HomeMy WebLinkAboutMINUTES Town Board 2023-11-14Town of Estes Park, Larimer County, Colorado, November 14, 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 14th day of November, 2023.
P resent:
Also Present:
Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tenn
Trustees Kirby Hazelton
Frank Lancaster
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Travis Machalek, Town Administrator
Jason Damweber, Deputy 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 (Cenac/MacAlpine) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: The Estes Valley Watershed
Coalition hosted a public meeting on slash burning. The Visit Estes Park met and
discussed the upcoming tree lighting ceremony, fall visitor survey, and the 4.1 °t° decrease
in lodging tax The Veteran's Day Ceremony was held with recognition of veterans in the
community. The Board discussed options of a temporary Property Tax Credit to mitigate
potential increases in property tax due to the failure of Proposition HH. Sister Cities Board
met and elected new officers. The Annual Dia de Los Muertos celebration was held with
large community participation. The National Philanthropy Day celebration recognized 33
individuals and non-profit organizations in the community. The Estes Park Board of
Adjustment approved an occupancy waiver. The Police Auxiliary would hold an
ambulance training. The Restorative Justice Annual Fundraising Dinner would be held
with meals provided by Mama Rose's. The Estes Park Economic Development
Corporation would meet to discuss the corporation's future. The October Trustee Talk
focused discuss on workforce housing, land use, Sanitation District, and Bond Park. The
November Trustee Talk would focus on the budget process and Downtown Estes Loop
construction. Mayor Koenig announced she would not run for reelection in April 2024.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek thanked staff for their response to the power outage on
October 29, 2023. Staff would continue to work on improvements with the Western Area
Power Administration to maintain reliable power to the Estes Valley.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated October 24, 2023 and Town Board Study Session
Minutes dated October 24, 2023.
3. Estes Park Board of Adjustment Minutes dated October 3, 2023 (acknowledgment
only).
Board ofTrustees — November 14.2023—Page 2
4. Transportation Advisory Board Minutes dated September 20. 2023
(acknowledgment only).
5. Rnan|udun 97'23 Intergovernmental Agreement with the Colorado Department of
Transportation for Fiscal Year 2O24 Federal Transit Administration 5311 Rural
Area Formula Funds toSupport Estes Transit CD0TP{}4Q100338U.
S. Reappointment of Rich Chiappe to the Local Marketing District Board of Directors
for aterm expiring December 31.2027.
It was moved and seconded (HazeltonNounglund) to approve the Consent Agenda,
and it passed unanimously.
LIQUOR ITEMS:
1 RESOLUTION SO-23TRANSFER OFALODGING & ENTERTAINMENT LIQUOR
LICENSE FROM ESTE8PARK CATERING LLCDBAJUBILATIONS CATERING
TO JOGAN INC, LLC O84 JUBILATIONS CATER|NG, 215 V|RG|NLA DRIVE,
ESTESPARK, C']OO517.Mayor Koenig opened the public hearing and Town Clerk
Williamson presented Resolution 08-23. She reviewed the application for the
transfer ofownership, stating all paperwork and faau had been submitted and e
temporary permit was issued October 13, 2023, which authorizes the Transferee to
continue the sale ofalcohol while the transfer application was pending. The applicant
was aware of the Training for Intervention Procedures (TIPS) requirement. Mayor
Koenig closed the public hearing and it was moved and seconded
(yNooA|pineyynung|und) to approve Resolution 98'23. and it passed unanimously.
