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HomeMy WebLinkAboutMINUTES Town Board 2025-04-22Town ofEstes Park, Larimer County, Colorado, April 22, 2025 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 22nd day of April, 2025. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel CindyYounglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: Trustee Frank Lancaster Mayor Hall called the meeting to order at 5:00 p.m. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Brown/Cenac) to enter into executive session for discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. 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. - Municipal Judge, Town Attorney and Town Administrator Annual Evaluations, and it passed unanimously. The Board entered into executive session at 5:05 p.m. and the executive session concluded at 7:00 p.m. Mayor Hall reconvened the regular meeting at 7:08 p.m. and all desiring to do so recited the Pledge of Allegiance. PROCLAMATION. Mayor Hall proclaimed May 5-9, 2025 as Public Service Recognition Week. PROCLAMATION. Mayor Hall proclaimed April 20 - 26, 2025 as Volunteer Recognition Week. AGENDA APPROVAL. It was moved and seconded (HazeltonA^ounglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Christy Crosser/County resident and Friends of the Museum Board member thanked the Town Board for the community grant awarded to the museum, and requested the Board consider adding the museum back into the Town's Strategic Plan. She noted the need for additional parking stalls to be allocated for the library. She stated support for the joint meeting between the Town Board and the County Commissioners to discussion the Visit Estes Park Board. TRUSTEE COMMENTS. Board comments were heard and have been summarized: recognized the completion of the newly refurbished Town Hall bathrooms; noted the three open positions on the Transportation Advisory Board; reminded the public of the Rooftop Rodeo; Sister Cities Board of Trustees - April 22,2025 - Page 2 to welcome back the local students that went to Monteverde, Costa Rica over spring break; thanked Restorative Justice for their facilitation of the recent Town Board and Planning Commission meeting; reminded the public to support local non-profits through the Duck Race; Visit Estes Park selected the next interim CEO, Bill Hamberry, with a contract and start date to be determined; Tourism Summit to take place on April 30, 2025; a joint meeting with the Town Board and County Commissioners would be held on May 6, 2025; and encourage interested individuals to apply for the Estes Park Planning Commission, Estes Park Board of Adjustment, and the Estes Park Housing Authority. TOWN ADMINISTRATOR REPORT, Town Administrator Machalek stated he reported full compliance with Policy 3.4 at the previous meeting. He noted partial compliance'with 3.4.5 as staff determined a change order was approved outside of the explicit language of the approved resolution. One additional project from 2022 incurred the same violation. The projects were completed within budget and within the proper spending authority. POLICY GOVERNANCE MONITORING REPORT- POLICIES 3.3 AND 3.7. Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. The above policies are reported on each April and noted full compliance. He stated 3.3.3 requires operational revenue projections are clear and projected and actual revenues are within 10% margin of error. Two funds were outside of this margin for the Worforce Housing Lodging Tax Fund and the Parking Service Fund. Staff made expenditure reductions in both funds to ensure budgetary compliance. CONSENT AGENDA: 1. Bills. 2. Town Board Meeting & Study Session Minutes dated April 8,2025. 3. Estes Park Planning Commission minutes dated March 18, 2025 (acknowledgment only). 4. Resolution 29-25 Amendment to the Professional Engineering Services Agreement with AE2S LLC to add general services during construction for the Carriage Hills and Spruce Knob Water Systems Improvement Project $219,930, Budgeted. 5. Resolution 30-25 Contract with Vance Brothers, LLC for 2025 Chip & Crack Seal Program $306,859.04, Budgeted. 6. Resolution 31-25 Contract extension with Coulson Excavating Company, Inc. for 2025 Overlay & Patching Program $1,712,250.25, Budgeted. 7. Resolution 32-25 Change Order to the Construction Contract with JOC Construction, LLC for Performance Park Restrooms Remodel $105,826.49, Budgeted. 8. Resolution 33-25 Intergovernmental Agreement with Colorado Department of Transportation for Fiscal Year 2023 Congestion Mitigation and Air Quality (CMAQ) Funds to Support Estes Park Transit Service Expansion Programs in 2025 and 2026 $252,370.00, Budgeted. 