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HomeMy WebLinkAboutMINUTES Town Board 2025-07-08Town ofEstes Park, Larimer County, Colorado, July 8, 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 8th day of July, 2025. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Frank Lancaster Mark Igel Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROyAL. It was moved and seconded (Hazelton/Younglund) to approve the Agenda, and it was approved unanimously. PUBLIC COMMENTS, Belle Morris/Town resident provided background on her experience as Vice Chair and Chair of the Transportation Advisory Board (TAB), initiatives, and projects throughout the years she served on the Board. She described the passion and commitment of members, spoke regarding her concerns for comments by Trustee Igel, TAB Liaison, and her removal from TAB. She requested the Board change the TAB Liaison and highlighted her years working along citizens, and her respect for staff and Town leadership. TRUSTEE COMMENTS. Board comments were heard and have been summarized: Police Auxiliary were commended for their support during the Fourth of July celebrations; Trustees Hazelton and Lancaster held interviews for the Estes Park Planning Commission vacancy and would be bring forward a recommendation at a future meeting; Rooftop Rodeo week had begun with a successful Parade on Monday, Paint Estes Pink held their annual Crowns for the Care fundraiser raising over $133,000 in donations to fund cancer screenings for under and uninsured residents of the Estes Valley, and Pam Leitner was crowned Mrs. Rooftop Rodeo; the Estes Park Sister Cities anticipated a visit from Monteverde members in the Fall; the Visit Estes Park Board met and received a clean financial audit, an economic impact study report was reviewed, there would be a special meeting to relay the determination of a VEP personnel investigation, and an update on the search of the VEP Chief Executive Officer would be forthcoming; Restorative Justice held a Board meeting discussing the Estes Park Development Code re-write and have held small group meetings to provide additional opportunities for all aspects of the community to engage in the process; the Board encouraged support for the communities impacted by recent Texas flooding; the Economic Development and Workforce Council have been working with Larimer County on re-defining the Enterprise Zone, and applications for the Business Accelerator Services of Estes (BASE) program would open on August 1, 2025 and business owners were encouraged to participate in the free program. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek commended staff and coordinating agencies who ensured a successful and safe Fourth of July celebration in Estes Park. Board of Trustees - July 8,2025 - Page 2 CONSENT AGENDA: 1. Bills. 2. Town Board Meeting Minutes and Study Session Minutes dated June 24, 2025. 3. Estes Park Planning Commission Minutes dated April 15, 2025 and May 20, 2025 (acknowledgement only). It was moved and seconded (Igel/Cenac) to approve the Consent Agenda, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. BASE FUNDING REPORT: ESTES ARTS DISTRICT. Estes Arts District (EAD) Director Endsley provided an oven/iew of their mission, introduced members, spoke regarding the diverse arts scene and reviewed projects including: Friends of Folk (10th Anniversary), Chalk Art, Public Art installations, a new membership program to be launched in December providing additional opportunities for networking and collaboration in the art community, and 2025 events and new youth programs. The District continues to pursue the Colorado Creative Industries Designation as a Certified Arts District in 2025. She stated the designation includes a $10,000 award and would attract artists and creative entrepreneurs to Estes Park to enhance the economic and civic capital of the community. Board members attended the Colorado Creative Industries summit, met other applicants and discussed opportunities to improve the designation application. The EAD anticipate to additional information on their application in late Fall 2025. The Board thanked the EAD for the presentation and wished them luck on their designation. LIQUOR ITEMS: 1. RESOLUTION 69-25 TRANSFER OF OWNERSHIP FROM JWC STANLEY HOLDING, LLC DBA THE STANLEY HOTEL TO STANLEY PARTNERSHIP FOR ART CULTURE AND EDUCATION LLC DBA THE STANLEY HOTEL. 333 WONDERVIEW AVENUE. ESTES PARK. CO 80517. Mayor Hall opened the public hearing and Town Clerk Williamson presented Resolution 69-25 for a transfer of ownership for a Hotel & Restaurant liquor license. She reviewed the application stating all paperwork and fees had been submitted. The applicant was filing as an LLC and was aware of the Training for Intervention Procedures (TIPS) requirement. Staff stated there was no police report with regard to the investigation of the applicant as the applicant was a quasi-governmental entity, however, the representative has undergone a background check. The applicant was available for questions. The Board questioned who the responsible person would be for this entity to which staff stated John Cullen, former owner. Mayor Hall closed the public hearing, and it was moved and seconded (Hazelton/Younglund) to approve Resolution 69-25, and