HomeMy WebLinkAboutMINUTES Town Board 2021-09-14Town of Estes Park,Larimer County,Colorado,September 14,2021
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 and Virtually in
said Town of Estes Park on the 14th day of September,2021.
Present:Wendy Koenig,Mayor
Patrick Martchink,Mayor Pro Tern
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy You nglund
Also Present:Travis Machalek,Town Administrator
Jason Damweber,Assistant Town Administrator
Dan Kramer,Town Attorney
Jackie Williamson,Town Clerk
Absent:None
Mayor Koeing called the regular meeting to order at 7:00 p.m.and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION CONSTITUTION WEEK.Mayor Koenig recognized Constitution
Week,September 17 —23,2021.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Younglund)to approve the Agenda,and it passed
unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized:A proclamation was
presented to Nancy Almond in recognition oLl 5 years dedicated to early childhood in the
Estes Valley;the Community and Family Advisory Board (CFAB)was unable to meet due
to a lack of a quorum and further discussion on the structure and goals of the Board would
be discussed;Visit Estes Park (Local Marketing District)approved their 2022 operating
plan,moved offices to 1692 Big Thompson Avenue,purchasing visitor geo data and
vacation home rental data from Destination Analyst to assist in marketing;the Larimer
County Behavioral Health Policy Committee has allocated $2.5 million in impact funds to
area organizations,including three organizations in Estes Park;Larimer County
Commissioners approved $48 million to build a new mental health facility at Trilby/Taft
with an opening date in May 2023;the Economic Development Corporation Board of
Directors has an opening with Jim McGibney/Chair stepping down in December;
CompPAC held a joint meeting with Town Board members and County Commissioners
led by Logan Simpson,Town Administrator Machalek provided a presentation on the
future direction of the Town at their regular meeting,and discuss on completing one joint
Comprehensive Plan or two separate documents for the Town and unincorporated
Larimer County;and a plea for individuals to get vaccinated for COVID-1 9.
TOWN ADMINISTRATOR REPORT.
Policy Governance Monitoring Report -Policy 3.8.Town Administrator Machalek
presented his policy governance report for policies 3.8.He reported full compliance.
Administrator Machalek stated there have been inquiries on the continuation of publicly
held Board meetings.Discussion was heard amongst the Board and included the need
to look at the current statistics,the number of individuals becoming sick from the Delta
Board of Trustees —September 14,2021 —Page 2
variant that are vaccinated,requested Tom Gonzales/Larimer County Health Director to
speak to the Board on at an upcoming meeting;discussion regarding mandating masks
for indoors,and the need to increase testing-options and availability.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated August 24,2021 and Town Board Study Session
Minutes dated August 24,2021.
3.Parks Advisory Board Minutes dated July 15,2021 (acknowledgement only).
4.Transportation Advisory Board Minutes dated June 16,2021 and July 21,2021
(acknowledgement only).
5.Authorize Letters of Support to the Colorado Housing Finance Authority for the
Trail Ridge and Park Ridge Apartments Rehabilitation Projects.
6.Resolution 64-21 Fourth Amendment to the Larimer Emergency Telephone
Authority Intergovernmental Agreement continuing the partnership to provide E91 I
infrastructure and support.
7.Resolution 65-21 Grant Funding Application to the Colorado Department of Local
Affairs for the Planning Grant Program.
8.Acceptance of Town Administrator Pohcy Governance Monitoring Report.
It was moved and seconded (Cenac/Webermeier)to approve the Consent
Agenda,and it passed unanimously.
