HomeMy WebLinkAboutMINUTES Town Board 2021-02-23Town of Estes Park,Larimer County,Colorado,February 23,2021
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 and Virtually in
said Town of Estes Park on the 23rd day of February,2021.
Present:Wendy Koenig,Mayor
Patrick Martch ink,Mayor Pro Tern
Trustees Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy Younglund
Also Present:Travis Machalek,Town Administrator
Jason Damweber,Assistant Town Administrator
Dan Kramer,Town Attorney
Jackie Williamson,Town Clerk
Absent:Carlie Bangs,Trustee
Mayor Pro Tern Martchink called the rneeting 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 (Webermeier/Cenac)to approve the Agenda,and it
passed unanimously.
PUBLIC COMMENTS.
Jeff Robbins/Town citizen commented on the Town Board’s consideration to rescind the
transferability of vacation home registrations to future owners.He stated the regulatory
change would have devasting impacts to the current owners who have invested
significantly in their properties.The regulations adopted in 2016 provided a property right,
therefore,owners have developed the properties as a business.
TRUSTEE COMMENTS.
Trustee Webermeier reported Visit Estes Park (Local Marketing District)conducted their
first round of interviews for a CEO and would determine the finalist to be interviewed in
public by the entire Board.
Mayor Koenig stated a group of 5th grade students would connect to the International
Space Station on February 26,2021 with the assistance of the local amateur radio group.
The students would have an opportunity to speak to the astronauts for 10 to 15 minutes.
She presented an overview of the Town Board’s annual responsibilities such as board
governance,fiduciary,quasi-judicial,etc.She stated the PRPA emergency message
regarding electric usage during the recent cold snap was not due to renewables but with
available fuel sources.
Trustee MacAlpine attended the Wildfire Summit held by Representative Neguse.Key
issues discussed during the summit included wildfires are inevitable with climate change
and the number of people living within the wildland urban interface continues to increase,
living in fire areas are similar to living in flood zones,wildfire mitigation and suppression
are needed,Community Wildfire Protection Plans are needed,and the aftermath of the
fire season are still to come with possible flooding and landslides.The Planning
Commission meet to review RFP responses for the Comprehensive Plan and discussed
the formation of an advisory committee to assist with the development of the Plan.
Trustee Cenac stated she questioned the Visit Estes Park’s (Local Marketing District)
funding of the Town’s boulder project adjacent to the parking garage.The special district
attorney confirmed with the Board the funding was defendable under the state statute.
She commented Western Heritage meet to discuss holding the rodeo this year and stated
Board of Trustees —February 23,2027 —Page 2
they are in need of additional sponsors.The Parks Advisory Board discussed their role
in the Arts in Public Places policy and continue to evaluate an Arts Master Plan.
Mayor Pro Tern Martchink joined Jody Shadduck-McNally/Larimer County Commissioner
as her featured guest for a community conversation.He encouraged others to join the
Commissioner for these monthly meetings.
TOWN ADMINISTRATOR REPORT.
None.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated February 9,2021 and Town Board Study Session
Minutes dated February 9,2021.
3.Estes Park Planning Commission Minutes dated January 19,2021 and Estes Park
Planning Commission Study Session minutes dated January 19,2021
(acknowledgment only).
4.Community and Family Advisory Board Minutes dated January 7,2021
(acknowledgment only).
5.Purchase Approval of 2017 John Deere 344K Wheel Loader for the Water Division,
$104,758,Budgeted.
It was moved and seconded (Webermeier/MacAlpine)to approve the Consent
Agenda,and it passed unanimously.
2.REPORTS AND DISCUSSION ITEMS:(Outside Entities).
7.BUSINESS IN THE LARIMER COUNTY TREASURER &PUBLIC TRUSTEE’S
OFFICE.Larimer County Treasurer &Public Trustee Irene Josey provided an
overview of the Treasurer’s office,the collection and distribution of property taxes,
reviewed the property tax statements defined,delivery of postcards for property
owners with mortgages,investments of all funds,special assessments —PID’s and
LID’s,etc.,personal property —income producing property in businesses,mobile
homes,bankruptcy tracking,tax lien sales,senior and veteran property tax
deferrals,county bank/account reconciliations,and public trustee.The office uses
Positive Pay and Zero Balance with all bank accounts to protect taxpayer money
against unauthorized or fraudulent transactions.Funds handled by the office
include property taxes,sales tax,ownership tax,grant money,federal and state
funds,FEMA and many other forms.
