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Home My WebLink AboutMINUTES Town Board 2023-12-12Town of Estes Park, Larimer County, Colorado, December 12, 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 12th day of December, 2023. Present: Also Present: Absent: Wendy Koenig, Mayor Marie Cenac, Mayor Pro Tern 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 None Mayor Koenig called the meeting to order at 5:30 p.m. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Younglund/MacAlpine) to enter into executive session for a conference with an attorney for the Board for the purpose of receiving legal advice on specific legal questions -Section 24-6-402(4}(b}, C.R.S. -Petitions for Initiated Ordinances Regarding Development Applications and Noise, and it passed unanimously. The Board entered into executive session at 5:32 p.m. and concluded the executive session at 6:57 p.m. Mayor Koenig reconvened the regular meeting at 7:10 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Hazelton/Cenac) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Bill Brown/Town citizen and Todd Jirsa/Town citizen spoke on the circulation of an initiated ordinance petition regarding noise, history of the current noise ordinance, and reasons for the petition including the number of complaints made, the number of citations issued for noise violations, and the need for objective sound measurements. John Meissner/Town citizen spoke regarding racial inequities of the Rocky Mountain region including Estes Park, racial and religious restrictive covenants, and he requested the Town Board hold the continued Study Session item regarding racial covenants at the first meeting of 2024. TRUSTEE COMMENTS. Board comments were heard and have been summarized: Visit Estes Park met and discussed upcoming Catch the Glow in the Park events and a grant they received in conjunction with Northern Colorado Tourism Partners to promote winter activities in Northern Colorado. The upcoming Trustee Talk would be hosted by Mayor Pro Tern Cenac and Trustee Younglund with topics including serving on the Board of Trustees. The Police Auxiliary met and delivered Blue Santa gifts to 104 individuals. The Estes Park Economic Development Corporation met with investors and discussed options of partnering with the Estes Chamber of Commerce for economic development. A Candidate Forum would be held January 2, 2024 in the Board Room. Platte River Power Authority Board of Trustees -December 12, 2023 -Page 2 would meet to discuss takeaways from the 2023 United Nations Climate Change Conference. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek requested, and it was determined to schedule Study Session discussions on the Noise Ordinance and Future Use of Town-Owned Property at Elm Road and Moraine Avenue for January 9, 2024, the Focus on Museum Collections Care for January 23, 2024, and CIRSA Liability and Risk as an Elected Official for May 14, 2024. It was also determined to add the discussions on Hosted Short-Term Rentals and Economic Development Funding and Policy 671 to Items Approved Unscheduled. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated November 28, 2023 and Town Board Study Session Minutes dated November 28, 2023. 3. Transportation Advisory Board Minutes dated October 18, 2023 (acknowledgment only). 4. Resolution 105-23 Professional Services Contract Extension with Ayres Associates for Planning Consulting Services. 5. Resolution 106-23 Renew Professional Services Contract Amendment Five with SAFEbuilt Colorado, LLC for 2024 Builiding Services. 6. Resolution 107-23 Officially Scheduling the Regular Municipal Election -April 2, 2024. 7. Resolution 108-23 Service Contract for High-Voltage Power Line Tree Trimming Services with Adam's Tree Service, First Year (2024) $376,396.80, Budgeted. 8. Request to Continue Resolution 99-23 Setting the Mill Levy for the 2024 Budget Year to January 9, 2024. It was moved and seconded (Younglund/Cenac) to approve the Consent Agenda with the removal of Consent Agenda Item 2 for further discussion, and it passed unanimously. It was moved and seconded (Martchink/MacAlpine) to approve Consent Agenda Item 2, and it passed with Mayor Pro Tern Cenac and Trustee Younglund abstaining. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ESTES PARK HEALTH UPDATE ON HOME HEALTH, HOSPICE, AND NON- MEDICAL HOME CARE. Estes Park Health Chairman Batey and CEO Carda presented an update on home health, hospice, and non-medical home care. They highlighted the number of providers in the community and the need for these services, decreased funding, the difference between these types of care, and urged patients to be proactive in connecting with care providers. The Board discussed how citizens can access care for these services, the number of providers located in Estes Park, reasons for outsourcing these services, and discussions on decreasing the Hospital District's mill levy. ACTION ITEMS: 1. ORDINANCE 13-23 AMENDING ESTES PARK MUNICIPAL CODE SECTION 2.20.010 COMPENSATION OF MAYOR, MAYOR PRO TEM, AND TRUSTEES. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Ordinance 13-23 to amend the compensation for newly elected officials in 2024 and codifying the process to determine future increases. She highlighted historical review and adjustments to Town Board compensation over the years and previous Study Session discussions on options. The ordinance would adjust compensation Board of Trustees -December 12, 2023 -Page 3 for Board positions as follows: Mayor $15,000, Mayor Pro Tern $12,800, and Trustees $11,100, and compensation adjustments would use the Consumer Price Index in future election cycles. The Board discussed whether this would be considered a conflict of interest if a current Board member ran for reelection, the importance of compensating members of the Board, and the increased appeal to run for election. John Meissner/Town citizen stated his appreciation of the discussion on conflicts of interest. Mayor Koenig closed the public hearing and it was moved and seconded (Hazelton/Cenac) to approve Ordinance 13-23, and it passed with Trustee MacAlpine abstaining. 2. RESOLUTION 109-23 SUPPLEMENTAL BUDGET APPROPRIATIONS #6 TO THE 2023 BUDGET. Director Creamean presented Resolution 109-23 to approve budget appropriations including: increased costs for a budgeted street sweeper, transfer to the Estes Valley Recreation and Parks District for the Community Center offset by an increase in sales tax revenue, volumetric and pricing changes for purchased power and bucket trucks, increased costs for a budgeted towable air compressor, and increased medical claims for 2023. The Board discussed the Power and Communication Fund increase and it was moved and seconded (Hazelton/Younglund) to approve Resolution 109-23, and it passed with Trustee MacAlpine abstaining. 3. ORDINANCE 14-23 AMENDING CHAPTER 10.06 OF THE ESTES PARK MUNICIPAL CODE ON PAID PARKING. Mayor Koenig opened the public hearing and Supervisor Klein presented Ordinance 14-23 to amend the date by which the Parking Manager shall propose parking rates for the following season from December 15th to March 15 th of each subsequent year. He highlighted the paid parking season extending into October, increased usage towards the end of the season, and staff's need for more time to review efficacy and data prior to presenting a recommendation to the Town Board. Christy Crosser/Pinewood Springs citizen spoke regarding her service as a Parking Ambassador for the 2023 Season and stated her concerns with pedestrian traffic especially in construction zones. Town Attorney Kramer made a point of clarification regarding the stricken material referenced in the ordinance, which was inadvertently removed, and stated this would be corrected in the final version of the Ordinance. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/MacAlpine) to approve Ordinance 14-23, and it passed unanimously. 4. RESOLUTION 110-23 6E FUNDING FOR A CHILDCARE FUNDING AGREEMENT WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT. Manager Bangs presented Resolution 110-23 for a 6E Funding expenditure and agreement with the Estes Valley Recreation and Park District to support out-of-school programming as outlined in the 2023 Childcare Funding Plan. She highlighted the district's current out-of-school programming, expansion of a current program as a pilot program for the district, and financial impacts. The Board discussed whether these types of funds could be used for a swim program and how funds would be used should the pilot program not be successful during the term of the agreement. It was moved and seconded (Younglund/Cenac) to approve Resolution 110-23, and it passed unanimously. 5. ORDINANCE 15-23 AMENDING ESTES PARK MUNICIPAL CODE SECTION 2.04 REGARDING RESTRICTIONS ON CURRENT AND FORMER MEMBERS OF THE BOARD OF TRUSTEES BEING EMPLOYED BY THE TOWN. Mayor Koenig opened the public hearing and Town Administrator Machalek presented Ordinance 15-23 to prohibit current and former Town Board members from being employed by the Town for one year from the end of their term on the Board. He Board of Trustees -December 12, 2023 -Page 4 highlighted previous Study Session discussions, the Board's direction, and review of market communities' policies. The Board discussed the limiting nature of the ordinance to the potential applicant pool of a position, and the conflict of interest which could occur from not having a cooling off period. Mayor Koenig closed the public hearing and it was moved and seconded (Hazelton/Younglund) to approve Ordinance 15-23, and it passed with Trustee Martchink voting "No". REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Hazelton/MacAlpine) to enter into executive session to discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property of interest -Section 24-6-402(4}(a}, C.R.S., and for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions -Section 24-6-402(4}(b}, C.R.S, and 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.R.S. -Potential real property purchase of 1230 Big Thompson Avenue for relocation of the Police Department, and it passed unanimously. The Board would re-enter the regular session to adjourn the regular meeting at the conclusion of the of the executive session. The Mayor recessed the meeting at 8:45 p.m. The Board entered the executive session at 8:55 p.m. and concluded at 9:57 p.m. Mayor Koenig reconvened the regular meeting at 9:57 p.m. Whereupon Mayor Koenig adjourned the meeting at 10:00 p.m. WendyKnig~