HomeMy WebLinkAboutPACKET Town Board 2021-08-10The Mission of the Town of Estes Park is to provide high‐quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, August 10, 2021
7:00 p.m.
Board Room
170 MacGregor Avenue
Estes Park, CO 80517
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Tuesday, August 10, 2021. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
OPTIONAL REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING
Remote options for participation in the meeting will be available by call-in telephone option or online
via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available
at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”.
Individuals participating in the Zoom session should also watch the meeting through that site, and not
via the website, due to the streaming delay and possible audio interference.
CALL-IN (TELEPHONE OPTION):877-853-5257 (toll-free) Webinar ID: 982 1690 2040
ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated July 27, 2021 and Town Board Study Session Minutes
dated July 27, 2021.
3. Parks Advisory Minutes dated May 20, 2021 (acknowledgement only).
4. Transportation Advisory Minutes dated June 16, 2021 (acknowledgement only).
Prepared 07-30-2021
*Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
5. Resolution 62-21 Setting a Show Cause Liquor Hearing for Galex LLC dba Chelitos
Mexican Restaurant, 145 E. Elkhorn Avenue, Hotel and Restaurant Liquor License on
September 14, 2021.
ACTION ITEMS:
1. ORDINANCE 11-21 AMENDING CHAPTER 13.24 OF THE ESTES PARK
MUNICIPAL CODE REGARDING AGREEMENTS TO PROVIDE RAW WATER.
Director Bergsten and Superintendent Eshelman.
An ordinance requiring Board approval of long-term water agreements and requiring
properties to connect to the Town water system in lieu of the Town providing
replacement water.
REQUEST TO ENTER EXECUTIVE SESSION:
For discussion of specialized details of security arrangements or investigations –
Section 24-5-402(4)(d). C.R.S. – Regarding Board Security.
ADJOURN.
Town of Estes Park, Larimer County, Colorado, July 27, 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 in said Town
of Estes Park on the 27th day of July, 2021.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Koeing called the regular 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 (Cenac/Younglund) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
John Meissner/Town citizen thanked the Town Board for once again holding open
meetings. He spoke in favor of the oral history project and stated the importance of
good interviewers, the need to complete histories when individuals are younger, and the
need to scale the project up. He suggested a booth at the Museum for people to
provide additional history of Estes Park.
Nathan Welton/County citizen commented the new Environmental Sustainability Task
Force should include a wide demographic and include visionary leaders who can
address issues related to climate change.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Planning Commission
discussed building heights, flooding and federal laws related to floodways, floodproofing
buildings, and accessory dwelling units; CompPAC heard a presentation from Fire Chief
Wolf on wildfire and its impacts on the community; a number of Board members
attended the Grand opening of the Estes Park Housing Authority’s new Peak View
workforce housing complex; bold decisions are needed as it relates to housing to
maintain economic sustainability; the Policy Auxiliary welcomed new members;
announced Laurie Dale Marshall as the new EVICS Executive Director and Cato Kraft
the new EPNRC Executive Director; the Parks Advisory Board (PAB) to submit a letter
outlining PAB’s priorities; and the local businesses are experiencing a crisis with the
lack of employees.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek introduced Jessica Garner as the new Community
Development Director. He stated she would be working with Director Hunt to develop a
transition plan prior to his retirement on October 1, 2021.
Town Administrator Machalek provided a policy governance monitoring report for Policy
3.3, 3.12 and 3.13 and reported compliance with the exception the Medical Fund due to
unforeseen claims at the end of 2020. DRAFTPage 3
Board of Trustees – July 27, 2021 – Page 2
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated July 13, 2021, Town Board Study Session Minutes
dated July 13, 2021, Joint Town Board Study Session Minutes dated July 8,
2021, and Special Study Session Minutes dated July 21, 2021.
3. Comprehensive Plan Advisory Committee Minutes dated June 10, 2021, June
24, 2021 and July 8, 2021 (acknowledgement only).
4. Resolution 61-21 Approving a Memorandum of Understanding for Restorative
Justice Services with the Estes Valley Restorative Justice and the Estes Valley
Fire Protection District.
5. Acceptance of Town Administrator Policy Governance Monitoring Report.
It was moved and seconded (Webermeier/Bangs) to approve the Consent
Agenda, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. WESTERN AREA POWER ADMINISTRATION ESTES FLATIRON 115
KILOVOLTS LINE CONSTRUCTION REPORT. Platte River Power Authority
and Western Area Power Administration provided an overview of future electric
transmission service to Estes Park’s distribution system and outlined the impacts
to Estes Park’s future electric service reliability and redundancy. The public
process started in 2012 and the environmental review concluded in 2019 and
examined eight alternatives including taking no action.