3.PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff
for Town Board Final Action.
1.ACTION ITEMS:
A.RESOLUTION 74-21 SUPPLEMENTAL MAP #7 OF SOLITUDE VI
CONDOMINIUMS,7885 SKETCH BOX LANE,FISH CREEK PROPERTIES
LLC,APPLICANT.Mayor Pro Tem Martchink opened the public hearing.
Planner Bergeron presented an application to consider an addition to Unit 6 in
the platted space for Units 7-12 and known as “The Lodge”.The unit received
a Certificate of Occupancy in September 2020.To formalize the change in
the platted airspace,the Supplemental Condominium Map #1 would need to
be approved.Mayor Pro Tern Martchink closed the public hearing.It was
moved and seconded (Webermeier/Younglund)to approve Resolution 14-
21,and it passed unanimously.
B.RESOLUTION 15-21 APPROVING THE FIRST AMENDED PLAT OF LOTS
4A AND 5A OF THE AMENDED PLAT OF MOUNTAIN MEADOW
Board of Trustees —February 23,2027 —Page 3
SUBDIVISION,2754 AND 2758 YPSILON CIRCLE,TRAIL RIDGE
CONSULTING ENGINEERS,APPLICANT.Mayor Pro Tern Martchink
opened the public hearing.Planner Bergeron stated the amended plat would
combine two adjacent,vacant lots into one lot of 0.72 acres in size for a single-
family residential development.Both lots are zoned A-i,Accommodations
Low Intensity,and are located within the Mountain Meadow Subdivision,as
amended in 2017 and first platted in 2016.The lots are both owned by the
same party.The Estes Park Planning Commission recommended approval of
the application at their Janaury 19,2021 meeting.Mayor Pro Tem Marichink
closed the public hearing.It was moved and seconded
(Younglund/Webermeier)to approve Resolution 15-27,and it passed
unanimously.
C.RESOLUTION 1 6-21 APPROVING THE AMENDED PLAT OF A PORTION
OF LOTS 3,4 AND 5 OF LITTLE PROSPECT MOUNTAIN ADDITION TO
THE TOWN OF ESTES PARK,153 WESTON LANE,MARGUERITE WEST,
OWNER/APPLICANT.Mayor Pro Tern Martchink opened the public hearing.
Planner Woeber presented an application to consider an amended plat to
rearrange and combine three lots into two lots by adjusting internal lot lines.
The new Lot 3A contains a single-family residence and accessory structure
and Lot 4A remains undeveloped.The amended plat would bring the lots into
compliance with the Estes Park Development Code zoning standards for area
and setbacks.Mayor Pro Tem Martchink closed the public hearing.It was
moved and seconded (Webermeier/MacAlpine)to approve Resolution 16-
21 with an amendment to finding 4 of the Resolution to update 60 days
to 180 days,and it passed unanimously.
D.RESOLUTION 17-21 APPROVING A SPECIAL REVIEW,“STEALTH
WIRELESS COMMUNICATION FACILITY,”1575 S.SAINT VRAIN
AVENUE,VERIZON WIRELESS,APPLICANT,POWDER RIVER
DEVELOPMENT SERVICES,LLC,APPLICANT’S REPRESENTATIVE,
MOUNTAIN VIEW BIBLE FELLOWSHIP,PROPERTY OWNER.Mayor Pro
Tern Martchink opened the public hearing.Planner Woeber presented the Si
Special Review to establish a Wireless Communication Facility (WCF)with a
Monopine cell tower located at the northwest corner of the intersection of
South Saint Vain Avenue and Peak View Drive on a lot zoned “A”
Accommodations and home to Mountain View Bible Fellowship church.The
proposed tower would provide improved service to the southern portion of the
Estes Valley.The 18 x 32 foot WCF area would be fenced,and contain
equipment cabinets and the tower,which would be disguised as a pine tree
(“Monopine”),75 feet in height.The Si review required the applicant to
address the operations,traffic generation,existing zoning compatiblity,
location of parking and loading,including size,location,screening,drainage,
landscaping and surfacing,effect on off-site parking,street access points,
hours of operation,exterior lighting,effects on air and water quality,
environmental effects,noise,dust,height,size,setback and location of
buildings and activities,any diking,berrns,screening or landscaping,other
resources such as historic,cultural,etc.and required the applicant to hold a
public meeting with the neighborhood.The proposed facility would meet all
FAA requirements.
