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HomeMy WebLinkAboutMINUTES Town Board 2019-05-28Town of Estes Park,Larimer County,Colorado,May 28,2019 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 28th day of May,2019. Present:Todd Jirsa,Mayor Cody Rex Walker,Mayor Pro Tem 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 Jackie Williamson,Town Clerk Absent:None Mayor Jirsa called the meeting to order at 6:00 p.m. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Norris/Cenac)to discuss a personnel matter under Section 24-6-402(4)(fl,C.R.S.and not involving:any specific employees who have requested discussion of the matter in open session;any member of the Town Board (or body);the appointment of any person to fill an office of the Town Board (or body);or personnel policies that do not require discussion of mailers personal to particular employees —Town Administrator Position,and it passed unanimously. The Board entered Executive Session at 6:02 p.m.and concluded at 6:50 p.m. Mayor Jirsa reconvened 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/Bangs)to approve the Agenda,and it passed unanimously. PUBLIC COMMENTS. Charley Dickey/Town citizen thanked Trustee Norris,Trustee Bangs and Assistant Town Administrator Machalek for participating in the Workforce and Childcare Task Force.He looks forward to the development of recommendations for the Board’s consideration. John Meissnerrrown citizen thanked Tom Hannah for hosting a meeting to discuss the traffic issues on 3 Street.He stated the meeting was well attended by the Town staff and Mayor Pro Tem Walker. TOWN BOARD COMMENTS Trustee Norris commented the Town hosted a public meeting to receive input on childcare and housing issues.He stated the Task Force would present recommendations to the Town Board at the study session on June 11,2019.He congratulated Sergeant Life and his daughter on both graduating from college with a Masters and Bachelor degree respectively. Trustee Bangs thanked the roughly 50 people who attended the childcare and workforce meeting and provided their feedback.She also thanked the artist for their submissions to the Parks Advisory Board for the ongoing utility box painting project and banners for the parking garage. Board of Trustees —May 28,2019—Page 2 Trustee Cenac stated the Rooftop Rodeo Committee traveled to Stoneham,Colorado to visit the stock contractor during the rough stock academy.She thanked the hospital and ambulance service for their quick response in diagnosing and transporting her son for emergency surgery. TOWN ADMINISTRATOR REPORT. None. 1.CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated May 14,2019 and Town Board Study Session Minutes dated May 14,2019. 3.Town Board Strategic Planning Study Session Minutes dated April 3,2019 and April 25,2019. 4.Estes Valley Board of Appeals Minutes dated February 1,2018,December 6, 2018,and May 2,2019(acknowledgment only). 5.Estes Valley Planning Commission Minutes dated April 16,2019 and Study Session Minutes dated April 16,2019 (acknowledgment only). 6.Transportation Advisory Board Minutes dated April 17,2019 (acknowledgment only). 7.Parks Advisory Board Minutes dated April 18,2019 (acknowledgment only). 8.Art in Public Places (AIPP)Approval of Decorating Utility Box (DUB)Art Proposals. 9.Art in Public Places (AIPP)Approval of Parking Structure Banner Art Proposals. 10.Intergovernmental Agreement with CDOT for Graves Avenue Improvements. 11.Local Marketing District Appointment of Tonya Humiston for a term expiring December31,2022. 12.Transportation Advisory Board Appointment of Scott Moulton for a term expiring March 31,2022. 13.Town Attorney Employment Agreement. 14.Third Extension of the Agreement to Operate Water System with Prospect Mountain Water Company Inc. Trustee Zornes requested the removal of Consent Item 8 for further discussion and action.It was moved and seconded (Walker/Norris)to approve the Consent Agenda Items I -7 and 9 -14,and it passed unanimously. Item 8 -Art in Public Places (AIPP)Approval of Decorating Utility Box (DUB)Art Proposals.Trustee Zornes questioned how the art was approved and why the pioneer women submission was not selected.Brian Berg/Parks Division Supervisor stated the Parks Advisory Board (PAB)reviews the applications submitted by the artists through the Art in Public Places program and recommends art for the Town Board’s final approval.The PAB had minimal discussion regarding the submission and it was decided the submission by Michael Young was preferred for the location in Bond Park. Jean McGuire/League of Women Voters President stated the 1 00th anniversary of the passage of the 1 amendment to the Constitution would occur in 2020.The Town has a number of statues which commemorate the men in the community.She stated the town should reconsider the pioneer women submittal to honor the contribution of women in the community. Town Administrator Lancaster recommended the utility box art request for proposals in 2020 include the solicitation for the subject matter. Board of Trustees —May 28,2019—Page 3 Johanna Darden/Town citizen stated the pioneer women submittal would be appropriate for the Bond Park utility box because the park already contains a statue of Enos Mills.The women of Estes Park should be represented in the park. After further discussion,it was moved and seconded (Walker/Martchink)to approve the Consent Agenda Item 8 as presented,and it passed unanimously. 