it passed unanimously. ACTION ITEMS: 1. INmATED ORDINANCE PETITION - TO AMEND THE ESTES PARK DEVELOPMENT CODE REGARDING REZONINGS AND ALL PLANNED UNIT DEVELOPMENT APPLICATIONS. Mayor Hall opened the public hearing. Town Clerk Williamson presented an Initiated Ordinance filed with the Town to amend the Estes Park Development Code regarding rezonings and or all Planned Unit Developments (PUD) applications. On November 18, 2024, a letter was sent to the petitioners, James and Kristine Poppitz, approving the form of the petition allowing the petition to be circulated and outlining the petition must be signed by at least 5% of the registered electors per the state statute; the total number of signatures required was established at 246. On May 16, 2025, the Town Clerk received 43 signed petition sections containing 405 signatures. The Town Clerk reviewed the signatures to verify the registration of the individual against the voter registration list supplied to the Town by the Larimer County Elections Office. A preliminary statement of sufficiency was issued on June 13, 2025 certifying the petition was signed by 246 registered voters, Board of Trustees - July 8,2025 - Page 3 and on June 25, 2025, after the 40-day protest period had elapsed with no protest filled, final petition sufficiency was determined. Per 31-11-104 (1) CRS, the Board of Trustees within 20 days from the final statement of sufficiency must either: (1) adopt, without alteration, the citizen-initiated ordinance as proposed, Ordinance 11-25, or (2) refer the Initiated Ordinance to the registered electors of the municipality to an election within no less than 60 days and not more than 150 days. If the Board refers the ordinance to an election, staff has determined the only viable option would be to join the coordinate general election on November 4, 2025. Staff contacted Larimer County Election offices to determine election costs and was provided an estimate range of $6,000 to $20,000 pending State and/orthe County participation on the ballot. Those speaking in support to refer the Initiated Ordinance to the registered electors included Becky Robbins/County resident and Board member for the Board of Realtors, Jeff Robins/County resident, Scott Moulton/Estes Park Housing Authority (EPHA) Director and Frank Theis/Town resident. Comments have been summarized: questioned whether the item if passed would violate the Fair Housing Act; encouraged the Board seek legal council to determine whether the outcome of the item if approved would harm a protected class; concerns the initiative may be unconstitutional; and if approved the code would significantly increase the cost to develop and impact the EPHA ability to deliver housing opportunities which the community needs. Those speaking in favor of approving the Initiated Ordinance included: Terry Rustin/County resident, Kristine Poppitz/County resident, Laura Rustin/County resident, and John Guffey/Town resident. Comments have been summarized: support was heard to adopt the Ordinance as written; concerns raised had nothing to do with the content of the citizen-initiated ordinance; and if approved, the new code would provide residents with an opportunity to express opinions about applications at neighboring properties. Board discussion has been summarized: questioned whether there were any commitments made for a special election when staff contacted Larimer County to which staff responded no commitments were made; the Board reaffirmed the two decisions before the Board outlined in the memo by staff which was confirmed by Town Attorney Kramer; the Board requested clarification on timelines for any deadlines identified in state statutes; and discussion ensued regarding House Bill 25- 1093 Limitations on Local Anti-Growth Land Use Policies which would not be in effect until August 2025. Mayor Hall closed the public hearing. After further discussion it was moved and seconded (Igel/Cenac) to approve Resolution 70-25 referring Ordinance 11-25 to the Coordinated Election on November 4, 2025,and it passed with Trustee Brown abstaining. A substitute motion was made and seconded (Brown/Cenac) to defer action to the August 12, 2025 meeting, and it failed with Mayor Hall, Mayor Pro Tem Cenac, and Trustees Hazelton, Igel, and Lancaster, voting "No". Town Clerk Williamson stated, per the Larimer County Election calendar and state statutes, the Town would be required to give the Larimer County Clerk and Recorder notice of intent to participate in the coordinated election 1 00 days prior to the election (July 25, 2025), which may be impacted by deferring the item to August. 