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HomeMy WebLinkAboutMINUTES Town Board 2019-05-14Town of Estes Park,Larimer County,Colorado,May 14,2019 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 14th day of May,2019. Present:Todd Jirsa,Mayor Cody Rex Walker,Mayor Pro Tern Trustees Carlie Bangs Marie Cenac Ron Norris Ken Zornes Also Present:Frank Lancaster,Town Administrator Travis Machalek,Assistant Town Administrator Greg White,Town Attorney Bunny Victoria Beers,Recording Secretary Absent:Trustee Patrick Martchink and Town Administrator Frank Lancaster 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/Walker)to approve the Agenda moving Action Item #1 after the Report and Discussion Item,and it passed unanimously. PUBLIC COMMENTS. John Meissner/Town citizen questioned whether the Economic Dashboard could incorporate the percentages reached of the total budget for the year and the projected month the budget would be met based on those trends. Kevin Payne/Town citizen shared issues he has experienced finding consistent childcare and requested the Board continue efforts to address childcare issues. Vanessa Solesbee/County citizen stated a ChUdcare facility she used was recently shut down by the State,adding there is no certainty in childcare and issues occur statewide, not limited to Estes Park.Children,parents and the community suffer due to childcare issues.Providers are placed in uncomfortable situations when pressured to take on more children than licensed by the State. TOWN BOARD COMMENTS Trustee Bangs stated numerous citizens have informed the Task Force of childcare and housing concerns.Childcare issues affect families and has not often been voiced due to efforts made by parents to ensure their children have care.She encouraged the Board continue to make childcare efforts a priority. Trustee Norris stated beginning May 21,2019 the Planning Commission would hold their regular meeting at 7:00 p.m.with the study session taking place prior to the regular meeting. Trustee Zornes stated the Larimer County Behavioral Health first quarter sales tax increase has been collected and the Technical Advisory Committee would provide recommendations on how funds are distributed.The Policy Advisory Committee for Wasteshed was recognized as a recipient of the Colorado 2019 Outstanding Elected Officials Award.He also attended afundraiser for the Police Department hosted by Shield 616 which raised approximately $8,000 towards seven sets of equipment for officers. TOWN ADMINISTRATOR REPORT. Board of Trustees —May 14,2019—Page 2 Assistant Town Administrator Machalek stated a public meeting to discuss childcare and housing would be held on May 22,2019 in Town Hall from 5:30 p.m.to 7:00 p.m. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated April 23,2019 and Town Board Study Session Minutes dated April 23,2019. 3.Family Advisory Board Minutes dated April 4,2019 (acknowledgement only). It was moved and seconded (Walker/Bangs)to approve the Consent Agenda,and it passed unanimously. REPORTS AND DISCUSSION ITEMS:(Outside Entities). 1.FIRE DISTRICT UPDATE.Chief Wolf provided a review of Pulse Point,an application available for download which alerts the public to emergency situations, controlled burns and cardiac arrest victims in the area.Through cooperation between Poudre Valley and LETA,the application,available at no cost to the subscriber,was anticipated to reduce the time between a cardiac arrest event and CPR administering efforts.He reminded visitors and locals to opt-in to receive emergency notifications from LETA.He provided an overview of Fire District history,funding sources,expenses and calls for service.Full time employees include a Fire Chief,two Fire Prevention and Education Division members,a Suppression/Training Division member and an Office Manager and 39 active volunteer members.Wildfire education was provided to the public in the form of handouts or through free property assessments to evaluate mitigation.Firefighting, water rescue and technical rescue capabilities have increased in 2019 and were presented to the Board. ACTION ITEM: 1.RESOLUTION 12-19 RATIFYING THE 2018 INTERNATION FIRE CODE (IFC) AS AMENDED AND ADOPTED BY THE ESTES VALLEY FIRE PROTECTION DISTRICT (EVFPD).Director Hunt proposed a resolution aligning with the EVFPD’s adoption of the same code enabling its administration and enforcement within Town limits which was outlined in the intergovernmental agreement.The IFC has been reviewed by staff,Fire Marshal Jerome and Chief Wolf whom find the code compatible and congruent with Town codes and regulations and would help foster a safe environment through reasonable safety regulations.Chief Wolf stated the existing Fire Code requires sprinklers in one and two-family dwellings and the new code amendments remove this requirement.Information was provided to the public through outreach,the district website and social media. Director Hunt provided grammatical corrections and requested the removal of provisional #2 which was not required for resolutions per Attorney White.It was moved and seconded (Walker/Norris)to approve Resolution 12-19 with staff corrections and the removal of provision #2,and it passed unanimously. PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff for Town Board Final Action. 