2.REPORTS AND DISCUSSION ITEMS:(Outside Entities). 1.ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY UPDATE.Derek Vinge provided an update on the organization’s activities,including a hiatus of the ‘Explore Your Store”program,continue to explore the development of a Chamber of Commerce with the formation of an interim board and the goal to be open by 2020,advocating against the online sales tax changes being proposed by the State,and Business After Hours would be suspended during the summer. 3.PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff for Town Board Final Action. 1.ACTION ITEMS: A.ORDINANCE 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE “PARK AND RECREATION FACILITIES”USE REVISING THE DEFINITION,REVISING THE PERMITTED USES TABLES, AND ADDING SPECIFIC USE STANDARDS.Planner Woeber stated the code amendment was presented to the Town Board at their April 9,2019 meeting and continued to provide the staff time to develop an inventory of existing uses in the Estes Valley which may be impacted by the code amendment.The inventory revealed there were more than seven private Parks and Recreation facilities in the valley on land zoned residential, including the Aerial Tramway,Elkhorn Lodge Stables,Cheley Camp,YMCA, Sombrero Ranch,MacGregor Ranch,unspecified private waters,climbing on private property through an agreement located off Elm Road,and climbing on the Thumb of Prospect Mountain. Discussion followed by the Board and has been summarized:questioned if the code amendment would prevent private commercial recreation in residential zones;the amendments would not allow the currently conforming legally operating businesses to expand and grow because they would become non-conforming uses;can a variance be granted for the current businesses to operate;and questioned whether a business impacted by fire could rebuild if it was non-conforming. Planner Woeber stated the Board could approve the current amendment and address the non-conforming use through an additional amendment such as allowing a one-time alteration on a limited basis,use not provided for classification could be developed and would not be recommended,or Special Review process developed. Attorney White commented with the adoption of the amendment the properties would become non-conforming and subject to the non-conforming use regulations of the Estes Valley Development Code,including no enlargement of a non-conforming use,the use is forfeited if abandoned for a year or more,and if the non-conforming use is damaged up to 50%you may rebuild it within a year. Those speaking in favor of the code amendment included Diane Ernst/Town citizen,Bob LeaviWCounty citizen and Planning Commission Chair,Richard Ralph/Town citizen,Virginia Page/Town citizen,Jay Vetter/County citizen, and Johanna Darden/Town citizen.Comments have been summarized: commercial expansion in residential zones would have a negative impact on the development of housing,quality of life,development of low-density Board of Trustees —May 28,2019—Page 4 housing,and attracting and maintaining families;park and recreational facilities should be an accessory use in the accommodation zoning districts and not a use by right;a separate zoning could be created to address the non-conforming uses created by the code amendment;and continuing the item may prevent development applications from being considered and limit business opportunities Jon Nicholas/Economic Development Corporation Executive Director stated the amendment would prohibit private activity in residential zones,however, public activity would not be impacted by the amendment.The government can continue to develop park and recreational activities in residential zones through a Location and Extent review.Outdoor activities are the community’s brand;therefore,the community should support the reinvestment by these businesses.He would support the extension of the moratorium and revisit the definition. Further Board discussion was heard:the businesses identified built this community and the code amendment would make them non-conforming;the extension should be continued to provide staff time to bring forward an ordinance to address the non-conforming concerns;the Ordinance has been recommended by staff and approved unanimously by the Planning Commission;the historic businesses should be considered and the item should be tabled until the issue on non-conforming use has been addressed; and confident staff and the Planning Commission could address the non conforming use with an additional amendment. Attorney White read the ordinance into the record.It was moved and seconded (Walker/Bangs)to continue the amendment as stated in Ordinance 05-19 to the Town Board meeting on July 23,2019 and in order for staff to pursue how to handle exiting uses in those zones that don’t result in them being a non-conforming use,and it passed with Trustees Norris and Zornes voting “No”. 