PLANNING COMMISSION ITEMS. Items reviewed byPlanning Commission orstaff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE 08'23 REZON|NG, RAVEN SUBDIVISION ZONING MAP
AMENDMENT, RAVEN AVENUE TBD,HABITAT FOR HUMANITY OFTHE
8T.VRA|NVALLEY, INC., OWNER/APPLICANT. Mayor Koenig opened the
public hearing and Planner Washam presented Ordinance 09-23 to rezone 0.82
undeveloped acres of Lot 2AVVard Minor Subdivision from RM Multi -Family
Residential to R'1 Single -Family Residential. /\ minor subdivision of the
property was approved in January 2021 in anticipation of further subdivisions and
to enable Habitat for Humanity to develop single-family residences on five
proposed lots with a minimum lot aba of5.00O feet. She highlighted the Estes
Park Planning Commission's review and recommendation of the rezoning
upp|ivation, criteria for rezoning, uhansdahetion of the subdivision and |oto, and
staff findings. Dave Emoson, Executive Director of Et Wain Habitat for
Humanity, provided background on the organization, their elgibility requirements
for hnuaing, and the property. The Board discussed the difference between
detached and attached single-family homeo, the minimum lot size for attached
single-family homes, variance options and |imitadunn, and maintaining natural
landscaping ofthe area.
John Guffey/Town citizen spoke regarding the natural grass and maintenace of
the open space area included in the rezoning. Scott Moulton/Estes Park Housing
Authority Director spoke in support of the rezoning citing the Housing Needs
Assessment.
[Nuyo/ Koenig closed the public hearing and it was moved and seconded
(Young|und/MonA|pine) to approve Ordinance 08-23, and it passed
unanimously.
ACTION ITEMS:
1. PUBLIC HEARING —2O24BUDGET. Mayor Koenig reopened the public hearing
from Octobar24. 2023. Manager Hudson presented the 2024 budget of$87.0
million. The budget outlines the Highway User Trust Fund revenues received from
Board of Trustees — November 14, 2023 — Page 3
the State of Colorado estimated at $285,504 would offset the operational costs of
the Streets division of Public Works. Resolution 99-23 would set the mill levy for
2024 at 1.822 mills for a total of approximately $445,000 in property tax revenues.
Resolution 100-23 would adopt the 2024 budget as presented. Resolution 101-23
would appropriate sums of money to be expended as outlined in the proposed
budget. The 2024-2028 Capital Improvement Plan would provide guidance to the
Board, staff, and citizens on upcoming projects and funding needs.
Bill Brown/Town citizen spoke regarding Resolution 99-23 and the components of
property tax. He requested a reduction to the mill levy to support the needed
funding from property tax of approximately $445,000.
The Board discussed reassessing the $65,000 earmarked for economic
development funding following discussions on base funding entities. They directed
staff to provide more information on the mill levy adjustment depending the results
of the State Legislature review of property tax. Mayor Koenig closed the public
hearing and it was moved and seconded (Hazelton/Younglund) to approve the
Highway User's Trust Fund for expenditures for striping, snow plowing,
traffic signs, street lights, and other related road and street costs as
proposed for 2024, and it passed unanimously.
It was moved and seconded (Lancaster/MacAlpine) to table Resolution 99-23
to December 12, 2023, and it passed unanimously.
It was moved and seconded (Lancaster/Cenac) to approve Resolutions 100-
23 and 101-23, and it passed unanimously.
It was moved and seconded (Cenac/Younglund) to approve the Capital
Improvements Plan for 2024-2028, and it passed unanimously.
2. 2024 STRATEGIC PLAN ADOPTION. Town Administrator Machalek presented
the 2024 Strategic Plan and highlighted the Strategic Planning Sessions held
March 8, 2023 and April 5, 2023, adoption of the 2024 Provisional Strategic Plan
on May 23, 2023, and suggested edits since the provisional plan was adopted.
Edits included: Amending Infrastructure Objective 4.D.1, Public Safety, Health,
and Environment Goal 2.D and Objectives 1.A.1, and 7.A.1. Adding Outstanding
Community Services Objective 2.A.1, Public Safety, Health, and Environment
Objectives 1.F.1, and 6.A.1., and eliminating Transportation Objective 4.A.1 and
7.A.1. The Board discussed the removal of an Environmental Sustainability
Manager position as a part of Public Safety, Health, and Environment Objective
1.A.1, budgetary needs or amendments to support the position, collaboration with
other entities including Visit Estes Park's Sustainability Manager, the
Environmental Sustainability Task Force recommendations, staffs current efforts
to implement the recommendations, and maintaining the current trajectory.
