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HomeMy WebLinkAboutPACKET Town Board 2019-06-11The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 11, 2019 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2.Town Board Minutes dated May 28, 2019 and Joint Study Session Minutes dated May 15, 2019. 3.Estes Valley Board of Adjustment Minutes dated February 5, 2019, March 5, 2019 and May 15, 2019 (acknowledgment only). 4.Family Advisory Board Minutes dated May 2, 2019 (acknowledgement only). 5.Contract for Brodie Avenue Improvements Construction with Coulson Excavating Co., Inc., for $1,300,413.50 Budgeted. 6.Contract for 2019 Shuttle Services with RAPT Dev USA, dba Rocky Mountain Transit Management for $388,561.76 Budgeted. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1.ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Sidles & PAO Patterson. LIQUOR ITEMS: 1.TRANSFER FERMENTED MALT BEVERAGE OFF PREMISE LICENSE FROM SHAMBALA INC. DBA FAMOUS EASTSIDE GROCERIES TO LUCKY 7 LLC DBA FAMOUS EASTSIDE GROCERIES, 381 S SAINT VRAIN AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson. ACTION ITEMS: 1.ADOPTION OF THE STANLEY PARK MASTER PLAN UPDATE. Director Hinkle. Stanley Park Master Plan update intended to be a guiding document for future development of Stanley Park, including the Events Complex, Museum and recreational park. Prepared 05-31-2019 *Revised 06-07-2019 * 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. ORDINANCE 12-19 ADOPTING THE 2018 MODEL TRAFFIC CODE. Director Muhonen. 3. ORDINANCE 14-19 EXTENDING THE TEMPORARY MORATORIUM ON THE APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN RESIDENTIAL ZONING DISTRICTS. Planner Woeber. Request to extend the moratorium for application and review of any park and recreation facilities, in any residential zoning district, to August 12, 2019. REQUEST TO ENTER EXECUTIVE SESSION: For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees – Town Administrator. ADJOURN. 2 Town 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)(f), 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 matters 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 Meissner/Town citizen thanked Tom Hanah for hosting a meeting to discuss the traffic issues on 3rd 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. DRAFT3 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 December 31, 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 1 - 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 100th anniversary of the passage of the 19th 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. DRAFT4 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 Leavitt/County 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 DRAFT5 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 O-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 O-Office, E- Estate, R-Single Family Residential, and RM–Residential Multi-Family. A pre-DRAFT6 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. Attorney 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 April 23, 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 (Martchink/Zornes) to approve Resolution 14-19, and it passed with Trustee Walker recusing himself. Whereupon Mayor Jirsa adjourned the meeting at 9:25 p.m. Todd Jirsa, Mayor Jackie Williamson, Town Clerk DRAFT7 Town of Estes Park, Larimer County, Colorado May 15, 2019 Minutes of a Joint Study Session meeting of the Estes Park TOWN BOARD and Larimer County Commission of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 15th day of May, 2019. Town Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs, Cenac, Martchink, Norris and Zornes County Commission: Chair Donnelly and Commissioners Johnson and Kefalas Also Attending: Assistant Town Administrator Machalek, County Manager Hoffman, Town Attorney White, Public Works Director Muhonen, County Engineer Peterson and Recording Secretary Disney. Absent: None. Meeting was called to order at 5:30 p.m by Mayor Jirsa and co-chaired by Larimer County Commissioner Donnelly. Mayor Jirsa and Commissioner Donnelly provided opening remarks and stated the joint meeting would be a collaborative effort to discuss and consider the proposed Estes Valley Stormwater Management Program and associated Stormwater Utility. ESTES VALLEY STORMWATER MANAGEMENT PROGRAM AND ASSOCIATED STORMWATER UTILITY: Public Works Director Muhonen provided an overview of the Stormwater Master Plan and Stormwater Utility Feasibility Study. He highlighted the estimated costs for projects and stormwater survey results; and detailed four options on implementing the utility fee for discussion and consideration. The Boards discussed sales tax amounts, timelines, and shifting the scope of the program. PUBLIC INPUT: Brenda Wyss/County citizen, Connie Phipps/Town citizen, Greg Cenac/County citizen, Joe Holtzman/Town citizen, Bill Van Horn/Town citizen, and David Cordes/County citizen spoke against the stormwater utility regarding: the undefined fee rate, the charges would not be based on user consumption, the projects associated with the fee would only benefit the downtown, fishing recreation would be compromised, potential inaccurate results of the citizen survey, the 2016 hydrology analysis, and the 30-year timeline to complete projects associated with the stormwater utility. The Boards were urged to re-examine the floodplain following completion of the downtown loop. Lori Schwartz/County citizen and Jennifer Waters/Town citizen spoke in favor of the stormwater utility fee regarding its necessity and the increased ability to receive financial support for future potential floods as a result of the stormwater utility. Concerns were voiced on the tiered fee structure as it relates to acreage as opposed to impervious area. Jon Meissner/Town citizen requested no further citizen surveys be conducted regarding the stormwater utility and stated the utility should only be paid for by those who want to receive its benefit. David Converse/County citizen agreed the town and county should prepare for the next flood event and urged the Boards to consider basing fees on lot size and not impervious area, similar to property taxes, and the effect on emergency services should another flood occur. He questioned when the downtown would receive discounts in flood insurance costs. DRAFT8 Joint Town Board Study Session – May 15, 2019 – Page 2 BOARD DISCUSSION & STAFF DIRECTION: The Boards discussed federal flood maps and the effects of not accepting them, steps of doing a new hydrology analysis, ecological ramifications, increased costs and timeline of completing the projects associated with the fee. The Town Board determined, with support of the County Commissioners, to postpone the implementation of a stormwater utility, pursue the 2019 BUILD Grant for Big Thompson River channel work and bridge replacement, to further discuss sales tax options, and revisit the 2016 hydrology analysis. There being no further business, Mayor Jirsa adjourned the meeting at 7:42 p.m. Kimberly Disney, Recording Secretary DRAFT9       10 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5, 2019, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete Smith, John Lynch Attending: Members Poggenpohl, Smith, Lynch Also Attending: Senior Planner Jeff Woeber, Planner I Robin Becker, Recording Secretary Karin Swanlund Absent: Moreau, Newsom Chair Poggenpohl called the meeting to order at 9:00 a.m. There were 3 people in attendance. He introduced the Board Members and staff. 