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HomeMy WebLinkAboutPACKET Town Board 2025-10-14 Note - The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town Board of Trustees Regular Meeting Tuesday, October 14, 2025, 7:00 p.m. Town Hall Board Room, 170 MacGregor Ave, Estes Park Accessibility Statement The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Meeting Participation This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos. Click on the following links for more information on Digital Accessibility and Public Comment. Agenda Pledge of Allegiance Agenda Approval Public Comment Town Board Comments/Liaison Reports Town Administrator Report Consent Agenda 1. Expenditure Approval Lists – Bills 2. Town Board Meeting Minutes dated September 23, 2025. 3. Audit Committee Meeting Minutes dated October 1, 2025. 4. Town Board and Estes Park Planning Commission Joint Study Session Minutes dated September 30, 2025. 5. Estes Park Housing Authority appointment of Marty Miranda to complete the term of Phil Frank expiring April 30, 2029. 6. Estes Valley Public Library District Board Appointments of Julie Abel and Kay Boyle for four (4) year terms beginning January 1, 2026 and ending December 31, 2029. Action Items 1. Resolution 91-25 Cooperative Management Agreement between the National Park Service and the Town of Estes Park regarding Maintenance of Fish Hatchery Road. Deputy Town Administrator Damweber. Consider an agreement between the National Park Service and Town that would facilitate development of the Fish Hatchery parcel for housing. 2. Interview Committee for the Estes Park Board of Adjustment Director Williamson. To establish the interview committee for an opening on the Board of Adjustment to complete interviews of interested applicants. 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. – Potential Locations and Real Property Transactions Alternatives for Relocation of the Police Department. Adjourn Town of Estes Park, Larimer County, Colorado, September 23, 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 23rd day of September, 2025. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Frank Lancaster Kirby Hazelton Mark Igel Cindy Younglund Also Present: Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Sarah Stoddard Cameron, Recording Secretary Absent: Town Administrator Machalek 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 (Younglund/Hazelton) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Terry Rustin/Town Resident vocalized support for Citizen Initiative 300, commented on public misrepresentation surrounding the ballot initiative, and urged voters to research matters for themselves. John Guffy/Town Resident questioned Estes Park’s response to climate change in regards to energy consumption and stated the importance of preservation, calling on the Board to endorse more conservative practices in anticipation of the Development Code update. Tom Kaszynski/County Resident requested the Board review Colorado Association of Ski Towns (CAST) meetings to better understand how other mountain communities are addressing growth and housing issues. Laura Rustin/Town Resident, Kristine Poppitz/County Resident, and Christy Jacobs/ Town Resident stated objections to comments provided by Trustee Brown at the September 9th meeting including relevance to the initiated ordinance, concern for bias, and repetitiveness. TRUSTEE COMMENTS. Board comments were heard and have been summarized: A letter was written to Attorney General Wiser regarding the UC Health Acquisition securing special tax dollars for the community and maintaining local representation on the Board; congratulated the Bank of Estes Park on their 60th anniversary and majority deposit share in Estes Park; commended Bill and Sue Pinkham for outstanding careers in public service; reminded constituents that the Sister Cities delegation would be arriving on October 3rd, and encouraged them to attend the meeting held at the museum to meet the delegates; toured the Harmony Addiction Treatment Facility; both the Regional Opioid Abatement Council and Visit Estes Park (VEP) held meetings on September 25th; VEP would hold a round table featuring representatives from Boulder and Sundance regarding the Sundance Film Festival, holding interviews with two finalists for the permanent CEO position, and is continuing the process of reviewing and approving the 2026 operating plan; restorative justice would be holding community conversations in collaboration with the library DRA F T Board of Trustees – September 23, 2025 – Page 2 regarding the Development Code update in October; participated in Constitution Day at Hicks Plaza; and requested an executive study session with the EPHA to discuss proceedings on 179 Stanley Circle Dr. TOWN ADMINISTRATOR REPORT. Policy Governance Monitoring Report - Policy 3.8. Deputy Town Administrator Damweber reported compliance in all areas. Future study session items include: the parking and transit year-end review and housing and residential housing typeologies for the Development Code Update scheduled for December 9th; commercial design guidelines for the Development Code Update scheduled for November 12th; and addressing Town-employee housing and the Estes Loop Traffic Study Results which are approved but unscheduled. CONSENT AGENDA: 1. Expenditure Approval Lists - Bills. 2. Town Board Meeting and Study Session Minutes dated September 9, 2025. 