HomeMy WebLinkAboutMINUTES Town Board 2025-11-12Town ofEstes Park, Larimer County, Colorado, November 12, 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 12th day of November, 2025.
Present: Gary Hall, Mayor
Mayor Pro Tem Marie Cenac
Trustees Bill Brown
Mark Igel
Kirby Hazelton
Frank Lancaster
CindyYounglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Bunny Beers, Deputy 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 APPROVAL.
It was moved and seconded (Brown/Cenac) to approve the Agenda with Action Items
appearing in the following order: Public Hearing - 2026 Proposed Budget, 2026
Visit Estes Park Operating Plan, Resolution 99-25, Ordinance 18-25, Revised Policy
842 Parking Permits, Post Office Space Constraint Study Request Letter, Revised
Policy 601 Spending Authority and Limits and Revised Policy 1101 Delegation of
Contract Signature Authority, and it passed unanimously.
PUBLIC COMMENTS.
Patrick Martchink/Town resident and former Trustee announced the publication of
"Goodnight Estes Park" a children's book written by him and his wife Andria Martchink.
He invited the Board and public to a signing event on December 6th where his daughter
lla would be reading the book to attendees.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: Interim Fire Chief Warren
Jones was appointed by the Estes Valley Fire Protection District; the Mayor spoke at the
Larimer County Board of County Commissioners meeting to support the Estes Park
Health acquisition by UC Health; members spoke regarding the November4th coordinated
election unofficial results, the importance of voting, thanked staff for their support in
providing a Town jurisdiction map to help identify voter eligibility at the polls and stated
the official results would be certified after Larimer County canvassing was completed;
Board of Adjustment interviews would be conducted by the interview committee and any
recommendation would be forthcoming; Restorative Justice held a Board meeting where
discussions surrounded future focuses, development code group conversations, and the
Better Together Fundraising event on December 11th; Visit Estes Park CEO Sarah
Leonard was in attendance at the Board meeting and would start her official position on
December 1st; Mayor Pro Tem Cenac and Trustee Hazelton would host a Trustee Talk
at the Senior Center on November 20th; National Philanthropy Day would take place and
nominees were congratulated; Sister Cities would discuss the delegation visit at their
meeting and more information would be provided at a future meeting; the Colorado Opioid
Abatement Conference took place in October and highlighted a 31 % decrease in fentanyl
deaths in the State of Colorado and anticipated $880 million in funding would be coming
into Colorado through 2041 to help address addiction and recovery efforts; the Rooftop
Rodeo would take place July 6-11, 2026; Greg Muhonen/Stormwater Engineer was
named Professional Manager of the Year in 2025, by the Colorado Chapter of American
Board of Trustees - November 12,2025 - Page 2
Public Works Association (APWA); APWA recognized the Downtown Estes Loop Project
as the Project of the Year for Small Communities; and staff were commended for the
Town being awarded the International City/County Management Association's Local
Government Excellence Award in the Community Partnership category for its role in the
collaboration with Visit Estes Park and Larimer County to address critical workforce
housing and childcare issues.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek thanked staff and all efforts to hold a Veteran's Day
Ceremony where colors were presented by local Boy Scouts Troup #8, the ceremony was
led by American Legion Post 119 Commander Dan Scace, Mayor Hall led the Pledge of
Allegiance, Todd Bertani delivered the invocation, Tracy Dalton offered the benediction,
and Brad Fitch shared stories of his service.
CONSENT AGENDA:
1. Expenditure Approval Lists - Bills
2. Town Board Meeting and Study Session Minutes dated October 28,2025
3. Resolution 94-25 Contract Amendments Extending Debris Removal and Hauling
Sen/ices with Multiple Contractors to Deal with Storm, Disaster, or Other Events
4. Resolution 95-25 Design Build Construction Contract for Mrs. Walsh's Garden Pond
with Whitestone Construction $114,206.40 Budgeted
It was moved and seconded (Cenac/Hazelton) to approve the Consent Agenda,and
it passed unanimously.