ACTION ITEMS:
1. ORDINANCE 10-21 APPROVING THE TRANSFER OF 32 COLORADO BIG
THOMPSON PROJECT WATER UNITS FROM THE YMCA OF THE ROCKIES
TO THE TOWN. Superintendent Eshelman presented an ordinance to transfer
32 Colorado Big Thompson (CBT) project water units from the YMCA to the
Town of Estes Park as a provision of the water service agreement approved by
the Town Board on June 22, 2021 through Ordinance 09-21. It was moved and
seconded (Webermeier/Bangs) to approve Ordinance 10-21, and it passed
unanimously.
2. ENVIRONMENTAL SUSTAINABILITY TASK FORCE APPOINTMENTS. Town
Clerk Williamson presented the recommendations of the interview committee,
Mayor Koenig and Trustee MacAlpine, for the newly formed Task Force. It was
moved and seconded (Cenac/Younglund) to approve the appointments of
Thomas Beck, David Diggs, Patricia Donahue, William Fryer, Lisa Hutchins,
Thomas Keck, Gordon MacAlpine, Doug Sacarto, and Barbara Werner, and
it passed unanimously.
3. RESOLUTION 60-21 APPROVING THE ADOPTION OF THE LARIMER
COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN. Lieutenant
Life presented an update to the Multi-Jurisdictional Hazard Mitigation Plan which
requires adoption by the local jurisdictions prior to acceptance by FEMA. The
original plan was adopted in 2016 and must be updated to meet new standards
and to improve the ability to respond to natural, man-made and hazardous
materials incidences. It was moved and seconded (Younglund/MacAlpine) to
approve Resolution 60-21, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 8:16 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk DRAFTPage 4
Town of Estes Park, Larimer County, Colorado July 27, 2021
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 27th day of July, 2021.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Webermeier, and Younglund
Attending: All
Also Attending: Town Administrator Machalek, Assistant Town
Administrator Damweber, Town Attorney Kramer and
Recording Secretary Disney
Absent: None.
Mayor Koenig called the meeting to order at 5:30 p.m.
FACILITIES MASTER PLAN OPPORTUNITY SITES.
Manager Landkamer introduced the team and presented opportunity sites for future
civic operations as part of the Facilities Master Plan. The team provided a background
of the plan, highlighted opportunity sites, a civic campus, stakeholder engagement,
financial implications, public outreach, and next steps for the plan.
The Board discussed the possibilities of a civic campus, entities which would be
included in a civic campus, approximate size needed for a civic campus, positives and
negatives of moving Town Hall out of the downtown corridor, funding mechanisms,
mixed use of the current Town Hall property, and the process of “right of first refusal”.
ORAL HISTORY PROGRAM DISCUSSION.
Director Fortini provided an update on the Oral History Program. He outlined the
background on oral histories which have been recorded, previous oral history projects,
museum space to conduct recordings, funding, anticipated oral history recordings for
2021, and the selection process of oral history participants.
The Board discussed the oral histories which were available online, potential budgeting,
and current staff capacity to complete interviews.
TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested and it was determined to schedule the
Stormwater Utilities in Colorado and Stormwater Infrastructure Maintenance discussion
for August 24, 2021, and the Western Heritage Memorandum of Understanding
discussion for September 22, 2021. Town Administrator Machalek stated the Vacation
Home Philosophy discussion would be scheduled for either meeting in August.
Mayor Koenig questioned the status of the Downtown Loop updates and Town
Administrator Machalek stated work continues and an update would be provided to the
Board once plans have reached 95% completion.
There being no further business, Mayor Koenig adjourned the meeting at 6:15 p.m.
Kimberly Disney, Recording Secretary DRAFTPage 5
Page 6
Town of Estes Park, Larimer County, Colorado, May 20, 2021
Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said
Town of Estes Park on the 20th day of May 2021.
Committee: Geoffrey Elliot Chair, Rex Poggenpohl Vice Chair, Kirby
Nelson-Hazelton, Vicki Papineau, Ron Wilcocks
Attending: Geoffrey Elliot, Kirby Nelson-Hazelton, Rex Poggenpohl, Ron
Wilcocks, Brian Berg, Town Board Trustee Marie Cenac
Absent: Vicki Papineau
Chair Elliot called the meeting to order at 8:35 a.m.
