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HomeMy WebLinkAboutMINUTES Town Board 2025-06-24Town ofEstes Park, Larimer County, Colorado, June 24, 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 24th day of June, 2025. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Frank Lancaster Mark Igel CindyYounglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Greg White, Special Counsel Jackie Williamson, Town Clerk Absent: Dan Kramer, Town Attorney Mayor Hall called the meeting to order at 6:00 p.m. It was moved and seconded (Brown/Hazelton) to enter executive session to discuss purchase acquisition lease transfer or sale of any real personal or other property interest, Section 24-6-402(4)(a) C.R.S., and for a conference with an attorney for the Board for the purpose of receiving legal advice on specific legal questions, Section 24-6-402(4)(b), C.R.S., to discuss the purchase of real property at several potential locations for relocation of the police department, and it passed unanimously. The Board entered into executive session at 6:02 p.m. and concluded the executive session at 6:52 p.m. Mayor Hall reconvened the meeting at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION. Mayor Hall proclaimed 2025 as the "Year of Philanthropy" in honor of the 50th anniversary of the NoCo Foundation which provides support to local nonprofits. Kristen Todd of the NoCo Foundation was present to thank the Board and the community for their ongoing support and noted approximately $7 million has been donated to the Estes Valley throughout the years. AG ENDA APPROVAL. It was moved and seconded (Cenac/Hazelton) to approve the agenda, and it passed unanimously. PUBLIC COMMENTS. Melissa Wood/County resident, Linda Hanick/Town resident and former Transportation Advisory Board (TAB) member, and Wally Wood/County resident and current TAB member stated concern over the discussion and decision to remove Belle Morris from the TAB; discussion to sunset TAB; the need to consider reorganizing of TAB; and the need to remove Trustee Igel as the liaison. TRUSTEE COMMENTS. Board comments were heard and have been summarized: TAB considered the two transportation plans and each member provided their comments on the plans rather than one letter from the Chair; questioned the role of TAB and suggested it move to an advisory board; attended the recent groundbreaking for the Habitat for Humanity on Raven Avenue; reminder of the upcoming Trustee Talk; Rooftop Rodeo to be held July 5-10; Board of Trustees - June 24,2025 - Page 2 a number of Board members and staff attended a Platte River Power Authority meeting with the other member communities to discuss the organic contract; Sister Cities thanked the board for taking action to support the peace pole and informational plaque for the organization; the Opioid Abatement Council was recognized by the State for their work; Clarity of Place has begun Grafting recommendation for the Tourism Master Plan, completed a stakeholder survey, a resident sentiment survey, and a community visioning session; Development Code open house to be held on the rewrite of the code; commented the Town continues to be fortunate to be a member of Platte River Power Authority; the Board would discuss the future of TAB at the July 8, 2025 meeting; thanked Belle Morris for her efforts on TAB; and noted the action taken at the last meeting to remove Belle Morris from TAB was per the bylaws. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek noted the Town expects the upcoming July 4th weekend and start of the Rooftop Rodeo to be busy, and stated individuals can text EPEVENTS to 888-777 for alerts on the fireworks show, traffic, and parking. CQNSENT AGENDA: 1. Expenditure Approval Lists - Bills. 2. Town Board Meeting and Study Session Minutes dated June 10,2025. 3. Resolution 63-25 Amendment Seven to the Agreement with SAFEbuilt Colorado, LLC Revising the Town's Collected Permit Fees from 0% to 10% & Extending the Term to December 31, 2026 for Building Services. 4. Resolution 64-25 Renew a Memorandum of Understanding with Headwaters Economics Inc., Regarding Participation in the Community Planning Assistance for Wildfire Program. 5. Resolution 65-25 Memorandum of Understanding with the Larimer County Sheriff's Office to Complete Pre-employment Background Investigations for Police Personnel. It was moved and seconded (Igel/Brown) to approve the Consent Agenda Items 1, 2, 4, and 5, and it passed unanimously. Consent Item #3 - Resolution 63-25 Amendment Seven to the Agreement with SAFEbuilt Colorado, LLC Revising the Town's Collected Permit Fees from 0% to 10% & Extending the Term to December 31, 2026 for Building Services. Director Careccia stated the amendment to the contract would revise the terms of the service and extend the current Professional Services Agreement with SAFEbuilt Colorado to provide building safety services through the end of December 2026. The only change to the service agreement would be the fee schedule. Board comments and questions were summarized: the need exists to continue to review and analyze if a 90/10 split would be appropriate; questioned the Town's satisfaction with the services provided by SAFEbuilt; and whether the contract would be consistent with other communities that contract with SAFEbuilt. It was moved and seconded (BrownA'ounglund) to approve the Consent Agenda Item 3, and it passed unanimously. REPORTS AND DISCUSSIO^^^^ (Outside Entities). 