HomeMy WebLinkAboutMINUTES Town Board 2017-03-14Town of Estes Park, Larimer County, Colorado, March 14, 2017
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 March, 2017.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Walker
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
PUBLIC COMMENTS.
Gordon MacAlpine/Town citizen stated a new Sierra Club committee has been formed in
Estes Park to help promote clean energy, keep air and water clean, and protect wildlife
habitat. The committee offered their support in addressing any of the initiatives at the
local level.
Jerry Kennell/Town citizen thanked the Town for the work on MacGregor Avenue. He
spoke in support of the immigrant community that provides employees for the Estes Park
service economy. He requested the Town codify through the passage of a resolution the
assurance that immigrants would be treated appropriately and protected.
Tony Schetzle/Town citizen commented on the proposed amendments to the
International Building Codes that would address vacation homes presented at the Study
Session. He stated concern with the appearance the amendments were a done deal,
and questioned reducing the requirements for commercial operations such as vacation
homes and decreasing the safety for guests. Transient occupants are at a higher risk as
they are unfamiliar with the surroundings.
Josh Wharten/County citizen commented he has rented his house on Airbnb and VRBO
for the past two years to provide additional income for his family. Allowing vacation rentals
could grow the middle class and allow individuals to afford a home in the Estes valley.
AGENDA APPROVAL.
It was moved and seconded (Koenig/Holcomb) to amend the agenda to include the
Appointment of the Local Marketing District Interview Committee, and it passed
unanimously.
TRUSTEE COMMENTS.
Trustee Norris stated the Estes Valley Planning Commission would hold its regular
meeting on March 21, 2017. The Town continues to seek applicants for the newly formed
Family Advisory Board.
Trustee Martchink commented the Parks Advisory Board would review the utility box artist
submissions and bring forward recommendations for the Town Board's final approval.
TOWN ADMINISTRATOR REPORT.
Board of Trustees — March 14, 2017 — Page 2
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated February 28, 2017 and Town Board Study Session
dated February 27 and February 28, 2017.
2. Bills.
3. Committee Minutes.
a. Community Development/Community Services Committee Minutes
dated, February 23, 2017.
4. Estes Valley Board of Appeals Minutes dated December 8, 2016 and February
9, 2017 (acknowledgement only).
5. Estes Valley Library District Board Appointments:
• David Hemphill to complete Judy Fontius' term ending December 31, 2020.
6. Resolution #09-17 Setting the Public Hearing date of April 11, 2017 for a New
Tavern Liquor License filed by Cliff, Inc, dba Hollywoods, 110 %2 W. Elkhorn
Avenue, Estes Park, CO 80517.
It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda
Items, and it passed with Trustee Walker abstaining.
2. REPORTS AND DISCUSSION ITEMS (Outside Entities):
1. LARIMER COUNTY COMMUNITY REPORT. Commissioner Donnelly
presented the 2015-2016 community report for Larimer County. The report
provides a high-level overview of the county services, goals and performance.
3. ACTION ITEMS:
1. RESOLUTION #07-17 REAPPROPRIATION OF 2016 ENCUMBERED FUNDS
AND PROJECT "ROLLOVERS" TO THE 2017 BUDGET. Finance Director
Hudson presented the 2016 rollovers to the 2017 budget for purchases, contracts
and projects not completed by the end of the fiscal year 2016. He stated some
of the purchases, contracts and projects may have related revenues, such as
grant revenues to offset costs. The rollovers of approximately $18 million would
bring the 2017 budget to $68 million in 2017. The largest rollover includes $8
million for the parking garage. Projects associated with the rollovers have also
been rolled over into the 2017 budget. Attorney White read Resolution #07-17.
It was moved and seconded (Holcomb/Walker) to approve Resolution #07-17
reappropriating additional sums of money for the Town of Estes Park for
the budget year ending December 31, 2017, and it passed unanimously.
2. ORDINANCE #09-17 PROPOSED TEXT AMENDMENTS TO ESTES VALLEY
DEVELOPMENT CODE: EVDC §5.1.B (VACATION HOMES). Director Hunt
reviewed proposed changes to the EVDC vacation home regulations, including
the requirement that all 2017 vacation home applications be filed by March 31,
2017, rather than registrations issued by that date; remove the requirement that
all registered vacation homes have a Certificate of Occupancy issued by
December 2016; place maximum parking requirements for vacation homes in
residential districts within the vacation home section of the code; allow flexibility
in the actual date of registration issuance; provide additional guidance to the
Estes Valley Planning Commission in criteria for making determinations
regarding 9-and-over vacation homes in residential districts; and clarify a number
of minor language and reference ambiguities. The large vacation home
language would clarify the EVPCs ability to consider appropriate alternative
standards if the minimum one acre lot size or setbacks are not met.
Board of Trustees — March 14, 2017 — Page 3
Mayor Pro Tem Koenig commented the March 31, 2017 date was not an end
date for the registrations to be accepted, rather the cap would determine the
deadline. Renewal of current registered vacation homes was to be completed
by March 31, 2017 to maintain their priority under the cap. She also questioned
if letters had been sent to group two, vacation homes operating without a current
registration, as identified by Host Compliance in January. Staff stated letters
were sent on March 10, 2017 notifying the property owners of the need to submit
an application by March 31, 2017.
