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Home My WebLink AboutMINUTES Town Board 2023-07-11Town of Estes Park, Larimer County, Colorado, July 11, 2023 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Pmrk, Lar|m*r Counh/, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 1 1th day of July, 2023. Also Present: Wendy Koenig, Mayor Marie Cenao.Mayor Pro Tern Trustees Kirby HazaUon BarbaraMacA|pine PotriohK8adrhink CindyYoung|und Travis MachalekTown Administrator Jason [}8nlv/eber,Deputy Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Bunny Victoria Beers, Deputy Town Clerk Absent: Trustee Lancaster Mayor Koenig called the meeting to order od7:0O p.m. and all desiring to do so, recited the Pledge of Allegiance. SWEARING -IN CEREMONY FOR DEPUTY CHIEF JAME8HUGHE8AND CAPTAIN RICHARD LIFE. Police Chief Hayes conducted a swearing -in ceremony. AGENDA APPROVAL. It was moved and seconded (Ybung|und/MauNpine) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Terry Rustin/Town citizen stated concerns regarding the Estes Park Development Code and direction provided by staff regarding the rezoning of 685 Peak View. John Guffey/Town citizen spoke regarding our relationship with nature and read a section of the Haudenuaaunee Thanksgiving Address. He requested the Board formulate a plan so Estes can be seen as a leader inthe state, nation and world in addressing climate change related issues. Jenny Page/Town citizen, Mike Skofie|d/Owner of Scofield Fruits, LLC. and Coney CmopVConyyn Chocolate spoke regarding dha2O23 Farmers Market and concerns for pedestrian safety near vehicular traffic, odor from a nearby wastewater treatment facility, ineffective layout which causes customer confusion and requested relocation back to the west side of the Visitor Canter parking lot. Additional comments were heard regarding Rooftop Rodeo parade impacts to the Farmer's Market and gratitude for the accommodations made 0oexpand the duration ofthe market nnthe parade date. Laura Ruatin/Town citizen spoke regarding providing public comment tothe Board of Trustee's and quasi-judicial procedure. She requested staff review the yebnde and publish public comments provided onPlanning Commission items. Attorney Kramer reviewed state and federal law which requires quasi-judicial applications have an opportunity to present their arguments at a public hearing and for members of the community an opportunity to respond at the public hearing. He stated ex' arte communications would apply tooral orwritten communication. Tom KaazynakVCountycitizen spoke regarding housing, local workers who are unable to Board of Trustees — July 11, 2023 — Page 2 TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: Welcomed Sister Cities two new Board members Dave Thomas and Mike Harris bringing the membership to six. Joe Elkins resigned from the Estes Park Planning Commission. Staff would be scheduling interviews to fill the vacancy. The Rooftop Rodeo and Parade were well attended. Mayor Koenig and Trustees Hazelton and Younglund attended the Colorado Municipal League annual conference. Housing was a primary topic for sessions and Trustees were able to meet with other elected officials and staff across the state to build further connections. The Restorative Justice Golf for Justice Tournament would take place on July 28, 2023. The Economic Development Corporation would be forming a committee for the Business Accelerator Services of Estes (BASE) program. Trustee Martchink encouraged the Board and members of the public to follow public comment procedures and refrain from dialogue during public comment. The Regional Air Quality Committee have forwarded comments to the Environmental Protection Agency encouraging all yard work utilize electric equipment instead of two -stoke engines. The Town would continue to move toward electric equipment. Special thanks was relayed to the Parks division for their work on the flower displays and landscaping. TOWN ADMINISTRATOR REPORT. Town Administrator expressed gratitude for the Rooftop Rodeo staff and volunteers. He also commended the efforts of the Parks division on the flower displays and landscaping. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated June 13, 2023 and Study Session Minutes dated June 13, 2023. 3. Estes Park Planning Commission Minutes dated May 16, 2023 (acknowledgment only). 4. Transportation Advisory Board Minutes dated May 17, 2023 (acknowledgment only). 