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HomeMy WebLinkAboutMINUTES Town Board 2025-10-28Town ofEstes Park, Larimer County, Colorado, October 28, 2025 Minutes of a Regular meeting of the Board of Trustees of the Town ofEstes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 28th day of October, 2025. Present: Gary Hall, Mayor Trustees Bill Brown Mark Igel Cindy Younglund Also Present: Travis Machalek, Town Administrator Dan Kramer, Town Attorney Bunny Beers, Deputy Town Clerk Absent: Mayor Pro Tem Marie Cenac and Trustees Kirby Hazelton and Frank Lancaster 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 (lgelA/ounglund) to approve the Agenda, and it was approved unanimously. PUBU(;^OMMiNTS. John Guffey/Town Resident spoke against a new police department and infrastructure growth. He stated concerns with the removal of a children's playground, the number of police vehicles, and the adequacy of the existing space. TRUSTEE COMMENTS. Board comments were heard and have been summarized: the Board heard appreciation from constituents on Board members explaining viewpoints during meetings and on decisions; the Colorado Opioid Abatement Council Annual Conference and Rethinking Addiction and Recovery Conference were held in October; the public were encouraged to apply for the vacancy on the Board of Adjustment; the Estes Park Housing Authority (EPHA) would determine how to move staff offices to the Fall River Village location to save costs; it was clarified trustee comments are not limited to liaison reports; The Estes Arts District was named as Colorado Creative Districts by the Governor and the Colorado Creative Industries; Estes Park Health and UC Health would finalize the merger on December 1st; and registered electors were encouraged to vote in the upcoming Coordinated election. Trustee Brown provided comments related to the upcoming election including: fear mongering; the existing code and rezoning processes; past denied applications for rezoning; and noted Ballot Question 300 would change the current development environment, and restrict and limit development by delegating governmental decision making to non-governmental actors who are not accountable to the electorate. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek thanked the Water Division staff for the repairs to a water main break over the weekend. He reported on Board Policy 3.3 and reported full compliance. CONSENT AGENDA: 1. Expenditure Approval Lists - Bills 2. Town Board Meeting and Study Session Minutes dated October 14,2025 3. Joint Town Board and Larimer County Commissioners Study Session Minutes dated October 15, 2025 Board of Trustees - October 28,2025 - Page 2 4. Town Board Budget Study Session Minutes dated September 18, 2025 and October 3,2025 5. Resolution 92-25 2026 Annual 6E Funding Plan 6. Revised Policy 208 Naming of Town-Owned Parks, Open Spaces and Facilities 7. Acceptance of Town Administrator Policy Governance Monitoring Report Trustee Brown requested Consent Agenda Item #5 be removed for discussion. It was moved and seconded (IgelA'ounglund) to Approve the Consent Agenda with the removal of Consent Agenda Item #5, and it passed unanimously. CONSENT AGENDA ITEM #5: Resolution 92-25 2026 Annual 6E Funding Plan. Trustee Brown stated support of staff and EPHA for their efforts in addressing childcare and workforce housing in the community. Trustee Igel stated public comments received during the Trustee Talk raised concern that EPHA continues to purchase properties that come on the market. EPHA Director Moulton reviewed the Authority's strategic plan to purchase or build workforce housing that fits within the housing needs assessment, the Authority's funding capacity, and provides the best value for the community. He stated EPHA would move with speed and purpose when presented an opportunity to provide workforce housing, grounded by EPHA's mission. The EPHA anticipated occupancy stabilization in second quarter of 2026. It was moved and seconded (BrownA^ounglund) to approve Consent Agenda Item #5, and it passed unanimously. REPORTS & DISCUSSION ITEMS (Outside Entities): 1. MUNICIPAL COURT UPDATE. Municipal Judge Thrower provided an update on the activity of the court. He noted Howard Bartlett acts as the Town's Assistant Municipal Court Judge and Avi Rocklin as the Town's Prosecuting Attorney. Estes Park was identified as a court of record, and stated jail was not a possible penalty except for cases of contempt. Judge Thrower stated he presides over eight courts and acts as relief in three. He viewed the municipal court's role as as an attempt to preserve rights and when appropriate change behavior. He spoke regarding the relationship between the court and the defendant and compliance versus punishment. Court has used defferred judement and Estes Valley Resorative Justice for referrals when appropriate. He stated there have been personnel changes in administrative court staff in the last year and stated support for current court staff in the Town Clerk's office. The court has updated the fine schedule which requires the Police Department to update their ticketing software and when completed, the new fine schedule would be posted appropriately. He stated increased regulation has impacted municipal courts in the State of Colorado, including the use of personal recognizance bonds and providing attorneys