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HomeMy WebLinkAboutMINUTES Town Board 2024-07-23Town ofEstes Park, Larimer County, Colorado, July 23, 2024 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 23rd day of July, 2024. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Bunny Victoria Beers, Deputy Town Clerk Absent: Cindy Younglund, Trustee Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so recited the Pledge of Allegiance. PROCLAMATION - ESTES RECYCLES DAY. Mayor Hall read a proclamation recognizing August 10, 2024 as Estes Recycles Day and encouraged the citizens of Estes Park to bring their hard to recycle disposables to the Event Center parking lot for recycling. SWEARNING-IN CEREMONY FOR NEW CHIEF OF POLICE IAN STEWART. Assistant Municipal Judge Bartlett performed the swearing-in ceremony for the new Chief of Police lan Stewart. AGENDA APPROVAL. It was moved and seconded (Hazelton/Lan caste r) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. John Meissner/Town citizen supported allowing public comment during study sessions and soliciting public input on the type of products sold during events in Bond Park related to competing sales of items sold by downtown businesses. TRUSTEE COMMENTS. Board comments were heard and have been summarized: The public were encouraged to volunteer for the Transportation Advisory Board vacancies; the Trustee Talk session would be held on the fourth Thursday in July with Trustees Igel and Lancaster; the Mayor spoke regarding his public outreach including meetings, a marketing promotion initiative to engage with downtown traffic experiencers, citizen interest in a diversity resources website or council, a presentation from the Mountain Oasis Nurseries opportunity, Route Zero event to discuss zero emissions initiatives which included presentations from Sierra Club, Environmental Protection Agency, Southwest Energy Efficient Project and Colorado Moms Clean Air Force; staff continue to fill the Restorative Justice Director position which has been assisted by Melissa Westover as Interim Director; the Visit Estes Park (VEP) Board would finalize the review of the 2025 operating plan in order to present it to the Town Board and Larimer County Commissioners in September; VEP would host an Outdoorist Event in coordination with RMNP, and their construction podcast Building a Better Future forEstes Par/cwas published to provide an alternative method to inform the public on construction updates; the Board was encouraged to attended Municipal Court held on the first Wednesday of each month; the Estes Park Housing Authority entered into a contract to purchase the Fall River Village from Grand Heritage Hotel to provide workforce housing as early as December; and the Board congratulated Chief Stewart and thanked him for his interim service to the Estes Park community. Board of Trustees - July 23,2024 - Page 2 TOWN ADMINISTRATOR REPORT. Town Administrator Machalek presented his policy governance report for policies 3.3, 3.12, and 3.13 and reported partial compliance under 3.12 which was not monitored. He stated the Construction Impact Grant process identified two barriers which require Board consideration, including the removal of the requirement for a business license for businesses located outside of town limits and the requirement to provide a full year loss report for newer businesses. Discretion would be provided to the Estes Chamber Director regarding loss requirements. He stated the grants have been applied for and approximately $53,000 in funds remains available with applications open for another week. The Board requested an update at a future meeting related to the impacts of the relief program. Mayor Pro Tem Cenac arrived at 7:32 p.m. CONSENT AGENDA: 1. Bills. 2. Town Board and Study Session Minutes dated July 9, 2024 and Strategic Planning Study Session Minutes dated May 18, 2024 and June 18, 2024. 3. Estes Park Planning Commission Minutes dated May 21, 2024 (acknowledgement only). 4. Resolution 51-24 Intergovernmental Agreement with the Colorado Department of Transportation for Fiscal Year 2024 Federal Transit Administration 5311 Rural Area Formula Funds to Support Estes Transit (The Peak) - CDOT PO 491003538. 5. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Cenac/Hazelton) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1. VISIT ESTES PARK (VEP) - PIXEL PINE TREE IN BOND PARK. VEP Chief Strategy Officer Mackin presented a proposed pixel pine tree in Bond Park to enhance the Catch the Glow Holiday Season. She reviewed the promotional opportunities the added decoration would bring to the community including increased visitation, the opportunity to generate additional revenue through sales tax and lodging, and support for local businesses through advertising and marketing efforts. She showcased pixel trees utilized in other communities, reviewed the placement within Bond Park, and the scale and visual features. She spoke regarding the installation, the refresh rate, pixel maps, systems and support. Board approval for the tree was requested in order to meet production, installation for a November tree lighting deadline, and contractor notification by July 31, 2024. Board comments have been summarized: Benefits of increasing visitation during the holiday season and potential to appeal to families; the installation would be a positive added element to the event; whether the tree would be rented or owned by