5. Revised Policy 306 Leave. It was moved and seconded (Cenac/Hazelton) to approve Consent Agenda, and it passed with unanimously. LIQUOR ITEMS: 1. RESOLUTION 58-23 TRANSFER OF OWNERSHIP FROM HARTS GAS AND FOOD LLC DBA TINY TOWN SINCLAIR TO PARKLAND USA CORPORATION, DBA HARTS GAS AND FOOD #80183, 860 MORAINE AVENUE, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 58-23. She reviewed the application for the transfer of ownership, stating all paperwork and fees have been submitted. A Retail Fermented Malt Beverage and Wine Off -Premise Liquor License already exists at the location. Due to restructuring of the organization and to be in compliance with the State Liquor Code, the official name of the corporation must appear on the license. No ownership changes were reflected in the application. John Guffey/Town citizen spoke regarding density and voiced concerns adding more liquor establishments in Estes Park. The applicant's representative Greg Cline stated the location includes the Donut Haus and Fresh Burger businesses and primarily sells local beer. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/MacAlpine) to approve Resolution 58-23, and it passed unanimously. PLANNING COMMISSION 1. ACTION ITEMS: A. RESOLUTION 59-23 4TH AMENDED CONDOMINIUM MAP FOR THE LAKEVIEW PLAZA CONDOMINIUMS, 751 NORTH LAKE AVENUE UNIT 3, GLENN A SMITH TRUST, OWNER. The Mayor opened the public hearing and Board ufTrustees — July 11,2O23—Page 3 Planner VVashum stated the property resides within the CO Commercial Outlying zone district and the existing uses are permitted in the Eahsa Park Development Code (EPDC). The building was constructed in 1097with eight units. The owner requests approval of the application to formally create two separate condo units with separate ownership. Staff stated no physical change to the atructure, utilities access or drainage would occur. The applicant was available and stated the tenant wanted to own their business space. The Mayor n|unod the public hearing. There being nofurther discussion the public hearing was closed. It was moved and seconded (HazeKon/Young|und) to approve Resolution S8'2%.and itpassed unanimously. B. RESOLUTION GU'23FOURTH SUPPLEMENTAL CONDOMINIUM MAP, THE K8EAOOVV8 AT WILDFIRE CONDOK8|N|UK8S, 1802 WILDFIRE QOAD, WILDFIRE HOMES LLC.APPLICANT. The Mayor opened the public hearing and Director Garner provided a presentation on the item. The subject property resides within the R/N — Multi -Family residential zone district and contains 5.19 ucnae. The fourth supplemental map would comply with the EPDCand nopublic comment had been received on the application. Staff recommended approval and requested Board consideration. The Mayor closed the public hearing. There being no further discussion the public hearing was closed. It was moved and seconded (Young |und/Haze|ton)toapprove Resolution 60'23. and it passed unanimously. ACTION ITEMS: 1. RESOLUTION G1-23SUPPLEMENTAL BUDGET APPROPRIATIONS #4TO THE2O22 BUDGET. Director Hudson presented Resolution O1'23toapprove budget appropriations for the Transportation Alternatives Program Grant in the amount of$2.3 million for the Fall River Trail project, the Gtato'o new bag fee program expenses, Police Department Auxiliary supplies from reimbursement revenues received through assistance provided during the Marshall Fire, funding for employee recognition and holiday ev*nto, the addition of seasonal Parks employee to perform noxious weed herbicide applications, and an increase to the budget for the rental of Town Hall for utility billing and the utility coordinator office space. The amendment would increase the budget by $508.000. It was moved and seconded (Heze|ton/yNaoA|pine) to approve Resolution 81'33, and it passed unanimously. 2 RENAMING REQUEST FOR PERFORMANCE PARK CLIMBING WALL TO "J|K8 DETTERUNE MEMORIAL CLIMBING WALL". Town Administrator &1onho|ekpresented the renaming request received onMay 24.2O23.Hereviewed criteria identified in Policy 208 Naming of Town -Owned Parks, Open Spaces, and Facilities. Staff stated under the policy, renaming Performance Park Climbing Wall to ''Jim Detter|ine Memorial Climbing VVa||^ would not impact or prohibit future considerations to install a memorial bench or plaque to honor Mr. Detterline. Staff requested Board direction to honor the memory of 0c De#edino. Lisa VonBargen/Applicant and Stan Adamson/ Estes Park Village Band member stated the renaming would be a great way to honor Mr. Detterline's climbing abilities and his participation with the Estes Park Village Band John Gufey/Town citizen questioned whether the Board considered the renaming as the best way to honor K8c Detter|ine. It was moved and seconded (NYurtchink/Cenad to approve the Renaming Request for Performance Park Climbing VVmU to "Jim Oettedinu Memorial Climbing VVoU^.and itpassed unanimously. I ESTE8VALLEY INVESTMENT IN CHILDHOOD SUCCESS (EV|CS) FAMILY RESOURCE CENTER APPLICATION FOR CHILDCARE FUNDS. Deputy Town Administrator Damwober presented the application from EV|CS which would provide $50.000 to be utilized toward direct financial assistance to families and $50.000 to supplement staffing cost to on*a0e o fuUtime "tuition oouiotunoe navigator' position. Staff recommended approval as the request aligns with the known need in the community. If