,Mayor
Cody Rex Walker,Mayor Pro Tern
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
Kimberly Disney,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/Cenac)to approve the Agenda with Action Item
7 to follow Planning Commission Items and the addition of Consent Item 13 and
Action Item 8,and it passed unanimously.
PUBLIC COMMENTS.
Jennifer Waters/Town Citizen spoke in support of a Stormwater Utility in regards to water
containment and movement,federal grants,robust economy,and the downtown being
the current water storage area.She stated it would be a mistake to do nothing or to vote
down a stormwater master plan all together,and urged the Town to enact a utility scheme
based on impervious area to fund business grants and maintenance of neighborhoods.
TOWN BOARD COMMENTS
Trustee Norris stated the Estes Valley Planning Commission (EVPC)would meet May
21,2019 with the regular meeting beginning at 6:00 p.m.He visited Cliffhanger Used
Books and encouraged citizens to visit,and congratulated Trustee Zornes on a recent
article in the Estes Park Trail Gazelle.
Mayor Jirsa stated Platte River Power Authority hired a new General Council,Sarah
Dennison Leonard.
Trustee Bangs stated the Transportation Advisory Board (TAB)met multiple times
regarding parking issues and she met with Old Town Media regarding marketing
strategies for Broadband.
Trustee Cenac stated the Rooftop Rodeo Parade would be July 9,2019,the application
could be found on the Rodeo’s website due by June 15,2019.
Trustee Martchink stated the Parks Advisory Board met April 18,2019.They discussed
the noxious weed ordinance and Estes Arts District provided an update on the Mountain
Heritage Festival held May 3,2019.A Request for Proposals has been issued for utility
box decoration and parking structure banners.
TOWN ADMINISTRATOR REPORT,
Policy Governance Monitoring Report -Policies 3.3 And 3.7 Executive Limitations.Town
Administrator Lancaster Reported overall compliance with Policies 3.3 and 3.7.
Board of Trustees —April 23,2019—Page 2
A request has been made to amend EVPC Bylaws lowering the one-year residency
requirements to allow an interested candidate to be eligible.Trustees determined to add
the amendment as an Action Item for a future Town Board meeting.
Town Clerk Williamson provided an update on recall petitions.The recall petition for
Mayor Jirsa was found insufficient as it lacks the required number of signatures,one
protest has been filed.The recall petition for Mayor Pro Tem Walker was found sufficient
with one protest filed to date.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated April 9,2019 and Town Board Study Session Minutes
dated April 9,2019.
3.Estes Valley Planning Commission Minutes dated March 19,2019 and Study
Session Minutes dated March 19,2019 (acknowledgement only).
4.Parks Advisory Board Minutes dated March 21,2019 (acknowledgement only).
5.Transportation Advisory Board Minutes dated March 20,2019 (acknowledgement
only).
6.Family Advisory Board Bylaws Update —Membership requirement change from
10-15 members to 7-10 members.
7.Intent to Annex Resolution 10-19 Wildfire Homes Addition,Public Hearing date
scheduled May 28,2019.
8.Approval of CDOT Grant Agreement for One Battery-Electric Trolley and One
Charging Station Grant of $403,266 and Town Match of $69,810,Budgeted.
9.Letter of Support for Land Water Conservation Funds.
10.Amendment to the Voluntary Water System Transfer Agreement with Prospect
Mountain Water Company.
11.Acceptance of Town Administrator Policy Governance Monitoring Reports.
12.2019 Street Overlay Program Contract Awarded to Coulson Excavating Co.,Inc.,
for $1,217,796.00,Budgeted.
13.Estes Park Board of Appeals Appointment of Don Darling for a term expiring May
1,2022.
