MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, september 30, 2019

 

JOINT MEETING OF THE BOARD OF COUNTY COMMISSIONERS AND TOWN OF ESTES PARK BOARD OF TRUSTEES

 

The Board of County Commissioners and the Town of Estes Park Board of Trustees met at 5:30 p.m. Chair Donnelly and Mayor Jirsa presided. Commissioner Johnson and Commissioner Kefalas were present. Estes Town Board Trustees: Ron Norris, Carlie Bangs, Eric Blackhurst, Marie Cenac, Patrick Martchink and Ken Zornes were present. Also present were: Linda Hoffman, County Manager; Leslie Ellis, Matt Lafferty, Amy White and Michael Whitley, Community Development; Laurie Kadrich, Public Works; Kayleigh Ogden, Office of the Clerk and Recorder; Frank Haug, County Attorney; and Elizabeth Carter, Deputy Clerk. Also present from the Town of Estes Park: Travis Machalek, Town. Administrator, Dan Kramer, Town Attorney, Randy Hunt, Director of Community Development and Jackie Williamson, Town Clerk.

 

CALL TO ORDER: TOWN OF ESTES PARK BOARD OF TRUSTEES (MAYOR JIRSA)

 

CALL TO ORDER: BOARD OF COUNTY COMMISSIONERS (CHAIR DONNELLY)

 

1.          FUTURE OF LAND USE PLANNING IN THE ESTES VALLEY, INERGOVERNMENTAL AGREEMENT(IGA)- OUTCOMINGS TO DATE, NEXT STEPS FORWARD: Mr. Hunt presented to the Boards with a summary of the July 29th Facilitated Discussion Notes; a summary of July/August questionnaire results and a preliminary summary of September questionnaire results. Mr. Hunt noted that these were not scientific studies but open-ended questions. The results from the July/August session and questionnaire resulted in 41 pages of comments. He reported that there were many common themes from the July/August results. These included: a need for transparency in the process and in the decision-making process: communication between the Town and the County; a concern for preserving the natural habitat/environment and protecting the character of the community. Mr. Hunt also noted that there were multiple comments supporting a unified comprehensive plan for the Valley and for the Town.

 

 Mr. Hunt also provide the Board with a summary of the comments from the September questionnaire. He explained that this questionnaire specifically asked if residents supported either of the Options under discussion regarding the current Inter Governmental Agreement (IGA). Mr. Hunt noted the comments received expressed support for both options. He also reported that some of the comments supported eliminating the Estes Valley Planning Commission (EVPC), giving residents of the Valley a voice/vote in Town matters, annexing areas to the Town and concern that the process was being rushed. Lastly, Mr. Hunt relayed that all the comments are available online for viewing.

 

Ms. Ellis then addressed the Boards regarding the work of the Town and County staff and the two options. She noted that staff was centering efforts on several key objectives. These included: hearing from the community and stakeholders; detailing roles/responsibilities for the County and the Town; a seamless development review and compliance; and concentrating town-level development in certain areas and defining rural. Ms. Ellis reported that there are two current options under discussion. Option A would extend the IGA for a single year through February 2021. She noted that while this option does provide the County and the Town with more time it also is putting off challenges that will still present down the road

 

Ms. Ellis also briefed the Boards on Option B. The goal of this plan would be to create a framework for a cooperative vision and development review for Estes Park. Highlights of Option B include: defining how the Town and County will jointly update the Comprehensive Plan through 2021; maintaining the Estes Valley Planning Area; a presumption of two Land Use Codes, but they would be coordinated; defines roles including laying out the roles of staff, the Development Review Process; suggestions on roles for approvals; and the potential of annexation for certain properties. Additionally, Ms. Ellis noted that there would need to be a discussion on moving forward with applications that are currently in pipeline.

 

There was a discussion between the Boards and staff about how the Estes Valley overlay district would maintain consistency, if there are ways to safeguard the portions of the Code unique to Estes Valley and how the transition boards would work. Additionally, the Boards discussed with staff if the comprehensive plan can move forward without an IGA. Lastly, Mayor Jirsa confirmed with both County and Town staff that they recommend Option B.