for in custody defendants. The court has used judicial education budget funds to retain court appointed counsel when necessary. He provided an overview of 2025 court facts and figures including: two criminal trials; 169 cases were written into municipal court; 74 citations were handled prior to court; 78% of matters were traffic or parking cases; 22% were code and criminal cases, and noted the data was fairly consistent with previous years. The Board stated gratitude for the services provided and expressed interest in county case data. ACTION ITEMS: 1. ACCEPT DELIVERY OF THE AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDING DECEMBER 31, 2024. Director Zimmerman stated the audit covered Town operations, including Visit Estes Park for lodging tax revenues and the Estes Park Housing Authority which was included in 2023 due to 6E lodging tax pass through. Ty Coleman and Abby Irvine with Haynie & Company reviewed the audit process, procedures, focuses and risk assessment. The auditor's presented an unmodified "clean" opinion and the financial statements and the Town's financial position of the funds and activities were in conformity with Generally Accepted Accounting Principles (GAAP). 2024 was the fifth year the audit was conducted by this firm and as required by state statutes, was filed accordingly and with the Board of Trustees - October 28,2025 - Page 3 appropriate agencies. The item was recommended by the Audit Committee. The audit adhered to any changes in accounting policies including compensated absences. The consultant stated the audit report was delayed due to the timing of the EPHA audited financials. A single audit was performed with one major finding related to the Water and Waste Disposal Systems for Rural Communities grant from the USDA for the Prospect Mountain Water Project. The consultants stated there was a material weakness over major controls and the item had been cleared and was no longer a reportable condition for 2024. It was moved and seconded (Brown/lgel) to accept delivery of the Audited Financial Statements for the year ending December 31, 2024, and it passed unanimously. 2. APPOINTMENT OF HAYNIE & COMPANY TO PERFORM THE AUDIT OF THE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING DECEMBER 31. 2025. State statutes, grant agreements and other regulations require the Town to conduct an annual independent audit of its Annual Comprehensive Financial Report (ACFR). Director Zimmerman stated staff and the Audit Committee met and recommended the appointment of Haynie & Company to perform the 2025 audit for the year ending December 31, 2025. The appointment would be an extension of the five-year agreement for one additional year. Staff stated the extension was recommended to provide continuity with an auditor's familiarity with the Town's financial structure and reporting practices during the transition and implementation of a new ERP financial reporting system. Board discussion ensued on the value of initiating a request for proposal in the future, and the pros and cons with using the same firm. It was moved and seconded (Igel/Brown) to appoint Haynie & Company to perform the audit of the Annual Financial Report for the year ending December 31 , 2025,and it passed unanimously. 3. 2026 VISIT ESTES PARK OPERATING PLAN. Per the terms of the Town's agreement with Larimer County for the formation of the Local Marketing District dba Visit Estes Park (VEP), the Operating Plan must be filed with both entities no later than September 30th of each year. The plan must identify services to be provided by VEP, and any marketing and promotion tax to be levied, and any other additional information identified. The Town and County must each approve, modify, or disapprove the Operating Plan no later than December 5th of each year. The 2026 Visit Estes Park Operating Plan was filed by the deadline and presented during a joint study session with the Larimer County Commissioners on October 15, 2025. Board comments were heard regarding a recent VEP marketing contribution adjustment for the 2026 Frozen Dead Guy Days event. Staff stated there have been no updates to the Visit Estes Park Operating Plan provided to the Town. After further discussion, it was moved and seconded (Igel/Brown) to continue the 2026 Visit Estes Park Operating Plan to the November 12, 2025 meeting with the Visit Estes Park Board members Cenac and Hazelton are present, and it passed unanimously. 4. PUBLIC HEARING - 2026 PROPOSED BUDGET. Mayor Hall opened the public hearing and Director Zimmerman presented the proposed 2026 budget including intended use of the Highway User Trust Fund (HUTF) revenues received from the State of Colorado. Staff confirmed all HUTF revenue would be applied toward street maintenance. Revenue was projected at $85,478,590 with expenses at $88,445,264 and a fund balance for capital at $2,966,674. Sales tax projections were set at the same level as 2024 and was based on 2023 actuals. She stated the first seven months of 2025, sales tax revenue was slightly below budget by 1.39%, however, staff anticipated the budget would be on target due to increased late summer activity, increased parking lot usage and other activity indicators. The General Fund planned usage was reflected at $3,332,233 of one-time funds for one-time projects and reserves. Fund balance reserves for 2026 was projected at 