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HomeMy WebLinkAboutMINUTES Town Board 2016-11-29Town of Estes Park, Larimer County, Colorado, November 29, 2016 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Event Center in said Town of Estes Park on the 29th day of November, 2016. Present: Also Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Jirsa called the meeting to order at 6:00 p.m. to consider entering into Executive Session 1. ACTION ITEMS: 1. DOWNTOWN ESTES LOOP CONCURRENCE TO PROCEED. Director Muhonen presented an overview of the Downtown Estes Loop project which began with the Town applying for and successfully procuring a Federal Lands Access Program grant to address the downtown traffic congestion during the peak visitation period from June through October, to address vehicular delays, noise, air pollution, driver frustration, and conflicts between motorists and pedestrians. The project has progressed through the NEPA process and the Town Board must confirm previous support for the project in order to move forward with final design, right-of-way acquisition, and construction of the project. James Herlyck/Central Federal Lands (CFL) Project Manager and Corey Lang/CDOT provided an overview of the project to improve access to and from Rocky Mountain National Park (RMNP) by reducing travel time and congestion, and by improving safety through downtown Estes Park. The downtown corridor currently experiences 40 days of congestion and estimates demonstrate 147 days of congestion without any improvements to the corridor by 2040. Through the alternate screening process the one-way couplet and no action were determined as the options to consider through the NEPA process. The Phase I funding for the one-way couplet would construct the loop, improve intersections, reconstruct the Ivy Street bridge, improve wayfinding, parklands, bike and pedestrian areas, and construct a roundabout at the intersection of Moraine/Riverside/Crags to reduce the number of pedestrian -vehicle, and vehicle -vehicle conflict points from 15 to 10. The phase does not include Rockwell and Riverside bridge improvements, the relocation of public restrooms or downtown channel/floodplain improvements which would be considered in future phases that remain unfunded at this time. Comments received on the EA included 253 from 229 different commenters and responses were provided to the most frequently cited. No technical changes or narrative edits were required to the EA based on comments. Section 4(f) US Dot Act of 1966b requires FHWA and other DOT agencies to receive the local government approval that the impact to publicly owned parks due to roadway projects has been determined to be de minimis, and that no feasible and prudent alternative exists, and all possible planning to minimize harm to the property has been identified. The next steps include the Town Board's concurrence on Section 4(f) de minimis finding Board of Trustees — November 29, 2016 — Page 2 as it relates to the impact on Baldwin and Children's Parks, reaffirmation to complete the project, CFL issuance of a NEPA decision of Finding of No Significant Impact (FONSI) on Phase I, and construction following the final design, right-of-way acquisition, and construction funding obligation. The Colorado Programming Decision Committee has reprogrammed the construction funding for the project to the 2021 fiscal year due to the uncertainty of the project. The funding decision would not delay property acquisition. The funding would be sufficient to fund Phase I construction, including inflation. Johnny Olson/CDOT Region 4 Transportation Director stated the agency exists to ensure the public has a safe and efficient highway system to improve the lives of the citizens of Colorado and support the economy. He stated the project would significantly impact the movements of cars, pedestrians, and bikes through the downtown corridor. There are significant risks if the Town does not move forward with the project, including the repayment of current project costs to date of approximately $1.5 million and future grant funding opportunities. The Town has been denied additional FLAP grant funds for Moraine due to the uncertainty of the current project. Darla Siddles/RMNP Superintendent commented the Park provided a letter of support for the FLAP project and supports finding ways to relieve the congestion to, through and out of the Park. The Park has taken a neutral position on the project because there are a number of pros and cons. The EA addressed moving vehicles through the downtown corridor; however, it did not address the congestion in the Park. The Park has begun to address the visitation congestion issue within the Park, and would be developing a visitation use strategy. She stated the Park would not be closing entrance stations or Trail Ridge Road, Curtis Scott/CFL Chief Engineering stated the Downtown Estes Loop began as a citizen effort through the Transportation Advisory Committee, and the Town Board supported the vision of the Committee and applied for the FLAP grant. Throughout the process CFL, CDOT and the Town have partnered on the project to address congestion and concerns related to the project. Additional studies and public comment have been completed for the project through the EA process. The EA has confirmed the vision of the Downtown Estes Loop would work with no significant impact. The project funding has been secured. The project would be the right solution to address the problems identified throughout the process. Board discussion followed and has been summarized: Mayor Pro Tem Koenig questioned the project phasing and what would occur during Phase II of the project, i.e. replacement of additional bridges through acquisition of additional homes or a parking structure; Trustee Walker questioned the security of the funding as it would need to be appropriated for the 2021 fiscal year; Trustee Holcomb questioned if the project could be moved up to the original schedule if