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HomeMy WebLinkAboutMINUTES Town Board 2026-06-23Town ofEstes Park, Larimer County, Colorado, June 23, 2026 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 June,2026. Present: Gary Hall, Mayor Kirby Hazelton, Mayor Pro Tem Trustees Bill Brown Chris Eshelman Mark Igel Frank Lancaster Jamie Mieras Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Stephanie Bramwell, Recording Secretary Absent: None Mayor Hall called the meeting to order at 7:08 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Igel/Hazelton) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Terry Rustin/Town resident recommended the Board consider repairing sections of the multi-use trail on the east side of Highway 7. He acknowledged plans to reconstruct the trail but expressed concern with the ten (10) year timeline for project completion. He stated potholes, cracks, and an uneven surface has made the trail unsafe for bicyclists. He stated he saw two (2) people fall and sustain abrasions while they ran on the trail in the marathon the weekend prior. He shared four (4) photographs he had taken of the condition of the trail within twenty (20) feet of the Highway 7 and Community Drive intersection. Laura Rustin/Town resident asked why one section of the Development Code related to Planning and Zoning received greater attention from the Town Board during the Study Session that evening compared to other sections of the Development Code. She noted the Development Code was in the process of being updated and all of it contained valuable information. John Guffey/Town resident noted it was challenging to hear in the back of the room during the Study Session and the need for constituents to hear Board discussion. He stated the value of having community services such as Town Hall in a central location and expressed concern with the Police Department moving out of Town Hall. He encouraged the Board to consider other options for the Police Department to remain in its current location, including expanding the building and finding alternative parking solutions. He welcomed the new School Board Superintendent David Grubbs, expressed disappointment that Superintendent Gmbbs would not resided in Estes Park, and recommended the Board consider how to support community leaders living within the community. He stated the Dark Sky Initiative was important and asked the Board to discuss it further. He expressed the importance of the ombudsman role and his opinion such a position could be of great service to the community. TRUSTEE COMMENTS. Board comments were heard and have been summarized: Thanked the Water Division for the tour of the water treatment plants; encouraged people to attend the Upper Board of Trustees - June 23,2026 - Page 2 Thompson Sanitation District's open house; shared local art and beautification opportunities including the Friends of Folk Festival, discussion of facade improvements for businesses, and the Art District's initiative to paint additional public murals; Mayor Hall and Mayor Pro Tem Hazelton attended the Visit Estes Park (VEP) Board annual retreat where board governance, destination stewardship, new brand assets, lodging tax revenue, VEP's clean audit for 2025, and a new event funding process were discussed; encouraged people to attend VEP's Accessibility Showcase hosted in partnership with Wheel the World; Colorado Association of Ski Towns (CAST) shared sales tax numbers for 2025 for member communities, sales tax in some communities was down 4% to 18%; encouraged people to attend the Trustee Talks; encouraged people to attend the upcoming Rooftop Rodeo; Estes Park Sister Cities Association met and discussed policies for home-stay students, a potential trip for adults to Costa Rica, and ideas for the annual party in September; thanked the Auxiliary Police for their work at events; encouraged people to attend the Estes Valley Amateur Radio Club's Field Day; stated intent to further discuss processes and oversight of the Estes Park Housing Authority (EPHA) Board at a future study session; congratulated new Estes Valley Fire Protection District Fire Chief Kevin Nunn; and Mayor Hall expressed sympathy for the residents of Cleave Street due to the impacts of ongoing construction and reiterated his commitment to maintaining the character, quality, and beauty of Estes Park. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek asked the Board to continue Report and Discussion Item 2: Estes Valley Childcare Facility Master Plan to July 14, 2026 due to technical difficulties connecting the consultants virtually. He reported non-compliance of Governing Policy 3.4.5, as was reported in January, specifically for the contract set to be considered for renewal in Action Item 1: Resolution 77-26. The original contract was over $100,000, and therefore, should have been considered by the Town Board. He stated measures have been taken to avoid non- compliance in the future including further educating managers about spending authority limits and implementing the Tyler Enertprise Resource Planning System. Consent Agenda: 1. Expenditure Approval List - Bills 2. Town Board Meeting and Study Session Minutes dated June 9,2026 3. Resolution 74-26 Authorization to Execute Colorado Department of Public Health and Environment Closed Landfill Remediation Grant Agreement Amendment #1 for Stabilization Work at the Power and Communication Elm Road Storage Facility Located on the Closed Landfill in the Amount of $332,051 4. Resolution 75-26 Awarding the Mail Road Waterline Project to High Plains Excavation & Aggregate, LLP, in the Amount of $1,786,950 and Authorizing the Utilities Director to Approve Contingency Spending up to $536,000 for a Total Project Cost of $2,322,950 - Budgeted 5. Resolution 76-26 Change Order for Fall River Trail Final Segment Design with Otak, Inc., $21,606-Budgeted It was moved and seconded (Eshelman/Mieras) to approve Consent Agenda with the removal of Item 4: Resolution 75-26, and it passed unanimously. CONSENT ITEM REMOVED FOR DISCUSSION: 1. Item 4: Resolution 75-26 Awarding the Mail Road Waterline Project to High Plains Excavation & Aggregate, LLP, in the Amount of $1,786,950 and Authorizing the Utilities Director to Approve Contingency Spending up to $536,000 for a Total Project Cost of $2,322,950, Budgeted. Board discussion ensued and has been summarized: Questioned the 30% contingency budget, staff stated a typical contingency for similar projects is 20% and the increased contingency Board of Trustees - June 23,2026 - Page 3 was in response to several anticipated challenges including crossing a siphon owned by the Bureau of Reclamation, crossing of Big Thompson River, crossing Highway 34, and the presence of a high pressure gas line in the area; asked about the responsibilities of each sub-contractor, staff stated the task division had yet to be determined. It was moved and seconded (Hazelton/Mieras) to approve Resolution 75-26, and it passed unanimously. LIQUOR ITEMS: 1. RESOLUTION 78-26 NEW HOTEL AND RESTAURANT LIQUOR LICENSE FILED BY CRAGS LODGE FBS LLC DBA HISTORIC GRAGS LODGE, 300 RIVERSIDE DRIVE, ESTES PARK, CO 80517. Mayor Hall opened the public hearing. Town Clerk Williamson presented Resolution 78-26 for a new Hotel and Restaurant Liquor License under concurrent review and noted that all paperwork and fees had been submitted. The applicant was present and confirmed they were scheduled to complete responsible vendor training the following week. They stated the owners plan to remodel the property in the future. Mayor Hall closed the public hearing. It was then moved and seconded (Eshelman/Hazelton) to approve Resolution 78-26, and it passed unanimously. 2. RESOLUTION 79-26 NEW HOTEL AND RESTAURANT LIQUOR LICENSE FILED BY MOUNTAIN BERRY BAKERY LLC DBA KISSING MOOSE CAFE AND SALOON, 1701 NORTH LAKE STREET, ESTES PARK, CO 80517. Mayor Hall opened the public hearing. Town Clerk Williamson presented Resolution 79-26 for a new Hotel and Restaurant Liquor License under concurrent review and noted that all paperwork and fees had been submitted. The applicant was present and confirmed staff were scheduled to complete responsible vendor training. John Guffey/Town resident, expressed concern about the number of venues that sen/e alcohol and the impact on public safety. The applicant stated confidence in their training to avoid overserving. Mayor Hall closed the public hearing. It was then moved and seconded (Igel/Eshelman) to approve Resolution 79-26, and it passed unanimously. PLANNING COMMISSION ACTION ITEMS: 1. ORDINANCE 11-26 REZONING 440 VALLEY ROAD FROM RM (MULTI-FAMILY RESIDENTIAL) TO A-1 (ACCOMODATIONS, LOW-INTENSITY), DENICE D. BORDA, BRIAN DELANEY, AND DANA D. BURKE/OWNERS. Mayor Hall opened the public hearing. Planner Washam reviewed the application to rezone a property containing a single-family home and a triplex used as accommodations and licensed as three (3) separate vacation home licenses from RM (Multi-Family Residential) to A-1 (Accommodations, Low-lntensity) zoning to allow for a reclassification to "Resort Lodge". The applicant contends the A-1 zoning classification