PUBLIC COMMENT
No public comment.
APPROVAL OF MINUTES
A motion was made and seconded (Hazelton /Wilcocks) to approve the March and April
meeting minutes and all were in favor.
AIPP APPLICATIONS
The first AIPP Application reviewed was for the annual yarn bombing. With the same
stipulations as in years past, a motion was made and seconded (Wilcocks/Hazelton) and
all were in favor.
The second AIPP Application reviewed was for the Women’s Monument Project. Member
Wilcocks shared that the Women’s Monument Committee (“committee”) is on-track for
installation and dedication in late August or early September. The committee has raised
90% of all funds needed for the project. Wilcocks will be installing a sign near the project
to inform them of what is being installed. The contract has been signed by all parties and
the artist is on-track to coordinate with Supervisor Berg regarding site work. Wilcocks will
keep the PAB informed as to the date of the dedication and plans to invite the newspaper.
A motion was made and seconded (Hazelton/Poggenpohl) to approve the Women’s
Monument Project application and all were in favor. The PAB members extended their
appreciation and congratulations to Wilcocks and his committee for the work done and
the fundraising success. Wilcocks reminded the group that it was the excellent teamwork
of all the members on the committee that made this successful.
2021 PAB INITIATIVES
Tree City USA: Chair Elliot extended his thanks to Vice Chair Poggenpohl and member
Papineau for their help with the Arbor Day Activity. An Arbor Day update will be shared
subsequent to this update.
Public Art: Today there were two AIPP Applications reviewed and approved.
ARBOR DAY UPDATE
Poggenpohl stated that the Arbor Day event at the Estes Valley Library was much more
successful and popular than he’d anticipated. He shared there was a line of 25 people
waiting to get the free tree saplings. Member Papineau started earlier than planned and
ran out of the saplings within 40 minutes. For added success, the next event should have
at least twice as many saplings. There was only one sapling handed out per family, but it
would be better to give out more where appropriate. The members also p rovided
guidance on how to plant for success. There were approximately 30 disappointed people
due to the lack of saplings.
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Parks Advisory Board – May 20, 2021 – Page 2
AIPP UPDATES
Poggenpohl shared his disappointment in the information provided to the Town Board.
He stated it has been months since he was able to present information to the Trustees
and feels it’s important to update them on what the PAB is behind, related to the AIPP
program. The PAB proceeded to review Member Wilcock’s comments.
Supervisor Berg thought it would be best to have dollar values associated with this
recommendation. Poggenpohl’s document shows a +/- 5%. Berg suggested indicating
where the dollars will come from so a price would be needed.
Wilcocks shared that there has been nothing but consistent support for the adopted
Downtown Plan (DP). Within the DP there are dozens of citations about how public art
needs pursued including the Town incentivizing developers for promotion of public art.
The DP directly states that the Town should be supporting art in many different ways.
Poggenpohl’s shared that direct feedback from the Trustees does not support
construction dollars. Wilcocks stated that regardless, the DP is what has been adopted.
If the new Trustees don’t like what it says, they need to bring back to Town B oard and
vote to disregard the DP.
Chair Elliot stated a key distinction is incentivization versus requirement of construction
costs, etc. Wilcocks agrees but landscaping is mandatory and the developer/contractor
could install public art instead of the landscaping. Berg agreed with all comments and
stated there may be potential for a percentage of development that could still be
considered. The PAB agreed this idea should move forward and let the Trustees decide.
Poggenpohl recommended not suggesting a percentage of construction costs as it may
sink all funding. Wilcocks fine with waiting on this item but doesn’t want to disregard the
DP’s true purpose. The DP was intended to be the guiding force for our plans for
downtown. The pushback indicates there is potential that not all of the Trustees have read
the DP. Hazelton believes it would be beneficial to provide a gentle reminder to the
Trustees of what has already been approved for our downtown, and that a unanimous
decision was made.