3. Town Board and Estes Park School District Board of Education Study Session Minutes dated September 9, 2025 4. Estes Park Planning Commission Minutes dated June 17, 2025 (Acknowledgment Only) 5. Resolution 86-25 Amended MOU with Estes Park Housing Authority Funding for Fish Hatchery Workforce Housing 6. Resolution 87-25 Professional Services Agreement and Construction Contract with High Plains Excavation & Aggregate LLP for the Performance Park Bridge Replacement, $404,964. Budgeted 7. Resolution 88-25 Professional Services Contract with AE2S for Water Master Plan Support and Phase 1 Water Rate Study, $160,000. Budgeted 8. Acceptance of the Town Administrator Policy Governance Monitoring Report It was moved and seconded (Hazelton/Igel) to approve Consent Agenda items 1-4 and 6-8, and it passed unanimously. CONSENT ITEM #5 - RESOLUTION 86-25 AMENDED MOU WITH ESTES PARK HOUSING AUTHORITY FUNDING FOR FISH HATCHERY WORKFORCE HOUSING. Manager Bangs explained that in April of 2024 the Town entered into an memorendum of understanding (MOU) with the Estes Park Housing Authority (EPHA) identifying the EPHA as recipients of American Rescue Plan Act (ARPA) grant funds that the Town received from Larimer County for the Fish Hatchery Workforce Housing Project. Total funds allocated to the project totaled $160,000. It was later determined by staff that these funds were not ARPA, necessitating edits to the MOU. Staff noted that ARPA procedures are extremely restrictive and administratively burdensome, meaning it was beneficial to not rely on ARPA. The agreement was then amended to remove any lanuage referencing ARPA and extend the project deadline. Staff reported adhereing to all deadlines and safeguarding funds in a separate account than other projects.Board discussion ensued and has been summarized: Concern was heard to the fact the item was placed on the consent agenda, and it was noted that staff should be cognizant of public perception when considering agenda placement; questioned the outcomes of denying the amended MOU; and recognized the importance of simplifying administrative burdens and separating project funds. After further discussion it was moved and seconded (Igel/Brown) to approve Resolution 86-25 as presented, and it passed unanimously. DRA F T Board of Trustees – September 23, 2025 – Page 3 PLANNING COMMISSION ITEMS: RESOLUTION 89-25 COYOTE RUN SUBDIVISION 2ND FILING PRELIMINARY PLAT, CMS PLANNING & DEVELOPMENT, INC., FRANK THEIS, OWNER/APPLICANT, HABITAT FOR HUMANITY OF THE ST VRAIN VALLEY, APPLICANT. Mayor Hall opened the public hearing. Senior Planner Hornbeck explained that the Coyote Run Subdivision had previously been approved by the Board, comprised of four (4) lots. Lot four (4) was rezoned by the Board in June 2025 from E1 to Residential. That application included a conceptual subdivision plat and a commitment from the applicant to deed restrict eight (8) of the proposed lots as attainable households earning no more that 80% of the area median income (AMI). The applicant, Habitat for Humanity of the St. Vrain Valley, requested approval to divide lot four (4), four and a half (4 ½) acres, into 12 residential parcels. It was determined by staff that all parcels would meet the minimum size requirements. Staff noted that the proposed water detention pond would control the water release rate to the extent that drainage and erosion would lessen downstream, reducing damage for property owners. The final plat would include a landscape plan to demonstrate conformance with Development Code Section 7.4.C.2 regarding the detention pond. Those speaking in opposition included: Christy Jacobs/Town Resident, Jon Thornsbury/Town Resident, Larry Bader/Town Resident, John Guffey/Town Resident, Steve Wende/Town Resident, and Kristine Poppitz/County Resident. Comments in opposition included: Expressed concern regarding drainage and the potential for erosion and property damage, citing current damage and excess drainage from phase one (1); noted the importance of maintaining pristine and untouched natural habitat for wildlife; questioned the effects of development on wildlife migration patterns; and emphasized the importance of preserving the Town’s character. Board discussion ensued and has been summarized: Expressed concerns regarding drainage, effects on wildlife, outdated wildlife mapping, housing density, and development standards; requested additional information on drainage and the proposed detention pond; potential for a public or school bus stop; questioned whether compliance alone warrants project approval; and considered liability concerns regarding potential property damage from runoff. Mayor Hall closed the public hearing. It was moved and seconded (Brown/Younglund) to approve Resolution 89-25, and it passed with Trustee Igel voting “no”. ACTION ITEMS: 1. ORDINANCE 17-25 PLATTE RIVER POWER AUTHORITY AMENDED AND RESTATED ORGANIC CONTRACT AND AMENDED ELECTRIC POWER SUPPLY CONTRACT. Director Bergsten explained the revisions made to the Platte River Power Authority’s Organic Contract and Power Supply Agreements extended terms and modernized the language used. The contract was last amended by all PRPA municipalities in May of 2019 and approved by the town in Ordinance 04-19 on March 12th, 2019. It was moved and seconded (Hazelton/Younglund) to approve Ordinance 17-25, and it passed unanimously. RESOLUTION 90-25 FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE RIVERSIDE DRIVE TOWNHOMES ANNEXATION. Planner Washam explained that annexation process, as governed by the Municipal Annexation Act (C.R.S. 31.12-101), requires referral to the Board, a Substantial Compliance Resolution and an Eligibility Resolution prior to annexation and establishment of zoning for Riverside Drive Townhomes. The Estes Park Housing Authority (EPHA) requires additional land to build proposed townhomes at 775 Riverside Dr. The subject request is to annex a neighboring 2.6 acre parcel. Staff have completed review of the petition for annexation and have confirmed its eligibility. The Eligibility Resolution would be brought to the Board on October 28, 2025, pending approval of Resolution 