Trustee Zornes sought clarification on publication requirements and processing of
Consent Item 7.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.ORDINANCE 06-19 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE,SECTION 5.1.B VACATION HOMES (VHR)AND SECTION 5.1.U
BED AND BREAKFAST INNS (B&B).Mayor Jirsa opened the public hearing
and Code Compliance Officer Hardin presented Ordinance 06-19 amending
the Estes Valley Development Code (EVDC)Section 5.1 .B VHRs and Section
5.1 .U B&Bs.The Town has registered 744 VHRs and 20 B&Bs,the cap of 588
VHRs in residential zoning districts was met in May 2018 and there were
currently 38 applications on the wait list.It was deemed necessary to review
the regulations after two years of enforcing regulations for VHRs and one year
enforcing regulations for B&Bs.The amendments would remove outdated
information,clarify processes and timelines,expand the boundary for local
representatives,and add requirments for complying with wildlife ordinances
and sign codes.Trustees sought clarification on ownership transfers of VHRs.
They also discussed how transfers could affect property values,selling a home
as business,and the timeline for reviewing the cap on residentail zoned
registrations.Mayor Jirsa closed the public hearing and Town Attorney White
read the ordinance into the record.It was moved and seconded
(Norris/Zornes)to approve Ordinance 06-19,and it passed with Trustee
Martchink voting ‘no’.
Board of Trustees —April 23,2019—Page 3
ACTION ITEMS:
1.RESOLUTION OF RESPECT 11-19 SUPPORT FOR LOCAL FIREFIGHTERS.
Town Administrator Lancaster presented Resolution 11-19 supporting and
thanking local firefighters and members of the Estes Valley Fire Protection District
and Glen Haven Fire Protection District.Town Administrator read the resolution
into the record and it was moved and seconded (Norris/Martchink)to approve
Resolution 11-19,and it passed unanimously.
2.ORDINANCE 07 -19 EXTENDING THE TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS.Mayor Jirsa opened the public hearing and
Planner Woeber presented Ordinance 07-19 extending the temporary moratorium
on the application and review of Park and Recreation Facilities in residential zoning
districts.Following the continuation of Ordinance 05-19 to May 28,2019,the
moratorium would provide further time for research and inventory of existing park
and recreation uses which may be impacted by code amendments.
Rick Ralph/Town citizen spoke in support of proposed Ordinance 05-19 and stated
the moratorium would be beneficial to the Town.He requested staff provide an
update to the Town Board on their progess at the May 9,2019 Study Session.
Mayor Jirsa closed the public hearing and Town Attorney White read the ordinance
into the record.It was moved and seconded (Zornes/Norris)to approve
Ordinance 07-19,and it passed with Mayor Jirsa and Mayor Pro Tern Walker
voting “no”.
3.POLICY 851 COMPLETE STREETS.
Manager Hook presented Policy 851 Complete Streets created by Town staff and
the TAB.The policy would establish practices within Public Works to promote and
encourage the development of a multi-modal transportation network would provide
access to all users.Complete Streets principles would provide comprehensive,
safe,convenient,and comfortable routes for walking,bicycling,and public
transportation.In response to Town Board feedback at the February 12,2019
Town Board Study Session,a public open house was held on March 20,2019 to
inform the community about the proposed policy and receive public input.TAB
Chair Morris spoke about the positive public input received at the open house.
Tom Street/County citizen spoke as a member of TAB and stated hundreds of
communities in the country use a Complete Streets Policy and Public Works has
previously used the guidelines of this policy informally.Complete Streets considers
the whole space between lots and buildings at a location and considers people
and automobile movement.
It was moved and seconded (Zornes/Bangs)to approve Policy 851,and it
passed unanimously.
4.FEE WAIVER REQUEST -444 STANLEY AVENUE,BUILDING PLAN REVIEW
&BUILDING PERMIT FEES.Planner Hathaway presented the fee waiver request
for 444 Stanley Avenue for building plan and permit fees associated with the
construction of a workforce housing development project.The Town Board
previously approved a fee waiver in the amount of $1,250.00 for the development
plan application fee.Additionally,the Town Board approved a 20%fee subsidy
request for water tap fees for this project.Per the fee estimate provided by the
Building Division,the estimated building permit and review fees amount to
$6,570.22 with a cost not to exceed $7,100.00 should additional plan reviews be
performed beyond second review.It was moved and seconded (Walker/Norris)
to approve the Fee Waiver Request for 444 Stanley Avenue as presented,and
it passed unanimously.