John Guffey/Town citizen spoke regarding the importance of environmental
restoration stating sustainability was no longer sufficient. He elaborated that Estes
Park should be a leader in the restoration of the environment considering the
proximity of Rocky Mountain National Park. Nick Thomas/County citizen stated
the League of Women Voter's would be hosting a meeting on Estes Sustainability
at the Legion.
It was moved and seconded (Cenac/Younglund) to approve the 2024 Strategic
Plan with the addition of an objective to explore collaboration on
sustainability management with partner entities and evaluate sustainability
actions the Town Board wants to accomplish, and it passed with Trustee
MacAlpine voting "No".
3. ORDINANCE 10-23 TEMPORARILY SUSPENDING TIME LIMITATIONS AND
WAIVING APPLICATION FEES FOR SUPPLEMENTAL TEMPORARY SIGNS
FOR PROPERTIES DIRECTLY IMPACTED BY CONSTRUCTION OF THE
DOWNTOWN ESTES LOOP. Mayor Koenig opened the public hearing and
Planner Hornbeck presented Ordinance 10-23 to waive application fees for
Board of Trustees — November 14, 2023 — Page 4
temporary signs for businesses impacted by the construction. He provided
background on the Downtown Estes Loop, supplemental temporary signs, limits
on these types of signs as noted in the Estes Park Development Code, and the
affected businesses.
John Guffey/Town citizen requested clarification on the temporary suspension
timeframe.
The Board discussed the number of temporary signs a business can have during
the temporary suspension and supporting businesses affected by the construction.
Mayor Koenig closed the public hearing and it was moved and seconded
(Martchink/Cenac) to approve Ordinance 10-23, and it passed unanimously.
4. RESOLUTION 102-23 6E FUNDING EXPENDITURE FOR A CHILDCARE
FUNDING AGREEMENT WITH THE BOYS AND GIRLS CLUB OF LARIMER
COUNTY. Manager Bangs presented Resolution 102-23 for a 6E Funding
expenditure and agreement with the Boys and Girls Club of Larimer County to
support out -of -school programming as outlined in the 2023 Childcare Funding
Plan. She highlighted the club's current operations, strategic plan, intended uses
of the funds, and the expenditure's financial impacts. The Board discussed the
Behavioral Health position with the Boys and Girls Club, increased participants and
staffing during the summer, collaboration with the School District, funding Estes
Park specific staff, eligibility for future funds, increased capacity, demographics of
participants, and expansion of the program. It was moved and seconded
(Younglund/MacAlpine) to approve Resolution 102-23, and it passed
unanimously.
5. ORDINANCE 11-23 AMENDING CHAPTER 5.20 OF THE ESTES PARK
MUNICIPAL CODE REGARDING BED AND BREAKFAST INN PROPERTIES.
Mayor Koenig opened the public hearing and Town Clerk Williamson presented
Ordinance 11-23 to amend the Municipal Code regarding Bed and Breakfast (B&B)
Inns. She highlighted the previous study session discussions and the Board's
direction on the need to clarify the use for staff, owners, and neighbors on key
components including meal service, kitchen facilities, and innkeeper residency,
and clearly outlining the operation to differentiate the use from vacation homes.
The proposed amendments would provide current operations a year to come into
compliance. She noted public comment was received related to the incorporation
of the innkeeper within the dwelling, the requirement of a meal, and grandfathering.
Jim Docter/Town citizen, South Cox/Town citizen, Jeff Robbins/Town citizen,
Nathan Welton/County citizen, Dan Ludlum/County citizen, Matt Lovas/Town
citizen, Mike Kingswood/Town citizen, Nick Thomas/County citizen, Elizabeth
Coffin/Town citizen spoke against the Ordinance citing oversight of local
government, the need to reduce regulations, the financial impacts of operating a
B&B, amenities provided by B&Bs, the requirement to provide a meal, need for a
third short-term rental classification, alignment with Larimer County's
requirements, the proposed regulation to allow guest access to the kitchen,
circumvention of the vacation home cap, home values in Estes Park, providing a
mechanism for working families to afford to live in Estes Park, transferability of
short-term rental licenses, and the inability to continue operation should the
regulations change.