3.ACTION ITEMS: 1.SET DATE FOR WATER RATE PUBLIC HEARING.Superintendent Eshelman stated the Water division has been conducting a water rate study for 2020 —2022 with AE2S.The division requested the Board set a public hearing date of July 9, 2019 to consider the water rates proposed by the study. Shawn Gaddie/AE2S provided the Board and citizens with a review of the current rate study which took into consideration the need to ensure reliable,efficient and up-to-date water infrastructure,revenue stability and reserve funding,and an equitable structure.The division’s cost are largely hard operating costs.The revenue requirements include the addition of staff and the replacement of the Glacier Water Treatment Plant in 2024.The rate study indicated the residential class has slightly overpaid in 2019 relative to allocated costs and the commercial, bulk water and pumped flow underpaid.The proposed rate increases would address the inequities with a lower rate increase for residential through 2024.Due to the seasonality of the water use,the study has proposed the adoption of a common residential minimum of 2,000 gallons of consumption.Use over 2,000 gallons would be charged at a volumetric rate.Non-residential rates have been proposed to have an increase in fixed rates and a lower volumetric rate increase over time.After further discussion,it was moved and seconded (Norris/Zornes) to set the public hearing for July 9,2019,and it passed unanimously. 2.WILDFIRE HOMES ADDITION ANNEXATION.Planner Hathaway presented an application to annex approximately 16.082 acres located west of Dry Gulch Road along Wildfire Road.The properties are currently zoned 0-Office,E-Estate,RE Rural Estates,and CH-Commercial Heavy.An application to rezone the properties has been filed with Community Development to a combination of 0-Office,E Estate,R-Single Family Residential,and RM—Residential Multi-Family.A pre Board of Trustees —May 28,2019—Page 5 annexation agreement has been included to provide provisions the subject properties may not be annexed should the proceeding development applications are not approved,including rezoning,subdivision,development plans for condominiums,and condominium maps.Therefore,the filings and recordings may not be completed until the final approvals occur.The future development proposes an office for Crossroads Ministry,14 detached single-family homes,26 single family townhomes,and 88 multi-family workforce condominiums. Melissa Westover/Pine Tree Drive a co-applicant with her husband and Richard Allnut and his wife Susan Hughes provided a review of how the project came together and their desire to provide workforce housing while addressing other needs in the community,including an upgraded building for Crossroads Ministry. Lucia Lily/Lily Law Office provided a review of the proposed development which eliminates commercial heavy property adjacent to residential properties and provides needed workforce and residential housing.She further reviewed the timeline of the development application,including the rezoning,right-of-way vacation,subdivision,development plan,preliminary plats,and condominium plats. Joe Holtzman/Town citizen stated support for the annexation and the project. Trustee Cenac questioned the financial advantage of annexing the property.Mrs. Lily stated the development of the project within town limits would be more costly to the applicants due to development costs for public improvements. It was moved and seconded (Norris/Bangs)to approve the Pre-Annexation Agreement,and it passed unanimously. It was moved and seconded (Norris/Walker)to approve Resolution 03-19,and it passed unanimously. Afforney White read the ordinance into the record.It was moved and seconded (Norris/Walker)to approve Ordinance 13-19,and it passed with Trustee Cenac voting “No”. 3.RESOLUTION 14-19 SETTING THE SPECIAL RECALL ELECTION.Town Clerk Williamson presented the Certificate of Sufficiency for the petition to recall Mayor Pro Tem Cody Rex Walker.The Recall Petition was submitted to the Town Clerk on April 16,2019 with 578 signatures.The petition was certified on April23,2019 with 454 signatures.Four protests were filed within the 15-day protest period with a hearing held on May 10,2019 and a final Certification of Sufficiency provided on May 15,2019 by the hearing officer Per 31-4-503(4)the Town Board must set a date for the election (on any Tuesday)not less than 30 days nor more than 90 days from submittal date to the Board.The Special Recall Election includes replacement candidates,and candidate nomination petitions must be made available the day after the Board sets an election date.Clerk Williamson recommended the election occur on Tuesday,August 20,2019 as a mail ballot election.It was moved and seconded (MartchinklZornes)to approve Resolution 14-19,and it passed with Trustee Walker recusing himself. Whereupon Mayor Jirsa adjourned the meeting at 9:25 p.m. J ie Williamson,Town Clerk Todd Jirsa,iyor E U U