26.1 % exceeding the 25% reserve requirement outlined in Finance Policy 660. The Community Reinvestement Fund included the creation of $1.5 million in capital reserve for a future police facility. The proposed budget included increases to pay scales based upon the current market study, a merit increase, and the addition of one part-time seasonal Parking Assistant position within the Parking Services Fund. Staff stated there were no changes to the proposed draft budget following the study sessions on September 18, 2025 and October 3, 2025. Staff would bring forward a revised 2025 budget amendment before Board of Trustees - October 28,2025 - Page 4 the end of the year and recommended continuing the public hearing to November 12, 2025. John Guffey/Town Resident reiterated his concerns related to the funds set aside for a new police facility, the need for the community to closly examine any desire to build and grow, and the impacts a new facility would have on children and traffic. Trustee Igel request and staff highlighted the importance of public input during the budget and strategic planning processes, and confirmed the approval of the budget and capital improvements plan would not commit the Town to future projects. It was moved and seconded (Brown/lgel) to continue the public hearing to November 12,2025,and it passed unanimously. 5. RESOLUTION 93-25 MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF RIVERSIDE DRIVE TOWNHOMES TO THE TOWN OF ESTES PARK. Mayor Hall opened the public hearing. Planner Washam stated the annexation was referred to the Town Board and found to be in substantial compliance at the Town Board meeting on September 23, 2025. She presented Resolution 93-25 to determine if the Riverside Drive Townhomes 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 completed a review of the annexation application and found it met the criteria. Staff identified no known disadvantages or impact to the Town budget. The Board requested clarification on the public outreach process and encouraged public engagement during the public hearing process. Concern was heard related to the inclusion of intended use in the packet material which may be confusing for the public and future historical reference. Mayor Hall closed the public hearing. It was moved and seconded (Brown/Younglund) to approve Resolution 93-25, and it passed unanimously. REPORTS & DISCUSSION 1. 2025 NATIONAL COMMUNITY SURVEY RESULTS. Public Information Officer Miller provided an overview of the Town's 2025 National Community Survey. She highlighted the survey model, the Town Board's Strategic Plan to hold bi-annual surveys, data collected in the survey, the data dashboard available on the Town's website and how to navigate it, demographics for survey respondents, trends over time, and custom questions for various Town services and programs. The information would be utilized to inform town policies, programs, and determine community needs and priorities. Discussion ensued on the number of responses, anonymity and the residence of responders. The Board thanked the public for participation and staff for the overview of the dashboard. Staff would be sharing the information more broadly with the public and other organizations. 2. VISITOR CENTER PARKING LOT DESIGN. Staff requested Board direction on selecting the final design concept for the surface parking lot and landscaped area surrounding the Estes Park Visitor Center, 500 Big Thompson Avenue. Town Engineer Wittwer presented two conceptual drawings designed by Kimley-Horn and results of an Estes Park Visitor Center Parking Lot Alternatives survey. The proposed improvements outline a newly designed layout for the Visitor Center lot, locations for vehicle parking and bus layover, bus loading/unloading zones (for the Town's free shuttles, Rocky Mountain National Park Hiker Shuttle and Bustang to Estes), shuttle stops, ride-share drop-off/pick-up locations, pedestrian circulation, electric vehicle infrastructure, bicycle circulation and parking, and visitor-serving amenities including landscaping, placemaking features, lighting, wayfinding, and informational signage. The survey resulted in 236 responses. He stated Alternative A received 48% in favor with support for the separation of the buses off Highway 34. Common concerns included pedestrian movement, impacts to the farmers market, the proximity from the Visitor Center facilities, and reduction in parking spaces. Prior to the sunsetting of the Transportation Advisory Board (TAB) input was received to assist in narrowing down the options. Staff engineers primary concern for Alternative A would involve buses conflicting or entering into Highway 34 traffic. Staff requested Board input on the concepts and survey results. Board comments and questions have been summarized: Differences in costs between the concepts; disruption to the existing parking lot and Board of Trustees - October 28, 2025 - Page 5 whether one option would be less disruptful than another; and whether staff anticipate any future traffic changes or improvements which could impact the traffic in the area. Discussion ensued on pedestrian movement/crossing in the area, costs and safety concerns. After further conversation, it was determined staff would move forward with Alternative A. Whereupon Mayor Hall adjourned the meeting at 9:39 p.m. Gary HaU^Mayor eputy Town Clerk