HomeMy WebLinkAboutMINUTES Town Board 2017-09-26Town of Estes Park, Larimer County, Colorado, September 26, 2017
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 26th day of September, 2017.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Ward Nelson
Ron Norris
Cody Rex Walker
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Kimberly Disney, Recording Secretary
Absent: Trustee Patrick Martchink
Mayor Jirsa called 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 (Holcomb/Nelson) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Ken Arnold/Town citizen presented a petition completed by Visit Estes Park/Local
Marketing District (VEP/LMD) stakeholders. The petition was conducted door-to-door
and online asking stakeholders to sign in support of the current VEP Board, CEO, their
strategies, and outcomes.
Michelle Hiland/Town citizen expressed her concems of the Town's focus on workforce
and affordable housing. She explained many of her acquaintances have left Estes Park
due to tourism, congestion, lack of job advancement, job stress, lack of peers in the
population, and stability.
Art Messal/Town citizen voiced the VEP stakeholders should include the entire
community, not just business owners. Additionally, he spoke in support of the comments
from Michelle Hiland.
TOWN BOARD COMMENTS.
Trustee Norris attended the VEP Board meeting held September 20, 2017 on Trustee
Walker's behalf. The Operating Plan was approved and they requested feedback from
the Town Board. He also attended the September 19, 2017 Estes Valley Planning
Commission meeting, where newly appointed Board Member Doyle Baker was
welcomed. EVPC discussed the Comprehensive Plan status in conjunction with code
amendments, reviewed three large vacation home registrations, and recommended
approval of the Special Review Development Plan for the Estes Park Baptist Church.
Trustee Walker made note that the Women's Pro Rodeo Association awarded one of
the highest honors to the Rooftop Rodeo, to be announced at a later date. He remarked
that Rooftop appeared on the front cover of Pro Rodeo Sports News Magazine.
Mayor Jirsa revealed that the State Office of Economic Development at the State
informed the Town the Northern Colorado Regional Tourism Act would receive the first
sales tax increment of approximately $100,000. Payment timing and process would be
determined.
Board of Trustees — September 26, 2017 — Page 2
Mayor Pro Tem Koenig congratulated Trustee Nelson on being inducted to the Cornell
College Athletic Hall of Fame for football and wrestling.
Trustee Nelson stated the Open Lands Advisory Board meeting on September 28, 2017
was cancelled. He mentioned the second public meeting of the Downtown Plan would
be held on September 28, 2017, and encouraged citizens to look at the draft, available
on the Town's website.
Trustee Holcomb also mentioned interest in the Downtown Plan meeting. The
Transportation Advisory Board met on September 20, 2017, and discussed the Estes
Park Shuttle season report.
TOWN ADMINISTRATOR REPORT.
Town Administrator Lancaster provided a Board Policy Governance Compliance Report
on Policy 3.8. He reported compliance on all requirements with the exception of section
3.8.3, and cited the inability of The Town, at this time, to offer spousal insurance; a
deviation from the market.
Potential future Study Session items were put forward. The Broadband Update for
October 10, 2017, and a progress update on Estes Valley Development Code by
Director Hunt for November 14, 2017. Hunt's update would also be delivered to the
Larimer County Commissioners.
Town Administrator Lancaster shared a plaque provided by the Scottish Highland
Festival thanking the Town for its support of the festival.
1. CONSENT AGENDA:
1. Town Board Minutes dated September 12, 2017 and Town Board Study
Session dated September 12, 2017 and Town Board and County
Commissioners Joint Study Session dated September 15, 2017.
2. Bills.
3. Committee Minutes — None.
4. Estes Valley Board of Adjustment Minutes dated July 11, 2017
(acknowledgment only).
5. Estes Valley Planning Commission Minutes dated August 15, 2017
(acknowledgement only).
6. Parks Advisory Board Minutes dated August 17, 2017 (acknowledgement
only).
7. Transportation Advisory Board Minutes dated July 19, 2017 and August 16,
2017 (acknowledgement only).
8. Acceptance of Town Administrator Policy Governance Compliance Report.
Trustee Holcomb requested Item 1 be removed and discussed. It was moved and
seconded (Walker/Holcomb) to approve the Consent Agenda Items 2-8, and it
passed unanimously.
Item 1 - Town Board Minutes dated September 12, 2017 and Town Board Study
Session dated September 12, 2017 and Town Board and County Commissioners
Joint Study Session dated September 15, 2017. Trustee Holcomb sought to change
his vote on the Intergovernmental Agreement for the Estes Park LMD between the
Town of Estes Park and Larimer County Restating and Amending the Initial 2008
Intergovernmental Agreement, and he was advised by Attorney White he could not
Board ufTrustees — September 26,2Vi7—Page 3
change his vote at this meeting. It was moved and seconded (Walker/Koenig) to
approve the Consent Agenda Item 1.and bpassed unanimously.
