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Home My WebLink AboutMINUTES Town Board 2022-12-13Town of Estes Park, Larimer County, Colorado, December 13, 2022 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 13th day of December, 2022. Present: Also Present: Mayor Wendy Koenig Mayor Pro Tem Scott Webermeier Trustees Kirby Hazelton Barbara MacAlpine Cindy Younglund Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Bunny Victoria Beers, Deputy Town Clerk Absent: Trustees Marie Cenac and Patrick Martchink Mayor Koenig 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 (Webermeier/Hazelton) to approve the Agenda, and it passed unanimously. SWEARING -IN CEREMONY FOR NEW CHIEF OF POLICE DAVID HAYES. Judge Thrower conducted a swearing -in ceremony for Chief of Police David Hayes. PUBLIC COMMENTS. Town Clerk Williamson stated the Town and the County administer vacation home licensing in the prospective jurisdictions within the Estes Valley. The Board would be considering administrative changes to business licensing, minor vacation home clean up, and clarification on the process of vacation home transfers within Town limits only. Public comment related to the ordinance was encouraged on vacation homes during the agenda item and general public comment was welcomed. Dick MulhurnlTown citizen, Dana Burke/Town citizen, and Jennifer McCallumNacation Home owner spoke against the Workforce Housing Regulatory Linkage Fee. Comments have been summarized: Vacation homeowners are being targeted with the linkage fee and increase to lodging and accommodations taxes with the passing of Ballot Issue 6E; vacation homes support the community in many ways; and the Board was encouraged to consider the passing of 6E and the linkage fee and how they impact short-term rental operators. Bill Brown/Town citizen stated the Estes Valley Short -Term Rental Alliance released tax impacts on short-term rentals in the Estes Valley. Kent Smith/Town citizen stated the fees received for parking could be used as a basis for a grant to construct a second level of parking at the Big Horn and Davis lot which could assist in alleviating parking issues. TRUSTEE COMMENTS. Trustee comments have been summarized: Park Supervisor, Brian Berg provided a presentation on tree diseases at a program for the Wondering Wildlife Society sponsored by the Estes Valley Watershed Coalition. Sister Cities would be holding an informational meeting in Town Hall and the public was welcomed to attend. Frozen Dead Guy Days would take place as an evolved festival in Estes Park, Visit Estes Park (VEP) would be applying for a grant to hold the event and more information would be provided to the public through the Town's Events department and through VEP. The Board nfTrustees — December 13,2022—Page 2 December Family Advisory Board discussion included: Continuing Family Listening sessions in 2023; a presentation was provided by Estes Park Health ontheir Strategic Plan; Chair Patti Brown resigned and officers would be appointed mtthe first meeting of the year. Trustees Hazelton and Younglund would hold a Trustee Talk on December 15, 2O22and encouraged participation. TOWN ADMINISTRATOR REPORT. Town Administrator N1anha|ok stated gratitude for the Power and Communications department for the 2O22holiday season lighting efforts. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated November 22. 2022. Town Board Study Session Minutes dated November 22. 2022. and Town Board Special Study Session Minutes dated November 17.2O22and December 8.2O22. 3. Family Advisory Board minutes dated November 3. 2022 (acknowledgement only). 4. Transportation Advisory Board Minutes dated October 19. 2022 (acknowledgement only). 5. Parks Advisory Board Minutes dated October 20, 2022 (acknowledgement only). 6. Resolution 94'22 |GA*ith Rooky Mountain National Park and the Estes Park Police Department for Mutual Law Enforcement and Other Emergency Services 7� Resolution 99-22Grant Agreement with History Colorado to Extend the Birch Ruins Elevated Walkway. 8. Letter of Support for Recycling Resources Economic Opportunity (RREO) Grant Program from the Colorado Department ofPublic Health and Environment. Q. Resolution 100'22 Professional Services Contract Amendment Four with SAFEbui|tCo|onydo. LLC, for renewal of Building Safety Services Contnoct, 2023. 10Reno|ution 101-22 Contract with Coud*nay Patterson for Assistant Municipal Judge Services through April 23.2024. 