ACTIQNITEMS:
1. PUBLIC HEARING - 2026 PROPOSED BUDGET. Mayor Hall reopened the public
hearing which was continued at the October 28, 2025 meeting. Director Zimmerman
highlighted the following items presented at the first hearing including: the budget
timeline, the 2026 Strategic Plan, fund balances, Highway User's Trust Fund, and
stated a final 2025 budget appropriation would be presented at an upcoming meeting.
Mayor Hall closed the public hearing. It was moved and seconded
(Hazelton/Younglund) to approve the Highway User's Trust Fund for
expenditures for striping, snow plowing, traffic signs, streetlights, and other
related road and street costs as proposed for 2026, and it passed unanimously.
It was moved and seconded (Hall/Cenac) to approve Resolution 96-25 to set the
mill levy, 97-25 to adopt the 2026 budget, and 98-25 to appropriate sums of
money for 2026, and it passed unanimously.
It was moved and seconded (Younglund/Hazelton) to approve the 2026-2030
Capital Improvement Plan, and it passed unanimously.
2. 2026 VISI^K^^^ OPERATING PLAN. The item was continued from the
October 28, 2025 Town Board meeting. The Board requested additional information
related to a recent VEP marketing contribution adjustment for the 2026 Frozen Dead
Guy Days event. Trustee Hazelton stated there have been no changes to the VEP
Operating Plan and the funding change for Frozen Dead Guy Days FDGD was not
ingrained in the plan presented to the Town Board and the County Commissioners.
There being no further discussion, it was moved and seconded (Hazelton/Cenac) to
approve the 2026 Visit Estes Park Operating Plan, and it passed unanimously.
3. RESOLUTION 99-25 RESTATE^m^^^ AGREEMENT FOR
THE ESTES PARK LOCAL MARKETING DISTRICT. On May 6, 2025, the Town
Board and Board of County Commissioners held a joint study session to discuss Visit
Estes Park (VEP). At the direction of both bodies, staff were directed to review the
current intergovernmental agreement (IGA) and draft proposed amendments.
Board of Trustees - November 12,2025 - Page 3
Proposed changes were reviewed at the May 27th and October 14th Town Board study
session. Resolution 99-25 contained the following three changes: language was
added in Section 6.8 to clarify both governing boards need to approve the VEP bylaws;
Section 8.6 was added to require VEP to submit the organization's line-item budget
by December 31st, and added language in Section 8.3 to clarify both governing boards
need to approve VEP's Annual Operating Plan. The restated IGA would also set a
March 2, 2026 deadline for the VEP Board of Directors to review and approve its
bylaws and present to both elected bodies for consideration. Previously discussed
modifications included: a cleanup of the provisions for elections ifVEP seeks or was
required to submit any question to an election; reduction in the number of VEP
Directors through natural attrition from seven to five, with three Town-appointed and
two County-appointed and no impacts to sitting members; the Town would appoint
two Board members and the County would appoint one Commissioner; new quorum
of three Directors and requirement for three affirmative votes for the VEP Board to act;
a change to the process for removing an appointed Director; creation of a Marketing
Advisory Committee and a mechanism for current VEP Directors to transition to the
committee without an interview; VEP to include a policy and bylaw compliance report
for the previous 12-month period in the annual Operating Plan, and any decision to
terminate the IGA or dissolve VEP would require a majority vote of each elected body.
Staff recommended approval of Resolution 99-25. Board comments have been
summarized: reluctance was heard for forming new committees and reducing the
membership on the VEP Board; support was heard for a change in the structure of the
Board and the formation of a marketing committee with public and former VEP Board
representation; confidence in the new CEO; the Board mentioned pros and cons for
making changes during a CEO transition; past governance problems and public
comments received identified as issues currently and were similar in 2018 reinforcing
the issue was structural; and it was stressed the changes are not a reflection of people.
It was moved and seconded (Younglund/Hazelton) to approve Resolution 99-25,
and it passed with Mayor Hall and Trustees Brown and Igel voting "No".