Liaison Cenac believes a review and discussion with the newer Trustees will help educate
the decisions made. The PAB agreed and a motion was made and seconded
(Wilcocks/Hazelton) to request Town Board Study Session discussion of the Downtown
Plan for new members. Supervisor Berg shared that once the discussion has occurred, it
would then be appropriate to call out the specific items from the DP. Before all members
could vote in favor or against, Poggenpohl makes different approach be taken. He
recommends the AIPP funding update be reviewed at a study session prior to the review
of the DP. Hazelton requested thoughts from Cenac. Cenac stated she can give the option
of both but states it is more difficult to look at an update without the benefit of knowledge
of the approved plan. Poggenpohl’s point is that the AIPP is for all community art and the
DP focuses on Town-owned parks and land. Although both need addressed, the PAB is
tasked with AIPP. Wilcocks is accepting of the different approach. The original motion
was withdrawn. Cenac shared that although the AIPP and the DP may bridge, the items
will require separate study sessions.
A formal motion was made to amend the existing motion to request 2 study sessions.
First to provide an AIPP update from the PAB, and the second to discuss DP’s art for the
broader community. Three members were in favor and one opposed.
Moving on, the PAB discussed Wilcock’s feedback about creating an Art Master Plan in-
house rather than spending funding on consultants. Wilcocks feels strongly about it based
on all the community support shown for the Women’s Monument Project. The community
art representatives have shown a lot of excitement and Wilcocks understands that the art
community is willing and able to participate in matters of a rt.
The original study session regarding AIPP funding proved the Trustees did not want to
deal with another committee based on the opposition to the creation of an Arts Advisory
Committee. Regarding the Art Master Plan, Berg stated that the item causing P ublic
Works pause with only the art community working through a Master Plan is that if done
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Parks Advisory Board – May 20, 2021 – Page 3
by a board or committee, Town staff must be involved and provide representation. The
Town Board directs work performed by staff. Poggenpohl stated that Town support is
necessary, therefore the PAB should proceed with in -house work or a grant to fund a
consultant. Hazelton stressed to the group that outside or grant-funded assistance would
be best as she doesn’t believe the PAB should direct staff or add additional wo rk to staff.
Poggenpohl stated that due to timing, applying for and receiving grant funding and outside
assistance would mean submitting the grant application this Fall for subsequent year
funding. If using the local arts community, Wilcocks may be able to do it quicker. Trustees’
feedback was they wanted official art organizations involved, but weren’t enthusiastic
about every artist in Town being involved due to the numbers.
Elliot stated that having a polished Master Plan at the initial presentation would be better
than going a different direction. He recommended continued work on the existing
whitepaper for added whitepaper discussions at the next regularly scheduled PAB
meeting. All related motions for this initiative are tabled until the whitepaper is in final
form.
ENVIRONMENTAL ADVISORY TASK FORCE
Poggenpohl wrote a personal letter regarding the new committee being defined for
environmental items (recycling, renewable energy, etc.), created in reaction to public
comments. Poggenpohl believed the Town should think more ecologically. He received a
call from a Trustee stating they are not only thinking about renewable energy and
recycling, but are thinking more broadly and stated the Town is working to be more
comprehensive. The Trustee also relayed that one individual in the Town Administrator’s
Office, as well as a Trustee stated they already have their hands full.
Poggenpohl said that as the Trustees indicated, a task force is needed to identify what is
needed to carry through long-term. Elliot shared that may be the best approach for an
Arts Advisory Task Force.
Cenac feels there is already too much on PAB’s plate. While there may be some
environmental items that fall under PAB, some will certainly not. A task force would be
able to identify from where these items need managed.
THUMB OPEN SPACE UPDATE
Supervisor Berg shared that everything is on-track for purchase closing on May 26. There
has been much back and forth with the title company and all paperwork is now in order.
The items remaining include obtaining an ecological study, work with the Access Fund
and Rocky Mountain Conservancy regarding the trail portion of the project.
Work is under way to publish the solicitation of a consultant to create the Thumb Open
Space Master Plan. Town staff has too little time available and too few staff to be the
creators of the Master Plan.
PARKS DIVISION UPDATES (Parks Supervisor Brian Berg)
Parks staff is very busy, performing as much work as possible within the established
timeline. The Parks Division is still working with half the seasonal staff from other years.
The plants currently in the greenhouse will be coming out in June and the annuals will
be planted the second week of June. Once an electrical issue at the MacGregor
roundabout is corrected with the irrigation, planting in that area will begin.
• The Big Thompson Recreation Area is holding as staff work through the
Community Development process. Looking for approval/denial next month.
• Site work for the Women’s Monument Project will be coming in the near future
• The Parks Division irrigation staff is heavily involved in the parking signage
installation. Irrigation is repeatedly hit and Parks staff make the needed repairs.
