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Home My WebLink AboutMINUTES Town Board 2018-07-10Town of Estes Park, Larimer County, Colorado, July 10, 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 10th day July, 2018. Present: Also Present: Todd Jirsa, Mayor Trustees Carlie Bangs Marie Cenac Patrick Martchink Ron Norris Cody Rex Walker Ken Zornes Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk 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 (Martchink/Walker) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Adam Shake/Glen Haven citizen, David LaSalle/County citizen and Jeff Johansson/Town citizen introduced a new local nonprofit, Flinch Forward, to provide support for veterans and first responders transitioning to civilian life. Doug Klink/County citizen spoke to the proposed stormwater utility fee structure based on impervious coverage and the significant financial impact it would have for commercial properties. He was required to develop additional impervious coverage and a detention basin through the planning process, thereby increasing the proposed fee for his property. He stated stormwater should be addressed through property tax or a sales tax and not through individual assessment on impervious coverage. The proposed fee does not exempt nonprofits and would impact taxing districts such as the Fire District. Members of the public speaking against the development of a mountain coaster adjacent to the Good Samaritan Village along Dry Gulch included Graham Russell/Town citizen, Diana Van Der Ploeg/County citizen, Faith Zimmerman/Town citizen, Julie Lee/Town citizen and representative of the Good Samaritan residents, Johanna Darden/Town citizen, Mike Headley/Town citizen, Dennis Sohocki/Town citizen, Nancy Hills/County citizen, Alex Kostadinov/Town citizen, Linda Langer/Town citizen and Pam Henderek/Town citizen. Concerns regarding the development include the interpretation by Town staff on the allowed uses in RE-1 zoning, the project has been limited to a staff level review with no public hearing at the Planning Commission, the Community Development's unwillingness to discuss the project with the neighborhood, the Town Board's refusal to address the project and require staff to reconsider the zoning interpretation, a commercial enterprise should not be allowed in a residential zoning district, and noise from the coaster would destroy the quiet residential area. Mayor Jirsa stated the Town Board's responsibility for the mountain coaster development plan would be limited to ensuring the IGA with Larimer County is followed because the project area lies within the unincorporated Estes Valley. Town staff acts as an agent for Larimer County for developments within the county. Board of Trustees — July 10, 2018 — Page 2 Gary Miller/Estes Valley Water Coalition President requested the organization be considered for base funding in the Town's annual budget as outlined in Policy 671. Members of the public speaking against the proposed workforce housing development on Dry Gulch included Dennis Sohocki/Town citizen, Art Messal/Town citizen, Alex Kostadinov/Town citizen, and Pam Hendrick/Town citizen. The citizens in the area have not had proper notice of the proposed project which includes a rezoning from E — Estate to RM - Residential Multi -Family. A need for the project should be established prior to moving forward because the recent Housing Needs Assessment report does not adequately address the need. The land was zoned open space and not residential during the original platting of the subdivision. Requested a delay in the rezoning until a review of the project with the public has been held. Mayor Jirsa requested a meeting be held to discuss the project on Town owned land. TOWN BOARD COMMENTS Trustee Norris stated the Estes Valley Planning Commission would hold its next meeting on July 17, 2018. The Wind River development would be continued to the August meeting. The Family Advisory Board met on July 5, 2018 and has developed recommendations for the 2019 Town budget, including advocating for a special taxing district to raise funds to address the childcare needs, requested Town land for a childcare center and requested Town funding for a center. Mayor Pro Tem Walker commented on another successful rodeo and thanked the Rodeo committee for their efforts and recognized Trustee Cenac for her efforts with the parade. He also recognized the crowning of his daughter Ruth at this year's rodeo. Trustee Cenac thanked all that attended this year's rodeo and parade. She commented the Rodeo committee has a great hardworking team that produced an amazing rodeo. Trustee Martchink stated the next Parks Advisory Board meeting would be held on July 19, 2018 at the Museum. TOWN ADMINISTRATOR REPORT. Administrator Lancaster provided a quarterly update to the Town Board on the 2018 Board Strategic Plan. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated June 26, 2018 and Town Board Study Session Minutes dated June 26, 2018. 3. Family Advisory Board Minutes dated May 3, 2018 and May 24, 2018 (acknowledgement only). 4. Estes Valley Board of Adjustment Minutes dated June 5, 2018 (acknowledgement only). It was moved and seconded (Norris/Zornes) to approve the Consent Agenda, and it passed unanimously. 2. ACTION ITEMS: 1. RESOLUTION #14-18 TO SUPPORT ACCELERATING THE IMPLEMENTATION OF THE DOWNTOWN ESTES LOOP PROJECT. Director Muhonen provided an overview of the project and Town Board votes of support in 2013, 2015 and 2016. At the Town Board Study Session on June 12, 2018, the Town Board asked the staff bring forward a Resolution to request Technical Advisory Committee to accelerate the completion of the project from 2020/2021 to 2019/2020 and to allow right-of-way acquisition to proceed and provide closure for Board of Trustees — July 10, 2018 — Page 3 impacted property owners. The project design has reached 70% and the design could be completed to meet an accelerate timeframe. During the Study Session the Board further discussed the impacts to the Town if the project did not move forward. Town Administrator Lancaster prepared a memo outlining the consequences such as losing funding for the project, the need to pay back costs incurred to date estimated at approximately $2 million, and the likelihood the Town would not receive additional grant funding for future projects. Mayor Jirsa questioned if the proposed Resolution would be considered symbolic or would it have substance in moving the project forward earlier. Director Muhonen stated the Resolution would serve both purposes and the project could be ready to move forward in 2019 with the completion of the design in six to nine months and the acquisition of the need right-of-way. Mayor Jirsa stated the initial premise of the project was to improve access to the National Park; however, the Park has begun a study to address traffic and continues to evaluate the possibility of limiting traffic, utilizing a reservation system or a time entry approach. The Town does not have the information needed from the Park to make a decision on the validity of the project. Director Muhonen stated the project addresses traffic flow to and from the Park and would improve circulation through Estes Park. Those speaking in favor of the Resolution included Ingrid Bush/Estes Valley Partners for Commerce (EVPC) Board member, Kent Smith/Town citizen, Ann Finley/Town Citizen, Greg Rosenor/Town citizen, Dan Speedlin/Town citizen, Steve Komito/Town citizen, Charley Dickey/Town citizen and Belle Morris/Town citizen. EVPC Board conducted a survey of the members and 86% favor the project with 37 responses. Comments were summarized: concerned the Town would not receive future grants if the project does not move forward; two previous Town Boards have voted for the project; a vote for the Resolution would be a vote of support for the community; the project would support more than transportation; the project should not be sent to the voters; the project would provide safer pedestrian and bicycle mobility; and not moving the project forward would impact the Town economically and politically. Those speaking out against the project included Maureen Marsh/Town citizen, Rick Grigsby/Town citizen, John Meissner/Town citizen, Art Messal/Town citizen, Johanna Darden/Town citizen and Pat Newsom/Town citizen. Comments were summarized and included the project has not been studied enough; the public has not been asked through a public vote; the Resolution reaffirms the community supports the project which cannot be said without a public vote; and the project would make traffic accessing the Park worse. Board discussion was heard on the substitute motion to have a public vote on the Downtown Loop Project and has been summarized: Trustee Cenac stated she would be in favor of a vote in order to obtain the people's opinion on the project; Trustee Bangs commented she would not be in favor of a vote that might jeopardize a project researched and studied by traffic engineers and experts in the field; Trustee Martchink commented the vote would be a vote of passion and not an informed vote by the citizens; Trustee Zornes stated a vote would not provide the