9. Resolution 34-25 Contracts for On-Call Electrical Services with Dickinson Electric, Inc., Flash Electric, Inc., South Paw Electric Company. 10. Letter of Support to Colorado Department of Transportation for the Non-Attainment Area Air Pollution Mitigation Enterprise Community Clean Transportation Assistance Grant Program (NAAPME) for Moraine Avenue Trail Design/Construction Project. 11. Resolution 35-25 Setting the Public Hearing for a New Beer & Wine Liquor License Application for Galloway Reed LLC dba Inkwell & Brew, 150 E. Elkhorn Avenue, Estes Park, Colorado. 12. Resolution 36-25 Setting the Public Hearing for a New Hotel & Restaurant Liquor License Application for Fortuna Aurea Inc dba Park Tavern, 237 & 247 W. Elkhorn Avenue, Estes Park, Colorado. 13.Acceptance of Town Administrator Policy Governance Report. Board of Trustees - April 22,2025 - Page 3 It was moved and seconded (Igel/Younglund) to approve the Consent Agenda, and it passed unanimously. Consent Item #4 - Resolution 29-25 Amendment to the Professional Engineering Services Agreement with AE2S LLC to add general services during construction for the Carriage Hills and Spruce Knob Water Systems Improvement Project $219,930, Budgeted. It was noted by Town Attorney Kramer that Consent Item #4 was not finalized or approved by staff and would need to be reconsidered at a future Town Board meeting. It was moved and seconded (Cenac/Hazelton) to reconsider Resolution 29-25 at the next Town Board meeting, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. BASE FUNDING REPORT - ESTES VALLEY CRISIS ADVOCATES. Program Director Fanucchi reviewed a report outlining the mission and programs provided by the organization. She noted the program sen/ed 466 clients, 908 total shelter nights, 1,598 client contacts, and 3,150 volunteer hours by the board members and volunteer advocates. The funding the Town provides assists the organization and to leverage the funds to apply for and receive funding from other sources such as federal funding. 2. COMMUNITY WILDFIRE DEFENSE GRANT FUNDING FOR THE ESTES VALLEY FIRE PROTECTION DISTRICT (EVFPD). Division Chief Landkamer stated the Town funded a 25% match, $175,000, for a Wildfire Defense Grant awarded to the EVFPD to thin and treat property in the Thunder Mountain area adjacent to Rocky Mountain National Park, approximately 200 acres. In February 2025, the Colorado State Forest Service notified EVFPD that they had reconsidered the match requirement and determined the grant award no longer required a match due to Estes Valley's status as an "underserved community". The project cost remained at $740,000; however, the grant no longer requires the match. The Town Board could require the funds be repaid to the Town, and therefore, reduce the scope of the project or EVFPD would need to find additional funds to complete the project. Town Board discussion was heard and has been summarized: questioned if the funds were needed now by the EVFPD since the project would take three to four years to complete; could the funds be returned for Town use and reissued at a later date, closer to the tail end of the project; the funds have been allocated to address this needed community concern; concerned the Town allocated funds are no longer needed to secure the loan and could be used for other Town priorities; questioned how the new 1A sales tax funds have impacted the EVFPD financially; stated the EVFPD does not have a financial stake in the current project other than in-kind; requested repayment of the funds would be second guessing a prior board; questioned if the EVFPD would use 1A sales tax revenues to fund future grant opportunities; and requested additional information and discussion occur prior to making a final decision. Division Chief Landkamer stated EVFPD's would provide in-kind grant management, hire the contractor and manage the project. The 1A sales tax has provided the funding for EVFPD to hire a Wildland Risk Reduction Educator and hire a mitigation crew. Town Administrator Machalek stated the item would be scheduled for an upcoming Board meeting to allow additional deliberative discussion with a formal action by the Board. LIQUOR ITEMS: 1. RESOLUTION 37-25 N EW HOTEL & RESTAURANT LIQUOR LICENSE FILED BY JWC ELEVATIONS LLC DBA STANLEY CHOCOLATE FACTORY. 