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Parks Advisory Board – May 20, 2021 – Page 4
• The Parks Division staff will also be adding irrigation to the MacGregor wall.
OTHER BUSINESS
Chair Elliot will be out of town during the June 17 meeting. Vice-Chair Poggenpohl will
be unable to chair the meeting that day as he too will be out of town. It was decided that
the meeting would be moved to Tuesday June 15.
A motion was made and seconded (Hazelten/Poggenpohl) to adjourn the meeting at
9:56 a.m. and all were in favor.
Megan Van Hoozer, Recording Secretary
Page 10
Town of Estes Park, Larimer County, Colorado, June 16, 2021
Minutes of a Regular meeting of the Transportation Advisory Board of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtually on the
16th day of June 2021.
Committee: Belle Morris, Tom Street, Ann Finley, Larry Gamble, Linda
Hanick, Scott Moulton, Gordon Slack
Attending: Belle Morris, Tom Street, Ann Finley, Larry Gamble, Linda
Hanick, Scott Moulton, Gordon Slack, Public Works Director
Greg Muhonen, Engineering Mgr. David Hook, Parking &
Transit Mgr. Vanessa Solesbee, The Car Park Matt
Eisenberg, Rocky Mountain National Park John Hannon,
Pedi-Cab Business Owner Ryan Hale, Town Board Trustee
Carlie Bangs
Absent:
Chair Morris called the meeting to order at 12:05 p.m.
PUBLIC COMMENT
No electronic submissions of public comment were received prior to the deadline and no
public was in attendance.
APPROVAL OF MINUTES
A motion was made and seconded (Slack/Gamble) to approve the May meeting minutes
with edits and all were in favor.
PEDI-CAB IN ESTES PARK (Ryan Hale, Pedicab Business Owner)
Chair Morris introduced Ryan Hale, owner of the local pedicab business. Hale’s
participation and discussion today is intended to introduce members to another
transportation mode as part of a multimodal discussion and share its successes and
challenges.
Hale shared that he owns Hale Pedicab. He stated that when he previously worked as a
Community Service Officer (CSO), he saw someone walking from the parking structure
to Performance Park at the opposite end of downtown. He concluded that short-
distance transportation services would be helpful to many individuals. The pedicab
business runs on zero emissions, using only leg power and serves the Estes Park
downtown area. Additionally, pedicabs are made in Broomfield, Colorado. The original
individuals operating Hale’s Pedicab now both have employment that is not conducive
to continuing the performance of short-distance travel services. The pedicab, when
operating is now provided as a public service, with rides being free and tips being
welcomed. Hale invested $6K in the pedicabs. While it is now more of a hobby, Hale
would love to see 2 dozen pedicabs downtown. He was able to earn back his
investment in the first year of pedicab service.
Member Hanick asked if people have the ability to call and request a ride. Hale stated
that those seeking a ride can contact 970-215-4030 to make their request. At this time
there is no existing website or Facebook page, however business cards are available
and much of his service is generated based on word-of-mouth.
Member Gamble extended his appreciation for Hale’s time in presenting to the TAB. He
then asked Hale what demand he feels is accurate and how many pedicabs would be
required to meet the demand. Hale stated that the service period would be May through
October. Hale explained the business thoughts behind the plan, but stated it is difficult
to determine business potential.
Member Slack recommended Hale attend the upcoming Bike to Work day to visit with
other participants.
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Transportation Advisory Board – June 16, 2021 – Page 2
BYLAW TEMPLATE & POLICY 102 DISCUSSION (Director Greg Muhonen)
The TAB has been working on bylaw updates for well over a year and have
spearheaded much change. Muhonen shared that the recommended changes by TAB
carried through to other advisory boards. The Code of Conduct and Job Description
triggered broader discussion. Eventually the discussion resulted in a new template, with
the Code of Conduct and Job Description being added to Policy 102 which is applicable
to all Town advisory boards. Relating to process, the bylaws currently identify that if any
revisions are made, 20 days must be allowed for review and comment. Muhonen asked
the TAB to review the information, to be sent after the meeting, and be ready to discuss
and vote at July meeting. Muhonen reminded the TAB that staff have limited discretion
on changing the bylaws.
