HomeMy WebLinkAboutMINUTES Town Board 2023-05-23Town of Estes Park, Larimer County, Colorado, May 23, 2023
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 23rd day of May, 2023.
Present:
Also Present:
Wendy Koenig, Mayor
Trustees Marie Cenac
Kirby Hazelton
Frank Lancaster
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Bunny Victoria Beers, Deputy Town Clerk
Absent: Trustee Hazelton
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
SWEARING -IN CEREMONY FOR NEWLY -APPOINTED TRUSTEE FRANK
LANCASTER. Judge Thrower conducted a swearing -in ceremony for newly appointed
Trustee Frank Lancaster.
AGENDA APPROVAL.
It was moved and seconded (Martchink/Cenac) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Kristine Poppitz/County citizen requested permission to provide a presentation during the
Town Board's public hearing on the proposed rezoning of 685 Peak View. Staff stated
any public comment material should be provided in advance of the meeting which would
be included in the packet material. She requested clarification on the Planning
Commission procedures for opening and closing public comment which was referred to
the Chair of the Planning Commission.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Trustee Lancaster would not
attend the June 13, 2023 and July 11, 2023 meetings; the Planning Commission held a
meeting to discuss the rezoning of 685 Peak View which was continued to the next
meeting; the Town, Visit Estes Park and the Estes Chamber of Commerce hosted
participants of the City Tour, a Park City, Utah based program for municipal leaders and
residents; Board members participated in a meet and greet with Finance Director
applicants; Rooftop Rodeo tickets are on sale and volunteers are needed; School
Resource Officer Paul Mieszala was commended as a recipient of the FOX31 Support
the Shield Officer of the Month award; the Board would hold a Joint Study Session with
the Board of County Commissioners to discuss Stormwater Funding Options, and Mayor
Koenig and Trustee Martchink would hold a Trustee Talk session.
TOWN ADMINISTRATOR REPORT.
None.
Board nfTrustees — May 23.2O23—Page 2
CONSENT AGENDA:
1. Bills.
2 Town Board Minutes dated May S.Z023 and Town Board Study Session Minutes
dated May Q.2023.
3. Family Advisory Board Minutes dated April 6.2D23(acknowledgment on|y).
4. Estes Park Board ofAdjustment Minutes dated April 4. 2023 (acknowledgment
only).
5. Estes Park Planning Commission and Study Session Minutes dated April 18, 2023
(acknowledgment only).
0. Resolution 49-23 Contract for 2023 Operation of Eokye Transit with RAPT Oav
USA, |nc..$585.4G371 Budgeted.
7� Resolution 53-23 Intergovernmental Agreement with CD0Tfor 2O23 8uetang to
Estes Service.
It was moved and seconded (Cen ac/MacAl pine) to approve the Consent Agenda with
the removal of Item #2, and it passed unanimously.
It was moved and seconded (/oung|und/Cenac) to approve Consent Agenda Item
#2, and it passed with Trustee Lancaster abstaining.
REPORTS AND DISCUSSION ITEMS: (Outside Entitien).
1. ESTEB PARK SCHOOL DISTRICT EARTH FORCE RISE PRESENTATION.
Trustee MacAlpine welcomed the Estes Park School District Environmental
Resilience Team members Eva CamnoUo and Zia Ve|ani. joined byteacher and
sponsor Ravi Davis. Students provided apresentation on Colorado's Resilience
Innovation, Sustainability and Environment (RISE) Program and their annual RISE
Challenge competition. The RISE Challenge encourages students to create on
action plan to improve community resiliency against natural hazards. The Estes
Park Middle School has participated in the challenge for the last three yea/o,
placing in the top three the last two years. The team was awarded 11t Place in 2023
for theirWildland Urban Interface (WUI) Codes and Wetland Restoration challenge
submission. Students reviewed umap which depicted 2O22-2O23wildfire risk as
a significant issue statewide and highlighted the benefits of building structures with
fire retardant materials. Students met with Governor Polis and State Senator Cutter
and advocated for Senate Bill 23-166 which would establish a Wildfire Resiliency
Code Board. Students were commended for their efforts and congratulated as Rise
Challenge award recipients.