LIQUOR ITEMS:
1.LIQUOR SHOW CAUSE HEARING FOR GALEX LLC DEA CHELITOS
MEXICAN RESTAURANT,145 E.ELKHORN AVENUE,HOTEL AND
RESTAURANT LIQUOR LICENSE.Mayor Koenig adjourned the regular session
of the Town Board meeting and convened the Board as the Liquor Licensing
Authority for the Town of Estes Park.She opened the public hearing for the Show
Cause Hearing and confirmed the licensee or their legal representative was not in
attendance.The Town hired Kristin Brown/Special Prosecutor to represent the
Town.Ms.Brown filed an Entry of Appearance with the Licensing Authority and
requested a motion to continue the hearing to the October 12,2021 meeting.It
was moved and seconded (Webermeier/Younglund)to continue the Show
Cause Hearing for Galex LLC dba Chelitos Mexican Restaurant to October
12,2021,and it passed unanimously.Mayor Koenig adjourned the Liquor
Licensing Authority and resumed théTegular Board of Trustees meeting.
ACTION ITEMS:
1.RESOLUTION 67-21 TERMINATION OF 2004 DEVELOPMENT AGREEMENT
FOR FALL RIVER VILLAGE,200 FILBEY COURT.Director Hunt stated the
original PUD development in 2004 was approved to convert the mobile home
development to a condominium development,including residential units.A
development agreement was executed with the PUD which did not allow short-
term rentals or allow the property to be used as a mobile home development.He
stated the property was superseded in 2017 with a new subdivision plat and in
2018 a new PUD,Fall River Village II,was created to rezone the property to a
mixed-use development.The new development allowed for short-term rentals of
less than 30 days and the development of an event center.With the approval of
the new PUD,staff finds no useful purpose or function for the previous
development agreement.
Trustee Younglund commented she would need additional information on the
history of the property before considering the requres,and questioned the
conversion of the entire proeprty toshort-term rentals.Staff stated a previous
Board of Trustees —September 14,2021 —Page 3
Board approved the conversion of the property to short-term rentals with the
approval of the Fall River Village II PUD in 2018.
Greg Rosener/Town citizen stated the property owner made significant investment
in the property based on the approval of the previous PUD in 2018.He spoke in
favor of terminating the 2004 development agreement.
It was moved and seconded (Webermeier/Bangs)to approve Resolution 67-
21,and it passed with Trustee Younglund voting “No”.
2.RESOLUTION 68-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #6 TO
THE 2021 BUDGET.Director Hudson presented a supplemental budget
appropriation to address transportation grant funded projects,the Museum annex
foundation project,a vacation hothëlmpact fee study,and Trailblazer staffing
reorganization.Public comment was heard from Scott Thompson/County citizen,
Bob Fixter/Town citizen,Jeff Abbot/Town citizen,and Heidi Riedesel/County
citizen questioning the need for the vacation home impact fee study and stating
the data needed to complete said study could be provided by local realtors,
property owners,and management companies.Board discussion was heard and
summarized:the vacation home fee study would provide information and options
for the Board to consider;the fee study would not implement a fee;further public
review and discussion would be heard prior to the implementation of a fee;the
need to identify the impact short-term rentals have on the availability of workforce
housing;recognize there needs to be multiple funding sources to address the
workforce housing issue;and a need to define workforce and the different needs
for seasonal workforce versus long term workforce.After further discussion,it was
moved and seconded (Webermeier/Younglund)to approve Resolution 68-21,
and it passed unanimously.
3.RESOLUTION 66-21 CDOT AGREEMENT FOR FEDERAL TRANSIT
ADMINISTRATION CRRSAA FUNDING TO SUPPORT ESTES TRANSIT (CDOT
P0 #491002603).Manager Solesbee stated CDOT was awarded $78 million in
Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA)
funding to assist Colorado rural public transportation providers during the COVID
19 pandemic.On February 5,2021,the Town received notification from CDOT
that Estes Park’s CRRSAA allocation would be allocated $361,017.The funds
would be used to support transit operation to prevent,prepare for,and respond to
COVID-19;enhance access to health care,education,employment,etc.;assist in
the maintenance,development,improvement and use of public transportation in
our Transportation Planning Region (TPR);encourage and facilitate the most
efficient use of all transportation funds;and encourage mobility management,
employment-related transportation alternatives,joint development practices,and
transit-oriented development.It was moved and seconded
(Younglund/MacAlpine)to approve Resolution 66-21,and it passed
unanimously.