citizen's opinion unless 80 to 90% vote; Trustee Norris has received five years of public comment on the project and has consistently heard a 60/40 in favor of the loop; Mayor Jirsa has been an advocate from the beginning for a public vote on the project; and Mayor Pro Tem Walker stated support for the motion. It was moved and seconded (CenaclWalker) to hold a public vote for the Downtown Loop Project and it failed with Trustees Bangs, Martchink, Norris and Zornes voting "No". Board comments on the Resolution were heard and summarized: the Resolution would place the project in the original timeline for completion; the Resolution would be more symbolic than substantive; moving the project forward would provide a reduction in the cost of the project, improve safety for pedestrians and bicycles, improved air quality, and reduce the cost of flood mitigation work impacting the Board of Trustees — July 10, 2018 — Page 4 downtown; stopping the project would impact the Town's ability to received future grants; the Resolution would not resolve the division amongst the Board and the community; and support for the Resolution would reaffirms the citizen's support for the project which cannot be confirmed without a vote of the citizens. It was moved and seconded (Martchink/Zornes) to call the question, and it passed with Mayor Jirsa, Mayor Pro Tem Walker and Trustee Cenac voting "No". It was moved and seconded (Martchink/Zornes) to approve Resolution #14-18, and it passed with Mayor Jirsa, Mayor Pro Tem Walker and Trustee Cenac voting "No". 2. RESOLUTION #15-18 SUPPORT DEVELOPMENT FOR A NEW ESTES VALLEY COMPREHENSIVE PLAN. Director Hunt stated the proposed Resolution provides the Town Board's formal confirmation to rewrite the 22 year old Estes Valley Comprehensive Plan and provide a process and time frame to complete the Plan. The Resolution outlines the need for resources to be committed to the process through a budget amendment in 2018 and budget approval in 2019 — 2021 to complete the project. The adoption of the Resolution would allow the Town and County to apply for grant funding for the project. It was moved and seconded (Norris/Walker) to approve Resolution #15-18, and it passed unanimously. 3. ESTES VALLEY COMPREHENSIVE PLAN ADVISORY COMMITTEE FORMATION & APPOINTMENT. Director Hunt requested the appointment of an Advisory Committee through the end of 2018 to oversee the pre -planning for the rewrite of the Estes Valley Comprehensive Plan. He recommended a five member committee with ttow members from the Town, two members from the County and one Planning Commissioner. After further discussion, it was moved and seconded (Bangs/Norris) to appoint Trustee Norris, Community Development Director Hunt and Trustee Cenac serving as back up to Trustee Norris to the Estes Valley Comprehensive Plan Advisory Committee, and it passed unanimously. 4. RESOLUTION #16-18 SUPPLEMENTAL BUDGET APPROPRIATIONS. Mayor Jirsa opened the public hearing. Director Hudson stated the proposed amendment to the 2018 budget would appropriate funds for the Prospect Mountain Water Company System improvements, the Knoll -Willow Legacy project, the Veterans Memorial Monument, the addition of a prosecuting attorney for Municipal Court, and funding for planning services in preparation of the Comprehensive Plan rewrite. The amendments total $315,000 with $260,000 from the Water Fund, $50,000 from the General Fund and $2,000 from the Open Space Fund. Mayor Jirsa closed the public hearing. It was moved and seconded (Walker/Norris) to approve Resolution #16-18, and it passed unanimously. 5. HISTORICAL SIGN APPROVAL, BIRD & JIM, 915 MORAINE AVENUE, STRONG & CO, LLC/OWNER. Code Compliance Officer Hardin stated the neon roof sign was constructed during the 1950's and remains on the newly renovated building. The sign does not meet the current sign code regulations which prohibits roof signs. The current owners have restored the sign to meet the current wind and snow loads. Kent Smith/Smith Signs confirmed the sign has been inspected and meets the current requirements. John Witmer/Bird & Jim co-owner stated the sign is an homage to the history of the building. It was moved and seconded (Cenac/Walker) to approve the application of Bird & Jim to use the neon roof sign in its original and authentic form, finding that it meets the requirements of the Estes Park Municipal Code, Title 17.66.071 Historical or Culturally Significant Signs, and it passed unanimously. Board nfTrustees — July 1[\2V1O—Page 5 Whereupon Mayor Jimeadjourned the meeting a18:3Op. Todd Jirsa, Mayor Williamson, Town Clerk ~