:L REPORTS AND DISCUSSION ITEMS: (Outside Entities)
1ROCKY MOUNTAIN PERFORMING ARTS CENTER UPDATE. Albert
Milano/Executive Director of the Rooky Mountain Performing Arts Center
reported on the intended use ofthe FOSH Funds provided to Estes Performance
Inc (EPIC) by the Board of Trustees. The objectives of the planned construction
were defined as sensitivity tothe community ofEstes Park and its needs within
its financial capabilities. Performing arts stakeholders, Estes Valley nanidnn<o.
local business owners, and Bmnfonbnannor Consulting Group supplied input
Director Milano and the EPIC Board ofDirectors used in a revised mission and
design of the performing arts oon0or to moot the community's vision. The
fluctuating population of Estes Park, between small town and large tourist
dosdnodon, produced interest inflexible seating. Flexible seating would allow a
range from 300'600 seats. Director Milano elaborated that the design allowed
adaptability of events, and audience size while being cost effective. It allowed for
potential revenue with alternate programming. The building pmueno was
conceived in stages outlined by Director Milano with final costs not yet
determined. Mayor Pm Tom Koenig sought clarification of the layout, and
Trustees Nelson and Norris reflected positively onthe report.
3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CD00OK0|N|UK8 MAP #6, THE MEADOW
CONDOMINIUMS, 2746 & 2752 K|OVVA TRAIL; MARY8 o8EADQVV
DEVELOPMENT, LLC/UVVNER.Planner Becker.
B.SUBD|\/|SiON FINAL PLAT — ESTES PARK RESORT; LOT 1, LAKE
ESTES2wnADDITION, 17V4BIG TNQK0PSQNAVENUE. Item Continued 0n
October 24.2017.
It was moved and seconded (Norho8HcJoomb) to approve the Planning
Commission Consent Agenda, and it passed with unanimously.
2. ACTION ITEMS:
A. ORDINANCE #2147 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE REGARDING ADMINISTRATION OF THE
^COK8DEv RECOMMENDED PLANT LIST" — FORMERLY THE
"PREFERRED PLANTING LIST". K8ayorJima opened the Public Hearing.
Director Hunt stated that two pages were added tnthe updated plant list. After
being continued previous|y, hny safety guidelines were included. Eaten Ya||oy
Protection District and Chief Wolf were consulted and recommended two
additional documents he added to the plant |ia1. the Fire -Resistant
Landscaping handout and FineVVise Plant Materials handout of Colorado
State University Cooperative Extension. Director Hunt recommended
approval of the updated plant |ioL It was moved and seconded
(Koenig/Holcomb) to approve Ordinance #2147, and it passed
unanimously.
4. ACTION ITEMS:
1. RESOLUTION #24-17 SUPPLEMENTAL BUDGET APPROPRIATIONS FOR
2017. Mayor Jirsa opened the Public Hearing. Director Hudson presented
Resolution #24'17 along with schedules laying out the purposed budget
amendments. This resolution was pulled at the previous Town Board meeting
Board of Trustees — September 26, 2017 — Page 4
additional grant revenues and additional project costs. The resolution has been
revised to consider minor changes in accordance within the formal budget.
Director Hudson explained the updates related to Fish Creek, Larimer County
Open Space Fund, Moraine Avenue Bridge, and the Utility System Master Plan.
It was moved and seconded (Holcomb/Norris) to approve Resolution #24-17,
and it passed unanimously.
2. CONSIDERATION OF CURRENT APPOINTMENTS TO THE LOCAL
MARKETING DISTRICT. On September 26, 2017 The Larimer County Board of
Commissioners approved, by a vote of 3-0, to remove Steve Kruger and Lindsay
Lamson from the LMD Board. Attorney White stated that Section 5.14 of the
Intergovernmental Agreement (IGA) for the Estes Park LMD between the Town
and Larimer County approved on September 19, 2017, provides that six County
Commissioners and Trustees may remove any member of the LMD Board with or
without cause. In order to move forward with the removal of Steve Kruger and
Lindsay Lamson, three Trustees would need to approve their removal. He
clarified that the Colorado State Statute allows a LMD to be formed by two
governmental entities pursuant to an IGA. A separate section of the statute
applies to LMDs formed by single entities. Mayor Pro Tem Koenig stated the
importance of following the language and process the County Commissioners
used in voting to remove Directors Kruger and Lamson. Town Administrator
Lancaster provided the language the County used to vote 3 to 0 for removal of
Directors Kreuger and Lamson.
