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Home My WebLink AboutMINUTES Town Board 2023-03-28Town of Estes Park, Larimer County, Colorado, March 28, 2023 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 28th day of March, 2023. Present: Also Present: Wendy Koenig, Mayor Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Cindy Younglund Vacancy Travis Machalek, Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: Trustee Patrick Martchink and Deputy Town Administrator Jason Damweber Mayor Koenig called the meeting to order at 5:40 p.m. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Cenac/MacAlpine) to enter into executive session for discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees — Town Administrator and Town Attorney Annual Evaluation, and it passed unanimously. The Board entered into executive session at 5:40 p.m. and concluded the executive session at 7:10 p.m. Mayor Koenig reconvened the regular meeting at 7:15 p.m. and all desiring to do so, recited the Pledge of Allegiance. A moment of silence was held in memory of Mayor Pro Tem Webermeier. AGENDA APPROVAL. It was moved and seconded (Cenac/MacAlpine) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The League of Women Voters received an annual update from Rocky Mountain National Park Superintendent Sidles. Interviews were conducted for the Estes Park Board of Adjustment vacancy. The Planning Commission met and received updates from the Community Planning for Wildfires and Ayres Associates on medium density housing. A Joint Study Session with the Larimer County Commissioners was held to discuss the Stormwater Utility. The Police Department held their annual recognition banquet to recognize the efforts of staff. The Rooftop Rodeo would be held July 5, 2023 through July 10, 2023 and tickets go on sale April 1, 2023. The Trustee Talk was held and had high attendance with discussions on construction and the Stormwater Utility. The Regional Air Quality Council met with Town staff and discussed utilizing electric equipment for different Town departments. The Restorative Justice Partnership held their annual meeting and installed a new Executive Committee, approved the 2023 Budget, and began planning the 20th anniversary of Board of Trustees — March 28, 2023 — Page 2 Restorative Justice. Frozen Dead Guy days was a successful inaugural event for the Town. Each Town Board member spoke in recognition of Mayor Pro Tem Webermeier. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek provided an update on current construction projects and stated the roundabout at Highway 36 and Community Drive was scheduled to be completed in June, the watermain replacement on Elkhorn Avenue was scheduled to be completed in April depending on weather, and the Downtown Estes Loop construction has begun at Moraine Avenue and Crags Drive. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated March 14, 2023, Town Board Study Session Minutes dated March 14, 2023, and Town Board Strategic Planning Session Minutes dated March 8, 2023. 3. Resolution 29-23 Participation in Additional Statewide Opioid Settlements. 4. Change Order for a Contract Extension for the 2023 Chip & Crack Seal Program with Vance Brothers, Inc. for $269,108 — Budgeted. 5. Resolution 30-23 Setting the Public Hearing for a New Hotel and Restaurant Liquor License Application for Mountain Home Cafe Inc., dba Mountain Home Cafe, 457 E. Wonderview Avenue, Suite C-1, Estes Park, Colorado, for April 11, 2023. 6. Resolution 31-23 Setting the Public Hearing for a New Hotel and Restaurant with Optional Premise Liquor License Application for Estes Valley Recreation & Park District; Laura Emmer dba Mother's Cafe at the Hangar Restaurant, 1480 Golf Course Road, Units A-E, Estes Park, Colorado, for April 11, 2023. 7. Reappointment to the Estes Park Board of Adjustment of Jeff Moreau for a term expiring March 31, 2026. It was moved and seconded (Cenac/Hazelton) to approve the Consent Agenda, and it passed unanimously. LIQUOR ITEMS: 1. RESOLUTION 32-23 NEW BEER & WINE LIQUOR LICENSE APPLICATION FOR ASPEN & PINES LLC DBA SERENITEA'S TEA ROOM, 207 PARK LANE, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 32-23. She reviewed the application for the new Beer and Wine Liquor License, stating all paperwork and fees have been submitted and the application has undergone concurrent review. The applicant has completed the Training for Intervention Procedures (TIPS) requirement and was available for questions. Mayor Koenig closed the public hearing and it was moved and seconded (Hazelton/Younglund) to approve Resolution 32-23, and it passed unanimously. 2. RESOLUTION 33-23 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR KARMA VIBES LLC DBA KARMA VIBES, 1110 WOODSTOCK DRIVE, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 33-23. She reviewed the application for the new Hotel and Restaurant Liquor License, stating all paperwork and fees have been submitted and the applicant has completed the Training for Intervention Procedures (TIPS) requirement and would undergo additional training. The property was readdressed to 1110 Woodstock Drive #B and was being remodeled for the purpose of operating a restaurant in the back half of the building, which would cause a change in use from retail to restaurant. A certificate of occupancy would be required before the new business could begin operation, therefore, the serving and selling of liquor would be conditional on the Board ofTrustees — March 20.2023—Page 8 issuance of the certificate. The applicant was available for questions and provided background on the operation of the business. The Board discussed the separation of the two businesses located at the property. Mayor Koenig closed the public hearing and it was moved and seconded (&1ocA|pino/Young|und) to approve Resolution 33'23.and itpassed unanimously. ACTION ITEMS: l ORDINANCE 03-23 AMENDING CHAPTER 7.12 Of THE ESTES PARK MUNICIPAL CODE REGARDING ANIMALS CONSTITUTING A PUBLIC NUISANCE. Mayor Koenig opened the public hearing and Captain Pass presented Ordinance 03'23 to amend the Estes Park Municipal Code regarding public nuisance animals. Curent|y, the code prohibits the keeping of vicious animals and provides procedures for their destruction in certain circumstances but does not address animals which may be considered nuisances to the community (i.e., bites, attacka, abandonment, causing damage to property). The Board discussed the frequency of issues, the pnnooso of citations for nuisance or vicious anima|e, and animal behavior. Mayor Koenig closed the public hearing and it was moved and seconded (Haze|ton/Young|und) to approve Ordinance 03'23. and it passed unanimously. 2 RESOLUTION 34-23COMMUNITY DEVELOPMENT REVISED PLANNING FEE SCHEDULE. Director Gardner presented Resolution 34'23for a revised planning fee schedule in Community Development. The current fee schedule allows for standard and review deposit fees. The review deposit fees were to be collected as lump sums and were based on hours staff worked on the review, with refunds of any overages. She highlighted issues with the review deposit fees, inconsistencies in tracking hours of work and issuing rofundm, and contracting with Ayres Associates to revise the fee nohodu|e, which has in process. In the interim of revising the fee nuhodu|o, staff recommends removing the review deposit fee category and collecting o flat fee until the new fee schedule could be adopted by the Board. The Board discussed potential claims of non -refunded fees and reasons for inconsistencies with refunds. It was moved and seconded (Young |und/[WaoA|pino) to approve Resolution 34'23, and it passed unanimously. 3. RESOLUTION 35-23 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO THE 2023 BUDGET. Director Hudson presented Resolution 35'23 to approve budget appropriations for the rollover ofremaining 2022 purchase orders and uncompleted projects totaling $47.6 million. Town Administrator [Wooho|ek reiterated all projects were budgeted when approved. The Board discussed conservation funding and it was moved and seconded (Young I und/MacAlpine) to approve Resolution 35'23.and itpassed unanimously. Whereupon Mayor Koenig adjourned the meeting at8:2Qp.m. ' m Kimberly D�i=e'� Recording Secretary