 

Robert Levitt, Chair of the Estes Valley Planning Commission addressed the Boards. Mr. Levitt expressed concern that if you eliminate the Estes Valley Planning Commission it will eliminate the “oneness” of community, He noted that in his opinion the Town and the Valley are woven together and impact each other. Mr. Levitt also noted that EVPC decisions are often in sync with the decisions of the County/Town. He would recommend that the Boards take their time deliberating about the IGA and when they do move forward that each member be transparent about their rational for voting a certain way. There was a discussion between the Boards and Mr. Levitt regarding the potential use of Land Use Advisory Committees and if Mr. Levitt’s comments reflected the views of the EVPC.

 

 The meeting was then opened for public comment. Joanna Dardin, Seth Hansen, David Yale, Doug Circardo, Vicky Henry, Frank Tice, Dick Speilman and Dave Converse addressed the Boards. Collectively, they expressed support for protecting the “oneness” of community and a single code as well as protecting the character and environment of the area. Rex Poggenpohl addressed the Board to report that breakdown in population between the Town and the Valley was roughly 50-50. John Misner addressed the Board in support of Option B and noted that he believes that only town residents should have a voice in town affairs.  Public comment was closed.

 

There was discussion among the Members of the Boards on potential support for each of the options and deliberation regarding steps forwards as well as direction for staff. Chair Donnelly and Mayor Jirsa each asked their respective staffs if they had enough direction and time to come back to the Boards on November 14, 2019 with an updated plan and for working out the direction given by the Boards. Both Ms. Ellis and Mr. Hunt reported they were confident that an updated draft could be ready.

           

With there being no further business , Chair Donnelly adjourned the Board of County Commissioners and Mayor Jirsa adjourned the Town of Estes Park Board of Trustees.  The Boards adjourned at 8:05 p.m.

 

TUESDAY, OCTOBER 01, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Donnelly presided. Commissioner Johnson and Commissioner Kefalas were present. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: The following members of the public addressed the Board: Chris Eckenberg, Greg Levitt, Deb Bjork, Georgia Locker, Luke George and Gayla Martinez.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 23, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of September 23, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF OCOTOBER 7, 2019:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:

 

Abatements:              RECOMMENDED APPROVAL - HORTON ENTERPRISES LLC, R1637505/89262-07-001(2018)

 

10012019A001             2019 GRANT AGREEMENT FOR LEAP COALITION PROGRAMMING BY AND BETWEEN LARIMER COUNTY AND SUNRISE COMMUNITY

HEALTH

 

10012019A002             2019 GRANT AGREEMENT FOR INCREASING ACCESS TO BEHAVIORAL HEALTH SERVICES TO SOUTHERN LARIMER COUNTY RESIDENTS BY AND BETWEEN LARIMER COUNTY AND EARLY CHILDHOOD COUNCIL OF LARIMER COUNTY

 

10012019A003             2019 GRANT AGREEMENT FOR TRAUMA RECOVERY SUPPORT PROGRAM BY AND BETWEEN LARIMER COUNTY AND DENVER RESCUE MISSION

 

10012019A004             2019 GRANT AGREEMENT FOR HARVEST FARM PEER LEADERSHIP PROGRAM BY AND BETWEEN LARIMER COUNTY AND HEALING WARRIORS PROGRAM

 

10012019A005             2019 GRANT AGREEMENT FOR ORGANIZATIONAL CAPACITY BUILDING BY AND BETWEEN LARIMER COUNTY AND GRAND FAMILY COALITION, INC.