approved; Mayor Jirsa questioned if FLAP funds could be used to build a parking structure; Trustee Martchink stated the EA reviewed a number of alternatives and determined the Loop would not be the best or the safest option, Option 6 — a 4-way Riverside would be the safest, he questioned if CDOT would consider the 4-way and completely bypass downtown in the future; and Trustee Nelson stated the Front Range population has been estimated to grow rapidly in the next 10 years, thereby increasing the demand on CDOT resources. Responses to Board comments followed. Johnny Olson/CDOT stated his Phase II would be the parking structure. Corey Lang/CDOT stated Phase II could be the full replacement of the Rockwell and Riverside bridges with no additional right-of-way needed beyond that procured during Phase I. James Herlyck/CLF commented the 5-year FAST funding bill has provided secured funding for transportation projects. The Colorado Programming Decision Committee meets twice a year to discuss funding of projects. As a member of the Committee, CDOT would support the request to move up the construction of the project. FLAP grant funding could be used to build a parking structure in the future. Board of Trustees — November 29, 2016 — Page 3 Johnny Olson/CDOT stated CDOT may consider the 4-way on Riverside in the next 10-15 years if it were to become the number one priority for the Upper Front Range Planning area. He confirmed the population in the Front Range has been estimated to grown by approximately 144% in Weld County and 119% in Larimer County. The congestion issues would increase in the area and Estes Park would compete for funding as other needs are identified. Those speaking in favor of the de minimis finding and the Downtown Estes Loop project included Charley Dickey/Town citizen, Todd Plummer/Town citizen, Bill Pinkham/Town citizen, Kimberly Campbell/Transportation Advisory Board Chair, Michelle Hiland/Town citizen, Elizabeth FogartyNisit Estes Park CEO & President, Kirby Nelson-Hazelton/Estes Valley Partners for Commerce, Heidi Scanton/County citizen, Tony Schetzsle/Town citizen, Nick Smith/Town citizen, Art Messal/Town citizen, Christy Crosser/County citizen, Steve Hampton/Town citizen, Greg Rosenor/Town citizen, Kent Smith/Town citizen, Pat Nelson/Town citizen, and Richard Ralph/Town citizen. Comments were summarized: The Town operates with a representative democracy and the decision on the project should be determined by the elected members of the Town Board and not a vote of the people who may not have all the details on the project. The Board reads the studies and weighs the pros and cons of each proposal. The time has come to manager the Town's growth. Other projects such as the Wonderview bypass and EPURA streetscape improvements were all touted by the downtown businesses as projects that would destroy the downtown, and in retrospect both projects enhanced the downtown area. The population in the Front Range would double in the near future and would provide significant infrastructure pressures. The project would improve roadway and system management. The Transportation Advisory Board has spent countless hours reviewing the project and recommended approval, stating the citizens deserve the right to drive through downtown throughout the year on a safe roadway with proper bike lanes and sidewalks. The project would provide the most impact at the least change. The project would benefit the entire community, including residents, businesses and guests. The project was not identified by the original Transportation Visioning Committee as a top priority because of the expense. The project and funding are a gift and should be implemented. The development of an Art District and a Performing Art Center downtown would require the Town address traffic in the downtown corridor in the future. The project would address the experience for the residents and the guest and no longer would address just the access to the Park. The quality of life of the citizens may be impacted without the project and additional improvements may be realized. Those speaking against the de minimis finding and the Downtown Estes Loop project included John Meissner/Town citizen, Holly Moore/Downtown business owner, Peter Plaut/County citizen, Narcis Anghel/Downtown business owner, Ann Taylor/Downtown business owner, Wayne Newsom/Town citizen, Eric Blackhurst/Town citizen, Pat Blume/Town citizen, Janet Hays/Town citizen, Maureen Marsh/Town citizen, Lew Larek/Town citizen, Leta Nefzger/County citizen, Cheryl Grigsby/Town citizen, Mark Igel/Town citizen, John Spahnle/Town citizen, Celeste Fraser/Town citizen, Brian Lindley/Town citizen and Johanna Darden/Town citizen. Mayor Pro Tem Koenig stated she received a call from Jesse Neilson/Part-time Town citizen who opposed the project. Comments were summarized: The CFL continues to hold the Town hostage by threatening to make the Town pay for the project if the Town denies moving forward. The project would have negligible impact on the traffic congestion because it does not address roadway capacity and does not remove cars from the roadway. Too many issues have changed since the grant was awarded, therefore, the Town should deny the project. The Park has begun closing roads in the Park and turning cars away. The impact to the two parks would be significant by decreasing the lands, removal of mature trees, increase in traffic, noise and pollution, and the removal and relocation of the public bathroom at Children's Park across from the Park on a busy roadway. Taking of 40% of Baldwin Park, donated by the Baldwin family, would be wrong and the loss of mature trees would be significant to the streetscape. The one-way couplet would be a CDOT Board of Trustees — November 29, 2016 — Page 4 experiment the Town cannot afford. Concerns were raised on the security of the $17 million in funding through 2021. The proposed one-way couplet would destroy the quaint neighborhood long the Riverside Drive area. The poorly run project