VEP; tree storage and importance to remove decorations at the end of the season; hours of operation for the program; and installation timelines. Kent Smith/Town citizen recommended reducing the pylon into the soil three to five inches to prevent a tripping hazard outside the event. John Meissner/Town citizen requested clarification on nearby competing jurisdictions, any identified wildlife impacts, and questioned daytime visibility. Town Attorney Kramer stated if the item was approved, it would be for the use of Bond Park only and the Board can expect other installation considerations at a future meeting. It was moved and seconded (Igel/Cenac) to approve the installation of a pixel pine tree in Bond Park, and it passed unanimously. PUBLIC HEARING - ORDINANCE 12-24 PROPOSED ELECTRIC RATE INCREASE. Mayor Hall opened the public hearing and NewGen Strategies Board of Trustees - July 23, 2024 - Page 3 presented the rate study. Highlights of the presentation included: an overview of the study, progress, results and delays, advanced metering infrastructure (AMI) data, 2024 rate plans and next steps. She reviewed the cost of service for 2024 and 2025 for rate classes, the typical electric utility system configuration, PRPA generation and transmission, and Estes Park Power & Communications distribution and customer service including utility billing. Rates are designed to align with costs of service. She stated the majority of utility expenses are incurred on a fixed basis whereas the majority of the revenues are collected on a variable basis, creating a disconnect between cost causation and revenue collection. Utilities are experiencing lower revenues with fixed cost maintaining or increasing, causing a fixed cost recovery issue and creating the need for rates to increase gradually to align with costs. Without the proposed rate increases, the reserve funds would be drawn down annually dropping below the required 90-day O&M in 2026. Due to outages and advanced metering infrastructure AMI data transfer, the proposal includes an across the board rate increase of 5% beginning October 2024 which to meet the metrics and targets. If no action is taken an 8.5% rate increase would be needed in 2025, 2026 and 2027. Design rates by customer class for 2025 and 2026 would be presented in late 2024 which align with cost of service. Board question have been summarized: Requested clarification on the charge separations of the customer charge and energy charge compared to other communities who combine the charges into a single charge; what the average kilowatt per hour rate was for a typical residential customer; the extent to which the anticipated increase in cost for transmission from Platte River Power Authority was incorporated into the study; and what the Town could do to keep increases low for customers. Town Administrator Machalek stated smaller increases would result in a higher rate increases in the future. Staff continues to bring contractor work in-house to decrease costs to the utility rate payers and maintain high quality services. Staff stated inventory supply, delivery impacts, and high costs for materials have impacted the Power and Communications budget. There being no public comment, it was moved and seconded (Hazelton/Cenac) to continue the Public Hearing to August 13, 2024,and it passed unanimously. 2. COLORADO ASSOCIATION OF SKI TOWNS (CAST) 2024 COLORADO LEGISLATIVE POSITION STATEMENT ON HOUSING. Manager Bangs presented a Colorado legislative position statement on housing requesting Board direction. The CAST position statement would allow municipalities and counties to: authorize counties and municipalities to refer short-term rental taxes to the voters with the proceeds of such revenues dedicated to the local workforce and affordable housing; refer residential vacancy taxes to their voters, also known as the "empty home tax"; to incentivize homeowners to rent their homes to local residents rather than rent them at peak times and leave them empty most of the year; and adopt fees on the transfer of real estate, with the fee revenues to fund local affordable and workforce housing. Support was stated for providing communities with local control to make their own decisions. Concerns were heard regarding taxing non-residents differently. It was moved and seconded (Hazelton/Cenac) to support the CAST Legislative Position Statement on Housing, and it passed with Trustees Brown and Hall voting "No". Town Attorney Kramer would communicate the position to CAST and the Colorado Municipal League. 3. RESOLUTION 61 -24 GRANT AGREEMENT WITH BUELL FOUNDATION FOR LOCAL FINANCING FOR EARLY CHILDHOOD EDUCATION GRANT. Manager Bangs presented the Buell Foundation grant agreement for early childhood education. She stated the funds offer the opportunity to strategically build tuition assistance programs to meet the needs of families. The initial funds would be used for cost modeling to provide a detailed understanding of the specific budgetary and financial needs for the various family demographics. She stated almost 60% of families who do not enroll children in care reported cost as a barrier. She reviewed other needs assessment data and assistance programs including state funding, childcare and tuition assistance programs, and 6E funds. The Strategic Plan recommends prioritizing tuition assistance to stabilize families without access to other funding programs and to address needs not being met