4. ORDINANCE 18-25 AMENDING CHAPTER 5.20 OF THE ESTES PARK
MUNICIPAL CODE REGARDING _VACATION HOMES AND BED AND
BREAKFAST INNS. Mayor Hall opened the public hearing. Town Clerk Williamson
presented Ordinance 18-25 amendments to the Estes Park Municipal Code for
vacation home regulations. The proposed changes would address hosted vacation
homes, the residential waitlist, require a natural person to apply for a vacation home,
establish the marketing and advertising of a vacation home without a license as a
violation and miscellaneous revisions. The ordinance would remove the requirement
for the primary resident to not be present during a rental, thereby allowing the property
to be hosted or unhosted so long as occupancy limitations do not exceed the allowed
limit. The revision would provide a one-time opportunity for bed and breakfasts (B&B)
licensed by May 23, 2023, to apply for a hosted vacation home license through the
end of the renewal period January 31, 2026 over the current residential cap. The Town
removed the last application from the waitlist this year for residentially zoned
properties subject to the 322 cap. The proposed revision would establish a lottery
system with a cap for those interested in obtaining a residentially zoned vacation home
license. The lottery would be held after the annual renewal process when there are 10
or less applications on the list and populate the list up to 30. She stated if during the
lottery an application was not chosen, the applicant would get an additional entry in
any new lottery. The revisions also identify a non-refundable $200 application fee for
all new vacation home applications, which would be applied to the business license
fee at completion of the application process. The proposed ordinance would establish
the marketing and advertising of a vacation home without a license as a violation of
the code and assess the maximum penalty fee of $2650 per violation. The violation
could be assessed for each day the property was being advertised and if properties
have a confirmed violation, the property would not be eligible for five (5) years to apply
for a new license or be placed on the waitlist. Town Attorney Kramer spoke regarding
the non-transferability of non-transferable licenses. At the June 10, 2025 study
session, the Board requested a concept where non-transferable licenses could
transition to natural persons and allow some transfers to family members. At the
October 14, 2025 study session, the Board were presented with a list of family
members to discuss, and the Board direction was to not include a provision allowing
Board of Trustees - November 12, 2025 - Page 4
transfers to certain family members. He clarified, business entities (LLCs) could retain
ownership of the property and not be the named licensees on that license. The
amendments would require the licensee to demonstrate ownership interest in the
home, identify and submit to the Town natural persons no later than the 2027 renewal
and if property ownership changes, demonstrate a continued ownership interest in the
property.
Matt Lovas/Town resident and bed and breakfast operator requested clarification on
the vacation home license fees for hosted vacation homes.
Board discussion ensued and has been summarized: Questioned Board consensus
on allowing some transfers to certain family members; it was recommended to change
5.20.110(b)1.c related to response to waitlist applicants from 14 days to 30 days;
concerns were heard for applying a five (5) year suspension if properties sell or if there
are special circumstances and the high violation fee; whether there should be an
ability to cure an administrative issue; and more time was requested to review updated
code language provided to the Board.
It was moved and second (Brown/lgel) to continue the public hearing on
Ordinance 18-25 until November 25, 2025 and to schedule a study session to
discuss Board concerns, and it failed with Mayor Hall, Mayor Pro Tem Cenac and
Trustees Hazelton, Lancaster and Younglund voting "No".
Town Administrator Machalek reminded the Board of the upcoming holiday, time
constraints, and requested clarification on Board concerns to provide staff direction in
drafting an item to be brought back for consideration. After further discussion, Mayor
Hall closed the public hearing.
It was moved and seconded (Lancaster/Brown) to approve the sections on hosted
short-term rentals, include the transfer of bed and breakfast licensing change,
the lottery and waitlist, licenses must be held by natural persons and change
the waitlist response period from 14 days to 30 days, and no vote was cast as a
substitute motion was made.
After further discussion, a substitute motion was moved and seconded
(CenacA'ounglund) to approve Ordinance 18-25 as presented, and it passed with
Trustees Brown, Igel and Lancaster voting "No".
