HomeMy WebLinkAboutMINUTES Town Board Study Session 2022-09-13RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado, September 13, 2022
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said
Town of Estes Park on the 13th day of September, 2022.
Board: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine,
Martchink, Webermeier and Younglund
Attending: All
Also Attending:
Town Administrator Machalek, Assistant Town
Administrator Damweber, Attorney Kramer, Town Clerk
Williamson
Absent: None
Mayor Koenig called the meeting to order at 5:16 p.m.
RACIAL COVENANTS ORDINANCE.
Town Administrator Machalek introduced the topic and stated there are a number of
restrictive covenants within subdivisions in town limits which have been noted by
citizens and by staff over the years. A comprehensive list of subdivisions that include
the covenants does not exist. These covenants are not enforceable; however, it was
noted it does not send the appropriate message as to who we are as a community. He
commented there are a number of strategies other communities have employed to
address the issue, to provide property owners resources at the deed, covenant, and
HOA level to address the issue, and methods the Town could use to call it out and
demonstrate the Town does not find it appropriate. Attorney Kramer stated the City of
Wheat Ridge took a two -prong approach to address the issue that these covenants are
unconstitutional, unlawful, ineffective and irrelevant from a legal point of view in keeping
certain races out of subdivisions or certain homes. There are statutory methods to
address the issue which are cumbersome and difficult. Wheat Ridge's approach was to
provide guidance to individuals; passed a resolution condemning the covenants and
stating they are unconstitutional, offensive and ineffective; directed staff to review all city
owned property with such covenants or deed restrictions and remove them; and draft an
ordinance to apply a plat note on plats with these restrictions to call out they have no
relevance. He suggested the Board consider adopting an ordinance addressing the
covenants as unconstitutional, and developing procedures for property owners to
declare the covenant ineffectual.
Board discussion has been summarized: would the Town prepare a comprehensive list
of all properties with these covenants and make it available to the public; HOAs may
have the knowledge of such covenants and allow them to remove the covenants for all
properties within the subdivision; questioned how large of an issue exists within town
limits; and suggested an article on the topic to educate the citizens.
Board consensus was to keep a list of properties as the staff becomes aware of them,
review Town owned properties and remove the covenants that exist, develop an
ordinance to denounce and take a stand against the covenants, and educate citizen on
how to address the issue for their individual properties.
PROPOSED FRAMEWORK FOR EXPENDITURE OF POTENTIAL LODGING TAX
REVENUES. Assistant Town Administrator Damweber presented the Town Board with
an overview of the proposal for the expenditure of lodging tax revenues if the referred
Estes Park Local Marketing District Ballot Issue 6E passes during the November 8,
2022 Coordinated Election. He reviewed a set of assumptions and caveats, including
the proposed 3.5% tax would generate $5 million per year beginning in 2023; proposed
strategies would require additional development, policy decisions, agreements with
RECORD OF PROCEEDINGS
Town Board Study Session — September 13.2O22—Page 2
partnering agencies; the completion of the Housing Needs Assessment may change
current assumptions and Town 8tnahaAio Plan; proposed strategies would require
significant assistance and/or additional staff; the need to be nimble with funds to react
quickly to opportunities; and the need for Lahmor County Commissioners to be in
agreement with the proposed structure. Workforce housing funds may include
strategies such as property acquisitions, new construction, incentives to construction of
accessory dwelling unita, deed restriction incentives, assistance for home pumheaoe
(down payment assistance), rental assistance (subside nnnte), subsidies for conversion
of short-term rentals to long-term rentm|o, employer assistance pmgmm, and
development code amendments to e||ow/enonuragedenoity. Childcare funds maybe
used topurchase facilities orprovide rental aaaiatanoe, address workforce challenges
through subsidies for wages, benefits, tneining, houuing, and tnanopodution, and tuition
assistance/scholarships. He stated difficulty in assessing how much funding would be
needed Loaddress both workforce housing and ohi|doana� however, the assumption has
been that workforce housing would require approximately 8096 of the funding in the
initial year. If the lodging tax passes it would be collected by the Estes Park Local
Marketing District and funds collected would be transferred to the Town to create and
implement programs and strategies. The Town would formalize and maintain
partnerships and prepare a proposed annual plan for the expenditures of funds.
LorimerCounty Commissioners would need to review and approve the proposed plan
onanannual basis.
Board discussion followed and has been summarized: questioned iftax funds could ba
used to pay for the additional staff needed to manage new programs-, support was
heard from board members on the strategies identified by staff; questioned the
implementation timeframe and the need to collect funds in 2023 before spending funds;
concern with the need for the County to approve the annual plan; questioned if the
lodging tax funds would be added to the existing funds set aside by the Town to
address both issues; questioned if the spending restrictions outlined in Town policy
apply; questioned if the Town would have the authority to spend the funds without
County approval; questioned if the other funds established by the Town to address
workforce housing and childcare would be funded in the future; and support was
provided for multiple funding sources to provided versatility and additional funds to
address the issues.
Town Administrator Machalekcommented the County Commissioners would approve
the annual plan and in doing so provide the Town authority to expend funds outlined in
the plan. Staff has proposed language to be included in an intergovernmental
agreement to allow the tam funds to be collected during a curing period if there are
issues with the Local Marketing District's operating plan. Hestated the Town could loan
funds as startup ousts from the General Fund to begin addressing workforce housing
and childcare as tax funds are collected in 2023 The loan would be repaid throughout
the year anfunds are transferred tothe Town by the Local Marketing District. He stated
the funds collected and remitted to the Town would be held in a special revenue fund.
After further discussion, the Board stated gonom| support of the current framework
developed by Town staff.
TRUSTEE & ADMINISTRATOR COMMENTS &QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
The air quality and wood smoke discussion scheduled for October 11. 2022 and frectu|
ownership discussion tobeadded tothe approved but not scheduled list.
There being no further business, Mayor Koenig adjourned the meeting at 6:40 p.m.
-
iamson, Town Clerk