1.ACTION ITEMS: A.ORDiNANCE 08-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE (EVDC)§4.4 ADDING AN “EVENT FACILITY”USE TO THE A (ACCOMMODATIONS)AND THE CO (OULYING COMMERCIAL)ZONING DISTRICTS,AND §13.2 ADDING A DEFINITION OF “EVENT FACILITY”. Mayor Jirsa opened the public hearing and Planner Woeber presented Ordinance 08-19 to amend the EVDC adding an “Event Facility”use to the A (Accommodations)and the CO (Outlying Commercial)zoning districts,and adding a definition of “Event Facilty”.The code does not addess the type of use directly,which would be a use-by-right with special review.Use exists for weddings,anniversarys,and events defined as religious assembly.He read Board of Trustees —May 14,2019—Page 3 the definition staling the existing use was not always a religious assembly and required updates.Staff recommended the approval of the ordiance.The Black Canyon Inn and Chalet are examples of businesses proposing buildings which led to staff review of code definitions.Mayor Jirsa closed the public hearing and Town Attorney White read the ordinance into the record.It was moved and seconded (Zornes/Walker)to approve Ordinance 08-19,and it passed unanimously. B.ORDINANCE 09-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE (EVDC)§9.2 and §9.3 TO REMOVE RESTRICTIONS THAT LIMIT PLANNED UNIT DEVELOPMENTS TO THE CO (OUTLYING COMMERICAL)ZONING DISTRICT.Mayor Jirsa opened the public hearing and Planner Woeber presented Ordinance 09-19 to amend the EVDC to remove restrictions limitting PUDs to the CO zoning district.The change would allow PUDs in all zoning districts within the development area.Any PUD would require full review and Board action.Planner Woeber stated the Homeowners Association for Windcliff Estates approached staff regarding re-establishing a PUD in the area. David Yale/County citizen stated Windcliff property owners were notified of the proposed changes.He added if a PUD plan is put together it would require all Windcliff land owner approval.He stated the staff memo did not accurately reflect the amount of vacation homes within Windcliff. Bob Parkinson/County citizen requested clarification on Chapter 13 of the EVDC and whether the Home Owners Association would have the ability to apply for a PUD.Attorney White responded to the request stating an application for a PUD must be initiated by landowners. Richard Ralph/Town citizen requested the denial of the ordinance as presented.He stated the ordinance enables through a PUD commercial uses on residentially zoned land.Increasing the number of vacation homes deminishes the number of available housing for year round residents and increases the price of properties. Mike Miller/County citizen stated a small percentage of homes in Windcliff operate as vacation homes.He provided the Board numerous issues he has personally witnessed related to vacation home rental operation and requested the denial of any action which would allow an increase to the amount of vacation homes. The Board agreed more discussion would be necessary prior to taking action on the ordinance. Mayor Jirsa closed the public hearing and Town Attorney White read the ordinance into the record.It was moved and seconded (Norris/Cenac)to continue Ordinance 09-19 to June 25,2019,and it passed unanimously. C.ORDINANCE 10-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE (EVDC)§3.8 TO REVISE THE NUMBER OF PARKING SPACES PROPOSED THAT WOULD REQUIRE DEVELOPMENT PLAN REVIEW.Mayor Jirsa opened the public hearing and Planner Woeber presented Ordinance 10-19 to amend the EVDC to revise the number of parking spaces requiring development plan review. EVDC does not have a requirement for the review of projects with 10 or fewer parking spaces.Building permit review and approval was required for projects with 10 or fewer spaces.The proposal would revise the staff-level development plan for projects proposing between 3 and 20 parking spaces providing clear standards for review.The change would require plan review on more projects. John Meisner/Town Citizen required more clarification on the determination of the minimum number requirement. BQard of Trustees —May 14,2019—Page 4 Director Hunt stated the change would only affect residental properties which require development plan review.He added the value of three has been developed to mimic other community standards and triggers review for ADA compliance.He referenced the location of Ziggi’s coffee shop as a location which did not required review with the current code and would be required with the presented ordinance.