90-25. It was moved and seconded (Igel/Cenac) to approve Resolution 90-25, and it passed unanimously. DRA F T Board of Trustees – September 23, 2025 – Page 4 REPORTS & DISCUSSION 1. REVISED POLICY 208 NAMING OF TOWN PARKS, OPEN SPACES, AND FACILITIES. Management Analyst Simpson explained that Estes Park Sister Cities requested the Town rename a parcel of open space, “Monteverde Park”. Section 3.A.ii of Town Policy 208 (Naming of Town-Owned Parks, Open Spaces, and Facilities) currently prohibits this renaming. Staff recommended revisions expanding this policy to include other elements to broaden naming criteria and seek feedback from the Board on potential changes. Board discussion ensued and has been summarized: Acknowledged that it is common practice to name a public space, prominent feature, or otherwise memorialize Sister Cities in some way; questioned if Monteverde had honored Estes Park in a similar way; noted that Monteverde Park fit naming criteria as a geographic location and would be accepted under the current policy; stated that there appears to be significant flexibility with the current standards; requested a supermajority or unanimous decision for approval of name adoption or change; and expressed support for the name “Monteverde Park” as requested. Whereupon Mayor Hall adjourned the meeting at 9:15 p.m. Gary Hall, Mayor Sarah Stoddard Cameron, Recording Secretary DRA F T Town of Estes Park, Larimer County, Colorado, October 1, 2025 Minutes of a Regular meeting of the AUDIT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 1st day of October, 2025. Committee: Mayor Hall, Mayor Pro Tem Cenac, Trustee Brown, Town Administrator Machalek, Finance Director Zimmerman, and Account Manager Garcia Attending: Mayor Hall, Mayor Pro Tem Cenac, Trustee Brown, Town Administrator Machalek, Deputy Town Administrator Damweber, Finance Director Zimmerman, Account Manager Garcia, ERP Project Manager Hudson, and Town Clerk Williamson Absent: None Mayor Hall called the meeting to order at 2:08 p.m. 2024 ACFR AND SINGLE AUDIT REVIEW. Ty Holman and Abbie Irvine of Haynie and Company reviewed the audit completed for fiscal year ending 2024 which consisted of five areas including planning, understanding the entity, developing the audit approach, audit fieldwork, and reporting. The auditors utilized general and governmental auditing standards to review both governmental and enterprise revenue recognitions, accounts receivable and allowances, near term reporting, capital assets and depreciation, long-term debt, pension and OPEB reporting, single audit, workforce housing regulatory linkage fee, and workforce housing 6E revenue. The Town’s audit was delayed as the Estes Park Housing Authority’s audit was not completed until late September and must be included in the Town’s audit due to the 6E funding. A new accounting standard, GASB 101, requires that liabilities for compensated absences be recognized for (1) leave that has not been used and (2) leave that has been used but not yet paid in cash or settled through noncash means. The standard added approximately $900,000 in additional liability accrued on the Town’s financial statement. The liability would be required to be captured moving forward for the annual audit. The auditors provided an unmodified opinion, a clean opinion, of the Town’s financial statements. Mayor Pro Tem Cenac arrived at the meeting at 2:34 p.m. Single audit was conducted for Water and Waste Disposal Systems for Rural Communities grant, from the USDA, for the Prospect Mountain Project. The revenues and expenditures were found to be in compliance with grant requirements. It was noted that audit adjustments were found to be more than in previous years with adjustments to the pension and OPEB amounts on the financial statements. It was further stated there was one adjustment that was material and four larger adjustments that were noted. An adjustment was missed for police equipment and was reported as a material weakness. Recommendations were provided and it was understood that the new ERP would enhance capability and should address a number of the issues. The Audit committee requested the Auditors present the audit to the full board at the October 28, 2025 meeting. Audit Committee – October 1, 2025 – Page 2 CONSIDER OF APPOINTMENT OF AUDITORS FOR 2025 AUDIT Director Zimmerman stated the Town’s contract with Haynie and Company would end in 2025. Staff recommended appointing Haynie and Company for an additional year to complete the 2025 annual audit at an updated rate of approximately 20 – 25% increase over the current rate due to a need for continuity with the conversion to the new ERP system in 2026. The Audit committee supported the request and recommended the appointment of Haynie and Company to complete the 2025 annual audit. Discussion ensued on the need to address the ongoing delay with the Estes Park Housing Authority’s audit and to address the underlining issues in order for the Town to complete its annual audit in a timely manner. There being no further business, Mayor Hall adjourned the meeting at 3:09 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado September 30, 2025 Minutes of a Joint Study Session meeting of the TOWN BOARD and PLANNING COMMISSION 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 30th day of September, 2025. Town Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Planning Commission: Chair Cooper, Vice Chair Arterburn and Commissioners Mulhern, Pawson and Phares Also Attending: Town Administrator Machalek, Town Attorney Kramer, Director Careccia, Facilitator Stewart and Deputy Town Clerk Beers Absent: None Mayor Hall called the meeting to order at 4:00 p.m. ANNEXATION POLICY. Senior Planner Hornbeck stated the purpose of the discussion was to receive input on a