HomeMy WebLinkAboutMINUTES Town Board 2024-11-26Town ofEstes Park, Larimer County, Colorado, November 26, 2024
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 26th day of November, 2024.
Present: Gary Hall, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Bill Brown
Kirby Hazelton
Mark Igel
Frank Lancaster
CindyYounglund
Also Present: Travis Machalek, Town Administrator
Bunny Victoria Beers, Deputy Town Clerk
Absent: Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Mayor Hall 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 (HazeltonA^ounglund) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
John Guffey/Town resident read a poem by Robert Frost to highlight and promote the
First People's Festival and the importance of respecting nature.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: Donations were encouraged
for the Police Auxiliary Blue Santa program; the importance of proper visibility for
pedestrians, bicyclist and motor vehicles to ensure safety for travelers of all kinds; Estes
Valley Fire Protection District held their Fire Academy graduation; the Estes Park Pet
Association invited the public to take photos with Santa and their pets as a fundraiser; the
public was encouraged to attend the upcoming Mayor Chat; the Tree Lighting Ceremony
was well attended and efforts were commended; Platte River Power Authority held a
Headquarters Tour for elected officials; Sister Cities have approximately ten students
participating in the spring of 2025 exchange program and are continuing to accept
applications; Restorative Justice continues to conduct Living Room conversations at the
Estes Park High School with topics including substance abuse and cell phone use,
revamping girls and boys discussion groups which was in abeyance due to COVID and
may create similar community conversation during the comprehensive plan changes;
Restorative Justice received donations from Northern Colorado Foundation and El Pomar
Foundation and encouraged participation in the Better To Go takeaway meal fundraiser
program in December; Visit Estes Park would hold their budget hearing at their upcoming
meeting; National Philanthropy Day was held; the public were encouraged to schedule
wildfire mitigation evaluations provided by the Estes Valley Fire Protection District; and
the public was encouraged to attend the Catch the Glow Parade.
TOWN ADMINISTRATOR REPORT.
1. 2025 TOWN BOARD MEETING DATE CHANGE. Town Administrator Machalek
requested Board consideration to reschedule the November 11, 2025 regular Study
Session and Town Board meeting to Wednesday, November 12, 2025 due to the
Veterans Day holiday to which the Board stated agreement.
Board of Trustees - November 26,2024 - Page 2
CONSENT AGENDA:
1. Bills.
2. Town Board Meeting and Study Session Minutes dated November 12,2024.
3. Estes Park Planning Commission Minutes dated October 15, 2024
(acknowledgment only).
4. Resolution 83-24 Contracts for Debris Removal and Hauling Services with:
• Ceres Environmental Services, Inc
• DRC Emergency Services, LLC
5. Resolution 84-24 Amendment to the Donation Agreement with the Estes Park
Museum Friends & Foundation, Inc., (EPMFF) for Staffing.
6. Resolution 85-24 Setting the Public Hearing for a New Hotel & Restaurant Liquor
License Application for Antlers Tavern LLC DBA Antlers Tavern, 145 E. Elkhorn
Avenue, Estes Park, Colorado.
It was moved and seconded (Hazelton/Cenac) to the Consent Agenda, and it passed
unanimously.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION STEMS:
A.RESOLUTION 86-24242 VIRGINIA DRIVE SUBDIVISION FINAL PLAT, CD
INVESTMENTS. LLC, OWNER/APPLICANT. Mayor Hall opened the public
hearing. Planner Hombeck presented the request to subdivide 242 Virginia
Drive into six residential townhome lots in the RM (Multifamily Residential)
zoning district. On August 27, 2024 the Town Board approved the preliminary
plat via Resolution 72-24 with conditions. He stated the site slopes down to
Virginia Drive, has three buildings with a total of six units. The proposal was
consistent with the standards of the Estes Park Development code for
subdivisions and subdivision standards. Highlights of the standards included:
the proposals relationship to the comprehensive plan; minimum lot size;overall
density; open space of 23% exceeds minimum required at 15%; access and
right-of-way; grading; and no geologic or wildfire hazards were present. He
stated the Town provides water and electric. Applicant Charles Bailey with
Cadamount Properties provided a presentation on the proposed subdivision.