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 10-19,and it passed with Trustee Cenac voting no. D.ORDINANCE 11-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE (EVDC)§3.2 TO CLARIFY AND DEFINE PROCEDURES,APPLICABILITY, AND REQUIREMENTS FOR NEIGHBORHOOD AND COMMUNITY MEETINGS.Mayor Jirsa opened the public hearing and Planner Woeber presented Ordinance 11-19 to clarify and define procedures,applicability,and requirements for neighborhood and community meetings.The addition was made to the code in 2018.Changes included revisions to terminology,clarification on meetings which do not require a public hearing,and updates to content which did not fully cover staff intentions and accurately provide guidance for the community eliminating confusion.Posting requirements would be consistent with current code requirements. Charlie Dickeyrrown Citizen stated the notice should be the respnsibilty of the contractor as common sense. Mayor Jirsa closed the public hearing and Town Attorney White read the ordinance into the record.It was moved and seconded (Cenac/Norris)to approve Ordinance 11-19,and it passed unanimously. ACTION ITEMS: 1.SETTING THE PUBLIC HEARING DATE FOR ORDINANCE 12-19 ADOPTING THE 2018 MODEL TRAFFIC CODE.Staff recommends the removal of the appendix which was not a requirement and involves significant staff time due to the level of detail.Changes would include parking violation amount and modifications for flexibility to beginning and end dates for enforcement in response to varying visitation demands.Director Muhonen requested Board feedback on the proposed ordinance. Charlie Dickeyffown citizen stated violations occur in loading zones and mentioned the difficulty staff and the public face due to seasonal enforcement. Board comments have been summarized:Staff intentions for moving parking enforcement away from the Police Department and their thoughts on the change; concern was voiced regarding enforcement without proper training;benefits to implementing year-round parking enforcement;expanding parking observations year-round;and including Transportation Advisory Board and public input prior to public hearing. It was moved and seconded (Walker/Norris)to approve setting the public hearing date of June 11,2019 for Ordinance 12-19,the motion did not move forward because an amended motion was proposed. It was moved and seconded (Walker/Cenac)to approve setting the public hearing date of June 11,2019 to consider the 2018 Model Traffic Code,and it passed unanimously. 2.LETtER OF SUPPORT FOR THE 2019 FEDERAL LANDS ACCESS PROGRAM (FLAP)GRANT FOR FALL RIVER TRAIL.Director Muhonen stated staff presented grant options at the April 23,2019 study session.The Board was in Board of Trustees —May 14,2019—Page 5 consensus to submit application for Moraine Avenue.A funding coordination agency reached out and recommended staff apply for both projects.Staff conversations with the grant administrators clarified the submittal of several applications for a single grant would not negatively affect receiving the grant.Staff stated funds have been collected for the local match and requested the authorization of the letter of support.It was moved and seconded (Walker/Cenac)to approve the Mayor signature on the Letter of Support for the 2019 FLAP grant for Fall River Trail,and it passed unanimously. 3.LETTER OF SUPPORT FOR THE 2019 FEDERAL LANDS ACCESS PROGRAM (FLAP)GRANT FOR MORAINE AVENUE.Director Muhonen stated the application for Moraine Avenue was determined after the April 23,2019 study session and requested Board approval of the letter. John Meisnerifown citizen requested clarification on which improvements the project would address. Tom Street!Town citizen,Gordon Slack/Town citizen,Linda Hanick/Town citizen and Belle Morris/Town citizen spoke in favor of the grant application in regard to the project supporting the Downtown Estes Plan,the project would address walking and bicycling safety/demands not currently being met with the lack of connectivity,updates to the area address dangerous roads and support the economy,travel and businesses. The Board requested clarification on how road widening would occur where the road is narrow and if the application would include upgrades to the intersection at Marys Lake Road and Moraine Avenue. It was moved and seconded (Walker/Bangs)to approve the Mayor signature on the Letter of Support for the FLAP grant for Moraine Avenue,and it passed unanimously. 4.LETTER OF SUPPORT FOR THE BUILD GRANT FOR BIG THOMPSON RIVER CHANNEL WORK AND BRIDGE REPLACEMENT.Director Muhonen stated the application was presented to the Board at the April23,2019 study session.Initially, a budget supplement was required to cover the cost to hire a consultant to build the application.Staff stated funds are available in the 2019 STIP budget for Professional Services to hire AECOM to prepare and submit the grant application. Local match funding in the amount of $1.5 million dollars is available in General Funds equaling 6%of the estimated project cost.The final design has not been produced and would be part of the application.If awarded the project would eliminate $25 million in cost towards the proposed Stormwater Management Plan in turn reducing cost escalation.Director Muhonen stated the application holds value as it can be modified and reapplied toward other grants.Staff recommended approval of the letter of support.It was moved and seconded (Norris/Bangs)to approve the Mayor signature on the Letter of Support for the 2019 BUILD grant and bridge replacement with $1.5 million or 6%in local match funds, and it passed with Walker voting no. Whereupon Mayor Jirsa adjourned the meeting at 9:22p.m. 1 - Todd Jirsa,ayor t / Bur4fi-’1ctoria Beers,RecoräIng Secretary