HomeMy WebLinkAboutMINUTES Town Board Study Session 2022-11-08RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado November 8, 2022
Minutes of e Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Lahrnev County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 8 th day of November, 2022.
Board:
Attending:
Also Attending:
Mayor Koenig, Mayor Pm Tern Webernneier, Trustees
Mayor Koenig, Mayor Pm Tom Webenmoier, Trustees
Hazelton.MaoA|pinn.K4artchhnk,and Young|und
Town Administrator Macho|ek.Assistant Town Administrator
Damweber, Town Attorney Kramor, Town Clerk Williamson
and Deputy Town Clerk Beers
Absent: Trustee Cenac
Mayor Koenig called the meeting to order at 5:30 p.m.
DOWNTOWN E8TE8LOOP UPDATE.
On July 26, 2022 the Board approved an amendment to the memorandum of agreement
and reimbursable agreement for the Downtown Estes Loop to increase the Town's local
match funding by $500.000. This increase was intended to allow for competitive bidding
of the construction work. Neil Ogden, Central Federal Lands Project Manager and
Agency member provided an overview of the bid process for the project. He stated the
advertising was expanded from a traditional four -week process to afive+week process
where two completed bide were received. Bids reflected higher cost than the engineer
estimate. He stated completion of the Downtown Estes Loop project requires an
additional $1 million in local match funds and factors affecting cost difference included:
unprecedented construction cost index; workforce and supply ohain, availability of
metehu|u, project proximity and oomp|exity, maintenance of traffic and seasonal closure
raethctions, and specialized work items with limited cost data. He reviewed project
options including: Option 1 —terminate further work on the pnojeot. Option 2 cancelling
the current solicitation and readvertioing in six to twelve months or Option 3 - confirm
bid results and move into construction early 2023. The conditional letter of map revision
has been approved and FEN1A has cleared the project to commence construction. He
stated the notice to proceed for construction could begin December 1. 2022. and the
proposed contract completion would be December 15, 2024. Director [Nuhonen
reviewed the condition of existing infrastructure needs which would be addressed
through the project. He acknowledged the impacts of 24'month construction project in
the middle ofthe downtown corridor. He requested direction from the Board toconsider
the inonamne in |noa| match funding and the consideration of a special meeting for
further discussion and Board determination.
Board questions have been summarized: Whether partneragenoieohxtheprojecthave
investigated coordinating opportunities with Rooky Mountain National Park (RMNP)to
manage traffic; questioned if bids reflect high differences historically- whether the
agency could confirm no additional funding request would occur ovartho course of the
project; if the Town would be committed to ae|a/t a bid if the project is readwartiaed in
six to twelve months; what safeguards exist if the project goes over costs; inflation
figures and confidence in their adequacy; what happens tnthe propertie000quisitionod
as part of the project; and the Board discussed the impacts of the RMNP permitting
system and paid parking on traffic to and from the Park. Clarification was requested
regarding the sources of the additional funding request and how the Board determines
priorities. The Board questioned the cost of a special election to which Town Clerk
Williamson anticipated approximately $30,000-$35,000. The Board was in agreement to
arrange especial meeting on November17. 2O22todiscuss options and allow public
comment.
RECORD OF PROCEEDINGS
Town Board Study Session — November 8, 2022 — Page 2
FRACTIONAL OWNERSHIP CODE AMENDMENT.
Town Clerk Williamson stated fractional ownership properties are increasing across the
nation. Fractional ownership typically involves multiple buyers of a single property with
each owner holding an equal part of the title. She reviewed the typical homes used for
fractional ownership and reviewed differences between fractional ownership and
timeshares. Community impacts included: neighborhood complaints for noise, unknown
visitors/guests, and trash; additional vacation home rentals in residential areas; buying
up segments of the community; construction of additional units versus building
workforce housing units; and increase in housing costs. She stated there are fractional
ownership properties being advertised as short-term rentals in unincorporated Larimer
County. The difference between a time-share and fractional ownership was identified as
the owned equity of a fractional ownership versus the rented time of a timeshare
property. Staff stated concerns properties would attempt to find a way to have a
vacation home in a residential area this fractional ownership. There are different
rentable models which staff may not have identified. Staff would recommend
compliance monitoring through the Town's third -party vendor. Staff would bring forward
code amendments in December 2022 which could include regulations for fractional
ownership with Board direction. Attorney Kramer provided ownership information on
these properties stating an LLC owns the home and people can purchase a portion of
the LLC which has changed the dynamics of communities. He suggested treating
fractional ownership properties in residential homes like vacation homes because they
have relatively similar impacts. Timeshares could be included in the regulations if they
are in a residential dwelling unit which both require licenses. The Board directed staff to
bring forward an ordinance at a future meeting.
ZOOM PUBLIC PARTICIPATION OPTION.
Town Clerk Williamson provided background on the use of Zoom Webinar during Town
Board meetings which began on March 24, 2020, due to the Declaration of Local
Emergency related to COVID-19. Ordinance 04-20 outlined holding emergency
meeting and virtual participation by the Board. Upgrades to the Zoom account occurred
over this time to expand the number of individuals who could participate, incorporate
sub accounts for department and advisory board use, and adding a toll -free number to
remove financial barriers to endure public participation during meetings. Use of the
platform by the public to provide public comment has been minimal. Staff outlines three
options for the Board to consider regarding the use of Zoom Webinar moving forward:
Option 1 — continue using Zoom Webinar to allow for remote public participation and
comment during Town Board meetings and allow remote participation for staff and
consultants; Option 2 — use Zoom Webinar on an as needed basis for remote public
participation for high public interest agenda items; or Option 3 — discontinue the use of
remote public participation. Staff identified value in consultants participating remotely
which could continue through the use of Google Meet if needed and scheduled in
advance. Staff recommended phasing out of the use of Zoom through the end of the
year. The Board was in agreement to move forward with Option 3 with public outreach
on the change.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Mayor Koenig stated Trustee Talk sessions have resumed and requested Board
commitment to sit sessions every three months to which the Board was in agreement.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested and it was determined to schedule a
discussion about the Planning Division Review Deposit Fees, Cleave Street
Improvements Draft Design and the Sunset reviews of the Parks Advisory Board and
Transportation Advisory Board for December 13, 2022.
There being no further business, Mayor Koenig adjourned the meeting at 6:37 p.m.
Bunny
tctona Beers, Deputy Town Clerk