Paula Scheil/Town citizen cautioned the Board not to make the same mistake as
the County Commissioners, who acted too quickly. She questioned the interest
and awareness of the Commissioners with the LMD and its stakeholders. She
cited the VEP petition, which displayed the stakeholder and business owner
support of Board Members Lamson and Kruger.
Scott Webermeier/Town citizen detailed the historical creation of a marketing
district in the Town. He saw the beauty of the LMD as separated from political
circumstance, that the LMD has grown and manifested its interests. He
suggested that there are merits to allowing the Marketing District to operate as
independently as appropriate, and proposed that supporting the Commissioners
actions would not be wise to the local circumstance.
Art Messal/Town citizen argued that lodging has an iron grip on the community
and that it is time for a major change.
Catherine TallericoNEP Attorney highlighted two items from the restated IGA,
first the lost majority in voting with two separate boards meeting and taking
action. Second, the fundamental fairness by removing LMD board members. She
referenced section 208 of Colorado State Statute that required due process in
the removal of a board member and questioned why fundamental fairness would
not apply to each board member. She suggested that no removal action be
taken.
Mayor Pro Tem Koenig commented that based upon review of the stakeholders'
comments in the filed Petition, she would not support removal of Directors Kruger
and Lamson. , Trustees Holcomb and Norris voiced concern regarding the
limitations of rights of the LMD Board members, the need to follow due process
in removals, the ability of the LMD Board to take action without a quorum, the
appointment process in accordance with Town Board Governance Policies
should the removal occur, and required additional clarification on the removal
process for directors in the State Statute. Mayor Jirsa and Trustees Nelson and
Walker stated their support of the removal of the two LMD board members and
explained that only a fraction of businesses were petitioned, the removal does
not disassemble the LMD as a whole, and removal would benefit the LMD Board
and community.
Board of Trustees — September 26, 2017 — Page 5
After further discussion, a vote was called by Mayor Jirsa on the removal of
Directors Steve Kruger and Lindsay Lamson from the Estes Park Local
Marketing District Board of Directors effective immediately. Attorney White
stated that individual Trustees would be voting "Yes" for removal of the two
Directors, and "No" for not removing the two Directors. Mayor Jirsa, and
Trustees Nelson and Walker voting "Yes". Mayor Pro Tem Koenig and Trustees
Holcomb and Norris voting "No".
Following the vote, the Board of Trustees discussed the process by which new
appointments would be made, to allow the LMD Board to maintain a quorum.
Options included following appointment policy and procedure at an expedited
rate, the appointment of board members immediately, and the interim
appointment of Trustees to the LMD with a definitive date to make new
appointments. It was moved and seconded (Holcomb/Norris) to proceed with
the candidate selection process as defined in the Governance Policy, and it
passed with Mayor Jirsa and Trustee Walker voting "No".
It was moved and seconded (Norris/Koenig) to approve the appointment of
Trustees Norris and Walker to the Interview Committee for the Local
Marketing District. A substitute motion was presented.
Substitution Motion #1. It was moved and seconded (Holcomb/Norris) to
approve the appointment of Trustees Holcomb and Walker to the Interview
Committee for the Local Marketing District, and it failed with Mayor Jirsa, and
Trustees Nelson and Walker voting "No". A second substitute motion was
presented.
Substitution Motion #2. It was moved and seconded (Nelson/Jirsa) to approve
the appointment of Mayor Jirsa and Trustee Norris to the Interview
Committee for the Local Marketing District, and it passed with Trustee
Holcomb voting "No".
5. REPORTS AND DISCUSSION ITEMS:
1. BRODIE ROAD DESIGN. Engineer Stallworth presented a report on the
progress of the Brodie Road Design project, and proposed the improvements be
a component of the 2018 STIP program. The project would consist of a
pedestrian path connecting the Community Drive path with the Fish Creek Road
path, road improvements due to the low Pavement Condition Index (PIC), and
rectifying on street parking. The timeline for construction would be the 2018
summer break, with the expectation of receiving bids in March 2018. The budget
of the project was outlined, with the potential of receiving the Colorado Safe
Routes to School Grant. Trustees sought clarification on the causes of the poor
road PIC, the effect of the project on the surrounding areas, and the work of
road patching done this year.
Whereupon Mayor Jirsa adjourned the meeting at 9:01. p.m.
Todd Jirsa, Ma or
Kimberly Disre lecordin0r°Secre�tary