Board comments were heard and summarized:Mayor Koenig questioned the
decibel level of the facility and the need for the facility to meet the noise
ordinance as the facilty abuts a neighborhood.She further questioned
microwave levels that are produced by the facility.Trustee Younglund
questioned the results of the RF study completed and whether consideration
of the new housing development was included in the study.Trustee
MacAlpine stated the application refers to an initial location at the golf course,
property owned by the Town,and questioned why this location was not
considered.Town Administrator Machalek stated in 2017 Verizon was
reviewing the golf course as a location;however,the Town was not interested
Board of Trustees —February 23,2027 —Page 4
in the location after discussions with the lessee,Estes Valley Recreation Park
District.
Jen Daniels/Acquistion Representative for Verizon and Brian Eicens/Verizon
Radio Frequency Engineer provided a review of the location and the need to
increase coverage and capacity with a 75 foot tower.To serve the area south
of Hwy 7 higher frequencies that do not travel as far would be needed to
provide additional capacity for items such as streaming.The lower
frequencies are for coverage.The frequencies abide by the safety standards
set by the FCC to ensure safety standards.The proposed site would provide
coverage along the Hwy 7 corridor south of Peak View Drive and provide
reliable and extended capacity and provide redundancy.The location would
improve service quality in the area,especially during the summer months for
customers and first responders.When reviewing a location a 2.2 mile search
area was used to determine co-location opportunities and rooftop locations
prior to developing a new site.Locations further south were not effective in
providing a location due to the 100 foot elevation drop.The generator would
operate at 54 to 70 dba when operation during emergency operations,
consistent with the level of a conversation.All other noise generated by the
facility would be nominal due to the cabnets,fencing and protective covering.
The Monopine tower would contain 12 antennas and have capacity to co
locate up to three additional antennas.
Additional Board comments were heard and summarized:the area of
Axminister and Pine Knoll have terrible cell coverage and something should
be done to improve the coverage in the area;no noise would be leaving the
property based on normal operation of the equipment;questioned the RE
study finding and how they would impact the new housing development to the
north;the dba levels meets the Town codes;and questioned if the tower would
meet wind speeds required by the codes.
Anthony Goddard/Town citizen stated concern with the value of the
neighboring properties on Tranquil Lane with the cell tower located next to an
established neighborhood and the recent new workforce housing
development.The preception of health risks,noise,and impact to the property
values are a concern for the neighborhood impacted.The tower would be
directly next to the new housing development and significantly impact the new
residents.He stated the golf course was a preferred location in the applicant’s
application and denied by the Town for unforseen reasons.
Joe Croteau/Town citizen concurred with Mr.Goddard’s comments related to
property values and the preceived impacts the cell tower would have on the
health of the neighbors and RE impacts.He requested the Town reconsider
the location of the cell phone tower to protect its citizens.
Ms.Daniels stated the location of towers on top of apartments are common
and desired by the inhabitants to improve service.The search ring changed
once the current location on Hwy 7 north of the proposed location went live
and made the golf course location ineffective in improving the service south
on Hwy 7.There are no know health risks from the proposed tower.
Mayor Pro Tem Martchink closed the public hearing,It was moved and
seconded (Webermeier/Martchink)to approve Resolution 77-27,and the
motion failed with Mayor Koenig,Trustee Cenac,Trustee MacAlpine,and
Trustee Younglund voting “No”.
Attorney Kramer stated the Board’s motion was to approve the Resolution
which failed.There was no motion to deny the application.Federal law
requires a written denial of the facts and findings if a governing body denies
an application for a wireless communication facility.After further discussion,
it was moved and seconded (Martchink/Younglund)to continue the
Board of Trustees —February 23,2021 —Page 5
application to the March 9,2021 Town Board meeting and have staff draft
findings of fact for consideration of denial,and it passed unanimously.
4.ACTION ITEMS:
1.RESOLUTION 18-21 ESTABLISHING AN ADVISORY COMMITTEE
FRAMEWORK FOR THE ESTES PARK COMPREHENSIVE PLAN.Director
Hunt stated the proposed resolution would establish a framework for an advisory
committee for the Estes Park Comprehensive Plan.The Town received $150,000
in grant funding from the Colorado Department of Local Affairs to complete a new
Comprehensive Plan and subsequent rewrite of the Development Code.An
advisory committee to advise staff and the Town was proposed as part of the grant
application to provide adequate community representation to guide the process
and planning effort.The committee would consider issues,review data,consider
alternatives,discuss ideas,refine vision and values,advise staff,Planning
Commission and elected officials,and make recommendations to those entities
and the community regarding goals,policies,and strategies being developed for
the Plan.The appointment process would be conducted as outlined in Policy 102.