ACTION ITEMS:
t RESOLUTION 2D-23SUNSETTNGTHE FAMILY ADVISORY BOARD (FAB).
At the March 14. 2023 regular meeting the Board considered Resolution 28-23
auneetting the FAB and postponed the resolution permitting FA8 to conclude
current business, consider the language in the resolution to sunset and decide
interest intronahioning toncommunity-based board. Resolution 28'23 included
edits booed on feedback from the FAB. Board discussion ensued on the
importance offamilies, housing and childcare needs and potential benefits ufthe
GE funds. It was moved and seconded (Martnhink/Young|und) to approve
Resolution 2O'2%,and itpassed unanimously.
2. ORDINANCE 04-23 AMENDING CHAPTER 14.12 OF THE ESTES PARK
MUNICIPAL CODE TO ADOPT THE2U21 EDITIONS OF INTERNATIONAL
CODES. INCLUDING THE INTERNATIONAL BUILDING, RESIDENTIAL,
EXISTING BUILDING, FUEL GAS, K8ECHAN|CAL, PLUK8B|NG, PROPERTY
MA|NTE04NCE, ENERGY CONSERVATION, AND SNUk8K8|NG POOL AND
SPA CODES, WITH AMENDMENTS. Mayor Koenig opened the public hearing
and Director Garner presented Ordinance 04-23 to amend the Estes Park
Municipal Code and adopt the 2021 editions of the International Building Codes
Board of Trustees — May 23, 2023 — Page 3
including proposed secondary codes. At the May 9, 2023, study session the Board
directed staff to remove Appendices RB (residential building), CB (commercial
building), and additional edits to the International Energy Conservation Code as
they relate to RB, and CB; and maintain inclusion of the Colorado Model Electric
Ready (CMER) & Solar Ready Code (SRC), and the International Residential
Code (IRC) sprinkler requirement with the option to remove. At the Boards
direction, staff researched sprinkler cost resulting in approximately $4 to $7 per
square foot and "dryer -size" outlet in new construction was approximately $250 to
$300. Staff stated the draft IRC would require all new single-family homes, two-
family homes, duplexes, and townhomes to have sprinklers installed throughout
the residence. Staff requested Board direction on exempting single-family homes.
It was noted Larimer County did not require sprinklers for single-family homes in
their code adoption. Discussion ensued regarding sprinkler requirements for new
builds which has been summarized: Statistics for successful deployment of
sprinkler systems; homes with sprinklers would add value for future homeowners;
and clarification was requested on whether an accessory dwelling unit (ADU) or
detached ADU would require sprinklers under the code amendments. Comments
were heard regarding the safety of vacation home users who may not be familiar
with the exits of a home in the event of an emergency and the benefits of using
voice announcing smoke alarms within vacation homes. Director Garner stated
more specific subsequent code amendments related to vacation homes could be
considered by the Board at a future meeting. David Wolf/Town Citizen and Estes
Valley Fire Protection District Chief stated the Fire District would be able to adopt
the sprinkler requirements district wide if the Town adopted the code with the
sprinkler requirements. He spoke regarding sprinkler requirements being included
in the code for 14 years and encouraged the Board to adopt code amendments
without modification to the sprinkler requirement. Jennifer Waters/Public Works
Engineer stated modern building codes matter for successful grant applications
noting FEMA's Building Resilient Infrastructure and Community program which
funds flood mitigation projects and ranks communities based on their building code
criteria. Mayor Koenig closed the public hearing and it was moved and seconded
(MacAlpine/Martchink) to approve Ordinance 04-23, and it passed with Trustee
Cenac and Younglund voting "No". Further discussion ensued regarding the cost
to build homes in Estes Park, the impacts of requiring sprinklers on new builds,
and the importance of Fire District wide consistency. Dissenting votes preferred
new build homeowners have a choice whether to install sprinklers.