11 Resolution 182-22 Bulk VVetur Service Agreement with Spruce Knob VVotor Company. It was moved and seconded (Younglund/MacAJpine) to approve the Consent Agenda, and itpassed unanimously. LIQUOR ITEMS: 1. RESOLUTION iO3-22TOCONSIDER ANEW LODGING & ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR ESTESPARK CATERING LLCOBA JUBILATIONS CATERN|G.2150RG|N|4DRIVE. The Mayor opened the public hearing and Town Clerk Williamson presented Resolution 103-22, She reviewed the application for a new Lodging & Entertainment liquor |ioenao, stating all paperwork and fees have been submitted and the application was submitted to the State with concurrent review. The applicant had completed Training for Intervention Procedures and submitted training and expectations ofstaff related to serving. Nick Patrick owner ofJubilations Catering stated the business would continue offering catering at the location and this license would allow the business to offer alcohol at events. He stated the Responsible Alcohol Sales Policy has been adopted and all employees serving alcohol would be required to sign and follow the policy. Mayor Koenig o|uoed the hearing and it was moved and seconded (Ybung|und/Haz*Kon) to approve Resolution 103-22. and it passed unanimously. Board of Trustees — December 13, 2022 — Page 3 ACTION ITEMS: 1. RESOLUTION 104-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #7 TO THE 2022 BUDGET. Director Hudson presented the supplemental budget appropriations #7. Amendments included funding for building safety contracted services, a DOLA grant for Trailblazer Broadband, adjusting sales tax revenue estimates and final estimates for health insurance plan costs for a total of $2.2 million increase. Staff requested approval of the supplemental budget appropriations. It was moved and seconded (Hazelton/Younglund) to approve Resolution 104-22, and it passed unanimously. 2. ORDINANCE 19-22 RIGHT-OF-WAY VACATION, PINE ROAD PLATTED WITHIN THE JAMES-MCINTYRE SUBDIVISION, 1630 FALL RIVER ROAD, BRIAN HANSEN, HANSEN AND DALE RESORTS LLC/APPLICANT. The Mayor opened the public hearing. Planner Woeber presented the application for a right-of-way vacation for Pine Road which was platted in 1947. Vacating Pine Road would not cause any land to be without access and the vacation removed a platted ROW which would provide more usable development area for the property owner. Mayor Koenig closed the hearing and it was moved and seconded (Younglund/MacAlpine) to approve Ordinance 19-22, and it passed unanimously. 3. ORDINANCE 20-22 AMENDING THE ESTES PARK MUNICIPAL CODE SECTION 5.20 REGARDING BUSINESS LICENSES. The Mayor opened the public hearing and Town Clerk Williamson stated the ordinance includes: A definition for timeshare/fractional ownership and identifies them as vacation homes; remove proration of new business license fees; adds a reapplication fee equivalent to the annual business license fee for applications which do not complete the process by the established deadlines; clarifies transfer applications filed timely would be allowed to operate during the application process, and establish a fine for operating a vacation home without a license equal to the maximum fine amount permissible, i.e., $2,650. It was clarified the Workforce Housing Impact Linkage Fee would only by collected during the renewal process or a new application and would not apply to transfer applications. Clarification was requested on fractional ownership and timeshare properties including: zoning or use applicability, timeshare definition, operation and how the properties can be considered short-term rentals. The Board questioned whether the tracking of nights stay would be manageable by staff and the number of properties identified which were operating without a license. Although some fractional ownership businesses do not allow short-term rental use in their current model, this could change over time. Staff was able to identify a company where fractional ownership was allowed. Bill Brown/Town citizen encouraged the Board to table the fractional ownership amendments for additional consideration. The Mayor closed the hearing and it was moved and seconded (Webermeier/Koenig) to approve Ordinance 20-22 with the removal of section 5.20.020 relevant to timeshare definitions. Discussion ensued regarding fractional ownership and timeshare definitions and whether the Board should consider the code changes in the ordinance before the Board or at a future meeting. Staff stated concerns on delaying the item due to the impacts other mountain communities are experiencing from these types of properties. A substitute motion was made (Younglund/Hazelton) to approve Ordinance 20-22 as written, and it passed with Mayor Koenig and Mayor Pro Tem Webermeier voting "No". 4. INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT. It was moved and seconded (Webermeier/Younglund) to appoint Mayor Pro Tem Webermeier and Trustee Hazelton to the Interview Committee, and it passed unanimously. 5. INTERVIEW COMMITTEE FOR THE PARKS ADVISORY BOARD. It was moved and seconded (HazeltonM/ebermeier) to appoint Trustees MacAlpine and Younglund to the Interview Committee, and it passed unanimously. Board of Trustees - December 13, 2022 - Page 4 G. INTERVIEW COMMITTEE FOR THE LARIKUERCOUNTY SOLID WASTE POLICY ADVISORY COUNCIL. It was moved and seconded (Koonig8oung|und) to appoint Mayor Koenig and Trustee K8anA|pinebothe Interview Committee, and itpassed unanimously. The Board would not hold a Town Board meeting on December 27, 2022. Whereupon Mayor Koenig adjourned the meeting at8:31 p.m. Wendy koe�ig, mayor n ictoria Beers, Deputy Town Clerk