2. INITIATED ORDINANCE PETff^^^^ SECTION 11.4 AND ASSOCIATED BUILDING HEIGHT LIMITS IN SECTION 4.3 OF THE ESTES PARK DEVELOPMENT CODE. Mayor Hall opened the public hearing. Town Clerk Williamson presented an Initiated Ordinance filed with the Town to repeal the Estes Park Development Code section 11.4 and associated building height limits in section 4.3. The item dates and deadlines were consistent with the previous initiated ordinance and staff requested Board decision on the item. On May 16, 2025, the Town Clerk received 43 signed petition sections containing 393 signatures. The Town Clerk reviewed the signatures to verify the registration of the individual against the voter registration list supplied to the Town by the Larimer County Elections Office. A Board of Trustees - July 8,2025 - Page 4 preliminary statement of sufficiency was issued on June 13, 2025 certifying the petition was signed by 5% or 246 registered voters. Scott Moulton/EPHA Director spoke in support to refer the Initiated Ordinance to the registered electors stating if approved the code would significantly increase the cost to develop and would impact the EPHA ability to deliver housing opportunities which the community needs. Those speaking in favor of approving the Initiated Ordinance included: Frank Theis/Town resident, Kristine Poppitz/County resident, Laura Rustin/County resident, and John Guffey/Town resident. Comments have been summarized: supported the adoption of the ordinance as written; commented on the need to resist the desire to overdevelop; raised concerns that properties are inappropriately occupied; and commented on the value of community input in development decisions. Board discussion ensued regarding the timing outlined in state statutes, HB25-1093 Limitations on Local Anti-Growth Land Use Policies, importance of hearing from the community, the number of registered voters, if approved the changes could seriously impair the ability to provide housing and increase building costs, and concern was stated if the language was adopted the Town would face legal challenges. Mayor Hall closed the public hearing. It was moved and seconded (Brown/) to defer action on Ordinance 12-25 to August 12,2025, and it died for lack of a second. It was moved and seconded (Lancaster/Hazelton) to approve Resolution 71-25 referring Ordinance 12-25 to the coordinated election with Larimer County on November 4, 2025, and it passed unanimously. 3. ORDINANCE 13-25 REPLACE ORDINANCE 07-22 CONSIDERING THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY. Mayor Hall opened the public hearing and Special Counsel White presented Ordinance 13-25 which replaces Ordinance 07-22. The ordinance would formalize the inclusion of certain properties within town limits using the Town's municipal water system which were inadvertently excluded in the Northern Colorado Water Conservancy Municipal Subdistrict. The Town's municipal water system uses Windy Gap water overseen by the Northern Colorado Water Conservancy Municipal Subdistrict. The subdistrict's rules and regulations require all properties receiving Windy Gap water to be included in the subdistrict. Staff clarified, the properties affected by the ordinance would not be required to be annexed into the Town. Mayor Hall closed the public hearing and it was moved and seconded (Younglund/lgel) to approve Ordinance 13-25, and it passed unanimously. RESOLUTION 72-25 INCREASE CONTINGENCY FOR THE PROSPECT MOUNTAIN WATER IMPROVEMENTS PROJECT. Director Bergsten stated additional funding was required to complete the Prospect Mountain Water Improvements Project due to unforseen construction and higher-than-anticipated costs, development, and water right fees. He reviewed a timeline for the project, and Manager Wesley reviewed the project status and remaining work including: disinfecting/testing/filling the tank for full-service operation, establishing final connections and performing restoration on roads, yards and surfaces. Staff requested increasing the project contingency funding used by staff to authorize change orders with Wagner Construction not to exceed $11,900,000 and approve increasing total project budget to $15,800,000 to include USDA-RD funded eligible items and ineligible items such as Town labor. She reviewed the use of contingency funding and the estimated total of pending items which was calculated in the request for increase. Staff stated future adjustments to the project may be necessary to cover interim loan interest costs, remaining town tap fees, testing, and Northern Colorado Water inclusion costs once calculated. Staff confirmed the project cost was isolated to the users within the improvement area only and would not have any impacts to those individuals outside of the area. There being no further discussion, it was moved and Board of Trustees - July 8,2025 - Page 5 seconded (Hazelton/Younglund) to approve Resolution 72-25, and it passed unanimously. 4. RESOLUTION 73-25 CONTINGENT AWARD OF THE SPRUCE KNOB AND CARRIAGE HILLS WATER SYSTEM CONSTRUCTION. The design for both the Spruce Knob and Carriage Hills Water System construction projects was completed in 2025. Director Bergsten stated the bid package included several bid schedules to allow the Town the ablity to select the most cost-effective options for different construction areas and to maximize available funding. Bid schedules were identified as Schedule A - Spruce Knob (Joel Estes Drive), Schedule B - Carriage Drive and Whispering Pines Drive, and Schedule C - Grey Fox Estates looping connection. He reviewed a map of the construction areas. The projects would require $1,535,763 in additional funding which staff recommended $1,615,000 be reallocated from the Strong Pump House Improvements and 18" Main Valve Installations projects. Spruce Knob property owners would be responsible for their portion of the loan payments which would be collected as a separate line item on their water