HomeMy WebLinkAboutMINUTES Town Board 2015-08-11Town of Estes Park, LahmerCounty, Colorado, August 11.2015
Minutes of m Regular meeting of the Board of Trustees of the Town of Estes
Pork, Lmhnner County, Colorado. K1modng held in the Town Hall in said Town
ofEstes Park onthe 11mday ofAugust 2815.
Present:
Also Present:
William C.Pinkhann.Mayor
Wendy Koenig, Mayor Pro Tern
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Travis K8mcha|ok.Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENTS.
TRUSTEE COMMENTS.
Trustee Ericson stated the Town would Lmhosting unew event inBond Park this
weekend, the Wine Feodva|, and encouraged all to attend. The Transportation
Advisory Board would hold their month meeting on August 12. 2015 to continue
discussion onthe Master Parking Plan. Hmreported sales tax for June was upand the
Local Marketing District revenues were also upfor the second quarter.
Mayor Pro Tern Koenig commented the Sister Cities organization would meet on
August 1Q.2015.
Trustee Norris informed the Board the Visit Estes Park Board continues to work ontheir
2016 Operating Plan and have hired a new employee to work on group and partnership
development. The Public Safety, Utilities and Public Works Committee would meet on
August 13, 2015. He reported the pothole patoher has filled approximately 1100
pcdhn|eo to date.
Mayor Pinkham attended the nationalization ceremony in Rocky Mountain National
Park.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster provided the Board and the citizens with an update on the
Downtown Estes Loop project with the Central Federal Lando Highway Division (CFL)
and the Colorado Department ofTransportation (CDOT). He stated there have been
concerns with the funding of the project since the flood and the need to replace bridges
within the project area. The original grant application submitted prior tothe flood was to
nop|aoo the Ivy Bridge only and not Rockwell and Riverside bridges. The hydrology
study would provide staff with the final numbers to address stream oupuohy; howovor,
improvements to the bridges would not resolve channel restrictions past the Riverside
Bridge. The NEPA process would review the hydrology report for the project area as
well as downntream, and therefore, the NEPA process would be delayed until next
spring at the earliest. The estimates to complete the project and meet the 100 year
flooding event would nearly double the cost of the project. A third alternative was
Board of Trustees — August 11, 2015 — Page 2
discussed with the other agencies and negotiations have begun that would not include
a loop or a one-way roadway. There was interest by CFL and CDOT to review the
option. Staff would continue the discussions and bring forward additional information
as it develops.
1. CONSENT AGENDA:
1. Town Board Minutes dated July 28, 2015, Town Board Study Session
Minutes dated July 28, 2015, and Town Board Budget Study Session Minutes
dated July 28, 2015.
2. Bills.
3. Committee Minutes:
A. Community Development & Community Services Committee, July 23,
2015.
4. Estes Park Board of Appeals Minutes dated July 2, 2015 (acknowledgement
only).
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda
Items, and it passed unanimously.
2. ACTION ITEMS:
1. RESOLUTION # 13-15 SETTING ELECTION FOR REFERRED MEASURE —
THE DOWNTOWN ESTES LOOP. Town Clerk Williamson presented
Resolution #13-15 which if approved would set an election to refer a measure
to the electorate during the Coordinated Election in November for the
Downtown Estes Loop and set ballot language.
Those speaking in favor of setting an election included Tom Street/County
citizen, Susan Wolf/County citizen, John Meissner/Town citizen, Randy
Brown/County citizen, Lou Gorski/Town citizen, Leah Marshall/County citizen,
Mike Marshall/County citizen, Holly Moore/Town citizen, Johanna Darden/Town
citizen, and Norm McGill/County citizen. The citizens should be given the
opportunity to vote on an issue that would change the character of the town.
The public input has been clear on the issue and the right of the electorate to
vote. In light of Administrator Lancaster's comments the item should be tabled
as there is not enough information know to move forward with a vote at this
time. The loop project has not been well studied and affects all residents of the
valley.
Those speaking against setting an election included Paul Fishman/Town
citizen, Teresa Maria Widawski/Town citizen, Tom Dority/Town citizen, Belle
Morris/Town citizen, Adam Shake/Town citizen, Jon Nicholas/Town citizen,
Chris Carey/Estes Park Lodging Association President, Bill AlmondNisit Estes
Park Board Chair, Elizabeth Fogarty/CEO Visit Estes Park, Mark
Guenther/Town citizen, Lindsay Lamson/County citizen and Charley
Dickey/Town citizen. The Town Board of Trustees should continue to review
the information related to the project, including the final NEPA study, and make
a decision on the project, thereby upholding their duty as an elected official and
not remand an important decision to the voters. The responsibility for making a
decision lies with the Board. The Board decided on April 15, 2015 to continue
with the NEPA process and review the study before making a final decision on
the project. The Town may risk the awarding of future grants if the project
does not move forward. The electorate would be voting on misinformation if an
election is held prior to the completion of the NEPA study.
Mayor Pinkham stated traffic congestion has been a growing issue since the
1970s and has been studied and reviewed by a number of past traffic studies.
The Town has been discussing the one-way couplet as a possible solution to
Board of Trustees — August 11, 2015 — Page 3
the downtown traffic congestion since 2013; has heard from business owner
and property owners on how the loop project may negatively impact their
businesses and property values; the NEPA process has not been completed
and going to a vote at this time would compromise the decision of the Board at
their April 15, 2015 meeting; it would be irresponsible of the Board to delegate
the decision to the voters before the NEPA study has been evaluated; sending
the decision to a vote would be poor governance and set a precedence; the
Board is responsible to make decision for the health, welfare and safety of the
community based on reviewing all the data and making an informed decision;
and Downtown Estes Loop would be the first step in addressing major
congestion issues and aid in building a more robust economy.