4.2022 STRATEGIC PLAN ADOPTION.Town Administrator Machalek presented
the 2022 Strategic Plan.He stated the Town received a number of specific
requests/recommendations pertaining to solid waste management and recycling.
After further discussion,it was moved and seconded (Webermeier/MacAlpine)to
approve the 2022 Strategic Plan,and it passed unanimously.
5.POLICY 208 -NAMING OF TOWNOWNED PARKS,OPEN SPACES,AND
FACILITIES.Town Administrator Machalek presented an updated policy to
renumber the policy from 205 to 208,and developed two distinct processes for
naming a facility versus naming a park/open space.It was moved and seconded
(Younglund/Martchink)to approve Policy 208,and it passed unanimously.
6.ORDINANCE 12-21 AMENDING CHAPTER 10.06 OF THE ESTES PARK
MUNICIPAL CODE REGARDING PAID PARKING.Manager Solesbee presented
an ordinance to extended the “Local 30-Minute Permit”to a 60-minute permit for
2022.The change was recommended after a survey was conducted to receive
Board of Trustees —September 14,2021 —Page 4
feedback in August from permit holder in 2021.It was moved and seconded
(Cenac/Webermeier)to approve Ordinance 12-21,and it passed unanimously.
Mayor Koenig called a 10-minute break at 8:55 p.m.and reconvened the meeting
at 9:05 p.m.
7.ORDINANCE 13-21 AMENDING SECTION 5.20.110 OF THE ESTES PARK
MUNICIPAL CODE REGARDING TRANSFER OF BUSINESS LICENSES FOR
VACATION HOMES AND BED &BREAKFAST INNS.Town Clerk Williamson
stated the Town Board at their August 24,2021 meeting requested staff bring
forward options to consider limiting the transferability of vacation homes.Staff with
Attorney Kramer presented Option A to limit the transferability of vacation homes
licensed in 2017 after the effective date of Ordinance 29-16,or Option B to limit
the transferability of vacation homes for any home licensed after the effective date
of the proposed ordinance.Board discussion was heard and summarized:the
Board questioned if the Board moved to approve Option A would the current owner
have the option to transfer but all future owners would be limited;the current
grandfathered properties would be able to transfer so long as the property
continues to renew the license annually and transfers the property to a new owner
per the code regulations;a decision on transferability should be delayed until the
data from the impact fee study has been completed;stated concern with a
commercial business operating on a residential zoning district and only paying
residential property tax rates;and questioned if either option was adopted would it
address those licenses being held byan owner that does not rent their property.
Those speaking in opposition of the limiting transferability included Greg
Rosener/Town citizen,Joe Gallagher/Town property owner,Nathan Welton/Town
citizen,Bob Fixter/Town citizen,Jeff and Becky Robbins/Town citizen,Scott
Thompson/County citizen,Richard Mulhern/Town citizen,and Heidi
Riedesel/County citizen.Comments were heard on charging a larger transfer fee,
raise the cap,to include properties on the waitlist as grandfathered for either
option,Option B would be preferred if the Board were to move forward with limiting
transferability,transferability was discussed and allowed with the formation of the
ordinance in 2016.
It was moved and seconded (MacAlpine/Webermeier)to continue the Town
Board meeting past 10:00 p.m.to complete the agenda,and it passed
unanimously.
Donna Carlson/Executive Director of the Chamber commented the organization
would be willing to aggregate the voices of their vacation home members and
provide the Board with data.
It was moved and seconded (Webermeier/Cenac)to continue the discussion
of the Ordinance until the fee impact study has been completed and provided
to the Board,and it failed with Mayor Koenig,Trustee Cenac and Trustee
Webermeier voting “Yes”.
It was moved and seconded (Martchink/Younglund)to approve Ordinance 13-
21 Option B,and it passed with Mayor Koenig and Trustee Cenac voting “No”.
Whereupon Mayor Koenig adjourned the meeting at 10:36
J,kie Williamson,Town Clerk
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