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Home My WebLink AboutMINUTES Town Board 2022-09-27Town of Estes Park, Larimer County, Colorado, September 27, 2022 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 27th day of September, 2022. Present: Also Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None Mayor Koenig 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 (Webermeier/Hazelton) to approve the Agenda with the addition of Action Item 5, and it passed unanimously. PUBLIC COMMENTS. Chris Pawson/Town citizen spoke regarding speed and traffic concerns along Peak View Drive. A number of accidents and potential accidents have occurred on the street recently and he requested the Town review the speed limits in the area specifically in regards to wildlife and pedestrians. John Meissner/Town citizen spoke regarding the 149th anniversary of Isabelle Bird's summit of Long's Peak and stated an event would be held September 28, 2023 to mark the 150th anniversary of the summit. Greg Rosener/Town citizen spoke regarding the Estes Valley Short Term Rental Alliance and the Town Board's and Commissioner Shadduck-McNally's support of workforce housing and childcare. He urged citizens to vote in favor of the November 2022 Ballot Issue 6E. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The Estes Park Planning Commission met and approved the rezoning of the Fish Hatchery property, a conditional use permit of an accessory dwelling unit for long-term housing, and the Twin Owls Motor Lodge development plan with the condition of adding adequate off-street parking. The Women's Monument has been updated to include statues of Jean Weaver and Wendy Koenig, and the stepping stones would be reviewed for accessibility compliance. Rocky Mountain Facelift volunteer work was performed to improve the Thumb Open Space and YMCA accessibility. The Police Auxiliary would begin performing regular random patrols of Estes Park schools, the Community Center, and sports fields beginning October 2022. Family Advisory Board held a special meeting to develop family listening session which would be conducted in Fall 2022. The Estes Valley Restorative Justice Partnership met and received a report on the 2022 golf tournament fundraiser and October as Conflict Resolution Month. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek presented his policy governance report for policy 3.8 and reported full compliance. Board of Trustees — September 27, 2022 — Page 2 CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated September 13, 2022, Town Board Study Session Minutes dated September 13, 2022, and Special Joint Study Session Minutes dated September 19, 2022. 3. Comprehensive Plan Advisory Committee Minutes dated July 28, 2022 (acknowledgment only). 4. Estes Park Board of Adjustment Minutes dated July 12, 2022 (acknowledgment only). 5. Estes Park Planning Commission Minutes dated June 21, 2022 (acknowledgment only). 6. Family Advisory Board Minutes dated August 4, 2022 (acknowledgement only). 7. Resolution 76-22 Contracts for Water System Infrastructure Upgrades with Multiple Consultants. 8. Resolution 77-22 Covenant and Grant Award for Birch Ruins Preservation Phase II with State of Colorado. 9. Letter of Support for two Grant Applications to Colorado Department of Transportation 2023 Capital, Planning, Administrative, Operating, and Mobility Management Transit Projects. 10. Letters of Support for Grant Applications to Colorado Department of Transportation and Colorado Parks and Wildlife for Fall River Trail Construction. 11. Resolution 78-22 An Intergovernmental Agreement with the Estes Park Local Marketing District regarding November 2022 Election Costs. 12. Reappointment of Lynn Lawson to the Estes Valley Public Library District Board of Trustees for a four-year term beginning January 1, 2023 and expiring December 31, 2026. 13.Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Martchink/Younglund) to approve the Consent Agenda, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ESTES PARK HOUSING AUTHORITY BOARD OF COMMISSIONERS EXPANSION. Town Administrator Machalek presented a request by the Estes Park Housing Authority (EPHA) to expand their Board of Commissioners from five to "up to seven" members. He highlighted the history of the EPHA, increased diversity of housing stakeholders, and a perceived gap in representation on the Board of Commissioners. Board Chair Blackhurst stated the intention of this request would be to add members of younger generations to participate as Commissioners. The Board discussed age limits of the positions, shortening terms of the commissioners, the application and interview process and statutory requirements of posting the positions, and demographics and staggard terms of the new positions. The Board directed staff to bring forward an Ordinance adjusting the membership requirements for Board consideration. LIQUOR ITEMS: 1. RESOLUTION 79-22 NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR DELLA TERRA LLC DBA DELLA TERRA EVENTS, 3501 FALL RIVER DRIVE, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Deputy Town Clerk Beers presented Resolution 79-22. She provided history on the current Liquor License held by Della Terra Mountain Chateau and stated they were issued a Tavern License in 2009. In 2016 the State established the Lodging and Entertainment Liquor License, which Della Terra Mountain Chateau was not eligible for. They were allowed to continue operation under the Tavern Board of Trustees — September 27, 2022 — Page 3 License type, noting they would not be