Highlights of his presentation included attributes (paint color), proposed
building bedrooms, drainage, landscaping and the engineer plan, in response
to Board comments, juniper bushes would be replaced, and he highlighted
sidewalk and curb and gutter improvements. He spoke regarding housing
needs in the community and the units this project would provide. John
Guffey/Town resident spoke regarding improvements to the area and the
ecosystem as high priority for any developments. Kristine Poppitz/County
resident spoke against the resolution, highlighted Board responsibility to the
citizens, landscape changes if approved and impacts to the neighborhood.
The Board requested clarification on the drainage on the property to which
staff stated the property would be graded and the drainage plan did not reflect
any movement of water uphill and water flow onto neighboring properties
would happen in no greater amount than historic drainage patterns. Mayor Hall
closed the public hearing and it was moved and seconded
(Hazelton/Younglund) to approve Resolution 86-24, and it passed with
Mayor Hall voting "No".
ACTION ITEMS:
1. ORDINANCE 17-24 AMENDING CHAPTERS 3 AND 9 AND APPENDIX B OF THE
ESTES PARK DEVELOPMENT CODE PERTAINING TO PLANNED UNIT
DEVELOPMENT (PUD) AND VARIANCES. Mayor Hall opened the public hearing
Board of Trustees - November 26,2024 - Page 3
which was continued at the October 22, 2024 meeting with direction to staff on desired
changes to the ordinance. Changes included: limiting modifications for buildings
providing attainable/workforce housing units and with a lowered maximum height of
38 feet; eligible projects may utilize the attainable/workforce height bonus in
accordance with Development Code Section 4.3.D.6, a bonus currently only available
for properties zoned RM (Multifamily Residential); no change to the option for the
Community Development Director or Decision Maker to require a shadow study, line
of sight analysis, and similar studies; compatibility section includes parking and noise,
and a combined preliminary/final PUD process would be available to smaller projects
with 10 or fewer dwelling units or five acres or less in size. The ordinance was
summarized as follows: eliminates preliminary/final PUD process for small projects in-
lieu of a single application; allows PUDs in any non-residential zone rather than only
the Outlying Commercial (CO) zone; reduces minimum size to two acres rather than
three acres or property of any size with five or more units; reduces minimum open
space requirements for smaller properties using a tiered system; allows modifications
of building heights up to 38' for workforce/attainable housing units and parking
requirements with supporting parking study; prohibits variances for density of
accommodations uses in-lieu of a PUD process; adds standards for compatibility;
requires public benefits as a condition of approval. Staff stated the ordinance would
provide an interim fix for differences between the Comprehensive Plan's vision for
Mixed Use Centers and Corridors and the existing code's lack of zoning to implement
the vision; allow more properties to be eligible for PUD overlay, providing greater
opportunity for innovative designs, which could help address workforce housing
needs, and gives the Town Board authority to consider increased density for qualifying
accommodation uses.
Kristine Poppitz/County resident spoke regarding the impacts to the community if the
ordinance passed and requested the Board deny the item. John Guffey/Town resident
spoke regarding growth and his concerns for the elements of growth and encouraged
the Board to use what exists.
Board discussion ensued and has been summarized: questioned how the proposed
development would impact open space; the benefits of the flexibility of innovative
opportunities to address community needs for PUD applications; the changes were
identified as a great tool for the Town to utilize to meet community needs; and
questioned whether these changes would provide an advantage for developers or
applicants in the future or be used as a way to accelerate the development process.
Mayor Hall closed the public hearing. It was moved and seconded
(Brown/Younglund) to approve Ordinance 17-24, and it passed with Mayor Pro Tem
Cenac and Trustee Igel voting "No".
2. ORDINANCE 18-24 AMENDING CHAPTER 8.06 OF THE ESTES PARK
MUNICIPAL CODE REGARDING MAXIMUM PERMISSIBLE NOISE LEVELS.
Mayor Hall opened the public hearing. Town Administrator Machalek stated over the
past year, the Town had received feedback from members of the public expressing
concerns with the current noise ordinance. Specific concerns included the lack of
quantitative decibel standard, the ability of the Town Engineer to issue permits for
overnight construction work, and the lack of enforcement of the unreasonable noise
standard. After several meetings of Board discussion, staff prepared Ordinance 18-24
with the following proposed: Addition ofadecibel-based noise limit that varies by zone,
measured from the boundary of any receiving property (except public right-of-way);
measurement of noise which travels between zoning districts from the zone which the
noise originates; addition of an exception for waste pickup in the downtown
commercial zoning district between 6:00 a.m., and 10:00 p.m.; a change in the
approval authority for nighttime construction noise from the Town Engineer to the
Board of Trustees, and the addition of a provision for escalating fines for successive
violations. Staff stated decibel-based enforcement would require an investment in both
decibel meters and staff training. Dr. Kenneth Blehm, Colorado State University
professor specializing in noise exposure and industrial hygiene research was invited
to answer Board questions. Dr. Blehm spoke regarding property rights, the source of
noise and receiver impacts, and the elements and factors which impact noise levels.