157 W. ELKHORN AVENUE UNIT 1-10 & 14, ESTES PARK. CO 80517. Mayor Hall opened the public hearing and Town Clerk Williamson presented Resolution 37-25 for a new Hotel & Restaurant liquor license. She reviewed the application stating all paperwork and fees had been submitted. The applicant was aware of the Training for Intervention Procedures (TIPS) requirement as the applicant owns other liquor establishments in Town and has completed TIPS training previously. The applicant was available for Board of Trustees - April 22,2025 - Page 4 questions and spoke regarding their experience, the renovations, intentions for the new building, and opening date of Fourth of July weekend. Mayor Hall closed the public hearing and it was moved and seconded (CenacA'ounglund) to approve Resolution 37-25, and it passed unanimously. ACTION ITEMS: 1. RESOLUTIQN 38-25 SUPPLEMENTAL BUDGET APPROPRIATIONS #1 TO THE 2025 BUDGET. Director Zimmerman presented a supplemental budget appropriation for the 2025 budget to re-appropriate remaining balances for uncompleted 2024 purchase orders to complete the acquisition of goods and services ordered in 2024 but not received by the end of the year or uncompleted projects. Any grant funds associated with the projects must also be rolled over to the current 2025 budget. After reflecting the budget amendment, the General Fund reserves are projected at 31.5% of 2025 operating expenditures with the inclusion of $56.2 million in rollovers and amendments. The proposed supplement would increase the current Administrative Assistant in Public Works from a .75 FTE to a 1.0 FTE. It was moved and seconded (BrownA^ounglund) to approve Resolution 38-25, and it passed unanimously. 2. RESOLUT!Ohn9-25 6E FUNDING EXPENDITURE FOR CHILDCARE START-UP COSTS. Manager Bangs reviewed a request to utilize 6E funds of $150,002.25 to support the start up costs for Little Kids Motessori Childcare and Preschool located within the St. Bartholomew's Episcopal Church to serve up to 26 children from infant to 5 years old. The funds would be used to purchase equipment, supplies, and staffing costs for three lead teachers and three assistant teachers for the first three months of onboarding. The initial start-up costs received by the Town would be used to leverage matching grants with larger, more regional organizations. The funding agreement outlines sipulations, including the provider must offer childcare for infants and toddlers, and must offer childcare services for at least five years or be required to return the funds. The operator Susan Castillo was present and provided a brief overview of the new childcare program. After further discussion, it was moved and seconded (Hazelton/Cenac) to approve Resolution 39-25, and it passed unanimously. 3. ORDINANCE 05-25 AMENDING SECTION 13.2 OF THE ESTES PARK DEVELOPMENT CODE TO ADD CAROUSELS AS LIMITED COMMERCIAL RECREATION OR ENTERTAINMENT ESTABLISHMENTS. Mayor Hall opened the public hearing. Director Careccia noted a proposal to place an indoor carousel on property within the CD zoning district, 133 West Elkhorn Avenue, was received as part of a larger, adjacent development that includes a chocolate factory and other food/beverage type uses. Currently only limited indoor commercial recreation establishments are permitted by right within the CD zoning district. The Development Code further defines what specifically constitutes a limited recreation establishment as indoor movie theaters and theatrical space for dramatic, musical or live performances; or indoor billiards, pool and other table games. The carousel would neither be an allowed use by right nor an accessory use within the CD zoning district. On March 25, 2025, the Town Board directed staff to draft a narrowly focused text amendment to specifically allow indoor carousels as an accessory use within the CD zoning district. At their meeting of April 8, 2025, the Town Board reviewed a proposed amendment drafted by staff, recommended revisions, and directed staff to move forward with the public hearing adoption process. Wait Dietrich/Chairman and President of Whimsadoodle stated strong support for the new addition to the area and to enhance the area of Cleave Street. Mayor Hall closed the public hearing. It was moved and seconded (Younglund/Hazelton) to approve Ordinance 05-25, and it passed unanimously. 4. RESOLUTION 40-25 MEMORANDUM OF UNDERSTANDIN LARIMER COUNTY SHERIFF'S OFFICE FOR SECURITY. Chief Stewart presented a Memorandum of Understanding with Larimer County Sheriff's Office to allow the Estes Park Police Department sworn officers to work special events in the unincorporated Larimer County and at the Larimer County Fairgrounds. The agreements further Board of Trustees - April 22,2025 - Page 5 outlines the compensation rate for officers with a 4% inflation per year for three years, describe the incident command structure, and other operational procedures for events. After further discussion, it was moved and seconded (Hazelton/lgel) to approve Resolution 40-25, and it passed unanimously. 5. ORDINANCE^6-25 AMENDING CHAPTERS 10.04.030 AND 10.04.040 OF THE TOWN OF ESTES PARK MUNICIPAL CODE PERTAINING TO OVERNIGHT PARKING. Mayor Hall opened the public hearing. Director Muhonen stated the Muncipal Code sections 10.04.030 Parking Prohibited and 10.04.040 Overnight Parking Prohibited have been reviewed by staff and proposed revisions have been drafted to address ambiguities, improve enforceability, and ensure alignment with operational capabilities and community expectations. The code as written prohibits parking on any public roadway or parking lot within town limits overnight for more than 18 hours. The proposed code language would make lawful the long-standing historic overnight parking along residential streets. At the March 25, 2025 study session, the Board affirmed concerns with camping on public streets and parking lots. The Board also expressed some differing opinion on the continuation of overnight parking prohibitions and requested a future discussion. The current proposal would keep the current overnight parking restriction in parking lots while allowing overnight parking in other areas. The ordinance does however provide overnight parking at the Events Complex parking lot. Mayor Hall closed the public hearing. It was moved and seconded (Igel/Cenac) to approve Ordinance 06-25, and it passed unanimously. 6. RESOLUTION 41-25 PROFESSIONAL SERVICES CONTRACT WITH DESMAN. INC FOR THE DESIGN OF THE BIG HORN PARKING STRUCTURE. Manager Klein presented a contract with DESMAN, Inc. for the design of a multi-level Big Horn parking structure, to include structural design accommodating an additional fourth level for potential future construction of workforce housing at a cost of $456,882 or a not to exceed amount of $500,000. A request for proposal was issued in June 2024 and staff negotiations with the top consultant could not be completed due to the gap between the consultant's fees and the Town's budget. The second ranked consultant provided a fee proposal in line with the Town's budget, and staff have confirmed the designer's capabilities and experience with similar projects in Colorado. The proposed parking structure would increase parking supply and mitigate the loss ofon- street parking caused by the Cleave Street Improvement Project. It was moved and seconded (IgelA'ounglund) to approve Resolution 41-25, and it passed unanimously. 7. REVISED POLICY 842 - PARKING PERMITS. Manager Klein reviewed a revision to the policy to allow the Business Permit: Commercial Loading permit to park overnight at the Museum Annex Parking lot on 220 4th Street from 5 p.m. to 1 0 a.m. This would free up downtown parking spots during the high season. It would further eliminate ambiguity for the parking enforcement team on potential violations. Board discussion was heard and summarized: concern was raised on making the jobs of the Post Office employees and contractors more difficult; the number of issues and concerns raised with the use of the parking lot by the Post Office outway their continued use; other options and solutions could have been brought forward by the community and the Post Office; questioned if there was a legal risk in limiting the Post Office's use of the parking lot; this change may elevate the converstation to relocate the Post Office from downtown; and concern with the neighborhood impact for permit holders. It was moved and seconded (Younglund/Hazelton) to approve Policy 842 - Parking Permits with the proposed revisions, and it passed unanimously. 8. RENAMING REQUEST FOR POST OFFICE PARK LOT TO "BALDWIN PARK LOT". Mayor Hall opened the public hearing. Town Administrator Machalek brought forward a proposed name change for the currently named Post Office Parking Lot as outlined in policy 208. The name change would recognize that the parking lot serves many businesses and functions other than the Post Office. Baldwin Park would be the closest Town facility to the parking lot and highlights the adjacent public park area. The change would further eliminate the potential confusion regarding ownership of the public parking lot. Mayor Hall closed the public hearing. It was moved and seconded Board of Trustees - April 22,2025 - Page 6 (Igel/Cenac) to approve the renaming request of the Post Office Park lot to the Baldwin Park lot, and it passed unanimously. It was moved and seconded (Hazelton/lgel) to extend the meeting past 10:00 p.m. and the motion failed with Mayor Pro Tem Cenac and Trustees Brown and Younglund voting "No". 9. TRANSPORTATION ADVISORY BOARD MEMBER APPOINTMENTS AND ROLES. Item to be continued to the May 13, 2025 meeting. REPORTS AND DISCUSSION ITEMS: 1. 2024 IMPACT REPORT FOR 6E WORKFORCE HOUSING AND CHILDCARE LODGING TAX FUNDS. Item to be continued to the May 13, 2025 meeting. Whereupon Mayor Hall adjourned the meeting at 10:02 p.m. ^ Gary Hall, M<^ »~i_-> ^j—S^_Q-£2_^-c.-^\'^s^&P-^'^. J^ie Williamson, Town Clerk\ \!J