1. BASE FUNDING RE PORT: ESTES NONPROFIT NETWORK. Outreach Director McPherson thanked the Town for the continued support and valued partnership to the local nonprofits. She provided an overview of how the Network supports local nonprofits that represent 10% of the GDP and over $300 million in revenue brought in by local nonprofits. The Netowrk further assists nonprofits with workforce development, training over 500 board members, provides board governance training, and grant writing support. PLANNING COMMISSION ITEMS: Board of Trustees - June 24,2025 - Page 3 1. ORDINANCE 08-25 REZONING 685 PEAK VIEW DRIVE FROM E-1 (ESTATE) TO R (SINGLE-FAMILY RESIDENTIAL), FRANK THEIS, CMS PLANNING AND DEVELOPMENT. INC., (OWNER-APPLICANT) DAVID EMERSON, HABITAT FOR HUMANITY OF THE ST. VRAIN VALLEY/APPLICANT. Mayor Hall opened the public hearing and Planner Hornbeck presented an application for a proposed Zoning Map Amendment (rezoning) from E-1 (Estate) to R (Single-Family Residential) for the 4.46-acre site that contains a single residence built in 1965. The conceptual subdivision plan has twelve residential lots ranging in size from 9,000 to 18,000 square feet. He identified the site as being outside of all mapped hazard areas including flood, fire, and geologic; however, the site was previously identified as an important wildlife habitat area per the 1996 Comprehensive Plan wildlife map. It was noted the property was annexed with the Dannels Addition in 1954 with R-1 zoning with a minimum lot size of 9,000 square feet per single family dwelling, increased in 1972 to 18,000 square feet, and down-zoned again in 2000 to a less intense zoning of E-1, which requires one acre (43,560 square feet) minimum lot size per dwelling unit. He stated the application complies with the relevant standards and criteria set forth in the Estes Park Development Code (EPDC) and addressed changes in conditions related to 264% increase in home prices; the cost burden of renters with households paying more than 30% of gross income toward housing; the proposed development would be compatible and consistent with the policies and intent of the Estes Forward Comprehensive Plan and existing growth and development patterns in the area; and adequate utilities exist to serve the future proposed development. The proposed rezoning has received numerous public comments opposing the rezoning with comments including a lack of a change in conditions, incompatible with the neighborhood character and density, concern with the environmental impact related to drainage, wildlife, and wildfire risk, increase in traffic, an illegal spot zoning, and the proposed homes would not be affordable. Staff's response to the comments including the fact that changes in adopted plans and policies has occurred since the last zoning in 2000; the area in not mapped within a high fire danger; traffic memo indicates no adverse traffic impacts are anticipated; case law indicates rezoning in conformance with adopted land use policies, such as the Comprehensive Plan; would not be considered spot zoning; the proposed development is 2.6 units per acre and compatible with the development in the adjacent neighborhood; and the applicant has volunteered to record deed restrictions on eight (8) of the properties at 80 - 115% AMI. The Estes Park Planning Commission recommended the rezoning to the Town Board at their June 17, 2025 meeting with conditions of approval. David Emerson/Habitatfor Humanity noted the organization develops homeownership properties for indiviudals in the 80% AMI; have not had foreclosures; operate as the builder and mortgage holder for the properties; 84% of homeowners remain in their Habitat homes and grown in their homes; the individuals are vetted, stay in their homes, and become a part of the community; and Habitat has a contract to purchase the lots from the owner/developer. Public comment in opposition of the rezoning application was heard from Mark Hewitt/County resident, Dana Fritz/Town resident, Christy Jacobs/Town resident, Stephanie Pawson/Town resident, Jed Eide/Town resident, Christann Higley/Town resident, Larry Bader/Town resident, Laura Rustin/Town resident, Steve Wende/Town resident, Norma McKern/County resident, Don Smith/County resident, Kristin Poppitz/County resident, and Rebecca Urquhart/Town resident. Those opposing stated there had not been a change in conditions in the Peak View area; stated a rezoning to R - Residential high density zoning would be spot zoning; the plan presented was poorly conceived; the rezoning and proposed plan would damage the character and quality of the adjoining properties; concern the applicant has involved Habitat Humanity to