able to transfer the license should the business sell. With this Lodging and Entertainment Liquor License application, and the subsequent Hotel and Restaurant Liquor License application for review with Resolution 80-22, Della Terra Mountain Chateau would separate the licensed premises and license them separately under the appropriate license type. Deputy Town Clerk Beers reviewed the application for the new Lodging and Entertainment Liquor License, stating all paperwork and fees have been submitted, and the application has undergone concurrent review. The applicant had completed the Training for Intervention Procedures requirement and was available for questions. The Board requested clarification on separating the proposed licensed premises. Mayor Koenig closed the public hearing and it was moved and seconded (Webermeier/Younglund) to approve Resolution 79-22 for a new Lodging and Entertainment Liquor License for Della Terra LLC dba Della Terra Events, 3501 Fall River Drive, and it passed unanimously. 2. RESOLUTION 80-22 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR DELLA TERRA LLC DBA DELLA TERRA MOUNTAIN CHATEAU, 3501 FALL RIVER DRIVE, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Deputy Town Clerk Beers presented Resolution 80- 22. She provided history on the current Liquor License held by Della Terra, as stated with Resolution 79-22, and reviewed the application for the new Hotel and Restaurant Liquor License, stating all paperwork and fees have been submitted, and the application has undergone concurrent review. The applicant had completed the Training for Intervention Procedures requirement and was available for questions. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/Hazelton) to approve Resolution 80-22 for a new Hotel and Restaurant Liquor License for Della Terra LLC dba Della Terra Mountain Chateau, 3501 Fall River Drive, and it passed unanimously. ACTION ITEMS: 1. ORDINANCE 16-22 AMENDING THE ESTES PARK MUNICIPAL AND DEVELOPMENT CODES REGARDING VIRTUAL MEETINGS. Mayor Koenig opened the public hearing and Town Administrator Machalek presented Ordinance 16-22 which would provide the Town Board the ability to meet virtually in case of a qualifying event. He highlighted the local disaster emergency issued March 19, 2020 in response to COVID-19, issues related to continuing the declared emergency primarily to allow for virtual meetings, COVID-19 cases in 2022, proposed qualifying events such as a current declared disaster, emergency affecting the Town, or a period of elevated threat to public health due to COVID-19, and his intention to rescind the emergency declaration should the Ordinance pass. The Board discussed the authority to declare a local disaster emergency, the authority of the Mayor to call for a virtual meeting, hybrid Town Board meetings, and what constitutes a local disaster emergency. Mayor Koenig closed the public hearing and it was moved and seconded (Martchink/Webermeier) to approve Ordinance 16-22, and it passed unanimously. 2. APPROVE FRAMEWORK FOR EXPENDITURE OF POTENTIAL LODGING TAX REVENUES. Assistant Town Administrator Damweber presented the Framework for Expenditure of Potential Lodging Tax Revenues. He highlighted the previous presentation to the Town Board at the Study Session held September 13, 2022, House Bill 22-1117, the Lodging Tax Exploration Task Force, and Town responsibilities agreed upon by the Larimer County Board of Commissioners and Town Board. It was moved and seconded (Webermeier/Hazelton) to approve the Proposed Framework for Expenditures of Local Marketing District Funds for Workforce Housing and Childcare, and it passed unanimously. 3. INTERVIEW COMMITTEE FOR THE FAMILY ADVISORY BOARD. It was moved and seconded (Martchink/Webermeier) to appoint Trustees Hazelton and Younglund to the Family Advisory Board Interview Committee, and it passed unanimously. Board of Trustees — September 27, 2022 — Page 4 4. INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION. It was moved and seconded (Cenac/Webermeier) to appoint Mayor Koenig and Trustee MacAlpine to the Estes Park Planning Commission Interview Committee, and it passed unanimously. 5. APPROVING A LETTER OF INTENT TO MEET CONDITIONS AND A REQUEST FOR OBLIGATION OF FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR GRANT FUNDING AND LOAN FINANCING TO SUPPORT THE RECONSTRUCTION OF THE FORMER PROSPECT MOUNTAIN WATER DISTRIBUTION SYSTEM OF THE FORMER PROSPECT MOUNTAIN WATER COMPANY. Manager Wesley presented the Letter of Intent and Request for Funds from the USDA for grant funding and loan financing. She stated additional items for this project would be brought to the Town Board at a special meeting on Thursday, September 29, 2022. She provided history on the project, the USDA provided grant, procedure for approval on the project, and the timeframe issues in bringing this item forward and the special meeting. The Board discussed the benefits to the Town, fund matching obligations, loan financing for the project, financial impacts if the grant was not approved by the USDA, and staff efforts on the project. It was moved and seconded (Hazelton/MacAlpine) to approve the Letter of Intent to Meet Conditions and a Request for Obligation of Funds from the United States Department of Agriculture for Grant Funding and Loan Financing to support the Reconstruction of the Former Prospect Mountain Water Distribution System of the Former Prospect Mountain Water Company, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 8:21 p.m. Wendy Koayor Kimberly Disney, Recording Secretary