COMPLETE STREETS POLICY DISCUSSION (Chair Belle Morris)
Referencing last month’s discussion, a street hierarchy needs to be determined. Morris
requested Director Muhonen guide the discussion. Muhonen stated the thought process
behind the suggestion for added discussion spun from a couple things. The first being
the Safe Routes to School Task Force evaluated the pedestrian facilities within one mile
of the school, and had many findings. Although it is not reasonable to add sidewalks to
every street in Town, the policy doesn’t clarify. The types of transportation modes on
defined types of streets needs to be determined. The determination basically comes
down to the average daily traffic in a given location. There are a variety of modes that
the policy does not address, making the policy not accommodating, but restrictive.
Morris agrees that based on the Task Force’s street survey, the improvements and
desired upgrades would be very expensive and time consuming. The Task force
identified a type of ranking and hierarchy during the walking audits which may be a
good starting point. Member Gamble agreed and stated that the definition of a street,
within the policy, is a bit broad and concurred with Muhonen that a hierarchy should be
well-defined.
Member Slack has understood that the current policy is working well, although only
used a couple times. Muhonen stated the importance of defining this is due to the
communications and comments that have been made indicating the policy is not being
satisfied. TAB can attack this proactively and provide suggestions to staff or when staff
is ready to implement new street standards, get involved at that time, either perform
proactively or reactively. Slack further stated that Graves Avenue is a high-traffic street
both for pedestrians and vehicles and suggested leaving it to Public Works to make the
decisions on how to implement the projects.
Morris stated that, for the Graves Avenue Improvements, the presentation only provided
3 options and the fact that there were no bike lanes was startling. The modifications to
the designs were still not acceptable.
Manager Hook offered his thoughts, stating that there had not been many applications
of the policy. Although the policy was not created perfectly, these early applications
have brought improvement opportunities to light and has initiated conversation. Work on
the Complete Streets Policy will continue without great urgency. Morris agrees this is
not a TAB top priority and recommended reviewing the policy again in December.
Gamble stated that, based on feedback from Greg and knowing that the Complete
Streets checklist has been used, there aren’t many modifications needed.
PARKING & TRANSIT UPDATES (Parking & Transit Mgr. Vanessa Solesbee, The Car
Park Mgr. Matt Eisenberg)
Parking:
Eisenberg shared information about the paid parking program launch, improvements,
and successes. Key Performance Indicator (KPI) Dashboard is now available on the
Town’s website.
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Transportation Advisory Board – June 16, 2021 – Page 3
Identified areas for improvement: The signs are too high, are hard to read, and it is
difficult to scan the QR codes. Feedback has also been received stating that the signs
are confusing.
Compliance: The Car Park has not seen the level of compliance expected. There are
25-40% of vehicles that are not paying or are not displaying the proper permit. Although
improved signage may help, there is also a need for increased enforcement.
Estes Parking App: Individuals that own the newer iOS Apple phones are having
difficulty with the app. The Car Park is working with their vendor to correct the issues.
Public Outreach – The Car Park and Town parking staff continue to communicate with
individuals around town. Eisenberg has been walking into businesses to ask how
everything is going. Additional steps are forthcoming.
Eisenberg then listed the successes with this year’s program:
• Since May 28 the free lots are up 48% in occupancy
• When viewing the peripheral lots it is showing occupancy in the parking structure
is up nearly 50%
• The average revenue is at $5,614 per day which is good, but an increase is
expected beginning in July
• Mobile Payment Adoption is at 49%. Eisenberg shared that when working in
Boise, Idaho the adoption was only at 20-30%.
Solesbee stated that the Parking & Transit Division is also tracking all comments
received from residents and visitors and qualitative perspectives to share with the Town
Board. Member Slack stated that he has witnessed, when driving through the lots, that
there are actually open parking spaces, specifically in the Town Hall lot which hasn’t
been seen in the past. This is a good sign and has achieved the desired result.
Solesbee stated she’s received this feedback as well.
Member Hanick also feels the program is a success. She added that the only real
problem is the Public Relations part of it, identifying that the signage definitely needs
work. She reminded the TAB that the average reading is at a 4th grade level. Hanick
also stated that the signs do not contain enough information, adding that they need
hours of required pay and the charge. Managers Solesbee and Eisenberg are working
toward solutions for signage improvement.
Vice Chair Street has seen individuals lined up at the payment kiosks, adding some
people don’t know they can use their phone to pay until they get to the kiosk. Street is
still hoping the congestion lessens as was anticipated as being one of the points of paid
parking. Eisenberg suggested that once the wayfinding signage is installed, it may help
this situation. Muhonen will be working to establish traffic counts and has hired a traffic
counting company to perform these measures. Once completed, Muhonen will perform
a comparative analysis of past years.