draft annexation policy, a potential code amendment regarding extraterritorial water service as it relates to annexation, and interest in an intergovernmental agreement IGA) between the Town and Larimer County for annexation and development in the Estes Valley. He reviewed the guiding principles which included: Natural Environment; Built Environment; Economy; Housing; Health & Social Wellbeing and Transportation and Infrastructure. Other considerations identified in the proposed policy included enclave annexations and annexation of properties subject to pre-annexation agreements which staff encouraged review be determined on a case-by-case basis. Board discussion ensued regarding policy content and has been summarized: consider changes to the use of “should” to “will”; to avoid redundant statements it was suggested to remove the fourth bullet point under Economy; clarification was requested on whether the Town can annex a property without owner permission; what the origin was of the Health & Social Wellbeing principle; whether “adverse social or health impacts” should be defined; concerns were heard related to subjective language in the principles; the value of having certain principles identified in the comprehensive plan versus the annexation policy; should workforce housing be a requirement of annexation; incorporating “be compatible with” to allow consideration of a principle, and it was reinforced, the principles are a guiding document and not a regulatory framework. After Board and Commission comments Director Careccia stated the use of Health & Social wellbeing was common in other application reviews and across other jurisdictions and can be considered vague. He added the guiding principles may not be applicable for all annexations. Planner Hornbeck requested direction and support for a proposed code amendment, to include requiring extraterritorial water service, conditioned upon meeting certain Town standards. Extraterritorial water service was identified as water service provided to properties located outside of town limits. Clarification was requested for what would be considered an expansion to water service and how properties which cannot have water service would be handled. Staff confirmed an annexation does not require or take away water service. Discussion ensued regarding the potential of establishing a growth development area with Larimer County through an IGA which would require a subsequent discussion at a future meeting. DRAFT Town Board Study Session – September 30, 2025 – Page 2 Discussion ensued on the Estes Park Municipal Code amendment to clarify the requirements surrounding annexation when extraterritorial water service was requested by property owners outside town limits and specifically waivers, and the responsibility placed on the Town Administrator to make waiver considerations. The Board and Commissioners determined no code amendment was necessary for a waiver process for agreements to annex if the property was not currently eligible and current language would remain for properties eligible to annex. It was determined there would be code clarification which identifies the waiver determination as the responsibility of the Board of Trustees. DEVELOPMENT REVIEW REGULATIONS AND PROCESS. Senior Associate Eric Krohngold/Design Workshop provided an overview of the development review regulations and process. Input received through staff and community member fact finding sessions identified concerns on the review process for some application types and the importance of public comment options. In previous conversations the Board stated a desire for final plat consideration to remain with the Board and minor subdivisions could remain with the Planning Commission. He spoke briefly on Proposition 123 related to funding pathways for affordable housing projects which would require communities to streamline approval processes. He reviewed current application types stating they were common compared to other Colorado statutory municipalities. Research and engagement was focused on which processes should be modified to respond to the complimentary goals in the comprehensive plan to improve efficiency, providing meaningful opportunities for public participation and meeting legal and statutory requirements. He reviewed proposed changes to final plats, minor subdivisions, PUD final plan, special review uses, location and extent review, and conditional use permits. Discussion ensued on placing planning items on the consent agenda. Staff confirmed items which are routine or do not have substantive changes are commonly placed on the consent agenda. Concerns were heard related to the appearance of lack of transparency when items are presented on the consent agenda. Town Attorney Kramer requested additional time to conduct legal review on whether certain items could be on the consent agenda. Discussion ensued on location and extent review and the frequency in which these type of applications are considered. Discussion ensued on what standards are looked at as part of minor and major modifications. General support was heard for clear definitions and the Board requested avoiding the use of ambiguous references. Design Workshop would bring back modifications to minor definitions for consideration at a future meeting. SCHEDULE NEXT MEETING. It was suggested and determined the Town Board and Estes Park Planning Commission would set the next meeting when a topic was determined. There being no further business, Mayor Hall adjourned the meeting at 5:57 p.m. Bunny Victoria Beers, Deputy Town Clerk DRAFT The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: October 14, 2025 Subject: Estes Park Housing Authority Board Appointment of Marty Miranda to complete the term of Phil Frank expiring April 30, 2029. Type: Appointment Objective: To consider the appointment of Marty Miranda for a term expiring April 30, 2029. Present Situation: The Estes Park Housing Authority (EPHA) received a resignation from Phil Frank on August 4, 2025. The position was advertised and two applications were received. The interview committee consisting of Trustee Brown, liaison to the EPHA, and Trustee Igel, as well as EPHA Director Moulton conducted interviews on September 24th and 26th. Proposal: The interview committee is recommending the appointment of Marty Miranda to complete the term of Phil Frank expiring April 30, 2025. Mr. Miranda has lived in Estes Park for four (4) years and expressed in his application a desire to serve on the EPHA due to a deep-seated belief in the importance of creating stable and supportive housing opportunities for everyone in the community. He further noted that safe, affordable, and well-managed housing is necessary for a thriving community. During his career he worked in business tax compliance and as an administrator building a clear understanding of strategic planning, fiscal oversight, transparent government and collaborative decision-making. Advantages: Appointment of Mr. Miranda to complete Phil Frank’s term ensures a continuity of operation of the EPHA Board. Disadvantages: Leaving the position unfilled may cause quorum issues until an appointment could be made by the Town of Estes Park. Action Recommended: Approve the appointment as outlined. Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motions: I move to approve/deny the appointment of Marty Miranda to complete the term of Phil Frank expiring April 30, 2029. Attachments: Cover letter from Marty Miranda dated August 28, 2025 MARTIN MIRANDA August 28, 2025 Mayor and Trustees City of Estes Park 170 MacGregor Ave Estes Park, CO 80517 Subject: Application for Estes Valley Housing Authority Board Position Dear Mayor and Trustees, I am writing to express my strong interest in the vacant Estes Valley Housing Authority Board position, as advertised on the City of Estes Park’s website. With a passion for a proactive approach to workforce housing, I am committed to developing innovative solutions and processes to ensure that all who work in Estes Park can afford to live here. I believe my experience in financial funding, community engagement, and legislative collaboration, would be a valuable asset in meeting the housing needs of low-and moderate-income residents both now and in the future. While with the State of California, I served on numerous boards and committees, addressing complex issues in taxation and project funding. My success stemmed from a collaborative approach, actively seeking solutions that fostered buy-in and support from all departments and legislative branches. I am adept at navigating the legislative process to secure funding through Budget Change Proposals and maintaining clear communication with all stakeholders throughout a project's lifecycle. A key component of my work involved community and industry outreach. I prioritized effective and efficient communication to ensure communities and industries were not caught off guard by change. By actively seeking their input, I helped them transition to new processes and gain support for the projects and the changes they brought. I see a clear and urgent need for affordable housing in Estes Park. The high cost of living has made it difficult for our dedicated workforce to afford housing. My experience in managing complex projects and fostering community support directly relates to the many projects needed to expand reliable workforce housing in our community. In particular, I believe we must not overlook the needs of our seasonal workforce. They are a significant part of our community during our busiest months and are often forced to sleep in campgrounds or their cars due to a lack of affordable options. I am eager to help develop a strategic plan that includes all aspects of our community, including this essential group, to ensure we are providing key services for everyone. Thank you for your time and consideration. I look forward to the opportunity to discuss my qualifications with you further. Sincerely, Marty Miranda Attachment 1 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: October 14, 2025 Subject: Estes Valley Public Library District Board Appointment of Julie Abel and Kay Boyle for four (4) year terms beginning January 1, 2026 and ending December 31, 2029. Type: Appointments Objective: To consider the appointments recommended by the Estes Valley Public Library Board of Trustees for two positions expiring on December 31, 2025. Present Situation: Julie Abel was appointed to completed the term of Anne Dewey on August 27, 2024 with a term ending December 31, 2025. Ms. Abel expressed an interest in being reappointed to a full term, and if approved would be her first full term on the Library Board. Ms. Beth Ellis has served on the Library Board since January 2017 to initially complete the term of Debra Dullaghan with a term ending December 31, 2017. She has since been appointed to two (2) four (4) year terms on the board and is now term limited. The volunteer position on the board was advertised on multiple platforms by the library and two applications were received. Both applicants were interviewed. Proposal: The Estes Valley Library Board of Trustees is requesting the appointment of Julie Abel and Kay Boyle to four (4) year terms beginning January 1, 2026 ending December 31, 2029. The attached letter from Cindy Morriss/Library Board of Trustees President outlines the background of Abel and Boyle. All appointments to the Library Board require the approval from both the Town Board and the County Commissioners. Advantages: To appoint two members prior to term expiration of the current Board of Trustees and ensure a continuity of operation of the board in January 2026. Disadvantages: Leaving the position unfilled may cause quorum issues in 2026 until appointments could be made by the Town of Estes Park and the Larimer County Commissioners. Action Recommended: Approve the appointments outlined in the letter dated September 22, 2025. Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motions: I move to approve/deny the appointments of Julie Abel and Kay Boyle for four (4) year terms beginning January 1, 2026 and ending December 31, 2029. Attachments: Estes Valley Library Board of Trustees letter dated September 22, 2025 Attachment 1 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Department: Town Administrator’s Office Date: October 14, 2025 Subject: Resolution 91-25 Cooperative Management Agreement between the National Park Service and the Town of Estes Park regarding Maintenance of Fish Hatchery Road Type: Resolution Objective: Approve a Cooperative Management Agreement between the National Park Service and the Town of Estes Park regarding maintenance of Fish Hatchery Road. Present Situation: The Town has long been interested in utilizing the Fish Hatchery property, owned by the Town, for a workforce and/or attainable housing development. In the course of our due diligence regarding future development of the site, staff learned that the National Park Service owns a “strip” of land that essentially bisects the property and closely aligns with Fish Hatchery Road. Staff from the Town and the Estes Park Housing Authority have been in discussions with the National Park Service for a few years now about the implications of the Park-owned strip, somewhat unsure how to proceed through the arduous federal processes that would be required to incorporate the strip into a future development. Earlier this year, new federal rules were promulgated that permit certain National Park Service staff to enter into “Cooperative Management Agreements” with eligible entities – in this case the Town of Estes Park and the Estes Park Housing Authority – that, in short, would enable the housing development to proceed. In exchange for permitting utilities (i.e. Fish Hatchery Road) in what is technically the National Park Service’s Right-of-Way, the Town would agree to maintain the roadway with respect to plowing, paving, striping, landscaping, controlling drainage, and signage. It should be noted that the Town has historically done this work. The proposed agreement would simply formalize the Town’s responsibilities as they relate to the road, as well as the Town’s role regarding the tract of land vis-à-vis the National Park Service and Estes Park Housing Authority. Proposal: Staff proposes that the Town Board consider and approve the attached Resolution, which would approve a cooperative management agreement between the National Park Service and the Town of Estes Park. Advantages: Approval of the Resolution is necessary in order to develop the Fish Hatchery site as currently envisioned for workforce and/or attainable housing. Disadvantages: None noted. Action Recommended: Staff recommends approval of the Resolution. Finance/Resource Impact: If the Resolution is approved, the Town would be formally responsible for maintenance of Fish Hatchery Road. Because this has historically occurred in practice, we do not expect any additional impacts to financial resources beyond funding contributed to accommodate a housing development on the property. Level of Public Interest: Medium Sample Motion: I move for the approval/denial of Resolution 91-25. Attachments: 1. Resolution 91-25 2. Cooperative Management Agreement between the National Park Service and the Town of Estes Park regarding Maintenance of Fish Hatchery Road RESOLUTION 91-25 COOPERATIVE MANAGEMENT AGREEMENT WITH THE NATIONAL PARK SERVICE FOR MAINTENANCE OF A PORTION OF FISH HATCHERY ROAD WHEREAS, the Town Board wishes to enter a cooperative management agreement referenced in the title of this resolution for the purpose of maintaining the roadway with respect to plowing, paving, striping, landscaping, controlling drainage, and signage. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the cooperative management agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this 14th day of October, 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 ROMO agreement number: H1520250001 COOPERATIVE MANAGEMENT AGREEMENT between the NATIONAL PARK SERVICE and TOWN OF ESTES PARK, COLORADO Project Title: Cooperative Management of Federal Park Lands Outside of the Rocky Mountain National Park Boundary Amount of Federal Funds Obligated: Refer to Article VI.A. of this agreement. This Cooperative Management Agreement ("Agreement") is made and entered into by and between the TOWN OF ESTES PARK ("Town") and the UNITED STATES OF AMERICA, acting through the National Park Service ("NPS"). The Town and NPS may hereinafter be referred to as a "Party," or collectively the "Parties." ARTICLE I -BACKGROUND AND OBJECTIVES The Town of Estes Park is a gateway community of the Rocky Mountain National Park. NPS and the Estes Park Housing Authority, a quasi-governmental, not-for-profit agency, which manages rental and home ownership programs in the Town of Estes Park, are currently entering into a donation agreement wherein the Estes Park Housing Authority is donating services to improve Tract 02-129 of Fish Hatchery Road which is the portion of the road held in fee by the NPS but outside the boundary of the Park. Tract 02-129 includes portions of the unpaved Fish Hatchery Road, parking, portions of a paved multi­ use trail, a bridge over Fall River, existing utilities including water, sewer, and communications. Tract 02-129 is encompassed within the Town of Estes Park on which the Estes