more accurately reflects their "small lodge" business model and would allow for a single accommodations license to be issued rather than individual vacation home licenses and corresponding workforce housing regulatory fees. The change in classification would not create a non-conforming use, however, redevelopment would limit the property to up to three (3) units on the 0.8-acre property. Planner Washam noted the application complies with the relevant standards and criteria set forth in the Estes Park Development Code including addressing changes in conditions in the area affected, noting a rezoning in 2011 for Fall River Lodge from CO (Commercial Outlying) to A-1 (Accommodations, Low Intensity) to convert a small residential building into a small resort lodge; no new development was proposed; the 2022 Comprehensive Plan outlines the future land use in this area as "Suburban Estate", which consists of low to medium density single- family residential development, and would not conflict with the rezoning request; noted the rezoning request would be consistent with the surrounding accommodations corridor, and compatible with the neighborhood use; and adequate public services already exist with the current use. The rezoning was previously denied by the Town Board at the January 27, 2026 meeting due to failure to meet the requirements of Ordinance 11-25, established by the passing of Ballot Question 300. The applicants Board of Trustees - June 23,2026 - Page 4 sought to meet the requirements of Ordinance 11-25 by obtaining written support from 74% of property owners within 500 feet, exceeding the two-thirds required by Ordinance 11-25 and resubmitted an application to rezone the property. The Estes Park Planning Commission recommended approval of the application at their June 16, 2026 meeting. Denice Borda and Donald Borda/Applicants provided an overview of the property purchased in 1986 located on Business Hwy 34 between two churches and across the highway from the Fall River Lodge. They reviewed the down zoning from commercial (CO - Commercial Outlying) to residential (E-1 - Estate 1-acre) that took place in 2000 even though there were multiple structures on the property, and the corrective zoning in 2010 that rezoned the property from E-1 (Estate 1-acre) to RM (Multi-family Residential). The property has been operated throughout the years as an accommodation property with an onsite manager, however, due to the current zoning of RM are licensed as three individual vacation homes subject to the fees, including the workforce housing regulatory linkage fee. They collected signatures in support of the rezoning from twenty-three (23) ofthirty-one recorded property owners within 500 feet and hosted two neighborhood meetings to answer questions about the rezoning application. Board discussion ensued and has been summarized: Questioned the possibility of other business owners pursuing rezoning to operate as Accommodations units rather than Vacation Homes, Town Administrator Mlachalek stated staff did not anticipate this decision being applicable to future rezoning requests; inquired about the process to collect signatures from neighboring property owners, Denice and Donald Borda stated they created forms and found neighboring property owners through online searches; clarified the rezoning would not permit additional accommodation units to be built on the property; and discussed the process to partially refund the 2026 vacation home license fees, staff stated there is not a process to refund vacation home license fees. Mayor Hall closed the public hearing. It was moved and seconded (Igel/Lancaster) to approve Ordinance 11-26, and it passed unanimously. ACTION ITEMS: 1. RESOLUTION 77-26 CONTRACT RENEWAL WITH CERVI CHAMPIONSHIP RODEO FOR THE 2026 ROOFTOP RODEO STOCK CONTRACTING. Director Hinkle presented the first contract renewal for the 2025 contract with Cervi Championship Rodeo. He noted the error in not receiving Board approval of the 2025 contract. He stated the Town had contracted with Cervi for the past eleven (11) years to provide the stock, key personnel, and equipment needed for the Rooftop Rodeo to be a Professional Rodeo Cowboys Association (PRCA) rodeo. He stated the renewal had been budgeted. It was moved and seconded (Igel/Mieras) to approve Resolution 77-26, and it passed unanimously. 2. RESOLUTION 80-26 CONTRACT WITH INFUSION ARCHITECTS, LLC FOR DESIGN SERVICES AND CONSTRUCTION MANAGEMENT ASSISTANCE FOR THE ESTES PARK PUBLIC SAFETY FACILITY. This item was postponed by staff to a future meeting. 