Trustee Phipps commented the Town Board has not made it a regular practice
to refer measures to the voters and should be exercised when the community
has become split on an issue. He agreed the topic should not be subject to a
public vote until after the NEPA study has been completed. He requested the
issue be tabled for two weeks to receive additional information on the third
option.
Trustee Nelson stated the Board must decide on whether or not the Town has
representative government. The timeline for the process is nebulous and the
Board should wait until the NEPA study has been completed before making
further decisions.
Trustee Ericson commented he takes the responsibility as a Trustee seriously.
He stated the Board needs to get the facts in order to make an informed
decision.
Trustee Holcomb stated a public vote on the loop would not be in the best
interest of the community. He reiterated the need to complete the NEPA study;
to allow the Board to govern the Town for which they were elected; stated
concern of setting precedence; a vote would abdicate the decision to the
electorate; the Board makes a fully informed decision based on all the
information presented; and not completing the NEPA process would be
irresponsible.
Mayor Pro Tem Koenig commended the Board for bringing the issue of a vote
forward for discussion. The Board should move forward with the process to
gather additional information and investigate the third option further.
Trustee Norris commented the NEPA process has provided the Town with
important information and when complete it would provide details on safety
issues for the public including traffic management, pedestrian and bicycle
safety, potential for reducing the size of the floodplain, ability to provide better
and faster emergency services. Additional time would aid in the understanding
of the technical issues that need to be overcome to implement the project and
the effect the issues have on the overall project cost and feasibility. There
could be other solutions that may provide the Town with a better project. The
only prudent course would be to get the information needed to make a fully
informed decision.
It was moved and seconded (Norris/Koenig) to complete the NEPA process,
understand all the facts and the implications, and make a decision on
behalf of the community, and it passed with Trustee Phipps voting "No".
2. INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE TOWN OF
ESTES PARK AND LARIMER COUNTY ELECTIONS OFFICE FOR THE 2015
COORDINATED ELECTION — DOWNTOWN ESTES LOOP. No action was
taken as the Board did set an election for the Loop.
3. REPORTS AND DISCUSSION ITEMS:
Board of Trustees — August 11, 2015 — Page 4
1. REVIEW DRAFT ORDINANCE TO ADD MUNICIPAL CODE CHAPTER 7.20
WILDLIFE PROTECTION. Public Information Officer Rusch provided a brief
history on how the proposed wildlife protection ordinance was developed. In
June a menu of options were presented to the Board which included
recommendations from Police Chief Kufeld and supported by the Bear
Education Task Force. Chief Kufeld stated the ordinance would require
residential trash to be stored in a typical hard -sided trash container with a
secured lid and placed outside on pick up day between the hours of 6:00 a.m.
and 7:00 p.m. Bags could not be left curbside. Wildlife resistant containers
would need to be used by those placing trash outside of the defined
timeframes. Commercial businesses, including vacation homes and special
events, would be required to use wildlife resistant containers or enclosures. Oil
and grease would be stored in a wildlife resistant container. The Board of
County Commissioners recognizes that trash management is crucial in
reducing bear and wildlife conflicts and supports the Town's ordinance. The
county would review adoption of a similar ordinance for properties in the
unincorporated areas of the Estes Park planning area. The ordinance does not
include a fine schedule in order to provide latitude to the Officers to provide
warnings versus citations. A fine schedule would be developed for Municipal
Court use for those issued a citation.
Trustee comments were summarized: questioned if the bag services would
provide customers with the wildlife resistant containers; would there be
additional time required by the trash hauling services to remove the bags from
the containers; would there be relief for bird feeders on the upper levels of
homes, apartments, condominiums, etc.; should there be a requirement for
vacation home rentals to have enough containers to hold all the refuse;
concerned that a violation may incur additional violation days due to the use of
mail service and would suggest personal delivery of a citation; questioned if
vacation rental managers are being held responsible for trash issues; and
concerned the issue is addressed and consistent with the updated vacation
regulations being proposed.
Waste Management has waived the fee to switch to a new wildlife resistant
container; however, there would be a small monthly fee for the new container.
A wildlife resistant container would not be necessary for those placing trash out
during the defined timeframes. The hauling companies support the use of
trash containers and Doering Disposal encourages the use.
Johanna Darden/Town citizen stated the issue continues to be a large concern.
She asserted homeowners should be required to obtain a wildlife resistant
container because latching containers are not enough. The ordinance should
be stronger and should not allow bird feeders.
Lindsay Lamson/County citizen requested the Board allocate funds for
additional trash containers for the downtown area. He stated commercial
dumpsters provided by Waste Management have been effective in addressing
the bear issue in commercial areas. He stated concern that citizens who do
not like neighboring vacation rentals may use the ordinance to file additional
complaints through the Police department.
Anne Schonlau/Bear Task Force Member expressed her support for the
ordinance as presented.
Michael Whitley/Larimer County Planner stated the County Commissioners
have reviewed the draft ordinance and appreciate the Town Board taking the
initiative to address the issue. If passed by the Town Board the County would
take the initiative to initiate a public process to adopt the same or similar
ordinance within the unincorporated areas of the Estes Valley.
Joel Holtman/Town citizen urged the Board to adopt the ordinance.
Board of Trustees — August 11, 2015 — Page 5
Chief Kufeld stated the ordinance would be refined and brought back to the
Board for consideration at a meeting in September.
Whereupon Mayor Pinkham adjourned the meeting at 9
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J kie Williamson, Town Clerk