appmved, staff would draft on agreement stipulating how the funds would be utilized and reporting requirements toensure Board of Trustees — July 11, 2023 — Page 4 compliance with Board expectations. Laurie Dale Marshall/EVICS Director and Garret Failaci/EVICS employee were available for questions. Board questions have been summarized: Whether EVICS has adequate space for the additional staff member; future plans for the position outside of the funding request; the Board requested a review of EVICS staffing; concerns were on the Town application and the need to review questions; the complexities of the Colorado Child Care Assistance Program and the limited application window for Larimer County childcare assistance, and whether EVICS or Town staff have discussed identifying a more accurate formula for where families fall within the federal poverty line for childcare assistance qualifications. Discussion ensued regarding Board concern for utilizing an existing staff member versus filling the new position. Staff stated through research and contact with other childcare providers this position would be essential and could benefit families in Estes Park. Jane Stuart/EVICS Board President stated the funding would be utilized for childcare and childcare services. She stated with Universal Preschool beginning in the Fall of 2023 there would be a number of children in need of afternoon care in addition to the loss of services with the closing of the Lifelong Learning Center of Estes Valley Preschool. If approved, the new position would address the needs of the community and collecting relevant data around childcare needs. Bill Brown/Town citizen voiced concern for process and encouraged the Board to develop a system for competitive analysis for competing needs, and to develop accountability measures and procedures. After further discussion, it was moved and seconded (Martchink/Cenac) to approve the EVICS Family Resource Center Application for Childcare Funds as requested, and it passed unanimously. 4. RESOLUTION 62-23 MEMORANDUM OF UNDERSTANDING THE ESTES PARK HOUSING AUTHORITY REGARDING USE OF REVENUES GENERATED FROM LODGING TAX LEVIED BY THE ESTES PARK LOCAL MARKETING DISTRICT FOR WORKFORCE HOUSING. At the May 23, 2023 regular meeting, the Board expressed interest in the Estes Park Housing Authority (EPHA) managing 6E funds related to workforce housing, with Town oversight. The memorandum of understanding outlined funding pass -through procedures and oversight elements including: governance of the funds under the annual funding plan between the Town and Larimer County; types of expenditures requiring Town Board review; Town attendance at EPHA Board meetings; sharing of EPHA financial documents; requirements for the EPHA to return funds to the Town in certain situations, at the Town's request; and process for resolving any ambiguous statements in guiding documents. Attorney Kramer stated the Board would not be limited in their discretion on funding. It was moved and seconded (Hazelton/Cenac) to approve Resolution 62-23, and it passed unanimously. It was moved and seconded (MacAlpine/Cenac) to extend the meeting past 10:00 p.m., and it passed unanimously. 5. INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION. Staff requested two members of the Board to conduct interviews for the vacancy on the Estes Park Planning Commission. Three applications have been received for the vacancy. Interviews would be conducted and a recommendation would be forthcoming in advance of the August Estes Park Planning Commission regular meeting. It was moved and seconded (Hazelton/Martchink) to appoint MacAlpine and Hazelton to the interview committee, and it passed unanimously. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (MacAlpine/Younglund) to enter into executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators — Section 24-6-402(4}(e), C.RS. — Fish Hatchery Negotiation Update, and it passed unanimously. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Younglund/Cenac) to enter into executive session for Board ufTrustees — July 11.2023—Page 5 discussion ofapersonnel matter 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 — Section 24'6'402(4}(f). C.R8. — Town Administrator Contract, and it passed unanimously. It was clarified the Town Board would not come into the regular session following the end of the first Executive Session and would re-enterthe regular session to adjourn the regular meeting otthe conclusion ofthe second executive session. The Mayor recessed the meeting at 10:00 p,m. The Board entered the first executive session at 10:10 p.m, and concluded at 11:03 p.m. The Board entered the second executive session at11:03p.m..and concluded at11:32p.m. Mayor Koenig reconvened the regular meeting et11:33p.m� Whereupon Mayor Koenig adjourned the meeting at 11:33 p.m. Victoria Bee , Deputy Town Clerk