The bylaws would address the makeup of the committee as it relates to the number
of members and background of the members.The Planning Commission
discussed the Commission serving as part or in whole as the committee during
their recent meeting.He stated there would be value in having representation by
members of the county because of the continued involvement of Larimer County
in the process.
Discussion was heard among the Board and summarized:Planning Commission
participation would be encouraged but not required for all members to be involved;
the committee should include a couple members of the community that do not live
withing town limits;county members own businesses and pay taxes and should be
represented;outreach to the community would be essential;suggested the number
of participants from the town and county could be based on population;and there
should be a diverse representation of interests,range of age groups,business
owners,families,etc.
It was moved and seconded (Younglund/MacAlpine)to approve Resolution 78-
21,and it passed unanimously.Staff would draft bylaws for the Town Board’s
consideration at the next Town Board meeting on March 9,2021.County Manager
Hoffman and Community Development Director Ellis would be contacted to provide
a letter from the County Commissioners articulating their role in the
Comprehensive Plan process.
It was moved and seconded (Koenig/Younglund)to extend the Town Board
meeting past 10:00 p.m.,and it passed unanimously.
2.RESOLUTION 19-27 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO
THE 2021 BUDGET.Director Hudson presented an amendment to the 2021
budget to include funding to participate in the update to the 2009 Community
Wildfire Protection Plan,two grants received for the Fall River Trail Improvements
Phases 1A and 1 B,and for a wireless hotspot grant.It was moved and seconded
(Younglund/MacAlpine)to approve Resolution 79-21 Supplemental Budget
Appropriations #2 to the 2021 Budget,and it passed unanimously.
3.RESOLUTION 20-21 PROFESSIONAL SERVICES CONTRACT WITH INVISION
GIS,LLC FOR GIS CONSULTING SERVICES.Director Bergsten stated an REP
rendered three responses with InVision GIS submitting the lowest rates.The
Utilities department has worked with InVision since 2012 to add and track
infrastructure through GIS software.The company continues to meet the
department’s needs as defined in the scope of service.Additionally,the Town cost
shares the Lucity Asset Management Software with Lafayette and Louisville
through an MOU.Each of these municipalities contract with InVision GIS,and by
using the same consultant the municipalities save money by sharing software
development.The professional services contract would award a five (5)year
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contract for GIS services.It was moved and seconded (Webermeier/Younglund)
to approve Resolution 20-21,and it passed unanimously.
4.RESOLUTION 05-21 APPROVING INTERGOVERNMENTAL AGREEMENT
WITH CDOT FOR GRANT FUNDING FOR THE FALL RIVER TRAIL.Grant
Specialist Crosser stated the Town Board supported the submittal of two CDOT
grant applications which were awarded:Transportation Alternative Program (TAP)
funds in the amount of $955,000 with a local match of $238,750 and Multimodal
Options Fund (MMOF)in the amount of $448,226 with a local match of $178,664.
The proposed construction would start at the current trail terminus near Sleepy
Hollow Court and follow US 34 west for approximately 0.25 miles.Approval of the
IGA would allow the Town to proceed with final design and construction.It was
moved and seconded (MacAlpine/Cenac)to approve the Colorado
Department of Transportation Intergovernmental Agreement for grant
support of the Fall River Trail,and it passed unanimously.
5.REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Webermeier/MacAlpine)to enter into Executive
Session for a conference with an attorney for the Board for the purposes of
receiving legal advice on specific legal questions -Section 24-6-402(4)(b)
C.R.S.;for the purpose of determining positions relative to matters that may be
subject to negotiations,developing strategy for negotiations,and/or instructing
negotiators -Section 24-6-402(4)(e)C.R.S,and to discuss purchase,acquisition,
lease,transfer or sale of any real,personal,or other property interest -Section
24-6-402(4)(a)C.R.S.-Negotiations and Alternatives for Prospect Mountain
Water Easements,and it passed unanimously.
Mayor Pro Tem Martchink recessed the meeting at 10:29 p.m.The Board entered
executive session at 10:33 p.m.and concluded the executive session at 11:41 p.m.
Mayor Pro Tem Martchink reconvened the regular meeting at 11:44 p.m.
Whereupon Mayor Pro Tem Martchink adjourned the meeting at 11:44 p.m.
Patrick Martchink,Mayor Pro Tern
Qie Williamson,Town Clerk