 

10012019A006             2019 GRANT AGREEMENT FOR THE UNIVERSAL SOCIAL EMOTIONAL LEARNING (USEL) PROJECT BY AND BETWEEN LARIMER COUNTY AND THOMPSON SCHOOL DISTRICT

 

10012019A007             2019 GRANT AGREEMENT FOR MENTAL HEALTH EDUCATION AND CONNECTION BY AND BETWEEN LARIMER COUNTY AND POUDRE SCHOOL DISTRIC                       

 

10012019A008             JUSTICE CENTER COURTROOM EXPANSION CONSTRUCTION CONTRACT BY AND BETWEEN LARIMER COUNTY AND HASELDEN CONSTRUCTION

 

10012019A009             WARRANTY MEMORANDUM FOR WARBERG FARM CONSERVATION DEVELOPMENT 04-S2296 BY AND BETWEEN LARIMER COUNTY AND LANCE NELSON

 

10012019D001             PRENZLOW MINOR LAND DIVISION DEED OF DEDICATION

 

10012019D002 DEED OF DEDICATION FOR RAMONA HEIGHTS LOT 6, BLOCK 4

 

10012019D003 SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE UTE FARM/ONE PUTT PROPERTY - PORTIONS OF LONGVIEW FARM

 

10012019R001             FINDINGS AND RESOLUTION APPROVING THE WILSON ACCESSORY LIVING AREA APPEAL

 

10012019R002             FINDINGS AND RESOLUTION APPROVING THE PRAIRIE RIDGE NATURAL AREA TRAILHEAD APPEAL

 

10012019R003             FINDINGS AND RESOLUTION APPROVING POUDRE VALLEY RURAL ELECTRIC ASSOCIATION FIBER OPTIC LINE FLOOD PLAIN SPECIAL REVIEW

 

10012019R004             LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOT 7 AND AMENDED LOT 1 OF BLOCK 12 OF HIAWATHA HEIGHTS SUBDIVISION

 

MISCELLANEOUS: Stipulation as to Tax Year 2019 Value: Steven C. Shevenock/Carolee Novak, Schedule Number: R1364120; Recommended Appointment to the Larimer County Interagency Oversight Group: Christopher Gastelle; Stipulation as to Tax Year 2019 Value:108 Princeton LLC, Schedule Number R0113786.

 

LIQUOR LICENES: Ellis Ranch Event Center & Wedding ParkTavern–Loveland; Cherokee Park and Dude Ranch– Hotel and Restaurant – Livermore.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for October 1, 2019

 

Motion carried 3-0

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: Commissioners Kefalas and Johnson invited Tad Smith, Charlie Stevens and Tonja Hadley from the American Tiny House Association, Northern Colorado Chapter, to address the Board.  Mr. Smith reported to the Board that they were there to present the County with a potential private-sector answer to the escalating cost of housing in Larimer County.  He noted that tiny houses on wheels can provide a viable answer especially if they conform to certain standards.  In particular, he referenced that tiny houses can provide 200-300 square-feet of living space and can utilize single or double occupancy.  The owner of the tiny house then pays utilities and rent to the landowner where the house is located.

 

Mr. Stevens then addressed the Board.  He noted that he is a middle school teacher who holds two additional jobs on the side.  Mr. Stevens reported that even with three jobs, the current median home cost of $450,000 is 80 percent of his income.  Even if he were to find a home at as cost of $250,000, that still is 50 percent of his income.  Tiny homes offer a viable option he could pursue.

 

Mr. Smith relayed to the Board that his group is focused on two potential models for tiny house projects.  One would be a multi-generational living situation where a tenant can provide assistance to an elderly person who chooses to stay in their homes.  Another viable option would be for tenants who assists on farms providing additional needed man power to farmers.  He then introduced Ms. Hadley.  Ms. Hadley reported that she lives on a three-acre parcel where she keeps numerous animals and a large-scale garden.  Because of the demands of the property, animals and garden she has been away from her property for only two nights in the last four years.  An individual living in a tiny house on her property would go a long way in alleviating some of these demands.

 

Mr. Smith noted that Ms. Hadley and Mr. Stevens stories are two examples of where tiny houses can offer assistance to residents in Larimer County.  He also pointed out that there are many steps which can be taken to help the homes blend in with the character of the area.  For instance, requiring pitched roofs, requiring certain building materials and screening of the wheels can help the homes to blend in with their surroundings.  There was a discussion between the Board and Mr. Smith regarding the manufacturing of tiny homes in Larimer County, the potential for concerns from neighbors and on how to deal with challenges around hooking up to septic systems.