1. AGENDA APPROVAL It was moved and seconded (Smith/Lynch) to amend the agenda to fulfill the bylaw requirements to elect annual officers. The motion passed 3-0. Chair Poggenpohl stated that alternating the President between Town and County is no longer required due to the most recent IGA. He also recommended that an alternate be appointed in case of tie votes in a quarum of four. He volunteered to remain Chair one more year. He also noted that Pete Smith will be leaving the board at the end of his term in April. Lynch made a motion to nominate Poggenpohl for Board Chair and Moreau for Vice Chair, Smith seconded. The motion passed 3-0 2. CONSENT AGENDA Approval of minutes dated December 4, 2018 It was moved and seconded (Smith/Lynch) to approve the minutes for December 4, 2018 as presented and the motion passed 3-0. 3. 1545 Hummingbird Drive, Donald and Kathy Townsend, owners Planner Woeber requested continuance of this item to the March 5 Board of Adjustment Meeting. 4. 1711 Mills Lane, Jay Vetter, owner Planner Becker reviewed the variance request, which would allow one 2’ side setback and one 13’ side setback in lieu of the 15’ required setbacks in the A-1 Accommodations zone district allowing the two existing structures to remain. The owner was aware of the nonconformity at the time of purchase but unaware this would cause a problem securing an “as built” permit to satisfy the Vacation Home Life Safety inspection required by Larimer County. Staff recommended approval of the variance. 11 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 November 6, 2018 Board Questions: Poggenpohl requested that the March meeting include an explanation of the difference between Vacation Homes and Bed and Breakfasts and what the Life Safety Survey entails. Applicant Remarks: Jay Vetter explained his vacation home and property situation to the board. It was noted that the lot size is 0.42 acres and A1 zoning is a one acre minimum. There are numerous lots with similar lot sizes on Mills Drive. It was moved and seconded (Smith/Lynch) to approve the requested variance with findings and conclusions as outlined in the staff report. The motion passed 3-0. There being no other business before the Board, the meeting adjourned at 9:25 a.m. ___________________________________ Rex Poggenpohl, Chair __________________________________ Karin Swanlund, Recording Secretary 12 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment March 5, 2019, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete Smith, John Lynch Attending: Members Poggenpohl, Lynch, Moreau, Newsom Also Attend ing: Director Hunt, Senior Planner Woeber, Code Compliance Officer Hardin, Recording Secretary Karin Swanlund Absent: Smith Chair Poggenpohl called the meeting to order at 9:00 a.m. He introduced the Board Members and staff. 1. AGENDA APPROVAL Chair Poggenpohl requested two additional discussion items be added to the agenda. It was moved and seconded (Poggenpohl/Newsom) to approve the updated agenda. The motion passed 4-0. 2. CONSENT AGENDA Approval of minutes dated February 5, 2019 There was not a quorum to approve the minutes for February 5, 2019. Approval will take place at the next meeting. 3. REQUEST OF RECONSIDERATION OF OFFICER ELECTIONS Vice Chair Moreau questioned last month’s election of officers and not changing the Chair and Vice Chair or alternating between town/county members. He also stated he would prefer all board members be present when deciding elections. Newsom agreed with Moreau. Director Hunt noted that it is no longer an IGA requirement to rotate. Member Smith has announced that he will not be reapplying when his term is up in May. It was moved and seconded (Moreau/Lynch) to reconsider the February election of officers. The motion passed 4-0. It was moved and seconded (Newsom/Moreau) to elect Jeff Moreau Chair and John Lynch Vice Chair. The motion passed 4-0. 4. 1545 HUMMINGBIRD DRIVE, Donald and Kathy Townsend, owners Planner Woeber reviewed the variance request. The applicant applied for approval of a side setback of 31 feet it lieu of the 50-foot minimum required for the RE, Rural Estate Zoning District along the eastern property line. The request is to accommodate an addition to the existing residence. Staff recommended approval of the request. Commissioner Comments: 13 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 March 5, 2019 The single complaint came from the neighbor on the south, who owns a large property. The subject property is heavily wooded, as are neighboring properties thus the addition will not be visible. Questions were raised about the garage variance that was given to this property in 2015. Director Hunt stated other more permanent solutions could be addressed for the nonconforming lot, not requiring another variance. Approving the variance as applied for puts a new setback line parallel to the property boundary so no future additions would be constrained. It was moved and seconded (Lynch/Newsom) to approve the requested setback. The motion passed 4-0. 5. Discussion on having an alternate board member State statutes encourage having an alternate member, and having a minimum of four votes for decisions. An alternate would make things more convenient and help when there is a shortage of members available for a meeting. Hunt stated that having an alternate was removed from the IGA years ago for reasons unknown. It was moved and seconded (Poggenpohl/Newsom) to request appointment of two alternates to the Board of Adjustment, one for Town and One for County. The motion passed 4-0. 6. Discussion on Zoning and Lot Conformity Poggenpohl questioned if there is any way for the Board of Adjustment to give staff the authority to approve setback variance requests that fall within a certain percentage of lot size per required zoning size. Staff decisions would make it easier, cheaper, and less time consuming. Would Public Notices be adequate transparency for this process? Hunt suggested having a hearing officer hear certain types of variances, charging less for the application fee, still requiring a public hearing but not in front of the board. It was moved and seconded (Poggenpohl/Lynch) to request that staff investigate and come up with alternatives and recommendations for simplifying certain variance requests and conforming lot size proceedings over and above what we are experiencing now. The motion passed 4-0. 7. REPORTS: A) Code Compliance Officer Hardin explained the differences between Vacation Homes and Bed and Breakfast properties. B & B rentals are not currently required to have a Life Safety Survey however they are subject to the Code Compliance inspection. There is no cap on B & B’s. B) Director Hunt reviewed the current IGA for the Town and County, noting that there is discussion on not renewing it when it ends in February 2020. The Board of Adjustment is part of this decision process and comments are welcome. C) Discussion was had regarding the current state of the building department, hiring a new Chief Building Official, and where the department is going in the future. There being no other business before the Board, the meeting adjourned at 10:15 a.m. ___________________________________ 14 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 March 5, 2019 Jeff Moreau, Chair ___________________________________ Karin Swanlund, Recording Secretary 15 RECORD OF PROCEEDINGS Special Meeting: Estes Valley Board of Adjustment May 15, 2019, 2:00 p.m. Board Room, Estes Park Town Hall Board: Chair Jeff Moreau, Vice-Chair John Lynch, Wayne Newsom, Rex Poggenpohl, Pete Smith, Attending: Members Moreau, Newsom, Poggenpohl Also Attend ing: Director Hunt, Town Attorney Greg White, County Attorney Jeannine Haag, Deputy County Attorney Bill Ressue, Recording Secretary Karin Swanlund Absent: Smith, Lynch Chair Moreau called the meeting to order at 2:00 p.m. He introduced the Board Members and staff. 1. PUBLIC COMMENT Rebecca Urquhart, 1955 Homestead Lane, objected to the Board going into Executive Session. The recent court decisions regarding the Mountain Coaster are still in the appellate period, the Board of Adjustment is still in a quasi-judicial stance, the Town and County are parties to the litigation therefore any commuication regarding the legal status of those appeals should be dealt with in an open hearing after notice and public comment. If there is a discussion of matters under litigation, it is her opinion that when this matter comes back to the Board, there wil be grounds for an appeal of the next hearing resulting in a third Board of Adjustment consideration. She recommended postponement and that it be made part of a public hearing. Poggenpohl asked if there was any other people invited to the Executive Session, to which Attorney White replied no, in the opinion of the Attorneys, it was perfectly acceptable to have discussion on the matter at hand. 2. REQUEST TO ENTER EXECUTIVE SESSION It was moved and seconded (Moreau/Poggenpohl) to enter executive session for a conference with the Board’s Attorneys for the purpose of receiving legal advice of specific legal questions under C.R.S Section 24-6-402(4)(b). The motion passed 3-0. Whereupon Chair Moreau adjourned the meeting at 2:05 p.m. to enter into Executive Session. Whereupon Chair Moreau adjourned the executive session and reentered open session at 3:00 p.m. County Attorney Haag noted the wishes of the Board to have a public hearing regarding the subject matter, thus having an additional meeting in the near future. It was moved and seconded (Moreau/Newsom) to continue the meeting subject to a public hearing, requesting staff find a date before the end of the month if possible. The motion passed 3-0. 16 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 March 5, 2019 There being no other business before the Board, the meeting adjourned at 3:07 p.m. ___________________________________ Jeff Moreau, Chair ___________________________________ Karin Swanlund, Recording Secretary 17       18 PUBLIC WORKS Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Ryan Barr, EI, Pavement Manager David Hook, PE, Public Works Engineering Manager Date: June 11, 2019 RE: Brodie Avenue Improvements contract awarded to Coulson Excavating Co., Inc. for $1,300,413.50, Budgeted PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works seeks approval from the Town Board for the construction contract with Coulson Excavating Co., Inc. (Coulson) for the Brodie Avenue Improvements project which includes Safe Routes to School (SRTS) grant funding for trail improvements. Present Situation: In fall 2017 Public Works submitted a Safe Routes to School grant application for trail construction along the north side along Brodie Avenue. Brodie Avenue is located along the southern boundary of the Estes Park School District property, and does not have a pathway in place for pedestrians, bicyclists, and the school children. School Zone Improvements are included in the Estes Valley Master Trails Plan, receiving a priority rank of 6 in the ‘Short Term Opportunities’ section. Of the five trails ranked ahead, three are the responsibility of other governmental agencies. Four general contractors attended the mandatory pre-bid meeting on May 28, 2019. After two weeks of advertising, one bid was received on June 5, 2019. The following table contains the received bid and also the Engineer’s Estimate: COMPANY CITY TOTAL FEE Coulson Excavating Co., Inc. Loveland, CO $1,300,413.50 Engineer’s Estimate $1,122,839.20 The low bidder was Coulson. This contractor has extensive experience performing roadway and trail projects along the Front Range and has a reputation of performing quality work, including projects on the CDOT network. Coulson is also under contract with the Town for the Elkhorn Resurfacing, 4th Street Rehabilitation, and local Overlay 19 and Patching projects, and they are also performing the repaving work for CDOT on State Highway 7. Proposal: Public Works proposes approving the construction agreement for the Brodie Avenue Improvements project with Coulson Excavating Co., Inc. in the amount of $1,300,413.50. Advantages: Construction of a 10-foot wide multi-use concrete trail along Brodie Avenue, connecting Fish Creek Trail and Community Drive sidewalk Improved safety of pedestrians and bicyclists in and around school areas Provides roadway and drainage improvements Continued implementation of the Estes Valley Master Trails Plan and the 2024 STIP Program Utilization of Colorado Safe Routes to School grant funding Disadvantages: Disruption of traffic in the proposed work areas during construction Construction is scheduled to continue into September 2019, however the project has been phased to have the western portion of Brodie Avenue, up to the Larimer County building driveway entrance, substantially complete prior to the start of the Estes Park School District school year Funds could be used on different projects Action Recommended: Staff recommends approving the attached construction agreement with Coulson Excavating Co., Inc. in the amount of $1,300,413.50, and authorizing PW staff to spend up to a total amount of $1,400,000.00 if needed to address unanticipated conditions encountered during construction. Any award action by the Town is contingent upon CDOT reviewing the contract and providing their concurrence to award. Finance/Resource Impact: This project will be funded from the 1A Street Improvement Fund account number 260- 2000-420.35-51 and the 1A Trails Expansion Fund account number 244-3400-434.35- 60. Level of Public Interest Public interest on this project is expected to be moderate. Sample Motion: I move for approval/denial of the construction agreement with Coulson Excavating Co., Inc. for the Brodie Avenue Improvements project in the amount of $1,300,413.50. Public Works staff is authorized to spend an additional 7.7% contingency of $99,586.50 if needed to address unforeseen conditions encountered during construction. Attachments: Construction Contract Link 20 PUBLIC WORKS Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Vanessa Solesbee, Parking & Transit Manager Greg Muhonen, PE, Public Works Director Date: June 11, 2019 RE: Contract for shuttle services with RAPT Dev USA, dba Rocky Mountain Transit Management (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: RAPT Dev USA dba Rocky Mountain Transit Management (RMTM) has made a service agreement proposal to continue operating the buses for the 2019 Estes Transit (Free Shuttle) Service. As in previous years, the Town’s contract with RMTM is a “piggyback” off of the service contract between Rocky Mountain National Park with RAPT Dev USA. Present Situation:  The Estes Park Free Shuttles served 82,096 riders in 2018 with approximately thirty percent being local residents and summer workers.  Two out of three special events in 2019 have shown significant increases in ridership: o Winter Fest: 374% increase o Wine & Chocolate: 5% decrease o Whiskey Warm Up: 141% increase  The Shuttle Committee accepts regular requests for additional shuttle stops and service days throughout the year from area businesses along with existing and potential riders.  The 2019 summer shuttle season begins Saturday, June 22, 2019 and ends on Sunday, September 8, 2019. Acceptance of this contract continues service for this year. 21 Proposal: RAPT Dev USA will lease four vehicles from Davey Coach not to exceed the prices listed in Exhibit A of the attached 2019 Service Proposal, for each vehicle per month and the Town of Estes Park will reimburse vehicle lease costs. The hourly service rate for 2018 will be $64.20 which includes routine maintenance, shuttle drivers, insurance, and fuel costs up to $2.75 a gallon for the five full-service routes scheduled and additional services provided as listed in Exhibit A of the contract. Advantages: This contract extends continuity of a free shuttle service (fourteenth season) for guests, summer worker, and residents of Estes Park and the surrounding community. The free shuttle service reduces the number of private vehicles on local roads and the related noise and air pollution emissions. Disadvantages: The shuttle service is not free, and costs the taxpayers over $4 per trip in Town subsidies. The slow-moving and frequently stopping shuttles contribute to delay and congestion of the traffic flow. Action Recommended: Acceptance of the service agreement proposal with RAPT Dev USA dba Rocky Mountain Transit Management (RMTM) to provide shuttle services for the Town of Estes Park, as detailed in the attached 2019 Contract for Services proposal. Finance/Resource Impact: This item is budgeted in the 2019 Transportation budget in the Transportation Fees line item (#101-5600-456-22-60). The 2019 Service Proposal Total from RMTM is $388,561.76 and the amount allotted in the Town’s budget for 2019 is $395,635. Level of Public Interest The known level of public interest in this item is low. Sample Motion: I move for approval/denial of the contract with RAPT Dev USA to provide shuttle services for the Town of Estes Park. Attachments: 2019 Contract for Services Proposal between RAPT Dev USA and the Town of Estes Park Link 22 6/13/2019 1 Ad‐Hoc Workforce  Housing and Childcare  Task Force Recommendations Town Board Study Session June 11, 2019 Agenda •Background •Workforce Housing Recommendations •Childcare Recommendations •Not Recommended •Next Steps 6/13/2019 2 Background – Task Force Purpose •Created November 13, 2018 by Town Board •Members •Trustee Carlie Bangs •Trustee Ron Norris •Assistant Town Administrator Travis Machalek •Develop recommendations for Town Board on  strategies and tactics to address Workforce Housing  and Childcare issues Background – A Note •What follows are recommendations from the Task  Force to the Town Board •This is not a decision‐making meeting •Decisions on Town Board adoption of any of these  recommendations will take place as part of the  Strategic Planning and Budget processes 6/13/2019 3 Background – Foundational  Documents •Foundational documents as a base •Town Strategic Plan (2019) •Avalanche Economic Development Strategy (2015) •Family Advisory Board Recommendations (2018) •Housing Needs Assessment (2016) •National Citizen Survey Community Livability Report (2018) •Stanley Park Master Plan (2019) Background – Evaluation Criteria •Three main criteria to evaluate recommendations •Administratively feasible? •Politically acceptable? •Measurable and consistent with the Strategic Plan Outcome  Areas? 