5. REVISED POLICY 842 PARKING PARMITS. Staff stated Policy 842 Business
Permit: Commercial Loading currently allows holders to load and unload business
vehicles from a parking stall or loading zone located in downtown Estes Park with
limitations on overnight parking and prohibits overnight parking downtown. At the
October 28, 2025 study session, the Board directed staff to bring forward revisions
modifying the permit type to allow for overnight parking in the Downtown Commercial
Zoning District during the months of November through April. Sam
Tanenbaum/Wildside 4x4 stated support for the revised policy. It was moved and
seconded (Igel/Cenac) to approve revisions to Policy 842, and it passed
unanimously.
6. POST OFFICE SPACE CONSTRAINTS STUDY REQUEST LETTER. The USPS
facility serving Estes Park was dedicated on May 13, 1962. Since that time, visitation
patterns to Estes Park and the volume of mail handled by the post office have changed
significantly. The existing postal facility does not have sufficient secure storage or
loading space for postal carriers, leading the carriers to rely on the use of the Town-
owned Baldwin Parking Lot for post office operational needs. A Space Constraint
Study (SCS) would be a first step in gaining USPS support for the relocation of the
post office. Staff recommended Board approval of the letter to the USPS and the
Town's Congressional Delegation outlining known challenges with space at the postal
facility and requested USPS begin working on a SCS. The Board agreed there are
significant constraints at the Post Office, the issues were severe and stated
appreciation to staff for putting together the constraints study request letter. It was
Board of Trustees - November 12, 2025 - Page 5
moved and seconded (Igel/Cenac) to approve the Post Office Space Constraints
Study Request Letter signed by Mayor Hall, and it passed unanimously.
7. REVISED POLICY 601 SPENDING AUTHORITY & LIMITS. The proposed
amendments to Policy 601 would delegate spending authority to the Town
Administrator to assign departmental spending limits, removing the need for Board
action when position titles change. The Town Administrator and Town Attorney would
retain their current $100,000 spending authority limits. The policy would establish
clear thresholds for change orders and department directors would be authorized to
approve change orders up to a limit set by the Town Administrator, not to exceed
$50,000, or to the amount previously authorized by a Board resolution. Director
Zimmerman stated the revisions would streamline purchasing processes and avoid
unnecessary delays related to administrative changes, and provide clear authority for
managing change orders, improving accountability, and tracking for project spending.
For large construction projects, the ability to use Board-approved contingency amount
more efficiently could prevent costly project delays. Existing exceptions would remain
in place for expenditures approved during the annual budget process, such as
insurance claims and premiums, debt obligations, utility payments, purchased power
and water rights, payroll taxes and withholdings, and other specifically authorized
items. It was moved and seconded (Younglund/Brown) to approve revisions to
Policy 601, and it passed unanimously.
8. REVISED POLICY 1101 DELEGATION OF CONTRACT SIGNATURE AUTHORFPf.
Policy 1101 was adopted in 2020 clarifying which Town employees are authorized to
approve various contracts and identified which contracts require Board approval. The
Board reviewed and approved updates to Policy 1101 at the August 12, 2025 meeting,
with the exception of memoranda of understanding being executed by the Police
Chief. Town Administrator Machalek requested the Board reconsider the proposed
edits to the Police Chief's signature authority to execute operational agreements with
law enforcement partners in a timely and efficient manner, consistent with how
regional law enforcement agencies approach these agreements. He stated the Town
Administrator was responsible for any contract executed within staff's authority and
would elevate any agreement to the Board in accordance with Governance Policy
2.1.8.8. Clarification was requested on the ability of the Police Chief or staff to release
data collected through license plate readers or flock systems. Town Attorney Kramer
informed the Board, the release of flock/license plate data or information was
governed by the Colorado Open Records Act and the Colorado Criminal Justice
Records Act. It was moved and seconded (Hazelton/Lancaster) to approve
revisions to Policy 1101, and it passed unanimously.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Cenac/Brown) to enter into executive session 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. - Ballot Question 300,
and it passed unanimously.
Mayor Hall adjourned the meeting at 9:49 p.m. to enter into executive session.
The Board concluded Executive Session at 10:49 p.m.
Whereupon Mayor Hall adjourned the meeting at 10:50 p.m.
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Gary HafT^ayor
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<^HSmyVictoria Beers, Deputy Town Clerk