Park Housing Authority is constructing a housing development and improving Fish Hatchery Road including Tract 02-129. This will include paving, curbing, landscaping, parking, and drainage improvements. Once the improvements are completed, the Town of Estes Park will maintain Tract 02-129 of Fish Hatchery Road including but not limited to plowing, paving, striping, landscaping, controlling drainage, and signage. The Town and NPS would benefit by greater efficiency, safety, and cost savings derived from cooperative maintenance procedures and practices and desire to enter into an agreement to provide for cooperative management of Tract 02-129 in order to obtain such benefits. ARTICLE II -AUTHORITY A.NPS enters into this Cooperative Management Agreement pursuant to the following authorities: 1.54 U.S. C. 101703, which authorizes the Secretary to enter into an agreement with a State or local government agency to provide for the cooperative management of Federal and Attachment 2 ROMO agreement number: H1520250001 2 State or local park areas (but may not transfer "administration responsibilities" for any unit of the National Park System under this authority). Under such an agreement, the Secretary may acquire from and provide to a State or local government agency goods and services to be used in the cooperative management of land. Also, assignment of Federal, State or local employees for the cooperative management activity may be for any period determined by the Secretary or the State or local officials to be mutually beneficial. 2. 16 U.S.C. § 8441, which authorizes the Secretary to enter into agreements to support gateway communities. 3. 54 U.S.C. §§ 100101 et seq. (the NPS Organic Act), which authorizes the NPS to take actions in furtherance of the NPS’s mission. B. The Town enters into this agreement pursuant to: 1. Town Authority: § 29-1-203, C.R.S., authorizing intergovernmental agreements for services. ARTICLE III - STATEMENT OF WORK A. All Parties t o this Agreement, to the extent deemed appropriate by each Party at its own discretion, shall cooperate in the following areas. Specific actions by each Party are detailed in Sections B-C. 1. Common Protection: Utilize their respective resources, staff, equipment, and facilities assigned to Tract 02-129 for the common protection of all resources contained within Tract 02-129, as well as for the appropriate enjoyment and appreciation of the same by the public. 2. Efficiencies and Cost Savings: Seek to attain cooperative operating procedures and practices that result in efficiencies and cost savings. 3. Operational Responsibilities: Explore future possibilities to exchange operational responsibilities for parklands within Tract 02-129 when the Parties of ownership and responsibility agree such exchanges will result in more cost-effective operations and/or enhanced public services. 4. Emergency Coordination and Closures: Work together and communicate during emergencies such as fires, floods, landslides, earthquakes, etc. When emergency closures are necessary, the administering agency will notify other Parties as soon as possible and maintain communication until the area reopens. B. The NPS shall: 1. Provide review, as requested, of proposed changes to maintenance standards. 2. Assist public and private utility providers to permit utilities in Tract 02-129 pursuant to the ROMO agreement number: H1520250001 3 NPS Right of Way program and Directors Order 53. C. The Town shall: 1. Maintain Fish Hatchery Road Tract 02-129 pursuant to the Larimer County Urban Area Street Standards (April 4, 2023) or any later-adopted Town standards which are consistent with NPS policies and standards. 2. Maintain Fish Hatchery Road Tract 02-129 including the following: a. Plowing b. Paving c. Striping d. Landscaping, e. Controlling drainage f. Signage. 3. Direct utility providers to NPS for installation and maintenance and will not allow utility providers to install or co-locate utilities on Tract 02-129. ARTICLE IV -TERM OF AGREEMENT This Agreement will be in effect for a period of ten (10) years beginning on the date the last signature is affixed to this Agreement, unless terminated earlier in accordance with Article VII of this Agreement. This Agreement may be extended for subsequent ten (10) year terms with the written concurrence of both Parties ARTICLE V - KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communication between the Parties and the work being performed. They are: 1. For the NPS: Gary Ingram Superintendent Rocky Mountain National Park 1000 US Highway 36 Estes Park, CO 80517 2. For the Town of Estes Park: Town Engineer The Town of Estes Park 170 MacGregor Ave ROMO agreement number: H1520250001 4 P.O. Box 1200 Estes Park, CO 80517 B. Communications. The Parties shall address any communication regarding this Agreement to the key officials. ARTICLE VI - EXPENDITURE OF FUNDS A. This Agreement does not obligate NPS or Town to expend any funds in excess of appropriations authorized by law. The commitment of funds in furtherance of this Agreement shall be authorized by separate agreements or amendments issued against this Agreement identifying each project or group of projects, amount of funding, key officials, and any other special terms or conditions applicable to the specific project. Complex projects should include a breakdown of funding in the form of a budget including personnel costs. B. Unless otherwise specified, the terms and conditions as stated in this Agreement shall apply to all project agreements. C. If agencies want/need to develop project-level task agreements, those separate agreements will be executed in writing prior to the commencement of work or obligation of funds. ARTICLE VII- PROPERTY UTILIZATION AND DISPOSITION A. Any tools, equipment, material or