It was moved and seconded (MacAlpine/Hazelton) to extend the meeting past 10:00
p.m., and it passed unanimously.
The Board discussion was heard and summarized: questioned if Larimer County
health and safety requirements would be required for food storage and
preparation; clarification on the requirement to have an innkeeper on premises at
all times; commented on the operation of a commercial business in a residential
zoning district and expanding that use; questioned the need for the proposed
regulation to require guest access to the kitchen facilities within the B&B; stated
current licensees could provide long-term rentals to the community; the need to
Board ofTrustees — November 14`2033—Page 5
discuss the creation nfethird short-term rental classification: circumvention ofthe
vacation home oap, the need to amend the meal requirement for properties
operating aoa B&B; the possibility ofgrandfathoring current operations; and the
need to bring forward a second moratorium on new B&B applications to allow for
further discussion on B&B regulations. Mayor Koenig closed the public hearing and
kwas moved and seconded (Young |und/Cenao)totable Ordinance 11'23and
extend the current moratorium. Novote occurred onthe motion ana substitute
motion was passed.
A substitute motion was moved and seconded (Conan/Koenig) to table
Ordinance 11-23 to allow further conversation at future Study Session
pending the ordinance and thereby suspending the submittal ofnew Bed &
Breakfast applications, and bring forward an Ordinance for a 6-month
temporary moratorium bothe November 2O.2O23Town Board Meeting, and it
passed unanimously.
Mayor Koenig called a 10-minute break at 10:45 p.m. and reconvened at 10:53 p.m.
6. RESOLUTION 103-23 LEASE AGREEMENT WITH LTD PROPERTIES LLC
FOR TRANSITIONAL EMPLOYEE HOUSING Town Administrator Maoha|ekand
Director Williamson presented Resolution 103-23 for a lease agreement with LTD
Properties LLC to lease a two -bedroom apartment for two years for housing new
employees on a transitional basis. It was moved and seconded
(Cenac/MacAlpine) to approve Resolution 103-23, and it passed unanimously.
7. RESOLUTION 104-23 AMENDED INTERGOVERNMENTAL AGREEMENT
(|GA) FOR SOLID WASTE PROGRAMMING AND INFRASTRUCTURE
IMPROVEMENTS. Town Administrator Machalek presented Resolution 104-23 to
amend the |GAfor Solid Waste Programming and Infrastructure Improvements.
The amendment would put the |GA into abeyance. He highlighted inauay the
County has faced with the program and the potential of a future |GA for Solid
Waste. It was moved and seconded (N1artohink8Young|und) to approve
Resolution 1U4'23,and itpassed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. 1% SALES TAX RENEWAL PACKAGE. Town Administrator [Nuuha|ekprovided
a review of the updated 1 % Sales Tax Renewal package consisting of 46% toward
Staet Maintenance, 28% for Stonnvvater Infrastructure Expansion. 12.596 Trail
Expansion and Reconstruction, 9Y6 Wildfire Mitigation, and 4.5% Power|ine
VW|dfino Mitigation. At the request ofthe Board, staff met with the Estes Valley Fire
Protection District (EVFPO) and the Executive Leadership Team to evaluate
needs. Staff requested Board direction on the proposed package and allowing the
996 Wildfire Mitigation allocation to be a pass -through to the EVFPD. EVFPD
Division Chief Landkamer provided further information on the District's intended
use of Sales Tax Renewal funds including staffing, equipment, and projects. The
Board discussed the main locations the EVFPO intends to focus on and their
funding plans after the 1 0-year Sales Tax Renewal period. The Board directed staff
to continue work on the proposed 1% Sales Tax Renewal package and for the
Wildfire Mitigation allocation tobeapauo-through.
Whereupon Mayor Koenig adjourned the meeting at11:15p.m.
Kimberly inySocnatary