6/13/2019 4 Background ‐ Public Engagement •16 conversations with institutional stakeholders •6 meetings with individuals responding to call for input •3 focus groups with ~20 participants  •Project‐specific email (chtf@estes.org) ~15 emails •Community Meeting with ~50 participants Key Learnings from Public  Engagement •Wide spectrum of views •Balanced and deliberate approach advocated by  most •Many have characterized these issues as a crisis,  but sentiment is not universal •Need for ongoing, enhanced engagement 6/13/2019 5 Workforce Housing Key Learnings ‐ 1 •Workforce housing is a complex and multifaceted  issue •Lack of workforce housing is a serious issue for  many employers •At least two distinct workforce housing needs •Year‐round workforce (e.g. nurses, police officers, utility  workers) •Seasonal workforce (expanded seasonal staffing needs) •Needs and preferences are different, but each impacts the other 6/13/2019 6 Key Learnings ‐ 2 •“Workforce” is composed of many                          different segments •Income (40% to 150%+ Area Median Income) •Housing preferences  •Rent/Own •Long‐Term/Short‐Term •Single Family/Apartments/Duplex/etc. •Housing impacts are not uniform among stakeholders •Large organizations appear to have a more urgent issue  (turnover/commuting) Key Learnings ‐ 3 •Preserving community character while working to  address workforce housing issues is critical.  •Engagement indicates that Planning and Zoning  regulations are among the most powerful tools the  Town has to address workforce housing. 6/13/2019 7 Workforce Housing  Recommendations •Summary of Town Role: •Establish Role Clarity •Provide Financial Support •Adapt the EVDC •Utilize Town‐Owned Land •Ensure Accountability WFH – Establish Role Clarity •Draft, adopt, and publish Workforce Housing  Guidelines (WHG) •Define “Workforce Housing” (% of AMI and work requirements) •Articulate Town priority segments (income, housing preference,  etc.) •Plain‐language explanation of regulations and incentives •Participate in Housing Authority Led Strategic  Planning effort •Clearly communicate Town’s role using WHG as a base 6/13/2019 8 WFH – Provide Financial Support •Use a portion of annual surplus General Fund revenues to  support one‐time workforce housing and childcare  expenditures •E.g. Land‐Banking and Assisting Housing Authority •Use WHG to guide use of funds •Increase ongoing budget funding for utility tap subsidies •$50,000 roughly equates to a 50% subsidy for 10 units •Future consideration of dedicated funding source as  financial needs become more clear (e.g. 1A sales tax  renewal) WFH – Adapt the EVDC •Prioritize EVDC Amendments on the Master List of Proposed  Amendments that impact housing •Incentivize Downtown housing •Implement the Downtown Plan •Ensure the Comprehensive Plan update considers workforce  housing needs 6/13/2019 9 WFH – Utilize Town‐Owned Land •Work with 3 rd party to develop Fish Hatchery  property with less‐dense housing •Reassess previously submitted proposals •Re‐evaluate Dry Gulch property for less‐dense  housing •Ensure road access to property •Begin land banking efforts for future community  needs including housing developments •Coordinate and cooperate with the Estes Valley Land Trust WFH – Ensure Accountability •Designate Assistant Town Administrator as point  position •Incorporate workforce housing into the strategic  plan 6/13/2019 10 Childcare Key Learnings ‐ 1 •Severe lack of infant and toddler capacity •Community awareness of this issue lower than  Workforce Housing •Less referenced as problem by employers than  Workforce Housing •Still critical to community sustainability •Family Advisory Board has identified childcare as a critical need 6/13/2019 11 Key Learnings ‐ 2 •Efforts to expand capacity underway •New Childcare District legislation •Data is hard to come by, Childcare Needs Assessment is  a good start •Difficult to fund infant/toddler care with fees that  working families can afford •Increasing need for financial assistance from  community due to decreasing State support Draft Childcare Recommendations •Summary of Town role: •Coordinate Community Efforts •Provide Financial Support •Utilize Town‐Owned Land •Ensure Accountability 6/13/2019 12 Childcare – Coordinate  Community Efforts •Convene leaders of local childcare capacity efforts •Participate in County Strategic Plan childcare  capacity team Childcare – Provide Financial  Support •Draft and adopt funding policy to guide future Town  investments in childcare facilities •Use a portion of annual surplus General Fund revenues to  support one‐time workforce housing and childcare  expenditures •Land‐Banking •Assistance with capital opportunities as they arise •Direct ongoing funding to growing infant/toddler capacity 6/13/2019 13 Childcare – Utilize Town‐Owned  Land •Use Town property to catalyze childcare projects  that are in line with Town’s Funding Policy •Create list of Town‐owned property suitable for childcare  facilities •Actively market through connections •Begin land‐banking efforts for future community  needs including childcare facilities •Coordinate and cooperate with the Estes Valley Land Trust Childcare – Ensure Accountability •Designate the Assistant Town Administrator as Point Position •Incorporate childcare into the Strategic Plan 6/13/2019 14 Not Recommended Not Recommended – Workforce  Housing •Building and/or operating workforce housing •Leading workforce housing efforts •Leading development of a Workforce Housing  Strategic Plan •Guaranteeing that new development provides  workforce housing •Commercial Linkage Program •Inclusionary Zoning •Implementing no‐net‐loss provisions •Hiring a Housing Coordinator 6/13/2019 15 Draft Not Recommended – Childcare •Providing childcare •Providing five (5) acres in Stanley Park for future  childcare facility •Creating a Town‐operated scholarship fund Next Steps •Incorporate recommendations into strategic plan  process •Quarterly review of Strategic Plan process •Dissolve Ad‐Hoc Task Force effective June 11th •Maintain “Parking Lot” list of items for future  consideration •Ensure longer‐term considerations are included in  future Comprehensive Plans 6/13/2019 16 Questions? TOWN CLERK’S OFFICE Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jackie Williamson Date: June 11, 2019 RE: Liquor Licensing: Transfer of Ownership from Shambala, Inc. dba Famous Eastside Foodstore to Lucky 7 LLC dba Famous Eastside Foodstore, 381 S Saint Vrain Avenue, Fermented Malt Beverage Liquor License. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Liquor QUASI-JUDICIAL YES NO Objective: Transfer an existing liquor license located at 381 S. St. Vrain Avenue to the applicant, Lucky 7 LLC. Present Situation: A Fermented Malt Beverage Liquor License is currently held at the location referenced above by Shambala Inc. dba Famous Eastside Foodstore. The applicant is requesting a transfer of the license and submitted a complete application to the Town Clerk’s office on March 22, 2019. A temporary permit was issued on March 22, 2019. The temporary permit authorizes the transferee to continue the sale of alcohol beverages as permitted under the permanent license while the application to transfer ownership of the license is pending. The applicant has submitted all necessary paperwork and fees. The status of the current ownerships TIPS training has not been verified at the time of this memo. The attendance by the owner or her representative has also not been confirmed as of the date of this memo. Proposal: Town Board review and consideration of the application to transfer the existing license to Lucky 7 LLC dba Famous Eastside Foodstore. Advantages: The transfer of the license provides the business owner with the opportunity to continue operating an existing, liquor-licensed establishment without an interruption of service to its clientele. 23 Disadvantages: The business owner is denied the opportunity to continue operating an existing liquor- licensed business. Action Recommended: Approval to transfer the existing Fermented Malt Beverage Liquor License to Lucky 7 LLC dba Famous Eastside Foodstore. Finance/Resource Impact: The fee paid to the Town of Estes Park for a Fermented Malt Beverage Liquor License transfer is $953. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the renewal fee payable to the Town for a Fermented Malt Beverage Liquor License is $503 per year. Level of Public Interest Low Sample Motion: I move to approve/deny the Transfer Application for a Fermented Malt Beverage Liquor License filed by Lucky 7 LLC dba Famous Eastside Foodstore. Attachments: Procedures Liquor Application PD Report 24 April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following:  The application was filed March 22, 2019 .  The Town has received all necessary fees and hearing costs.  The applicant is filing as an LLC .  There is a police report with regard to the investigation of the applicants.  Status of T.I.P.S. Training: X Unscheduled Completed Pending Confirmation MOTION: I move the Transfer Application filed by Lucky 7, LLC doing business as Famous East Side Grocery for a Fermented Malt Beverage License be approved/denied. 25 26 27 28 29 30 31 32 33       34 EVENTS & VISITOR SERVICES Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Rob Hinkle Date: June 11, 2019 RE: Adoption of the Stanley Park Master Plan Update (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Master Plan QUASI-JUDICIAL YES NO Objective: The Stanley Park Complex Master Plan Update is intended to be a guiding document for the future development of additional active and passive uses for the complex. This updated Master Plan is intended to provide cohesive vision for the property in its entirety. This body of work addresses and evaluates new facilities, circulation improvements, recreational and educational opportunities, and pedestrian connections. Present Situation: In need of a cohesive plan for the Events Complex, Estes Park Museum, Stanley Park, future CTE building, possible performing arts center, possible childcare facility, as well as improved pedestrian and vehicle circulation throughout the site. Proposal: The Master Plan represents the best approach identified by the project team to fully embody the project vision and accomplish the project goals. This was achieved through the completion of the site inventory analysis, public outreach process and internal review process. The final recommendations are described here in narrative form, as well as illustrated in graphic form. Advantages: Cohesive vision moving forward with any future improvements and development of Stanley Park. Disadvantages: Funding and prioritizing the improvement projects. 35 Level of Public Interest High interest by Stakeholders (Events Complex, Museum, Estes Valley Recreation and Park District, Performing Arts Center, Estes Early Childhood Education) Action Recommended: Adopt the Stanley Park Master Plan Update Sample Motion: I move for the approval to adopt the 2019 Stanley Park Master Plan Update Attachments: 2019 Stanley Park Master Plan Link 36 PUBLIC WORKS Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Greg Muhonen, PE, Public Works Director Date: June 11, 2019 RE: Ordinance 12-19 Adopting the 2018 Model Traffic Code PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Ordinance #12-19 adopts the 2018 Model Traffic Code (MTC) and amends the Estes Park Municipal Code (EPMC) Title 10 pertaining to Vehicles and Traffic. Present Situation:  The Town adopted the 2010 revision of the MTC and a 9-page Appendix in 2012. Parking regulations within the Appendix were further revised in 2013.  The Appendix is excessively cumbersome and detailed in listing the location of every parking time restriction, parking prohibition, loading zone, and speed limit within the Town. Both the Municipal Judge and Town Attorney indicate this level of detail is not necessary in the Municipal Code.  CDOT published an update to the MTC in 2018.  The Town Board adopted the Downtown Parking Management Plan in 2018 which recommended changes to some time-restricted parking spaces. The signing changes were made in 2018 and no longer exactly match the Appendix.  Our 2019 seasonal parking enforcement at time-limited spaces began on Memorial Day. Proposal: The attached ordinance modifies the EPMC to adopt the 2018 MTC and replace the 9- page Appendix with new provisions to Title 10 of the EPMC. Year-round enforcement of all parking regulations is intended except for seasonal time-restrictions (9am to 5pm during the months of May thru September) where posted on limited downtown parking 37 spaces. User demand for time-restricted parking spaces outside of these high-demand visitation months is low, and year-round enforcement is not needed to effectively manage these spaces. Extensive public outreach is recommended prior to implementing year-round enforcement at time-limited parking spaces. Advantages: The historic practice of lowering parking fines for early payment is documented and the Parking & Transit Manager is identified as the authorized person to make these reductions. Elevated regulation of vehicles parked on our narrow streets to reduce blocking traffic lanes which improves maintenance access and emergency vehicle access. Both hourly and seasonal limits for enforcement of time-limited parking spaces are codified to match the posted signs and enforcement