does not take into account the fact the Town does not have a Downtown Plan in place. The creation of the plan should be complete prior to moving forward with the proposal. The project would impact the charm of Estes Park, and therefore, the number of guests would be impacted. Additional lanes are needed to address congestion. Mayor Jisa called for a 10-minute recess at 8:30 p.m. and resumed the meeting at 8:40 p.m. Board discussion followed on the de minimus finding for Baldwin and Children's Parks with clarification on how the project partners determined the impact to the parks was de minimus. Trustee Norris established the project alternative had the smallest impact of the other action alternatives, and the proposal would add park space and other amenities such as river access. Mayor Pro Tem Koenig stated concern with the increase noise and stated there was no feasible way to mitigate the noise. Trustee Nelson commented the square footage to the parks would not be significantly impacted. Mayor Jirsa questioned if the Town could find a de minimus finding for the parks and not approve the project because the EA would be a useful asset for the Town. James Herlyck/CFL stated CFL would not complete the EA with a Finding of No Significant Impact (FONSI) if the Town Board does not approve the de minimus finding and move forward with the project. It was moved and seconded (Nelson/Holcomb) to authorize the Mayor to sign the letter of concurrence for the NEPA Environmental Assessment pertaining to the de minimis finding for impact to park resources, and it passed with Mayor Jirsa, Mayor Pro Tem Koenig and Trustee Walker voting "No". Board discussion ensued on continuing the project and has been summarized: Mayor Jirsa stated the Transportation Visioning Committee sited the one-way couplet as an alternative to address congestion; however, the public resistance to the project would be significant. The Committee further stated the Town and CDOT should long term reroute Hwy 34 and Hwy 36 so neither passes through downtown Estes Park by expanding West Riverside and improving Wonderview. He stated the Visioning Committee was right and the Loop project would be in direct opposition to the Committee's recommendations. Mayor Jirsa further stated the continuation of the project should be sent to a vote of the people. Trustee Holcomb commented the majority of the residents support the implementation of the one-way couplet and It was moved and seconded (Holcomb/Nelson) to reaffirm the Town's early support for the project. The motion did not move forward as a substitute motion was made. Trustee Walker stated the project has divided the Town and the Board on the best route forward. The project involves the use of eminent domain, the taking of people's property. He would support a public vote on the continuation of the project, and that doing so does not abdicate the responsibilities of being an elected official. A vote on the project would be a compromise and bring needed unity to the community, the local government and unity on the Town Board. Mayor Pro Tem Koenig stated the Town Board considered a vote on the project during earlier discussions, which was postponed due to the significant increase in cost of the project from $17 million to $34 million. She would support sending the project to a vote to determine the will of the citizens. Board of Trustees — November 29, 2016 — Page 5 Trustees Holcomb, Martchink, Nelson and Norris stated the decision on the project should be made by the Board and the duty of the Board should not be abdicated. Substitute Motion: It was moved and seconded (Walker/Jirsa) to refer the question of whether to proceed with Phase I of the Downtown Estes Loop project to the voters of Estes Park at a special election at a date to be determined early in 2017, and the motion failed with Trustees Holcomb, Martchink, Nelson and Norris voting "No". Discussion on the motion to approve the project was heard and summarized: Trustee Martchink commented no action on the project could lead to a 4-way road along West Riverside and completely reroute traffic away from downtown, which would be detrimental to the economy of the Town. Trustee Nelson stated the congestion continues to increase and the project would impact numerous future projects to address parking and congestion, as well as impact the Town's ability to compete competitively for future FLAP grants. Mayor Pro Tem Koenig stated her research has demonstrated one-way loops moving traffic away from town and an excess of parking structures tends to decrease foot traffic and hurt businesses. She commented the year-round citizens would have to utilize the loop 12 months of the year to address a congestion issue that occurs seasonally and a loop project that ultimately moves the point of congestion, not solve it. The approval of the project would obligate future Town Boards because the project would not begin for another five years. Trustee Norris stated support for the project for the following reasons: the loop would be one link in the chain to improve traffic flow; improve the flow from downtown to the National Park and improvements into Estes Park. The project has been fully funded by the FLAP grant; however, if the Town votes to not move forward it would be obligated to repay funds of over $1.6 million, find funds to improve Riverside Drive, and rebuild the Ivy Street bridge at a cost of over $4 million. The project affords the Town a number of benefits, including a completed EA to be used to implement hydrology and flood improvements downtown, improve traffic conflicts, quicker emergency response, reduced days of congestion, improve air quality, and encourage economic growth. It was moved and seconded (Holcomb/Nelson) to approve and complete the funded Phase 1 Downtown Estes Loop project, and it passed with Mayor Jirsa, Mayor Pro Tem Koenig and Trustee Walker voting "No". Whereupon Mayor Jirsa adjourned the meeting at 9:24 Todd Jirsa, ayo J,a4cie Williamson, Town Clerk