gain support for the project; concern the density of housing would increase the fuel load in the area during a wildfire; the density would increase the difficulty in evacuating the area in the case of an emergency; expressed concern with the impact on the wildlife; the proposal would not be consistent with the Comprehensive Plan; the rezoning does not meet the criteria set forth in the Development Code; a previous Town Board rejected the rezoning application; and noted the scale and intensity of use should be compatible with the neighborhood. Board of Trustees - June 24,2025 - Page 4 Those speaking in favor of the rezoning included Dan and Sara Barwinski/Town residents, Scott Moulton/Town resident and Estes Park Housing Authority Executive Director, and Jon Bryson/Town resident. Those speaking in favor stated support for Habitat for Humanity; noted the proposal would provide young families with the ability to own a home; advances the goals of the Comprehensive Plan; creates stable homes in the community; stated the proposal was the change of condition from the 2023 proposal and the development of attainable housing; the plan creates an opportunity for homeownership in the valley; housing at the price point proposed continues to be difficult and critical to the community; and the proposal would change families lives. Board comments and question were heard and have been summarized: questioned the realistic timeframe for buildout of the eight attainable lots; questioned what bindsHabitat for Humanity to the project; a condition of approval would deed restrict eight (8) lots for attainable housing; commented middle income housing has not been built for those wanting a starter home; stated concern that the proposal would be used as justification for a change in conditions; noted the development would provide diversity of housing and community within the area; the newly adopted Comprehensive Plan should not be disregarded as the process allowed for public engagement and involvement by a community led committee; the density of the property to the west of the proposed development was noted as similar; zoning should not be considered static; the rezoning of the valley in 2000 was completed by reviewing the current land use at the time and did not consider the future use of the properties; and the Board should balance the property rights of the developer and the adjacent developed properties. Dave Emerson/Habitat for Humanity stated a purchase and sells agreement has been entered into with the developer for the eight (8) lots with the condition the developer completes the approval/entitlements within two (2) years. A deed restriction would be executed within 60 days of approval of the rezoning to ensure the lots remain attainable and could only be removed by future action of the Board. It was moved and seconded (HazeltonA'oungIund) to extend the meeting past 10:00 p.m. to complete the agenda, and it passed unanimously. Mayor Hall closed the public hearing and it was moved and seconded (Younglund/Hazelton) to approve Ordinance 08-25, and it passed with Mayor Hall and Trustee Igel voting "No". Mayor Hall called a break at 10:00 p.m. and reconvened the meeting at 10:10 p.m. 2. ORDINANCE 09-25 AMENDING SECTION 5.3 OF THE ESTES PARK DEVELOPMENT CODE REGARDING VEHICLE BASED ACCOMMODATIONS FOR SEASONAL EMPLOYEES. Mayor Hall opened the public hearing and Planner Washam presented the ordinance that would extend the one-year pilot program and amend the access requirements for electric and water connections from the program, in order to allow qualified individuals to use an RV or similar vehicle as a temporary dwelling unit on private commercial property pursuant to the Estes Park Development Code section 5.3.D.7. The initial pilot program was approved by the Town Board through the approval of Ordinance 06-24 in April 9, 2024 with the program ending October 31, 2024. Inquiries were received but no applications were submitted citing "full hookups" as a limitation. The pilot program was extended with the approval of Ordinance 04-25 on April 8, 2025 with the Board directing staff to consider removing the requirement for water and electric connections for eligible vehicles to allow self- contained vehicles and increasing options for potential applicants. The proposed ordinance would remove the requirements and extend the VBASE program through October 31, 2026. Mayor Hall closed the public hearing. It was moved and seconded (Igel/Brown) to approve Ordinance 09-25, and it passed unanimously. ACTION ITEMS: 1. ORDINANCE 07-25 PROPOSED ELECTRIC RATE INCREASE. Mayor Hall reconvened the public hearing that was continued on June 10, 2025. Meghan Helper Board of Trustees - June 24,2025 - Page 5 presented the rate study reviewed at the previous Town Board meeting. Bill Urquhart/Town resident stated he heard from customers praise for the utility's response, noted prices are too high, and the utility continues to make too much profit. He noted building confidence in the utility and addressing the concerns requires consistency with best industry practice and reasonableness. Mayor Hall closed the public hearing. It was moved and seconded (Hazelton/Brown) to approve Ordinance 07-25, and it passed unanimously. 