other property supplied by an agency shall remain its own. Each agency agrees to properly maintain and safeguard each other's property. Reimbursement or replacement for loss or damage to the other agency's property shall be handled in accordance with the responsible employee's agency policy. ARTICLE VIII - MODIFICATION AND TERMINATION A. Modification: This Agreement represents the entire understanding of the Parties. No prior oral or written understanding shall be of any force or effect with respect to those matters specifically covered in this Agreement. This Agreement may be modified only in writing executed by the Parties. B. Termination for Any Reason: Either party may terminate its participation in this Agreement by providing sixty (60) days written notice to the other party. ARTICLE IX - GENERAL. AND SPECIAL PROVISIONS A. Non-Discrimination All activities pursuant this Agreement shall be in compliance with the requirements of ROMO agreement number: H1520250001 5 Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§ 2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§ 6101 et seq.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. B. Lobbying Prohibition 18 USC.§ 1913, Lobbying with Appropriated Moneys - No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. C. Anti-Deficiency Act 31 US. C. § 1341 - Nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations. D. Prohibition on Text Messaging and Using Electronic Equipment Supplied By the NPS While Driving Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving This Executive Order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company owned or rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on government business or when performing any work for or on behalf of the federal government. E. Employees, Consultant, Agents, Contractors and Subcontractors ROMO agreement number: H1520250001 6 Either party may engage consultants or contract administration personnel as subcontractors to perform, administer, or coordinate any task governed by this Agreement and the attachments hereto. Nothing in this Agreement shall be construed as preventing either party from utilizing as many employees as deemed necessary for the proper and efficient execution of this Agreement. All third-party contracts and or subcontracts executed in furtherance of this Agreement shall follow any and all applicable Federal or State laws regarding contracting. F. Liability The United States shall be liable, to the extent allowed by law, including the Federal Tort Claims Act, for claims for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement. The Town shall be liable, to the extent allowed by law, including the Colorado Governmental Immunity Act, for claims for personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the Town while acting within the scope of his or her employment arising out of this Agreement. Nothing in this Agreement is intended to waive the defenses, monetary limitations, terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the Town or any of its officers, agents or employees. G. Severability If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable, for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, covenants, promises, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. H. Disputes This Agreement shall be construed and interpreted, as to both validity and performance of the Parties, in accordance with the laws of the United States. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. I. No Third-Party Beneficiaries ROMO agreement number: H1520250001 7 Unless expressly stated herein, nothing in this Agreement is intended to grant any rights or provide any benefits to any third party. ROMO agreement number: H1520250001 8 ARTICLE X - AUTHORIZING SIGNATURES IN WITNESS WHEREOF, the Parties hereby execute this Agreement on the date set forth below. For the Town of Estes Park: Signature_________________________________________________________Date________ Gary Hall, Mayor The Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ROMO agreement number: H1520250001 9 For NPS: Signature_________________________________________________________Date________ Superintendent Rocky Mountain National Park Signature_________________________________________________________Date________ Regional Director, Intermountain Region National Park Service The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: October 14, 2025 Subject: Interview Committee for the Estes Park Board of Adjustment Type: Appointment Objective: To appoint Town Board members to the interview committee for the vacancy on the Estes Park Board of Adjustment. Present Situation: The Estes Park Board of Adjustment has one (1) opening with the resignation of Wayne Newsom for a term expiring on March 31, 2027. Terms on the Authority’s board are for three (3) year terms. The position has been advertised since the resignation was received in early September 2025. No applications were received by the initial closing date of September 30, 2025; therefore, the volunteer position posting was extended through October 31, 2025. One application was received on October 5, 2025. Interviews would take place depending the schedules of the interview committee in early November. Proposal: Policy 101 Section 6 states all applicants for Town board/committees are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the board/commission positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Town Board members to the interview committee to consist of the liaison for the board and one other Board member. Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motions: I move to approve/deny the appointment of Trustees Brown and ___________ to the Estes Park Board of Adjustment interview committee. Attachments: None.