3. RESOLUTION 81-26 ADOPTION OF THE 2025 - 2026 WATER MASTER PLAN. Manager Wesley, Superintendent Fredricks, Supervisor Lang, and Supervisor Rossi presented the 2025-2026 Water Master Plan. The three considerations in water master planning include reliability of service, resilience to hazards, and customer experience. They noted although the water system continues to perform, the aging infrastructure, operational constraints, and limited redundancy remain ongoing concerns. Staff stated approximately 35% of the pipes, or 30 to 35 miles, are made of cast iron and galvanized steel which have outlived their lifespan and require replacement. On average there was a main break once a month, or twelve (12) to fifteen (15) a year. The team reviewed water projects including the replacement of the Thunder Mountain Tank in 2027; the replacement and consolidation of the Big Thompson Tank and the Fall River Estates Tank; the replacement of the Fall River Estates Pump Station to move it out of the floodplain and increase it in size; the Board of Trustees - June 23,2026 - Page 5 pipeline replacement program to replace pipes every 100 to 120 years; and the construction of a new water treatment plant, upgrading Mary's Lake Water Treatment Plant and decommissioning the Glacier Creek Water Treatment Plant to create redundancy and meet modem standards of water quality and delivery. A rate study would be reviewed at a subsequent meeting to outline the cost of the water projects. They presented an overview of public outreach in 2026: three public meetings were held, two presentations to the Rotary, printed and digital information provided, and spoke directly with the Estes Valley Fire Protection District and members of the Chamber of Commerce. Common questions from the outreach included current drought conditions, the Town's diverse portfolio of water rights and adequate supply to meet demand although water conservation would be advisable; the location of a new water treatment plant, the site selection process would occur in 2027; and funding mechanisms for the new water treatment plant, the funding package had not been finalized but would likely include grants, low interest loans, and rate increases. Trustee Eshelman stated he currently works for the YMCA. He noted his comments on the Water Master Plan and siting of a new water treatment plant are based on his past professional experience and his working knowledge of water treatment and not his current employment. Board discussion ensued and has been summarized: Questioned the feasibility of an additional water source to Mary's Lake Water Treatment Plant, staff stated the financial cost would be high; asked if the plan was a living document, staff acknowledge it would be; asked about the comparatively high water pressure in the system, staff stated it was due to the peaks and valleys of the topography as well as the undersized main pipes; questioned the ability to design for increased population, staff stated intent to design the new water treatment plant to meet future capacity needs as well as be able to be updated to meet future regulations; Trustee Eshelman questioned the $2-3 million cost of a proposed pump station, expressing belief Town staff could build a pump house for less, recommended staff lead the site selection process for a new water treatment plant rather than a consultant, and stated his employment at the YMCA of the Rockies. After further conversation, it was moved and seconded (Hazelton/Brown) to approve Resolution 81-26, and it passed unanimously. 4. ORDINANCE 12-26 ADOPTION OF THE WILDFIRE RESIDENCY CODE. Mayor Hall opened the public hearing. Director Careccia presented the Wildfire Resiliency Code adopted by the Estes Valley Fire Protection District (EVFPD). The State adopted the Colorado Wildfire Resiliency Code on June 1, 2025 and required municipalities to adopt the minimum requirements of the code by July 1, 2026. The EVFPD adopted the code with amendments and appendices on March 23, 2026. The code designated the Estes Valley as a wildland-urban interface, established structure hardening requirements for new or updated structures, and established site and area requirements, among other measures. It would not apply retroactively to existing structures, interior alterations, or structures of certain sizes and distances from occupiable structures. Board discussion ensued and has been summarized: Asked for further clarification on the local amendments, Chief Landkamer stated the amendments are primarily those adopted by Larimer County in January 2026; discussed the risk levels of different zones throughout the Estes Valley, the State identified the downtown corridor as low risk while the code approved by EVFPD categorized all of Estes Valley as moderate, high, or extreme risk; discussed the financial cost to property owners to meet the code standards when building or updating structures; discussed the potential impact of meeting these standards on home owners insurance; discussed tree maintenance as a site requirement; and Trustee Igel noted his current involvement with the EVRPD as a volunteer. It was moved and seconded (Hazelton/Lancaster) to approve Ordinance 12-26, and it passed unanimously. 