2. RESOLUTION 66-25 MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF ELKHORN LODGE PHASE 11 TO THE TOWN OF ESTES PARK. Mayor Hall opened the public hearing. Planner Hombeck stated the annexation was referred to the Town Board on March 25, 2025 and found to be in substantial compliance at the Town Board meeting on May 13, 2025. He presented Resolution 66-25 to determine if the Elkhorn Lodge Phase II would be eligible for annexation, determine compliance of the annexation petition submitted, and make certain findings of fact related thereto in accordance with the Municipal Annexation Act and Colorado Constitution to proceed to an annexation and zoning hearing. Staff has completed a review of the annexation application and has found it meets the criteria. Katlin Reeves/County resident questioned the urbanization of the property and how it meets the state statute to be annexed. She noted the RE-1 zoning district has been designated in the Development Code to preserve the rural character of the property, and therefore, does not meet the requirements for annexation. Mayor Hall closed the public hearing. It was moved and seconded (Hazelton/Cenac) to approve Resolution 66-25, and it passed unanimously. 3. RESOLUTION 67-25 2045 TRANSPORTATION PLAN. Manager Klein stated the Town Board approved a contract with Kimley-Horn to prepare a Multimodal Transportation Plan (MTP) and Transit Development Plan (TDP) to guide the implementation of projects to create a transportation network that integrates all modes of travel addressing safety, equity, and ease of navigation. The plan provides a list of prioritized projects addressing vehicular, active transportation, and transit mobility. The MTP would guide the Town's mobility and circulation for the next 20 years. The TDP performed a comprehensive needs-based evaluation of The Peak system and provided recommendations for transit service enhancement for the next five (5) years. It was moved and seconded (Younglund/Cenac) to approve Resolution 67-25, and the motion passed unanimously. 4. RESOLUTION 68-25 AMENDMENT TO THE 2005 CONTINENTAL WATER BANK INC., WATER LEASE AGREEMENT. Director Bergsten and Special Counsel White outlined the Town's Windy Gap water has been used as replacement water for the surrounding area, including Glacier View, Saddle Notch Ranch, Mary's Lake Campground, Cheley Camp, and the Idlewild Water Users Association. To comply with state water law as it relates to replacement water, individual well owners would each need to secure replacement water and acquire a water court-approved augmentation plan, a financially unfeasible burden for smaller properties. The Continental Water Bank (CWB) provides smaller properties with the ability to meet their replacement water obligations. The 2005 Water Lease Agreement provides CWB with a supply of replacement water. The agreement would include an annual fee to cover administrative costs, an annual lease payment to the Town, the temporary transfer of six (6) Colorado-Big Thompson (C-BT) units from the company to the Town, and require a CWB property to annex upon the request of the Town or upon the property being provided water service by the Town. It was moved and seconded (Lancaster/Hazelton) to approve Resolution 68-25, and it passed unanimously. 5. ORDINANCE 10-25 LAND LEASE WITH PLATTE RIVER POWER AUTHORITY (PRPA) FOR LOT 4. ELM ROAD 2ND ADDITION. Mayor Hall opened the public hearing. Director Bergsten stated Platte River Power Authority (PRPA), the Town's municipally owned wholesale power and transmission provider, requires a utility-scale battery site in Estes Park. The project would support PRPA's Resource Diversification Policy to decarbonize the electric generation while maintaining or improving reliability. The undeveloped Town owned site connects to the Town's electric supply station, making it ideal for battery infrastructure. The property would be leased to PRPA who Board of Trustees - June 24,2025 - Page 6 would then sublease it to a private partner able to leverage federal tax credits to reduce the project's total cost. Town Board comments and questions were heard and summarized: questioned the number of batteries that would be included; whether a development plan would be needed and would the lease be contingent on the development plan; esthetics would be a concern as Moraine leads to the entrance of Rocky Mountain National Park; concern was heard on the visibility of the site and the environmental impacts; questioned the value of the land; questioned if other Town owned properties were considered; and noted the importance of continuity of power and a stable foundation of power. Mayor Hall closed the public hearing. It was moved and seconded (Hazelton/Brown) to approve Ordinance 10-25, and it passed unanimously. Whereupon Mayor Hall adjourned the meeting at 11:12 p.m. Gary Hall, M^yor Ja^kie Williamson, Town Clerku-