HomeMy WebLinkAboutMINUTES Town Board 2018-10-09Town of Estes Park, Larimer County, Colorado, October 9, 2018
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 9th day October, 2018.
Present:
Also Present:
Todd Jirsa, Mayor
Cody Walker, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Greg White, Town Attorney
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Kimberly Disney, Recording Secretary
Absent: None
Mayor Jirsa called the regular 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/Zornes) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Charlie Dickey/Town Citizen spoke regarding noise issues with businesses providing
outdoor music. He mentioned business relationships with neighborhoods, the Police
efforts with noise complaints, and a decibel limitation would not make the reduce the
volume.
Marcia Groome/Town Citizen spoke regarding her issues with the consistency of loud
music played at The Barrel. She stated she has called the police multiple times and
would be prepared to take the matter to court should it continue.
Mike Lemley/Town Citizen spoke in support of Marcia Groome's statements. He
asserted the number of complaints the police have received would be higher if the two
properties next to his home were occupied full-time. He questioned if the police use the
acoustic stipulation of the ordinance as an ambiguity to not issue tickets.
Lew Larek/Town Citizen spoke about the revenue possibilities of allowing legalized
gambling. He stated additional revenue would allow the Town to provide support for
police and their families.
Jim Swaney/County Citizen spoke in support of Ordinance 15-18 to allow for more
public input on developments, and Ordinance 17-18 providing a moratorium on park and
recreation applications in residential zones. He stated he moved to Estes Park to enjoy
the peace and quiet, the quiet should be protected.
John Meissner/Town Citizen spoke in support of using a timer for public comment.
TOWN BOARD COMMENTS
Trustee Norris stated the Estes Valley Planning Commission would meet on October
16, 2018. The Family Advisory Board would be conducting public outreach on childcare
and housing. The Comprehensive Plan Advisory Committee has begun conducting a
Board of Trustees — October 9, 2018 — Page 2
survey with valley residents. He stated October as Conflict Resolution month, and
requested citizens use constructive discussion to resolve issues.
Mayor Jirsa stated Northern Colorado Regional Tourism Authority met and discussed
the Stanley Film project, which continues to progress. The Town can expect $430,000
to be used for future projects. He stated he was elected Chairman of the Board for
Platte River Power Authority (PRPA). PRPA's integrated resource plan will be brought
back to the Town Board for discussion.
Trustee Bangs attended a viewing of "Dawn Wall" a film supporting local climber
Tommy Caldwell. She attended the Family Advisory Board on October 4, 2018 on
behalf of Trustee Norris.
Trustee Cenac attended the CML District meeting where ballot issues were discussed.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated September 25, 2018.
3. Board of Adjustment Minutes dated September 11, 2018 (acknowledgment only).
4. Family Advisory Board Minutes dated September 6, 2018 (acknowledgment
only).
It was moved and seconded (Cenac/Walker) to approve the Consent Agenda,
and it passed unanimously.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. CONSENT ITEMS:
A. AMENDED PLAT, 920 DUNRAVEN ST., MARK NEWENDORP DBA AGA
DEVELOPMENT LLC/OWNER. It was moved and seconded
(Martchink/Walker) to approve the Planning Commission Consent
Agenda, and it passed unanimously.
2. ACTION ITEMS:
A. ORDINANCE #14-18 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE (EVDC) TO ADD "SIGHTSEEING/TOUR VEHICLE
FACILITY" AS A SPECIAL REVIEW USE IN CERTAIN ZONING
DISTRICTS. Mayor Jirsa opened the public hearing and Planner Woeber
presented Ordinance 14-18 to amend the EVDC to clearly define the use of
sightseeing, tour, and wedding charters in the Estes Valley. The amendment
would allow for a S2 special review process in the A (Accommodations), CD
(Downtown Commercial) and CO (Outlying Commercial) zoning districts.
Various companies offer such services in town and staff has encountered
issues in allowing such business because they are not addressed in the
code. The Trustees discussed the broad definition and unintended
consequences that could arise. Mayor Jirsa stated if the facility does not
have on -site ticket sales and customer parking it would become a vehicle
storage site.
Marcia GroomelTown Citizen spoke in support of the ordinance stating she
previously owned Estes Park Trolleys. She asked how bus storage is
currently defined in the EVDC and stated that Green Jeep Tours a similar
business in the CD has not been required to store vehicles off site.
Board of Trustees — October 9, 2018 — Page 3
Charley Dickey/Town Citizen stated it would be unfair to require customer
parking in one zoning district and not in others. Currently the CD does not
require customer parking.
John Meissner/Town Citizen questioned why the definition specified 6 or
more seats in the vehicle. Planner Woeber stated this was to exclude taxi
companies from being included in the definition.