Heidi Riedesel/County citizen and realtor stated concern with the March 31, 2017
deadline and the impact it would have on property values, difficulty with
establishing real estate contracts, and cumbersome registration process. She
stated the majority of buyers are individuals interested in purchasing a vacation
home for future retirement in Estes Park.
Judy Domina/County citizen commented she purchased several vacation home
properties prior to her retirement in Estes Park. The vacation homes provided
her with the income needed to retire. She stated she continues to operate two
vacation homes and utilizes local contractors to maintain the properties. She
requested the Town Board reconsider the March 31, 2017 registration date.
Tony Schetzle/Town citizen stated the March 31, 2017 date to register a vacation
home should remain. The cap was established as the number of vacation homes
the community would allow or tolerate if registered by the deadline.
Dick Spielman/Town citizen stated the 588 was not a goal, rather a cap on the
number that would be allowed by March 31, 2017. The cap was to be
reconsidered annually each April.
Julia Daley/Town citizen concurred the March 31, 2017 date was established as
a date to review the cap and either raise or lower the cap. The cap has presented
challenges for potential buyers and investors in the community.
Discussion amongst the Board has been summarized: The Board agreed to the
cap of 588 and the cap should be used rather than March 31, 2017; questioned
the language in 2.j. and recommended the removal of December 31, 2017; the
queue established priority for renewals and properties rented in 2016 but not
registered; the cap represents what the community would tolerate in residential
zoning district; the cap was a compromise to allow vacation homes to grow in the
accommodations zoning district and to cap growth of vacation homes in the
residential zoning district; and the March 31, 2017 date would remain for those
properties that want to apply for a 9 and above occupancy.
It was moved and seconded (Norris/Koenig) to continue the Public Hearing
for Ordinance #09-17 to the March 28, 2017 meeting to amended the code
language clarifying registration for residential vacation homes would be
conducted after March 31, 2017 until the cap has been met, and it passed
unanimously.
3. ORDINANCE #08-17 PROPOSED TEXT AMENDMENTS TO ESTES VALLEY
DEVELOPMENT CODE (EDVC) §4.3, §5.2, AND §13.3 (ACCESSORY
KITCHENS). Director Hunt presented amendments to the EVDC to eliminate
accessory kitchens as a legally conforming accessory uses in the Estes valley.
The change would eliminate the possibility of creating an attached Accessory
Dwelling Unit (ADU) which could be rented out separately from the principle
single-family dwelling unit, a violation of the EDVC, or allow a non -rented
accessory -kitchen to be built and maintained, thereby circumventing the code.
Staff recommends the amendments to bring accessory kitchens in line with the
denial of the attached ADU long-term regulations by the Town Board in 2016.
Director Hunt stated allowing the kitchens and not ADUs would equate to bad
planning practices and would not be recommended by staff. Staff recommended
Board of Trustees — March 14, 2017 — Page 4
new code language be added to allow and define the use of outdoor kitchens.
The Estes Valley Planning Commission recommended denial of the proposed
changes, stating a homeowner may have a legitimate need for an accessory
kitchen, and the need to be consistent with the building and zoning codes.
Paul Brown/County citizen stated homeowners have requested second kitchens
for numerous reasons but have been largely for bars in luxury homes.
After further discussion, Attorney White read Ordinance #08-17. It was moved
and seconded (Holcomb/Walker) to continue the Public Hearing for
Ordinance #08-17 to the March 28, 2017 meeting to include language for
outdoor kitchens and remove sections 2.f.(4) and 2.f.(5) from the
Development Code, and it passed unanimously.
4. RESOLUTION #08-17 TO OUTLINE PROCEDURE AND SCHEDULE FOR
ESTES VALLEY COMPREHENSIVE PLAN UPDATE. Director Hunt
commented the Estes Valley Comprehensive Plan needs to be updated due to
changes in the community and the need to update a number of dated elements.
The Estes Valley Planning Commission has begun an informal but organized
task to update the Plan. The proposed Resolution would add the Town governing
body's direction to this effort, providing some milestones for scheduling, and
outlining a reasonable process and time frame for the project. If approved, a
similar Resolution would be presented to the Board of County Commissioners
for their consideration and approval. Attorney White read Resolution #08-17. It
was moved and seconded (Norris/Holcomb) to approve Resolution #08-17,
and it passed unanimously.
5. BOARD POLICY #103 TOWN BOARD PROCEDURES AND TOOL BOXES.
Town Administrator Lancaster presented revisions to both Policy #103 and #105
to clarify and codify the Board's procedure for a Board member to add an item to
the agenda at a Board meeting, for public participation during a Board Study
Session, and to address minor updates to the policies. A quasi-judicial motion
would be added to Policy #103 to outline the need to follow a failed motion in the
positive with a motion in the negative.
7. BOARD POLICY #105 AGENDAS.
After further discussion, it was moved and seconded (Nelson/Koenig) to
approve Board Policy #103 with an amendment to change Agenda review
to Agenda approval and Board Policy #105, and it passed unanimously.
8. APPOINTMENT OF THE LOCAL MARKETING DISTRICT INTERVIEW
COMMITTEE. It was moved and seconded (Walker/Jirsa) to appoint Trustee
Walker and Mayor Jirsa to the Local Marketing Board interview committee,
and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:12
Todd Jirsa, Mayor
kie Williamson, Town Clerk