practices. The lengthy and cumbersome Appendix of detailed parking regulations is eliminated. Authority is granted to utilize an independent contractor to assist the Town in the administrative efforts to collect parking fines. Any required court actions remain under the purview of the Town. Disadvantages: Some residents who park on our narrow roads and block the travel lanes may be inconvenienced when required to park elsewhere. Reserved parking spaces for the Library and Visitor Center will be managed administratively and are no longer protected/preserved by the EPMC. Action Recommended: PW staff recommends the Town Board adopt Ordinance #12-19. Finance/Resource Impact: The proposed ordinance does not create any direct, known impact to Town finances. The proposed ordinance will reduce staff time required for future parking regulation revisions, and is expected to improve visitor spending through improved parking management. Level of Public Interest The known level of public interest in this item is low. Sample Motion: I move for the approval/denial of Ordinance #12-19. Attachments: Ordinance #12-19 Link to the 2018 Model Traffic Code 38 ORDINANCE NO. 12-19 AN ORDINANCE REVISING CHAPTER 10 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK RELATING TO VEHICLES AND TRAFFIC WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Section 10.04 Model Traffic Code of the Municipal Code is hereby amended to include the following. 10.04.010 Model Traffic Code Adopted. The Model Traffic Code for Colorado, Revised 2018, published by the Colorado Department of Transportation (CDOT), Traffic & Safety Engineering Branch, 2829 W. Howard Place, Denver, Colorado 80204. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with the state law and generally conforming to the similar regulations throughout the state and the nation. The 2018 edition of the Model Traffic Code is adopted herein by reference as a primary code as if set out at length herein, subject to the additions and modifications set forth in this Ordinance. 10.04.020 Violation (a) It is unlawful for any person to violate any of the provision stated or adopted in the Model Traffic Code. (b) Every person convicted of a violation of any provisions stated or adopted in the Model Traffic Code shall be punished as set forth in Section 1.20.20. (c) The Town’s Parking & Transit Manager is authorized to reduce the amount charged for parking violation fines to incentivize early payment of the fine amounts set forth by the Municipal Judge and described in Section 1.20.020. 10.04.030 Parking Prohibited. No person shall park a vehicle in any of the following places: (a) Any location adjacent to red curb. (b) Any location within a hatch-painted no parking area. 39 (c) Any location in a public parking lot where a parking space is not designated with painted markings. (d) Any parking space designed RESERVED or POLICE RESERVED with painted markings. (e) Parking for longer than 30 minutes is prohibited within any loading zone (designated with signs, yellow curb, or painted hatch marking) between the hours 6:00 am to 6:00 pm. Parking is permitted in a designated loading zone between the hours of 6:00 pm and 6:00 am. (f) No vehicle shall park on the pavement of any public street except where on-street parking spaces are designated with painted markings or signs installed by the Town or CDOT. (g) No vehicle shall park within more than one parking space designated by painted lines. Vehicles pulling trailers, recreational vehicles, and buses are permitted to occupy two linearly contiguous spaces or spaces designated OVERSIZED VEHICLE with painted markings. (h) Vehicles less than 20’ in length are prohibited from parking in spaces designated OVERSIZED VEHICLE with painted markings. 10.04.040 Overnight Parking Prohibited. No person shall park a vehicle, trailer or recreational vehicle in any Town-owned parking lot or street right-of-way overnight or longer than 18 hours during daylight hours except where authorized by a Town-issued parking permit or Revocable Encroachment Permit issued by the Town’s Public Works Department. 10.04.050 Time-limited Parking. (a) It is unlawful for any person to park or direct another person to park a vehicle in an on-street space or public off-street parking space for a length of time greater than the time limit indicated on the posted signage during the hours of 9am to 5pm during the months of May thru September. (b) Prior to, or upon expiration of, the initial time-limited parking period, and unless permission from authorized Town personnel has been granted, a vehicle shall be removed from the parking space. No person, after vacating a time-restricted parking space, shall return and park or direct another person to return and park the same vehicle in the space or any other parking space within 500 feet for a minimum of three hours after such vehicle has been moved. 10.04.060 Speed Regulation. Except where a special hazard exists that requires a lower speed, or speed limit signs are present to establish a different 40 maximum lawful travel speed, no person shall drive a vehicle in excess of twenty-five miles per hour (25 mph) on any public street in Estes Park. Section 2: Section 10.16.010 Regulations of the Municipal Code is hereby amended to include the following. (a) No recreational vehicle, as the same is defined in Chapter 13 of the Estes Valley Development Code, shall be parked on any of the streets, alleys, highways, parking lots or other public ways of the Town in violation of any parking regulation of the Town. Parking of a recreational vehicle on a street, alley, or highway in the Town for a period no longer than forty- eight (48) hours may be permitted by issuance of a Revocable Encroachment Permit from the Town’s Public Works Department. Section 3: Section 10.20 Parking Violations of the Municipal Code is hereby amended to include the following. 10.20.010 Violation; fine. The penalties for conviction of traffic and parking offenses contained in Part 17 of the Model Traffic Code are deleted. Any person convicted of a traffic or parking violation under the provisions of the Model Traffic Code shall be fined as set forth in Section 1.20.020. 10.20.020 Authority to Collect fines. The Town is authorized to procure the services of an independent contractor for the administration and collection of parking fines on behalf of the Town of Estes Park. Section 4: This amendment to the Estes Park Municipal Code shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2019. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 41 I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2019 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2019, all as required by the Statutes of the State of Colorado. Town Clerk 42 To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jeffrey Woeber, Senior Planner Date: June 11, 2019 RE: Ordinance No. 14-19 An Ordinance Extending a Temporary Moratorium on the Application and Review of Park and Recreation Facilities in Residential Zoning Districts (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Present Situation: An amendment has been drafted, proposing to amend the Estes Valley Development Code (EVDC) to address the “Park and Recreation Facility” use. This code amendment was first reviewed by the Town Board at their April 9, 2019 hearing, where the Board continued it to their May 28, 2019 hearing. At that time the Board continued it again, to July 23, 2019. This is to give staff time to draft additional language for the EVDC, to better address uses that could potentially be impacted by the proposed code amendment. A temporary moratorium on the acceptance and processing of any development application for Park and Recreation Facilities located in residential zoning districts was imposed by the Town Board, and also the Larimer Board of County Commissioners, to allow staff to research and draft the code amendment. The moratorium has been extended or renewed several times now. This current temporary moratorium is through June 30, 2019 in both Town and County. With the continuance of the code amendment, the Town Board has directed staff to draft an ordinance to impose another, similar temporary moratorium. This ordinance is to impose a moratorium through August 12, 2019. See attached. Advantage: Provides time for further research and inventory of existing uses which may be impacted by a code amendment, and allows for additional public comment and Board review. Disadvantage: Memo COMMUNITY DEVELOPMENT 43 TOWN OF ESTES PARK BOARD OF TRUSTEES, JUNE 11, 2019 EXTENSION TO MORATORIUM, PARK AND RECREATION FACILITIES PAGE | 2 A potential to delay a proposal for a development application for a Park and Recreation Facility in a residential zone district. (Staff is not aware of any such proposals at this time.) Action Recommended: The review and, if appropriate, adoption of Ordinance No. 14-19 is a policy decision of the Town Board. Finance/Resource Impact: None. Level of Public Interest High. Sample Motion I move to adopt/not adopt Ordinance No. 14-19. Attachment: Ordinance No. 14-19 44 ORDINANCE NO. 14-19 AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN RESIDENTIAL ZONING DISTRICTS WHEREAS, in 2017, the Town of Estes Park and Larimer County approved the amending of Section 13.2.C.34 – Parks and Recreation Facilities, to remove the term “non-commercial” from the definition of Park and Recreation Facilities in the Estes Valley Development Code (“EVDC”); and WHEREAS, currently Park and Recreation Facilities are a permitted use in all zoning districts within the EVDC Boundary Map Planning Area (the “Estes Valley”), subject to development standards and processes; and WHEREAS, there currently exists public concern about Park and Recreation Facilities being a permitted use in all residential zoning districts of the Estes Valley; and WHEREAS, due to public concern about the possible negative effects of Park and Recreation Facilities in residential zoning district in the Estes Valley, the Estes Park Community Development Department Staff and the Estes Valley Planning Commission have formulated amendments to the EVDC to regulate Park and Recreation Facilities in residential zoning districts within the Estes Valley; and WHEREAS, said amendments were reviewed and recommended for approval by the Estes Valley Planning Commission on March 19, 2019; and WHEREAS, the Town of Estes Park Board of Trustees has set (via continuance from earlier dates) a public hearing for said amendment on July 23, 2019; and WHEREAS, it is the conclusion of the Board of Trustees that it is necessary to impose a temporary moratorium on the acceptance and processing of any development application for Park and Recreation Facilities located in residential zoning districts of the Estes Valley to allow the Town of Estes Park Board of Trustees, and the Larimer County Board of County Commissioners to review possible amendments to the EVDC concerning Park and Recreation Facilities within residential zoning districts in the Estes Valley; and WHEREAS, it is necessary to impose this temporary moratorium for only the time period necessary to allow the Town of Estes Park Board of Trustees and the Larimer County Board of County Commissioners to adequately review possible new amendments, including public comment, and if appropriate, adopt amendments to the EVDC concerning Park and Recreation Facilities within residential zoning districts within the Estes Valley; and 45 WHEREAS, pursuant to the applicable provisions of Section 29-20-101 et seq. C.R.S. known as the Local Government Land Use Control Enabling Act of 1974, the Town of Estes Park has the power to impose this temporary moratorium. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: Section 1. The Town of Estes Park Board of Trustees hereby imposes a temporary moratorium on the acceptance and processing of any new development application for Park and Recreation Facilities as defined in Section 13.2.C.34 of the Estes Valley Development Code for development in the RE-1, RE, E-1, E, R, R-1, R-2, RM zoning districts of the EVDC within the Town of Estes Park. Section 2. This temporary moratorium shall take effect immediately and be in force through August 12, 2019 unless extended, amended and/or terminated by further action of the Board of Trustees. WHEREAS, the immediate passage of this Ordinance is necessary for the preservation of the health, safety, and welfare of the citizens of the Town in order to temporarily delay the acceptance and review of any development application for Park and Recreation Facilities within residential zoning districts in the Town of Estes Park, and therefore this Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor or the Mayor Pro Tem. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this _____ day of ____________, 2019. TOWN OF ESTES PARK, COLORADO _____________________________ Mayor ATTEST: __________________________ Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2019 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the _____ day of , 2019, all as required by the Statutes of the State of Colorado. Town Clerk 46