HomeMy WebLinkAboutMINUTES Town Board 2021-11-23Town of Estes Park,Larimer County,Colorado,November 23,2021
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 23td day of November,2021.
Present:Wendy Koenig,Mayor
Patrick Martchink,Mayor Pro Tern
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Trustees Marie Cenac
Barbara MacAlpine
Cindy Younglund
Also Present:Travis Machalek,Town Administrator,
Jason Darnweber,Assistant Town Administrator
Dan Kramer,Town Attorney
Jackie Williamson,Town Clerk
Bunny Victoria Beers,Deputy Town Clerk
Absent:Trustees Bangs and Weberrneier
Mayor Koenig called the regular meeting to order at 7:00 p.m.and all desiring to do so,
recited the Pledge of Allegiance.
Mayor Koenig requested a moment of silence in honor of fallen firefighter pilot Marc Thor
Olson who died baffling the Kruger Rock Fire.
AGENDA APPROVAL.
It was moved and seconded (Cenac/MacApline)to approve the Agenda as presented,
and it passed unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized:The Estes Park Police
Auxiliary would continue the Blue Santa program to provide items to community members
in need,donations were encouraged;Mayor Pro Tern Martchink and Trustee Younglund
(clarified from the November 9,2021 study session minutes which referenced Trustee
MacAlpine)met with Assistant Town Administrator Damweber to discuss the Community
and Family Advisory Board;CompPAC held the second of two visioning sessions on
November 17,2021;the Environmental Sustainability Task Force held a virtual listening
session on November 16,2021;the Estes Valley Fire Protection District held their
Academy Graduation;Annual Tree lighting was held and the Catch the Glow parade
would take place the day after Thanksgiving;an amendment regarding Accessory
Dwelling Units was approved by the Estes Park Planning Commission and would be
presented to the Town Board during a future meeting;the Parks Advisory Board made a
request to rename the location of the Women’s Monument from Children’s Park to
Women’s Heritage Plaza and discussed commissioning a plaque which lists the names
of 100 women identified as part of the project;and reminded citizens to get their COVID
vaccine.The Board requested recommendations in coordination with Larimer County for
options to honor fallen firefighter pilot Marc Thor Olson.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek stated gratitude for firefighter,law enforcement and
emergency management during the Kruger Rock Fire.He stated vaccinations and masks
indoors are the method to protect yourself from COVID-19.Hospitals are at 107%
capacity with 87%of COVID-1 9 patients in the ICU being unvaccinated.There have been
14 COVID-19 related deaths in Estes Park.
Board of Trustees —November 23,2021 —Page 2
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated November 9,2021,Town Board Study Session Minutes
dated November 9,2021 and Special Town Board Minutes dated November 11,
2021.
3.Estes Park Planning Commission Minutes dated October 19,2021
(acknowledgement only).
4.Comprehensive Plan Advisory Board Minutes dated October 21,2021
(acknowledgement only).
5.Community and Family Advisory Board Minutes dated October 11,2021
(acknowledgement only).
6.Appointment of Frank Theis to the Comprehensive Plan Advisory Committee to
complete the Term of Michael Kennedy.
It was moved and seconded (Younglund/Martchink)to approve the Consent
Agenda,and it passed unanimously.
Mayor Koenig convened the Liquor License Authority.
LIQUOR ITEMS (TIME):
1.PETITION FOR FINE-IN-LIEU OF SUSPENSION FOR GALEX LLC DBA
CHELITOS MEXICAN RESTAURANT,145 E.ELKHORN AVENUE,HOTEL
AND RESTAURANT LIQUOR LICENSE.Mayor Koenig open the public hearing
and established Ericka Santana/Liquor Licensee was present.Attorney Brian
Proffitt entered his appearance as the attorney representing Galex LLC.He
provided the license holders position on the petition stating the public welfare and
morals would not be impaired by permitting the licensee to operate during the
period set for suspension,and the payment of a fine would achieve the desired
disciplinary purposes.He stated the licensee has completed training for all staff as
required by the stipulation and has had a positive record without incident or
violation for several years.Kristin Brown/Special Prosecutor reviewed the petition
for fine-in-lieu of suspension.On November 11,2021 a Show Cause Hearing was
held and a Stipulation Agreement was approved for a suspension of 50 days with
15 days served and 35 days held in abeyance for one year from the acceptance
of the agreement executed on November 17,2021.Discussion was heard among
the Authority on the payment of a fine-in-lieu of serving the suspension,the
severity of the incident,and clarification was requested regarding the formula for
determining the fine amount.Kristin Brown/Special Prosecutor stated suspension
of the license would be more impactful than paying the fine and stressed the
egregiousness of the violation.It was moved and seconded
(Martchink/Younglund)to deny the petition for fine-in-lieu of suspension for
Galex LLC dba Chelitos Mexican Restaurant and serve the 15 days
suspension commencing on December 5,2021 12:00 a.m.through December
19,2021 at 11:59 p.m.,and post the premise as ordered by the Authority,and
it passed unanimously.
Whereupon Mayor Koenig closed the session of the Liquor License Authority at
7:37 p.m.and returned to the Town Board meeting.
REPORT AND DISCUSSION ITEMS:(Outside Entities).