by Board of Trustees - July 23,2024 - Page 4 other programs. The Town met with the Early Childhood Council of Larimer County, Estes Valley Investment in Childhood Success, and United Way to discuss funding opportunities and would continue to identify ways to assist the community. The grant would bring $50,000 in revenue to the Childcare Lodging Tax with no local match and must be used by June 30, 2025. Next steps would include a study session to identify options and Board direction. Staff requested approval of the grant agreement with the Buell Foundation. Kent Smith/Town citizen stated support for the program and future coordination with the foundation. The Board requested clarification on the invitation to apply for these funds and what the Town would be losing if the funds are not accepted. Manager Bangs stated without the funds, the Town would lose professional expertise and consulting while working with other organizations. She highlighted the importance of expanding on the data identified in the needs assessment and Strategic Plan to develop specific cost modeling. This information would assist the Town on the best methods to address community needs and maximize the impact of6E funds. It was moved and seconded (Brown/igel) to approve Resolution 61-24, and it passed unanimously. 4. RESCINDING POLICY 106 - PUBLIC FORUMS AND MEETINGS. In 2015, the Town Board adopted Policy 106 - Public Forums and Meetings. The policy requires approval from the Town Board prior to scheduling or promoting any public meeting or forum which solicits input and public opinion from residents on proposed new or revised regulations, ordinances or programs of the Town. Staff stated concerns with timelines and delays for the Town Administrator to relay considerations to the Town Board at a regular meeting and potential open meeting law violations if staff polls individual Board members via email. Town Administrator Machalek stated staff has not been monitoring this policy and potential violations may have occurred. Staff recommended rescinding Policy 106 and relying on other Board policy to keep the Board apprised of meetings and public forums. Trustee Brown stated the importance to remove obstacles to public meetings and engagement. It was moved and seconded (Cenac/Hall) to rescind Policy 106 - Public Forums and Meetings, and it passed unanimously. 5. JNTERVIEW COMMITTEE FOR THE TRANSPORTATION ADVISORY BOARD. It was moved and seconded (Cenac/Brown) to appoint Trustees Hazelton and Igel to the TAB Interview Committee, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. ENERGY EFFICIENCY AND CONSERyATION BLOCK GRANT (EECBG) - COLLABORATION OPPORTUNITY WITHJ-ARIMER COUNTY FOR A TOWN CLIMATE ACTION PLAN. Director Fetherston stated Larimer County established the Climate Smart Future Ready Initiative to focus on resiliency, sustainability and other opportunities to help municipalities and communities to prepare for and minimize impacts of natural disasters. As a community partner in the process, the Town conducted a Green House Gas (GHG) emissions inventory. The Town was identified as the highest per capita for emissions of all county municipalities due to the number of annual visitors to RMNP. The State Energy Office provides local governments with staff capacity to enable projects and programs to reduce GHG emissions through the Energy Efficiency Community Block Grant (EECBG). Larimer County offered to be the grantee and applicant with the Town serving as a partner through an intergovernmental agreement (IGA). Through the grant application, the County would request two positions. One position would be dedicated to the Town for a three-year period as a County employee. The objectives of the position included: develop a climate action plan; encompass town initiatives already underway and identify opportunities and strategies for energy efficiency and emission reduction; transportation electrification; refuse waste diversion; create change behavior opportunities; establish goals and metrics; ensure community outreach and engagement; identify funding options to support the plan and its goals, and ensure power generation sustainability efforts would not be impacted. Advantages included: The plan would support the Town's Strategic Plan; would build and enhance staff capacity for current and ongoing Board of Trustees - July 23, 2024 - Page 5 efforts at no cost to the Town; develop a comprehensive plan to combine and coordinate all sustainability efforts; maximize savings and emission reductions through efficiency measures; leverages outcomes not otherwise possible; require community outreach and engagement; and commits the Town only in the development of a plan. Staff requested Board support to draft an IGA if the County was awarded the grant to meet the application deadline of August 9, 2024. The Board asked when the grant would be awarded and additional discussion ensued regarding the distinction between Board approval of an item and consensus. Town Administrator Machalek stated no policy requires Board action to submit a grant application. He added these opportunities allow the Board to provide input on items which may not directly align with the Town's Strategic Plan. Board consensus was to direct staff to draft an IGA should the EECBG grant be awarded to Larimer County. Whereupon Mayor Hall adjourned the meeting at 9:40 p.m. Gary Hall, Mi.yor -^-l/.-i-^ E?uni<ryVictoria Beers, Depufy-Town Clerk