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Home My WebLink AboutMINUTES Town Board 2006-11-14Town of Estes Park, Larimer County, Colorado, November 14, 2006 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 14th day of November, 2006. Meeting called to order by Mayor Baudek. I Present: Also Present: Absent: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Richard Homeier Chuck Levine Wayne Newsom Randy Repola, Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney Trustee Eisenlauer Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT RMNP Superintendent Baker presented the Town of Estes Park with the 2006 Stewardship Award. TOWN BOARD COMMENTS Trustee Levine stated the voters approved Amendment 41, which adds a new “Ethics in Government” article to the state constitution. This new amendment has some interesting effect such as strict limits on receipt of gifts and money by public officials, including scholarships. He reminded the citizenry to study amendments to the constitution carefully and not vote based on the title of an amendment. Mayor Baudek thanked all those that have served and are serving our country in the forces and stated our thoughts and prayer are with them. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated October 24, 2006, Town Board Budget Study Session Minutes dated October 20, 2006 and November 3, 2006. I 2. Bills. 3. Committee Minutes: A. Community Development, November 2, 2006: Special Events 1. Powder River Rodeo Productions, Inc. 3-Year Agreement (Stock Contractor for Rooftop Rodeo): $60,000/2007, $61,200/2008 & $62,424/2009. 2. Street Closure - MacGregor Ave. from Bus turnout to Park Ln. for Coolest Car Show on July 4, 2007. B. Public Works, November 9, 2006. It was moved and seconded (Pinkham/Newsom) the Consent Agenda be approved, and it passed unanimously with one absent. Board of Trustees - November 14, 2006 - Page 2 2. ACTION ITEMS: 1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. See Public Comment. 2. PUBLIC HEARING: NEW BEER & WINE LIQUOR LICENSE APPLICATION FILED BY YAMA INC dba SUSHI YAMA EXPRESS 356 E. ELKHORN AVE. #3. Mayor Baudek opened the Public Hearing and reviewed procedure. Town Clerk Williamson presented the Application and confirmed the Town has not received any communications or evidence in support or opposition to the application, and required T.I.P.S. has not been scheduled; however, the Town will host a T.I.P.S. training on January 24, 2007. Comments were heard from Churl Im/Applicant. Trustee Levine urged Mr. Im to comply with Liquor Laws, particularly avoiding liquor sales/service to minors. Mayor Baudek closed the public hearing. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Pinkham/Blackhurst) the Beer and Wine Liquor License Application filed by Yama Inc. dba Sushi Yama Express be approved, and it passed unanimously with one absent. 3. APPEAL OF STAFF’S DETERMINIATION. Director Joseph reviewed staff’s determination that a vacation rental located at 2250 Blue Spruce Ct. is not a bed-and-breakfast (B&B), as defined by the Estes Valley Development Code (EVDC). The Fall River Estates Community Non-Profit Corporation has requested an appeal of this decision. Earlier this summer, the neighborhood contacted staff with concerns regarding the operations of a B&B in their neighborhood. Staff met with the neighbors and the association and determined the business located at 2250 Blue Spruce Ct. is not a B&B because it is not owner-occupied. Vacation rentals are permissible in all single family residential zoning districts, whereas a B&B can only be located in the R-2 and RM zoning districts. The Estes Valley Planning Commission will review amendments to the EVDC regarding the use chart and the possibility of eliminating the term B&B from the code and provide clarification of a vacation home. Jim Barrie/Owner of A Celtic Lady’s Mountain Retreat stated he discussed his business operations at 2250 Blue Spruce Ct. with the Planning Department to ensure the business would be in compliance with Town regulations. The business is currently listed as a B&B on the CVB website; however, it will be reclassified as a general lodging establishment. He stated the business is in compliance with the covenants of the subdivision as well as the zoning laws. Public comment opposing the business was heard from Ruth Goetzel/1141 Fall River Dr., Don Gooldy/1071 Fall River Ct., Tom Ewing/1082 Fall River Ct., Dave Chapman/1077 Fall River Ct., Jeannie Drahota/1140 Fall River Ct., Patricia Czarnowski/1180 Blue Spruce Ct. and Terry Smith/1079 Fall River Ct. The Association and the neighborhood are of the opinion the accommodation business at 2250 Blue Spruce Ct. fits the general definition of a low-intensity accommodation and/or