bills as approved through Resolution 17-25. Staff stated the project financing was pending the State Revolving Fund (SRF) loan closing which was further pending an approval letter from the USDA - Rural Development. Staff proposed conditionally awarding the construction contract for Schedules A, B, and C to the lowest responsive and responsible bidder in accordance with Town policy and the requirement of the USDA. The award would be conditioned on the loan closing with the Colorado Water Resources and Power Development Authority for the SRF loan and Bipartisan Infrastructure Law (BIL) principal forgiveness. The contract would be executed following the loan closing and no futher Board action would be required. Additionally, staff proposed the Town reaffirm the split of grant and principal forgiveness be based on Schedules A and B only, since Schedule C would benefit the Town's water sytem only. Dan Jessup/Timberwolf Excavating, the low bid, was available and stated their support for the project, and their commitment to the community. Jan Smith/High Plains Excavation, second lowest bid, spoke in support of utilizing the local preference within Town policy to award the contract. Discussion ensued regarding local preference and whether the Town may be at risk of losing DOLA funding if the Town does not select the lowest responsible bidder. Board comments and questions have been summarized: Clarification on the bid schedules was requested; whether the Town could contract with a different contractor for each schedule; clarification was requested on the cost difference for users within the Carriage Hills project; value in reinvesting Town money into the community by selecting the local contractor; questioned if the Town policy requires the selection of the lowest bidder; questioned if the contract was not awarded, could the Town request the bidders extend their bid or rebid; questioned if the local bidder was selected, could the Town fund the additional costs or fund the project if DOLA rescinded the grant funding; and comments were heard regarding fiscal responsibility. It was moved and seconded (Igel/Brown) to approve Resolution 73-25 and award the contract to the local preference High Plains Excavating, and it failed with Trustee's Brown, Hazelton, Lancaster, and Younglund voting "No". A substitute motion was made (Hazelton/Younglund) to approve Resolution 73- 25 to award the contract to Timberwolf Excavating as presented, and it passed with Trustee Igel voting "No". 5. RESOLUTION 74-25 REQUEST DOLA AMEND GRANT EIAF B-022 TO EXTEND THE DEADLINEroR BROADBAND PLANNING AND IMPLEMENTATION GRANT AGREEMENT. Director Bergsten stated the DOLA funded Broadband Implementation Grant was awarded to support the expansion offiber-optic-based broadband services within the Town of Estes Park Power & Communications service area. The project included Glen Haven, Allenspark, and Highway 36 areas. Staff stated more time was Board of Trustees - July 8,2025 - Page 6 needed to develop options for the entire scope of work outlined in the original grant agreement and requested the Board approve the Mayor's signature to request an extension of the grant deadline. Staff anticipated requesting DOLAto revise the scope of the project at a future meeting. It was moved and seconded (Igel/Hazelton) to approve Resolution 74-25, and it passed unanimously. It was moved and seconded (Brown/Cenac) to extend the meeting past 10:00 p.m., to complete the remainder of the agenda, and the motion passed with Trustee Igel voting "No". REPORTS ANDJ31SCUSSION ITEMS: 1. TRANSPORTATION ADVISORY BOARD NEXT STEPS - SUNSETTING/BYLAW REVIEW. At the June 10, 2025 meeting, the Board stated interest in discussing the sunsetting of the Transportation Advisory Board (TAB). Mayor Hall recommended forming ad-hoc committees in the future for specific transportation and other project input rather than continuing with the current Board. Board discussion has been summarized: Interest was heard in soliciting ad-hoc participation by current TAB members; considering term limits for boards and commissions; the value of unique perspectives from diverse members and the benefits of resourcing them for ad-hoc committees; ensuring clear direction for ad-hoc committees or focus groups on who they are advising and their directive; and gratitude was heard for members who commit their time on these groups. Staff would bring an action item to the next meeting for the Board to consider formal action to sunset TAB. The Board requested a study session item be added to approved/unscheduled for a discussion on the formation of ad-hoc committees. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Younglund/Cenac) to enter executive session to discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - authorized under Section 24-6-402(4)(a), C.R.S. and for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - authorized under Section 24-6-402(4)(b), C.R.S. - on the topic of Real Property Considerations for Development of Housing at the Fish Hatchery Property, and it passed unanimously. The Board entered into executive session at 10:24 p.m. and concluded the executive session at 11:24 p.m. Whereupon Mayor Hall adjourned the meeting at 11:26 p.m. Gary Hal -^-,(^3- Victoria Beers, Deputy Town Clerk