1.2021 ROCKY MOUNTAIN NATIONAL PARK (RMNP)OVERVIEW AND 2022
PLAN.Superintendent Darla Sidles introduced Public Affairs Officer Kyle Patterson
and Visitor Use Management Specialist John Hannon who provided an overview of
the RMNP updates,including an overview of the timed entry system in 2020 and
2021,the proposed plan for 2022,Long Term Visitor Use Management Plan,fire
recovery efforts,proposed fee increases,Fall River Entrance construction and
campground and interpretive program operations.RMNP noted visitors were well
Board of Trustees —November 23,2027 —Page 3
spread out throughout the day with the timed entry system which aids in protecting
resources,adequately utilizes park infrastructure,and avoids traffic congestion
inside and outside RMNP.The proposed 2022 entry program would utilize the same
timed entry reservation system from 2021.Superintendent Sidles provided
additional updates on the East Troublesome fire recovery efforts,proposed entrance
and campground fee increase changes for 2022,the Fall River entrance
construction,and water and wastewater rehab infrastructure to begin in 2022.RMNP
anticipated reinstituting interpretive Ranger programs and opening all campgrounds
in 2022.Board questions have been summarized:concerns raised regarding the
daily vehicle entrance fee increase;a recommendation was made to develop a
graduated rate schedule based on size of vehicle with pollution impacts in mind;
clarification was requested for the 30%no show rate for reservations through the
summer of 2021;a suggestion was made to add information to RMNP’s website
related to alternative entrance options outside of the permit system;whether
construction would result in a closure to the Fall River entrance;if upgrades to the
Fall River entrance would bring in revenues lost from lack of staffing at the entrance;
concerns raised on the proposed increase in entrance fees compared to the revenue
lost due to lack of staffing at entrances;and whether RMNP can track declined
entrance numbers.
2.ESTES PARK WESTERN HERITAGE,INC.,FINANCIAL REPORT.Western
Heritage (WH)Board Chairman Mark Purdy provided an overview of the annual
financial report noting the success of the Rooftop Rodeo.2021 Rooftop Rodeo
highlights included:A new partnership with the Cowboy Channel to broadcast all
six nights of the event to a national audience;saloon sales increased approximately
40%;a new point of sale system was utilized;WH closed a chutes loan used to
replace the chutes at the arena and a record was set in number of participating rodeo
contestants and an accountant was hired to handle bookkeeping previously handled
in-house.Clarification was requested for sponsorship levels and incentives and how
in-kind donations are determined and by whom.Board concerns were stated and
have been summarized:Lack of separation from the Chairman and finances;
missing contracts which were directly requested by the Board;the financial report
being presented by the Chair not the Treasurer;the Treasure’s role as outlined in
WH’s bylaws and how financials were being handled.Town Administrator Machalek
suggested a meeting with WH,Trustee Cenac,and staff regarding the concerns
brought up at the meeting.
ACTION ITEMS:
7.RESOLUTION 83-21 COLORADO OPIOIDS SETTLEMENT MEMORANDUM OF
UNDERSTANDING (MOU).Nationwide sefflements have been reached with opioid
distributors Mckesson,Cardinal Health,AmerisourceBergen and manufacturer
Johnson &Johnson to resolve claims by state and local governments.The claims
being settled include those raised by local governments in a nationwide class action
suit.Staff recommended approval of the MOU and attachments.The Town would
be eligible for approximately $18,000 which would be required to be applied toward
existing programs focused on opioid treatment,recovery,prevention and other
similar programs.Staff recommended redirecting the Town’s share to the Region to
maximize use of the settlement funds to help address and abate the opioid crisis.It
was moved and seconded (MartchinklMacAlpine)to approve Resolution 83-21,
and it passed unanimously.
a ORDINANCE 1 7-21 AMENDING ESTES PARK MUNICIPAL CODE SECTION
2.20.010 COMPENSATION OF MAYOR,MAYOR PRO TEM.AND TRUSTEES.
Mayor Koenig opened the public hearing.Staff reviewed Board compensation at
the September 14,2021 and October 12,2021 study sessions to determine if
compensation for the newly elected Board member in April2022 should be adjusted.
At the Board’s direction,staff reviewed Board compensation to address an increase
in the cost of living,benefit cost increases,and to attract and expand the candidate
pool.Staff reviewed past market adjustments to the management pay family,merit
increases over the past four years,Larimer County living wage data,and the
projected increase in benefit cost and recommended an increase of $3,000 for the
Board of Trustees —November 23,2021 —Page 4
Mayor and Mayor Pro Tern ($15,000 and $13,000 respectively)and $2,000 for
Trustee ($11,000)to ensure the newly elected Board members stayed ahead the
market and benefit cost adjustments.The Board further requested staff review the
potential of providing incremental adjustments throughout the four-year term versus
providing the entire adjustment up front.After a legal review of the state statutes,it
was determined incremental increases during a Board members term would not be
allowed.Board discussion followed and concerns were raised on the proposed
adjustments to compensation,stating an increase of $1,500 for the Mayor and Mayor
Pro Tem and $1,000 for Trustee would be appropriate.There being no additional
Board comments or public comments the Mayor Koenig closed the public hearing.
It was moved and seconded (MartchinklKoenig)to approve Ordinance 17-27,
and the motion was not voted on as the substitute motion passed.
A substitute motion was moved and seconded (Younglund/MacAlpine)to amend
Ordinance 17-21 to reflect compensation for the Mayor at $13,500,Mayor Pro
Tern at $11,500,and Trustee at $10,000,and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 9:40 p.m.
Br’9ctoria Beers,Duty Town Clerk