Hotel/Small; the business can not be considered a short term rental; said business violates both the Municipal Code and the EVDC; the business belongs in A-1 or CD zoning districts and not in an E-1 residential community; the neighborhood has been policing the noise, traffic, etc. from the business; allowing this commercial accommodation in a residential neighborhood would set a precedence and would impact the quality of life for the citizens of Estes Park; all urged the Town Board to enforce the Development code by sustaining their appeal and closing the business immediately. I I Board of Trustees - November 14,2006 - Page 3 I Mr. Barries informed the Board that he tries to operate the property as a vacation home as outlined by the Municipal and Development Codes. He admitted to a couple of violations at the property and stated he does his best to address the issues when they occur. His wife does teach classes at the property; however, he has never performed a wedding at the property and does not have plans to in the future. Mr. Barries explained when the property is rented to multiple parties at the same time; either he or his wife stay on site as required by the Municipal Code. Discussion summarized as follows: There are currently 12 B&Bs listed on the CVB website that are not in the R-2 or RM zoning districts; the concerns by the neighborhood are do to nuisance issues; it appears the property is a commercial business being operated outside the intent of the codes; concern was raised over the use of the property by multiple parties on the same day; the property is being operated in a manner that has become a nuisance to the neighbors; the business is not a B&B as defined in the EVDC; discussed use and definitions of vacation rental and small hotel; the current advertising states the property is a B&B; the business appears to be in violation of the vacation home restrictions as outlined in the Municipal Code. After further discussion, it was moved and seconded (Homeier/Blackhurst) 1) The property at 2250 Blue Spruce Ct. is not a bed-and breakfast as defined in the Estes Vaiiey Deveiopment Code; 2) Staff wiii investigate the operations of the Ceitic Lady’s Mountain Retreat to ensure it is being operated within the guideiines of the code, and it passed unanimously with one absent. If a violation is discovered, staff will seek cooperation prior to suspending the business license. Trustees requested staff provide a written response to the Board on their investigation of the property. Discussion followed regarding the need to amend the Municipal Code to address similar uses in residential zoning districts. Director Joseph stated the Planning Commission will be holding a public hearing on November 21, 2006 to discuss amendments to the EVDC with regard to vacation rentals. He encouraged the Association and neighbors to attend the meeting. I 4. CONTINUATION OF EPURA EPURA Chairman Swank and Executive Director Smith presented a presentation on the past and potential future of EPURA. Discussion included: ■ Future areas for an Urban Renewal District including West Elkhorn and the Highway 7 corridor parallel to the Stanley Park Fairgrounds. ■ Process for creating a new Urban Renewal Area, including blight study, public hearings/public testimony, formal plan, sales tax increment, IGA. ■ An entity such as Urban Renewal with the necessary funding background is needed to continue improvements in Town. Trustee Homeier stated there is no impetus for a new or continued Urban Renewal Authority and he questioned whether it was the right mechanism. The Town uses Urban Renewal as a method to incur debt without the vote of the citizens. Following discussion, it was moved and seconded (Levine/Newsom) the Estes Park Urban Renewal Authority move forward with a biight study to identify areas that could be addressed, and it passed unanimously. 5. 3rd QUARTER FINANICIAL REPORT. Finance Officer McFarland presented the 3rd quarter financial report. Revenues and expenses for the major funds are within budget. Sales tax figures are strong and need to maintain a steady pace to meet projected revenue. Board of Trustees - November 14, 2006 - Page 4 Investment performance is dependent upon interest rate trends: however, with recent implementation of cash management techniques, investments have increased. 6. 911 VIDEO PRESENTATION. Presentation of the 911 video was postponed. 7. TOWN ADMINSTRATOR REPORT. ■ Utility Committee meeting cancelled for Thursday, November 16, 2006. ■ Technical Review Committee for Lot 4, Stanley Historic District is scheduled for Thursday, November 16, 2006 at 1:30 p.m. in the Board Room. I Whereupon Mayor Baudek adjourned the meeting at 9:32 p.m. jUi. ^^n Baudek, Mayor Jddkie Williamson, Town Clerk I