Board comments and questions have been summarized: The best way to deterimine
Board of Trustees - November 26, 2024 - Page 4
noise levels and reductions in sound across distances; how can a property owner
manage sound at an emmitting property to reduce impact outside of the immediate
area; where the measurement of sound should be taken and what decibel level should
be used when measuring; how the differences between the Town and State levels
would impact the community; and questioned Dr. Blehm's knowledge and insight of
other ordinances or other trends in communities for noise enforcement, and whether
decibel based measurement can be enforcible. Dr. Blehm followed up comments by
stating sound decible levels should reduce by six decibels from a sound emitter
without any restrictions in a controlled enviorment. He confirmed there does not exist
a clear and consise way to determine how sound reduces over space due to the
numerous environmental factors impacting how sound travels.
Jenna MacGregor/Town resident and business owner spoke against the ordinance
stating limits to noise would negatively impact business operators; the Town should
adapt to the current conditions; businesses cannot control the volume heard
elsewhere; sound travels differently based on numerous variables; she questioned the
exemption for Town events; the existing difficulties for securing talent for local
businesses; residential decibel levels would limit parties or small private weddings and
visitation; and the Town should define reasonable/unreasonable and make it easier
for businesses to operate not harder.
Joanie Crockett/Town resident recommended measuring sound levels at the receiving
property, and spoke against the extended hours on the weekend to 11:00 p.m.
John Guffey/Town resident supported measuring noise at the emitters property. He
spoke regarding noise pollution from construction, entertainment and its impact on
animals and people.
Board discussion ensued regarding measuring sound at the emitting property or the
receiving property with Board support varying; changes were proposed to clarify
Section D related to unreasonable noise, and the environmental impacts which affect
noise making decibel based measurement difficult.
Trustee Brown moved to continue Ordinance 18-24 to December 10, 2024. No vote
was cast as the motion was not seconded and a substitute motion was passed.
It was moved and seconded (Younglund/Cenac) to deny Ordinance 18-24, and it
passed with Trustee Brown voting "No".
3. 6E FUNDING REQUEST FOR THEESTESVALLEY INVESTMENT IN CHILDHOOD
SUCCESS (EVICS) FAMILY RESOURCE CENTER. At the May 28, 2024 meeting
the Town awarded EVICS $150,000 for tuition assistance, to be granted in two
installments. The second installment of $75,000 was recently granted in October. Staff
requested Board direction on the request to reimburse EVICS for funds distributed for
tuition assistance during the months of January through April 2024 totalling $38,260
using 6E funding. Christina Craft/EVICS Board Member stated the reserves were used
to support families impacted by the CCAP freeze earlier in the year. The Board
requested clarification on why EVICS brought the request forward as this was
previously discussed during the May meeting. Board comments were heard regarding
budget constraints, commitments to represent the needs of the community, the
preseidence set when additional funding requests are received after a Board funding
decision, and whether there were any other Town funding sources to provide this
request to which staff responded no.
It was moved and seconded (Cenac/Lancaster) to continue the meeting past
10:00 p.m., and it passed with Trustees Brown, Igel and Younglund voting "No".
After further Board discussion, it was moved and seconded (Cenac/Lancaster) to
approve the funding request for EVICS Family Resource Center for $38,260 in
2024 utilizing 6E Funds, and it passed with Trustees Hazelton, Igel and Younglund
voting "No".
Board of Trustees - November 26,2024 - Page 5
4. 2025 STRATEGIC PLAN ADOPTION. The Town Board held two strategic planning
sessions on May 31 and June 18 to establish a strategic plan for 2025. The provisional
2025 Strategic Plan guided Town departments in the development of the budget for
2025. The plan included numerous edits based on resource allocation decisions and
ongoing discussions. Objectives were removed due to decision packages not being
funded during the budget process. There being no Board discussion, it was moved
and seconded (Brown/Cenac) to approve the 2025 Strategic Plan, and it passed
unanimously.
Whereupon Mayor Hall adjourned the meeting at 10:21 p.m
Gary Hall,
ictoria Beers, Deputy Town Clerk