Transit:
Solesbee shared that on July 3 there will be a ribbon-cutting for new trolley and the
launch of Bustang services. Solesbee invited all to attend.
Public Works would like to pursue FTA funding 5311 operating dollars. The Town is
eligible and the Town’s Grant Specialist Christy Crosser will help complete and submit
the grant application. The additional funding totals $360K with no required match.
ENGINEERING UPDATES (Engineering Mgr. David Hook)
Manager Hook provided project updates since the last meeting.
Parking Wayfinding:
Phase 1 destination signage installation is complete. The Phase 2 directional signage is
scheduled to begin with installation next week. This phase includes the street name
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Transportation Advisory Board – June 16, 2021 – Page 4
signs being installed that are located on mast arms, with the color and formatting of the
other recently installed signage.
Graves Avenue Improvements:
A Virtual Open House was held since the May TAB meeting with 2 weeks allotted to
provide input. There were also 2 different in-person open houses resulting in excellent
turnout. The North side improvements received the highest ranks and the design
concept is moving forward. The options presented have been merged resulting in the
following plan: Extend the existing 5’ sidewalk on the North side; slim down travel lanes;
maintain parking on both the North and South side. Install 10’ sidewalk on the South
side. This work will be done using a phased approach as the budget for this project has
been far exceeded with the suggested changes. The next opportunity for a Safe Routes
to School (SRTS) grant would provide for improvements not captured in the initial
phase, as well as provide for trail improvements along Community Drive for trail
connectivity.
PROJECT / ADMINISTRATION UPDATES (Public Works Director Greg Muhonen)
Muhonen shared that advisory boards have been released to meet in-person after the
first Town Board meeting is held in-person, potentially occurring in July but may not be
until August.
There is a funding shortfall for the Community Dr./US 36 Roundabout. There is however
a Federal Invest in America grant opportunity for $850K. Additionally there is an
opportunity for a Revitalizing Main Street Large Project Grant with a cap of $2M per
agency. An application has been made for $1.7M to aid in the funding of this project.
Muhonen provided the TAB with an update on the 2022 Strategic Plan and 2022
Budget. A special study session was held on Monday to go through the proposed 1-year
objectives. Once the information is received by Public Works, the information will be
distributed to the TAB, allowing an opportunity to provide feedback to the Town Board
prior to the July deadline.
OTHER BUSINESS (Chair, Belle Morris)
There being no further business, Chair Morris adjourned the meeting at 2:13 p.m.
Megan Van Hoozer, Recording Secretary
Page 14
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: August 10, 2021
RE: Resolution 62-21 Scheduling a Show Cause Liquor Hearing for Galex LLC
dba Chelitos Mexican Restaurant, 145 E. Elkhorn Avenue, Hotel and
Restaurant Liquor License on September 14, 2021.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER – Policy Revision
QUASI-JUDICIAL YES NO
Objective:
To set a Show Cause Hearing for Chelitos Mexican Restaurant pursuant to liquor code
violations.
Present Situation:
The Town has received notice from the Estes Park Police Department of liquor code
violations that have occurred at Chelitos Mexican restaurant on July 15, 2021 in which
an employee of the establishment permitted the sale, serving, giving, or procuring of an
alcohol beverage to a visibly intoxicated person. The licensee has also been cited for
failing to register a liquor license manager.
All substantial liquor license violations will be scheduled for a Show Cause hearing. The
proposed Resolution sets the Show Cause hearing for September 14, 2021 Town Board
meeting. Once the hearing is set an Order to Show Cause and Notice of Hearing will be
issued to the Licensee.
Proposal:
To set the Show Cause Hearing as outlined in the Resolution.
Advantages:
• To bring the violations forward to the Town Board for consideration.
Disadvantages:
• The violations would remain outstanding.
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Action Recommended:
Approve Resolution 62-21
Budget:
No direct costs.
Level of Public Interest:
Low.
Sample Motion:
I approve/deny Resolution 62-21
Attachments:
1. Resolution 62-21.
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RESOLUTION 62-21
SCHEDULING A SHOW CAUSE LIQUOR HEARING FOR GALEX LLC DBA
CHELITOS MEXICAN RESTAURANT, 145 E ELKHORN AVENUE, HOTEL AND
RESTAURANT LIQUOR LICENSE ON SEPTEMBER 14, 2021
WHEREAS, a complaint by the Estes Park Police Department was presented to the
Trustees of the Town of Estes Park on August 10, 2021 charging GALEX LLC dba
CHELITOS MEXICAN RESTAURANT, a HOTEL & RESTAURANT LIQUOR LICENSE,
LIQUOR LICENSE NO. 42-68041-0000 with certain violations of the statutes of the State
of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor
Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
to believe that the aforementioned Licensee has violated one or more of the statutes
and/or rules and regulations governing the operations of the license as more fully set forth
in the complaint; and
WHEREAS, the Board believes it is necessary to hold a hearing and issue an
Order to Show Cause why the aforementioned license should not be suspended or
revoked due to the violations presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 44-3-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 14, 2021 at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
GALEX LLC
D/B/A CHELITOS MEXICAN RESTAURANT
145 E. ELKHORN AVENUE
P.O. BOX 3345
ESTES PARK, COLORADO 80517
ATTACHMENT 1
Page 17
DATED this day of ____________, 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 18
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1.MAYOR.
The next order of business will be the public hearing on ACTION ITEM 1.
ORDINANCE 11-21 AMENDING CHAPTER 13.24 OF THE ESTES PARK
MUNICIPAL CODE REGARDING AGREEMENTS TO PROVIDE RAW WATER.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT.
Review the staff report.
3.PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4.MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7.SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
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8.DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9.VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
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UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten, Superintendent Eshelman
Date: August 10, 2021
RE: Ordinance 11-21 Amending Chapter 13.24 of the Estes Park Municipal
Code Regarding Agreements to Provide Raw Water
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To ensure responsible management of our water resources by requiring Town Board
approval for raw water agreements lasting more than one year.
Present Situation:
The Town owns 300 acre-feet of Windy Gap water rights. Windy Gap water can fulfill
augmentation plan requirements for replacement water. The Town has occasionally
entered into long-term agreements with entities to supply replacement water. The most
recent agreements were: Preuss (July 2020), Idlewild (April 2019), Cheley Camp (May
2012). These raw water lease agreements are beneficial to the local economy and the
surrounding communities; however, they do tie up our water rights.
Staff foresees an increase in the number of replacement water requests as the State
Water Commissioner increases their effort to audit augmentation plans. Their audits
included private wells.
Proposal:
Staff proposes requiring Town Board approval of raw water agreements lasting longer
than one year. Additionally, staff shall not process raw water agreements for properties
that could reasonably connect to the Town’s water system.
Advantages:
•Continues the Town’s practice of supplying replacement water which supports
the local and surrounding economy
•Reduces the administrative workload required to account for water use and
augmentation
•Supports the responsible management of water through the Town’s water system
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•Improves the Water Division’s economy of scale
Disadvantages:
•Requiring properties to connect to our system might appear heavy-handed;
however, their alternative requires them to pay an engineering firm to develop an
augmentation plan, hire a lawyer to process the augmentation through water
court, and secure replacement water from the Town.
Action Recommended:
Staff recommends approval of the ordinance.
Finance/Resource Impact:
Not applicable
Level of Public Interest
Low
Sample Motion:
I move for the approval of Ordinance 11-21.
Attachments:
1. Ordinance 11-21
Page 22
ORDINANCE NO. 11-21
AN ORDINANCE AMENDING CHAPTER 13.24 OF THE ESTES PARK MUNICIPAL
CODE REGARDING AGREEMENTS TO PROVIDE RAW WATER
WHEREAS, the Town Board desires to clarify policy regarding new agreements
for the Town to provide raw water.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Section 13.24.130 is hereby added to the Estes Park Municipal Code,
to read as follows:
13.24.130 - Agreements to provide raw water.
(a)Agreements for the Town to provide raw water for more than one year shall
require approval of the Board of Trustees. The Director or Water
Superintendent may enter the Town into agreements for the Town to provide
raw water for up to one year, upon determining that the agreement will benefit
the Town and its water customers.
(b)Notwithstanding the foregoing, unless otherwise directed by the Board of
Trustees, Town staff shall not accept or process requests for new agreements
to provide raw water, either for direct use or by way of augmentation, for
properties to which Town water service could feasibly be extended in the
determination of the Director. The Director shall presume that any property is
within feasible reach of the system, and the burden shall be on the person
requesting the water to demonstrate to the Director’s satisfaction that
topographic, geological, or other elements make the extension infeasible. This
prohibition shall not apply to agreements to supply raw water solely for
agricultural or irrigation purposes.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2021.
ATTACHMENT 1
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TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2021 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2021, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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