Mayor Jirsa closed the public meeting and Attorney White read the
ordinance into the public record. It was moved and seconded
(Martchink/Walker) to table Ordinance 14-18 to October 23, 2018 to allow
staff time to redefine the use classification definition, and it passed
unanimously.
B. ORDINANCE #15-18 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE TO REQUIRE NEIGHBORHOOD/COMMUNITY
MEETINGS PRIOR TO APPLICATION. Mayor Jirsa opened the public
hearing and Planner Becker presented Ordinance 15-18 which would
provide an opportunity for the local community to become aware of proposed
projects in the community. This would include input opportunities, provide
clear interpretation of project locations, and open communication to the
public. Trustees discussed other communities use of similar processes, staff
involvement in the meetings, tracking community interest, and the
community members who would receive notifications of the meetings.
Greg Cenac/County Citizen questioned who the notifications would be sent
to and why variances and minor subdivisions were not included. He also
stated the ordinance affects both the Town and County and the requirement
should be necessary for all development requireing a review.
Director Hunt stated notifications would be sent to the same community
members as the public notification list. Those that share a property line with
the development and 100 feet beyond. He suggested the ordinance be
reviewed in a year to determine its effect.
Kent smith/Town Citizen suggested a posted notification sign of public
meetings be displayed on the property applying for development similar to
the signs already being used.
Johanna Darden/Town Citizen questioned if the meetings would be open to
the public.
Mayor Jirsa closed the public hearing and Attorney White read the ordinance
into the public record. It was moved and seconded (Norris/Martchink) to
approve Ordinance 15-18 with the inclusion of minor subdivisions and
review of the effects within one year, and it passed with Mayor Pro Tem
Walker voting "no".
ACTION ITEMS:
1. ORDINANCE #16-18 AMENDMENT TO THE ESTES PARK MUNICIPAL CODE
§9.08.090 PANHANDLING. Mayor Jirsa opened the public hearing and Town
Attorney White presented Ordinance 16-18 to remove subsection (5) of
§9.08.090 (b) of the Municipal Code which prohibits panhandling on a public
transportation vehicle. A letter dated August 28, 2018 from American Civil
Liberties Union (ACLU) requested the Town repeal the prohibition of panhandling
on public transportation vehicles, citing recent U.S. District Court and U.S.
Supreme Court cases which addressed the constitutionality of such a prohibition
as a restriction of free speech. After review of the Town's laws prohibiting
panhandling on public transportation it was determined the law may not be
legally sustainable. With the repeal of subsection 5, the Town may still prohibit
Board of Trustees — October 9, 2018 — Page 4
aggressive, intimidating, threatening, or coercive panhandling on public
transportation.
Charley Dickey/Town Citizen questioned if the ordinance prohibited the ability of
people to play for tips.
Mayor Jirsa closed the public hearing and Attorney White read the ordinance into
the public record. It was moved and seconded (Martchink/Cenac) to approve
Ordinance 16-18, and it passed unanimously.
2. ORDINANCE #17-18 IMPOSING A TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS. Mayor Jirsa opened the public hearing and
Town Attorney White presented Ordinance 17-18 imposing a temporary
moratorium on the receive] and review of applications for park and recreational
facilities in residential zoning district. The ordinance is a result of public concern
of the review process for the Estes Mountain Coaster. Staff has been formulating
amendments to the EVDC to address these concerns. The moratorium would
allow sufficient time for the EVDC amendments to be reviewed. Trustees
discussed how the moratorium was limited to applications within town limits, and
if Larimer County planned to impose a similar moratorium.
Joanna Darden/Town Citizen spoke in favor of the ordinance and requested the
words non-commercial be placed in the EVDC.
Greg Cenac/County Citizen requested the term mountain coaster be stricken
from the ordinance.
Doug Sacarto/County Citizen spoke in favor of the ordinance as a counter to
current conflicts and he requested the county adopt a similar ordinance.
Mayor Jirsa closed the public hearing and Attorney White read the ordinance into
the public record. It was moved and seconded (Martchink/Zornes) to approve
Ordinance 17-18, and it passed with Mayor Pro Tem Walker voting "no".
REPORTS AND DISCUSSION ITEMS:
1. 2018 CITIZEN SURVEY RESULTS. Public Information Officer Rusch presented
the results of the 2018 Citizen Survey. The survey is used to monitor trends in
resident opinions, measure performance, communications and inform decisions
on budget, land use and strategic planning. The Trustees discussed the number
of surveyed citizens, surveys conducted in Spanish, and the ability to analyze
individual question statistics and demographics.
John Meissner/Town Citizen stated the 40% response rate was low and asked if
the same citizens receive the survey each time and if the demographics can be
analyzed for surveys that are not completed.
Whereupon Mayor Jirsa adjourned the meeting at 9:12 p.m.
4<imberly D
(ding Secretary