 

6 .         MCNAY FIRE COST ESTIMATE: Justin Whitesell, Emergency Operations Manager and Mike Loberg, Sheriff Captain. Mr. Whitesell reported to the Board on a cost estimate of the McNay fire. He relayed that the current estimate for the fire is at $483,000.  He noted that this could fluctuate about five to eight percent.  Of that total, $245,000 will be the County’s responsibility. Mr. Loberg relayed that Fire Prevention and Control (FPC) absorbed all day-one aviation costs.  The aviation support was particularly important as the terrain where the fire broke-out presented numerous challenges and that the aviation support helped immensely with efforts to contain the fire.  He also commented on the tremendous support from neighboring communities and states to fight the fire. The Board thanked Mr. Whitesel and Mr. Loberg for their efforts and hard work not only in this instance, but to consistently protect the citizens of Larimer County. There was brief discussion between the Board and staff regarding the potential for seeking damages from the insurance company(s) representing the responsible parties.

 

7.         PURCHASE OF THE WEIS PARCEL: Daylan Figgs, Natural Resources Director, Meegan Flenniken, Land Conservation Program Manager, Charlie Johnson, Senior Land Agent, Justin Core, Land Agent.  Ms. Flenniken reported to the Board that the Larimer County Open Lands Advisory Board recommends the purchase of the 0.33-acre Weis parcel. The property is located in the Big Thompson River Conservation Priority Area, as identified in the 2015 Open Lands Master Plan. Ms. Flenniken noted that the property is adjacent to existing County-owned lands that comprise Forks Park. The Weis parcel buffers the west side of the park from remaining privately owned properties in this section of the Big Thompson River. The property was developed prior to the 1976 flood and contains a mobile home and detached garage.

 

The 2013 flood caused damage to the mobile home, which has since been uninhabited. Ms. Flenniken noted that County ownership of the land would ensure the provision of additional space for the public to access the Big Thompson River at Forks Park. Mr. Core explained that the County is seeking to purchase roughly 1/3 of acre for a negotiated price of $60,000. Upon acquisition of the parcel, the County intends to remove the existing mobile home and remnant concrete walls from the property.

 

Acquisition of the property will add more land to Forks Park, provide additional area for public access to the Big Thompson River and enhance opportunities for outdoor recreation; acquisition of the property expands the County's buffer adjacent to private land. The Board thanked staff for their diligent and long-term vision on this project and securing this critical access for citizens of Larimer County.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the purchase of the 0.33-acre Weis Parcel for $60,000.

 

Motion carried 3-0

 

 

8.         LETTER TO THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE PROGRESS ON THE REDEVELOPMENT OF THE ESTES PARK MAINTENANCE SHOP: Ken Cooper and Jennifer Johnson, Facilities. Mr. Cooper relayed to the Board they were there seeking approval of a draft letter to the Colorado Department of Transportation (CDOT) regarding the sand/salt shed and wash facility in Estes Park.  Mr. Cooper noted that specifically, the letter seeks to understand the timing/plans from CDOT for redevelopment. per the Memorandum of Understanding, for the facilities and roads at the Estes Park site.  Additionally, the letter will provide the County with direction for its project and what road needs will be required.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the letter to the Colorado Department of Transportation regarding the Progress on the Redevelopment of the Estes Park Maintenance Shop.

 

Motion carried 3-0

 

9.         COUNTY MANAGER WORKSESSION:   Ms. Hoffman updated the Board on upcoming projects and activities.

 

11.         COMMISSIONER ACTIVITY REPORTS:   The Board detailed their attendance at events during the previous week.

 

Chair Donnelly recuses himself from the last item on the agenda.  Chair Pro Temp Kefalas preside over the meeting

 

12.         LEGAL MATTERS: Presentation of Order to Exclude Certain Properties From the Estes Valley Recreation and Parks District, Frank Haug, County Attorney’s Office.  Mr. Haug presented the Board with the formal order.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the order excluding certain properties from the Estes Valley Recreation and Parks District.

 

Motion carried 2-0

 

With there no further business, the Board adjourned at 10:40 am.

 

           

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

 

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk