HomeMy WebLinkAboutMINUTES Town Board 2021-03-09Town of Estes Park,Larimer County,Colorado,March 9,2021
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 and Virtually in
said Town of Estes Park on the 9th day of March,2021.
Present:Wendy Koenig,Mayor
Patrick Martch ink,Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy You nglund
Also Present:Travis Machalek,Town Administrator
Jason Damweber,Assistant Town Administrator
Dan Kramer,Town Attorney
Jackie Williamson,Town Clerk
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 (Webermeier/Martchink)to approve the Agenda,and it
passed unanimously.
PUBLIC COMMENTS.
Planning Commissioner Comstock requested the Town Board hold a joint meeting with
the Estes Park Planning Commission to discuss alignment as the Town prepares for the
development of the new Comprehensive Plan.
TRUSTEE COMMENTS.
Trustee Bangs commented the Estes Park Restorative Justice has been developing a
Memorandum of Understanding between the Town and the Library.The Transportation
Advisory Board determined priorities for 2021 and continues to focus on multi-modal
transportation planning which aligns with the Town Board’s strategic plan.
Trustee Younglund stated the Community and Family Advisory Board received a
presentation from Christy Crosser/Grant Specialist related to the funding for the Safer
Routes to School program.The Police Auxiliary are working on a video to assist its
members in becoming familiar with the staffing in the Police Department.
Trustee Webermeier informed the Board the Visit Estes Park Board (Local Marketing
District)would interview CEO candidates.
Mayor Koenig stated Platte River Power Authority elected officers with Mayor Wade
Troxell to continue to serve as Chair until the April election.
Mayor Pro Tern Martchink confirmed his interest in meeting with the Estes Park Planning
Commission as requested by Planning Commissioner Cornstock.
Trustee MacAlpine stated she was impressed with the professionalism of the Town’s fifth
grade class and the quality of their questions directed at astronaut Shannon Walker
during their visit with the International Space Station.She further stated appreciation to
the local hand radio club for their assistance.
Trustee Cenac confirmed the CEO candidate interviews would be held March 17,2021.
Board of Trustees —March 9,2021 —Page 2
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek presented his policy governance report for policies 3.0,3.1,
3.2,3.4,3.5,3.6,3.9,3.10,and 3.11.He reported full compliance with the exception of
3.4.1 Expend more funds than are available.The Medical Insurance Fund experienced
significant claims during the last few months of the year that were not projected with the
final budget amendments for 2020.The budget could not be amended after the end of
the year;therefore,more funds were expended than budgeted.The Town’s Medical
Insurance fund contained the necessary funds to cover the costs.The Town maintains a
fund balance of unexpended premiums collected through the partially self-insured model
that absorbs costs from high claim years to address this very situation.Staff anticipates
budgeting excess expenditures in future years to address the issue moving forward.
He requested the scheduling of the Vacation Home regulations from the Development
Code to the Municipal Code and address enforcement issues at the study session on
April 28,’2021.Broader policy changes would not be coming forward with these changes.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated February 23,2021 and Town Board Study Session
Minutes dated February 23,2021.
3.Board of Adjustment Minutes dated October 6,2020 (acknowledgment only).
4.Parks Advisory Board Minutes dated January 21,2021 (acknowledgement only).
5.Transportation Advisory Board minutes dated January 20,2021
(acknowledgement only).
6.Resolution 21-21 Setting Public Hearing date of April 13,2021,for a New
Fermented Malt Beverage Off-Premise Liquor License filed by Mini Mart Inc.dba
Loaf N’Jug,561 Big Thompson Avenue,Estes Park,CO 80517.
7.Revised Policy 305 Benefits.
8.Resolution 22-21 Approving a Memorandum of Understanding and Amendment I
with the Northern Colorado Water Conservancy District,City and County of
Broomfield,Cities of Boulder,Fort Collins,Greeley,Longmont and Loveland for
Water Quality Monitoring of Compounds of Emerging Concern in Northern
Colorado,for an amount not to exceed $3,000.00,Budgeted.
9.Acceptance of Town Administrator Policy Governance Monitoring Report.
10.Local Marketing District Board Appointment of Suzanne Blackhurst to complete
the term of Tonya Humiston expiring December 31,2022.
It was moved and seconded (Cenac/Younglund)to approve the Consent Agenda,
and it passed unanimously.
2.PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff
for Town Board Final Action.
1.CONSENT ITEMS:
A.RESOLUTION 17-21 APPROVING A SPECIAL REVIEW,“STEALTH
WIRELESS COMMUNICATION FACILITY,”1575 S.SAINT VRAIN
AVENUE,VERIZON WIRELESS,APPLICANT,POWDER RIVER
DEVELOPMENT SERVICES,LLC,APPLICANT’S REPRESENTATIVE,
MOUNTAIN VIEW BIBLE FELLOWSHIP,PROPERTY OWNER.Staff
requested the item be continued to the March 23,2021 Town Board meeting.
It was moved and seconded (Webermeier/Cenac)to approve the
continuation to the March 23,2021 meeting,and it passed unanimously.
Board of Trustees —March 9,2021 —Page 3
3.ACTION ITEMS:
1.RESOLUTION 23-21 ESTABLISHING BYLAWS FOR THE COMPREHENSIVE
PLAN ADVISORY COMMITTEE.Director Hunt reviewed the proposed bylaws for
the newly formed Comprehensive Plan Advisory Committee to identify meeting
schedule,membership,quorum,etc.The committee was proposed to consist of
eleven (11)voting members and an indefinite number of non-voting stakeholders
appointed by the Town Board.The membership would be a diverse and widely
inclusive group of stakeholders,including members of the Estes Park Planning
Commission and residents of the Estes Valley Planning Area.Member terms
would be for the life of the committee and end with the adoption of the new
comprehensive plan.
Board discussion was heard and summarized:requested the advertisement for the
committee be in both English and Spanish;questioned if eleven (11)members
would be sufficient to ensure the committee contains representation from each of
the areas identified by staff;discussion of a membership of up to fifteen (15)
members be considered;non-voting members could provide further diversity and
bring additional viewpoints to the process;and questioned if a scoring matrix could
be used to identify the applicant’s inclusion in the categories outlined in the bylaws.
After further discussion,it was moved and seconded (Martchink/Webermeier)to
approve Resolution 23-21,and it passed unanimously.
2.INTERVIEW COMMITTEE FOR THE COMPREHENSIVE PLAN ADVISORY
COMMITTEE.It was moved and seconded (Cenac/Younglund)to appointment
Mayor Koenig and Trustee MacAlpine to the Comprehensive Plan Advisory
Committee (CompPac)interview panel,and it passed unanimously.
3.RESOLUTION 24-21 DECLARING THE TOWN’S INTENT TO ACQUIRE
ANDIOR SECURE CERTAIN REAL PROPERTY FOR IMPROVEMENTS TO
THE TOWN’S WATER SYSTEM AND AUTHORIZING NEGOTIATIONS,
PURCHASE,QUIET TITLE,AND THE EXERCISE OF THE TOWN’S POWERS
OF EMINENT DOMAIN IN CONNECTION THEREWITH.Utilities Coordinator
Rusch stated the proposed resolution would allow the Town to provide reliable
water service at a reasonable cost to approximately 135 homes previously served
by the bankrupt Prospect Mountain Water Company by reconstructing the water
system to current Town and Fire District standards,including construction of a new
storage tank and service road.Attorney White provided background on the
Prospect Mountain Water Company,a private water company serving Koral
Heights,Venner Ranch Estates,and Little Prospect Acres.By the mid-2000s,the
infrastructure of the company required significant capital improvements and failed
to form a local improvement district capable of raising the funds for capital
improvements.The Town began providing potable water to the area in 2012 after
the Bureau of Reclamation terminated the company’s raw water tap agreement.
The company filed chapter 7 bankruptcy.The Town has worked with the
bankruptcy trustee to secure the ownership of the company under the Voluntary
Water System Transfer Agreement to move forward with the reconstruction on the
system utilizing USDA awarded funding of $6.5 million grant and a $4.5 million
loan.In order to move forward with bidding the project,the USDA requires the
Town have all 68 easements secured.Three remaining easements are needed
for the construction and access of the new water storage tank,and negotiations
with the property owners,including the Estes Valley Land Trust,over the past year
have not been successful.Further the USDA funding requires the project to be
completed within five (5)years of award,September 2023.Staff reviewed three
alternative locations,all requiring condemnation of conservation easements,for
the siting of the water tank and found the preferred location meets the minimum
elevation required to produce 20 psi under fire flow conditions while minimizing the
cost of construction of the project to the homeowners.
Board of Trustees —March 9,2021 —Page 4
Jeffrey Boring/Estes Valley Land Trust Director read a prepared letter stating the
Land Trust objects to the condemnation of the conservation easement due to the
violation of perpetual nature of the easement to provide public conservation values
of open space and wildlife habitat.
Board questions and comments were heard and summarized:the addition of water
and fire hydrant service in the area would aid in additional development and
reduced insurance costs for the current residents;questioned the number of
additional homes that could be built in the area;the three additional easements
would be secured through condemnation with the approval of the resolution;and
questioned how often the tank would be visited once constructed.Staff stated they
intend to work further with the individual property owners and only use
condemnation if necessary,with the Board’s approval of the resolution.The tank
would be visited by staff approximately six (6)times a year to address routine
maintenance.
After further discussion,it was moved and seconded (Webermeier/Martchink)to
approve Resolution 24-21,and it passed unanimously.
4.RESOLUTION 25-21 APPROVING AN AMENDMENT TO THE MEMORANDUM
OF AGREEMENT AND A FOURTH MODIFICATION TO THE REIMBURSABLE
AGREEMENT WITH CENTRAL FEDERAL LANDS HIGHWAY DIVISION OF
THE FEDERAL HIGHWAY ADMINISTRATION,THE NATIONAL PARK
SERVICE,AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR
PROJECT FUNDING OF THE DOWNTOWN ESTES LOOP.Director Muhonen
reviewed the proposed resolution to amend the existing Memorandum of
Agreement (MOA)and the Reimbursable Agreement (RA)with Central Federal
Lands Highway Division for the design and construction of the Downtown Estes
Loop.In early 2020,the Town requested revisions to the MOA and RA to clarify
refinements to the project scope,costs,schedule,funding responsibility,and the
insertion of a clause for the purposes of the Taxpayer’s Bill of Rights (TABOR)
which was not included in the original agreements.The proposed resolution would
address these issues.The termination of the contract by the Town could only be
accomplished with an irrevocable pledge of existing funds by the Town,prior to
undertaking the financial obligations associated with early termination,as
constitutionally required.The amendments do not increase the Town’s financial
contribution to the project.It was moved and seconded (Younglund/Martchink)
to approve Resolution 25-21,and it passed unanimously.
4.REPORTS AND DISCUSSION ITEMS:
1.CURRENT STATE OF CHILDCARE IN THE ESTES VALLEY.Assistant Town
Administrator Damweber stated the Town Board requested an update on the
current state of childcare in the valley.The original consultant on the 2017 report
acknowledged the cost,time,and uncertainty due to COVID in preparing an
update,therefore,the Community and Family Advisory Board (CFAB)completed
an update report on the needs and gaps within the community.Chair Laurie Dale
Marshall,John Bryant,and Christy DeLorme provided a review of the updated
report which was completed to aligned with the original needs assessment.The
CFAB identified several successes since the initial report,including the
development by the Town of grant funding and guidelines for distributing the funds
to assist with childcare in the valley;proactive steps to increase the number of
quality in-home providers and retain exiting providers;and collaborative
networking for education and outreach related to the benefits of early childcare,
education,and the economic impacts.The Town awarded $5,000 to Mountaintop
Preschool to assist infrastructure improvements needed to increase preschool
spots by 20;ten (10)12-24 month old children and ten (10)spots for two (2)to
three (3)year old children.The increase provided the first center-based care for
infants and increased the under two (2)from six (6)to 16.EVICS has developed
a cohort group to support individuals interested in beginning a new childcare
business or becoming licensed.Town staff continues to participate in regional
partnership meetings,and supported the establishment of the Estes Valley
Board of Trustees —March 9,2021 —Page 5
Childcare Collaborative to support increased communication.This group has
since been folded into the CFAB.The Early Childhood Council of Larimer County
and United Way of Larimer County have begun an effort to develop a Larimer
County Early Childhood Funding Initiative Commiffee.The report established
enrollment in the school district down 3%for the year,with kindergarten enrollment
down significantly and impacted by the COVID-1 9 pandemic.The Town has seen
a decline in birth rate in Estes Park over the last three years.A review of current
offerings including both in-home care to center based care.The United Way of
Larimer County has committed to providing after school care for the next three
years.Discussion was heard on the need for additional infant care in the valley,
including those 6 weeks to 12 months because of the stringent licensing
requirements and how to determine the need for additional care in the valley.
Whereupon Mayor Koenig adjourned the meeting at 9:57 p.m.
Icie Williamson,Town Clerk
D