Board of Trustees —April 23,2019 —Page 4
5.HISTORICAL SIGN APPROVAL,ESTES PARK SUGAR SHACK,153 VIRGINIA
DRIVE,ED GRUEFFIOWNER.Code Compliance Officer Hardin presented the
Historical Sign Application to restore the marquee sign to its original working order
for Estes Park Sugar Shack at 153 Virginia Drive.She detailed the history of
signage at 153 Virginia Drive and elements of the original sign.The proposed
restoration would include the repair of neon lights and replacement of 10’lamps
with LEDs.The size of the legal non-conforming sign would remain the same.
Owner Ed Grueff spoke about his entrepreneurial spirit and his intention to create
an interactive candy store and bakery at the Sugar Shack.
Kent Smith/Town citizen spoke regarding the technical attributes of the sign and
historical materials which would be available.
It was moved and seconded (MartchinklCenac)to approve the Historical Sign
Application for the Estes Park Sugar Shack,153 Virginia Drive,and it passed
unanimously.
6.IDLEWILD WATER LEASE AGREEMENT.
Superintendent Eshelman presented the Idlewild Water Lease Agreement to lease
up to 3.5 acres feet of water per year to the Idlewild Water Users Association for
20 years.The residents of the Idlewild Subdivision no longer have access to
previous water sources due to demolition of the Idlewild Dam Water Pipeline as a
result of the 2013 flood.The Town’s water supply would not be jeopardized by
providing assistance to the Idlewild Water Users Association.It was moved and
seconded (Norris/Martchink)to approve the Idlewild Water Lease Agreement,
and it passed unanimously.
7.INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE PROGRAMMING
AND INFRASTRUCTURE AND IMPROVEMENTS.Town Administrator Lancaster
presented the Intergovernmental Agreement for Solid Waste Programming and
Infrastructure and Improvements.Due to the Larimer County landfill closure,
expected in the next five years,municipalities of Larimer County have worked
together to determine the best course of action.The ISA would provide a
coordinated strategic direction for waste management in the county,define roles
and commitments of each party,and provide a roadmap for waste management
moving forward.It was moved and seconded (Walker/Bangs)to approve the
IGA for Solid Waste Programming and Infrastructure and Improvements,and
it passed unanimously.
8.APPOINTMENT OF HEARING OFFICER FOR PROTESTS OF RECALL
PETITIONS.Mayor Jirsa and Mayor Pro Tem Walker recused themselves and
Trustee Norris was appointed Chair of the item.Town Attorney White presented
the appointment of Alicia Calderon,Loveland Deputy City Attorney,as the Hearing
Officer for protests filed for the recall petitions.The Town would enter into a
standard agreement with the City of Loveland for services.Protest hearings must
be concluded within 30 days of the recall petition being filed.
Charley Dickey/Town citizen stated he would withdraw the protest for the Maor
Jirsa recall petition.
It was moved and seconded (MartchinklZornes)to appoint Alicia Calderon as
Hearing Officer for protests of recall petitions and authorize Town Attorney
White to execute the Agreement for legal services between the Town of Estes
Park and City of Loveland,and it passed with Mayor Jirsa and Mayor Pro Tem
Walker “abstaining”.
REPORT &DISCUSSION ITEMS:
1.BUILDING DIVISION IMPROVEMENTS AND PROGRESS.Director Hunt
provided an update on Building Division improvements and progress.He
highlighted amending Building Division workload,staffing struggles,delayed
implementation of Laserfiche,and review of contracted services with SafeBuilt.
Board of Trustees —April 23,2019—Page 5
Trustee Norris requested any process drawings and feedback from building
contractors and SafeBuilt be provided to the Board.
Valery Thompson/Town Citizen appreciated the improvements and staff efforts but
spoke regarding delays she encountered with building permits for 444 Stanley
Avenue.
Whereupon Mayor Jirsa adjourned the meeting at
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1imberlyey1 cording Secretary
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