5. RESOLUTION 82-26 COOPERATIVE AGREEMENT FOR THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO WILDFIRE RESIDENCY CODE. Director Careccia presented a cooperative agreement with the EVFPD to administer the Wildfire Resiliency Code. As the code included both building and fire code elements, the cooperative agreement divided responsibility for administration between Board of Trustees - June 23,2026 - Page 6 the Town and the EVFPD. The Town would be responsible for administering the building safety elements and the EVFPD would be responsible for administering the defensible space requirements. Board discussion ensued and has been summarized: Questioned the additional staff time and cost to both organizations, Director Careccia stated limited additional time is anticipated for SAFEBuilt, the company contracted by the Town of Estes Park to provide building permitting, because properties are already required to submit plans and undergo inspections for new developments or extensive improvements, Town Administrator Machalek stated the contract with SAFEBuilt limits any potential financial impact of increased staff time spent administering the wildfire resiliency code in 2026; Captain Sutherland stated the EVFPD would expand the existing home assessment program and community education programs and continue to collaborate with SAFEBuilt. It was then moved and seconded (Igel/Eshelman) to approve Resolution 82-26, and it passed unanimously. It was moved and seconded (Hazelton/Eshelman) to extend the meeting past 10:00 p.m., and it passed with Trustee Igel voting "No". 6. INTERVIEW COMMITTEE FOR THE ESTES PARK HOUSING AUTHORITY (EPHA) BOARD OF COMMISSIONERS. Town Clerk Williamson informed the Board there were three (3) open positions on the EPHA Board of Commissioners and requested two (2) trustees be selected to interview candidates to fill the positions. Board discussion ensued and has been summarized: Discussed level of urgency to appoint the positions and the EPHA's continued ability to operate with a quorum; expressed interest in further discussing the Town Board's oversight of the EPHA as a Report and Discussion Item at the July 14, 2026 regular meeting; and discussed the timeline of the application and interview process. It was then moved and seconded (Hazelton/Hall) to appoint Trustees Lancaster and Igel to the EPHA Board of Commissioners interview committee, and it passed unanimously. REPORT AND DISCUSSION ITEMS: 1. BEAD RISK REPORT AND DOCUMENTATION. Manager Stiner presented rationale for the staff recommendation to not accept the Broadband Equity, Access, and Deployment (BEAD) grant. The grant would provide funding to expand broadband internet access throughout the Estes Valley. Staff identified locations for broadband expansion within the town limits of Estes Park that were not eligible to receive BEAD grant funding. Staff recommended an alternate plan to expand broadband access within town limits and the highest-density service areas before continuing to expand access to lower-density service areas. The staff recommended plan prioritized locations that were not eligible for BEAD funding. Board discussion ensued and has been summarized: Questioned why the Town applied for the BEAD grant, staff stated the limitations of the funding and the specific requirements of the grant agreement were not provided in full until the application had been submitted and funds offered; Special Counsel White discussed specific concerns within the grant agreement including the requirement to comply with thirty-seven (37) federal regulations not typically included in federal grant agreements and a two (2) year funding guarantee for a four (4) year project. 2. ESTES VALLEY CHILDCARE FACILITY MASTER PLAN. This item was postponed at the request of staff, due to technical difficulties. Whereupon Mayor Hall adjourned the meeting at 10:35 |3jn. Gary HaHT'May^r Ste^ianie ^Tamwell, Recording Secretary