3. ORDINANCE 06-23 TEMPORARY 6-MONTH MORATORIUM ON NEW BED
AND BREAKFAST INN BUSINESS LICENSES. Mayor Koenig opened the public
hearing. Town Clerk Williamson stated staff have received a number of inquiries
regarding the licensing of residentially zoned properties as a bed & breakfast in
lieu of a vacation home. Concerns were relayed regarding bed & breakfast
licensing as a strategy to circumvent the vacation home license cap for
residentially zoned properties. Inquiries from property owners revolved around
ways to improve the property to rent out the entire home with a separate area for
the owner to reside such as adding a breezeway to connect buildings, owner
occupying an accessory dwelling unit, building owner suites separate from the
main house by a garage and others. Staff presented this concern at the April 11,
2023, study session where the Board directed staff to bring forward amendments
to the regulations. Issues identified by staff included: no true onsite management
interacting with staff; no meals provided; the Linkage fee does not apply; fire pits
and other solid fuel devices allowed with onsite management; and confusion with
neighbors on the use of the property. In anticipation of an influx in applications
ahead of the summer season, staff requested the Board consider a temporary 6-
month moratorium on new bed & breakfast inn business licenses allowing staff to
adequately research and prepare revisions to the regulations. Board discussion
has been summarized: whether 6-months would be adequate time for staff to
develop code amendments; the current number of existing bed & breakfast
licenses; clarification on the vacation home and bed & breakfast commercial
property tax rate; and staff were encouraged to clarify updates in the upcoming
development code revisions. Mayor Koenig closed the public hearing and it was
moved and seconded (Younglund/Cenac) to approve Ordinance 06-23, and it
Board of Trustees — May 23, 2023 — Page 4
passed unanimously. Staff would notify in progress applicants and non -compliant
properties of the temporary 6-month moratorium.
4. TOWN BOARD POLICY 101 — BOARD ASSIGNMENTS.
At the May 9, 2023 regular meeting the Board approved the appointment of Frank
Lancaster to fulfill the remainder of late Mayor Pro Tem Scott Webermeier's
position through the April 2024 election. Staff requested Board direction for the
Mayor Pro Tem appointment and updates to Policy 101 to fill vacancies on boards,
committees, commissions and liaison positions.
It was moved and seconded (Martchink/Younglund) to appoint Marie Cenac as
Mayor Pro Tem, and it passed unanimously.
Discussion ensued regarding the Board assignments and specifically the Visit
Estes Park (VEP) position and whether it should continue to be a Trustee or citizen
position. Clarification was requested on whether Larimer County would need to be
involved on the appointment of the VEP liaison position. Staff stated Town Board
Governance Policy 106 would be followed for the advertising and appointment of
the position. After further discussion, the Board was in agreement to continue
Board assignments to the June 13, 2023 meeting.
5. 2024 PROVISIONAL STRATEGIC PLAN.
The Town Board held Strategic Planning Sessions on March 8, 2023 and April 5,
2023. Adoption of the 2024 Provisional Strategic Plan would provide departments
with a formally -adopted document utilized to inform and guide development of the
2024 proposed budget and track and report on changes to the Strategic Plan
during the budget process. Clarification was requested on the redline edits within
the plan which were final changes identified by the Town Board at the April 5, 2023
study session. There being no further discussion, it was moved and seconded
(Younglund/MacAlpine) to approve the 2024 Provisional Strategic Plan, and it
passed unanimously.
Mayor Pro Tem Cenac requested a Study Session discussion on the FEMA Flood
Maps.
Whereupon Mayor Koenig adjourned the meeting at 9:05 p.m.
Wendy Ko nig41ayor
V ay Victoria Beer , eputy Town Clerk