HomeMy WebLinkAboutMINUTES Town Board 2017-11-28Town of Estes Park, Larimer County, Colorado, November 28, 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 28th day of November, 2017.
Present:
Also Present:
Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Kimberly Disney, Recording Secretary
Absent: Frank Lancaster, Town Administrator
Mayor Jirsa 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 (Walker/Holcomb) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS.
Trustee Martchink encouraged citizens to apply for the vacancies on the Parks Advisory
Board, closing December 1, 2017.
Trustee Norris announced the next Family Advisory Board (FAB) meeting would be held
December 7, 2017. The Planning Commission met November 14, 2017, Director Hunt
reported on the Estes Valley Development Code (EVDC) changes, 8 of which pertained
to housing issues and workforce housing. The Planning Commission continues to
discuss the roles of the elected board versus the commission. He stated Director Hunt
and Town Attorney White provided the commission with memos outlining the land use
review process. He also indicated a special Study Session prior to the December 12,
2017 meeting might be beneficial to discuss the Raven Rock Appeal.
Trustee Walker publicly thanked CDOT for traffic control on Highway 34. On behalf of
Estes Park R-3 School District, he thanked the voters of Estes Park for their support of
Ballot Issue 3A. He mentioned the first 100 memberships for the Estes Valley
Community Center (EVCC) received a Trailblazer Club membership.
Mayor Pro Tem Koenig stated the annual Sister City meeting would be held in February;
more information for public attendance would be provided closer to the event.
Trustee Nelson mentioned the cancellation of the December Open Lands Advisory
Board meeting. He thanked the Estes Valley Recreation and Parks District for a tour of
the EVCC.
Trustee Holcomb stated the Transportation Advisory Board met on November 15, 2017
where they discussed potential paid parking implementation and the location of an
additional prospective parking structure. The Visit Estes Park (VEP) Board met on
November 21, 2017 and new board members were sworn in. Sean Jurgens was
selected as Chairman and Lowell Richardson as Vice Chair. The board was updated on
Board of Trustees — November 28, 2017 — Page 2
the activities of VEP and policy governance. The Partnership for Age Friendly
Communities (PAFC) has begun advertising for an Executive Director and Trustee
Holcomb announced he would be President of the PAFC Board in 2018.
TOWN ADMINISTRATOR REPORT.
Town Clerk Williamson presented an update on Vacation Home Registrations (VHRs)
informing the Board and the public of the upcoming VHR deadline of December 31,
2017. She highlighted the 367 issued residentially zoned VHRs and those VHRs in -
process at 198. These numbers totaled 565, with 23 residential VHRs still available per
the VHR cap estimate. She clarified a VHR application secures a registration within the
cap estimate when it is received and deemed complete by staff. Town Clerk Williamson
focused on the 100 VHRs without a scheduled inspection, the 52 VHRs with
discrepancies and voided VHRs; defining how these would be dealt with moving
forward.
Clarification was sought on those VHRs needing re -inspections and the 100
unscheduled VHRs. It was confirmed the majority of VHRs to be re -inspected are due to
issues with dark skies lighting, and those 100 unscheduled inspections are not all
residential. Code Enforcement Officer Hardin stated those VHRs needing to be
inspected are not due to the Town's inability to meet demand.
Trustee Norris asked if Host Compliance Technologies have been effective in rooting
out unregistered VHRs, and how Host Compliance processes VHR complaints. He
questioned if it was efficient to have a time gap between complaints being received by
Host Compliance and forwarded to the Town, and if there were more services the Town
wants them to provide. Director Hunt mentioned the Host Compliance contract would be
reconsidered in December 2017, with more service options available to the Town.
Trustee Nelson asked whether the residential cap estimate was over estimated,
considering the 100 VHRs with unscheduled inspections. It was communicated any
overestimation could not be determined until after December 31, 2017. Town Clerk
Williamson noted registrations were being used as an advertising tactic to add resale
value. Trustee Martchink asked the Board to be cognizant of the total number of VHRs,
736, and to consider the amount of commercially zoned VHRs.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 14, 2017 and Town Board Study
Session dated November 14, 2017.
2. Bills.
3. Committee Minutes - None.
4. Estes Valley Planning Commission Minutes dated October 17, 2017
(acknowledgement only).
5. Parks Advisory Board Minutes dated October 26, 2017 (acknowledgment
only).
6. Policy 101 Updates including Local Marketing District Liaison Appointment.
Koenig sought confirmation on Policy 101 containing the Sister City Liaison. This
was confirmed by Assistant Town Administrator Machalek
It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. FIRE DISTRICT UPDATE. Chief Wolf presented an update on the work of the
Estes Valley Fire Protection District (EVFPD) for 2016 and 2017, and the future
Board of Trustees — November 28, 2017 — Page 3
of 2018. He outlined the mission, motto, history, financing, facilities, and
equipment of the EVFPD. The EVFPD hosted the Regional Fire Academy,
which had participants from all neighboring agencies. This was a benefit to the
community by increasing the amount of certified firefighters in the area. Chief
Wolf highlighted the long term strategic plan of the EVFPD would be to upgrade
department apparatus', reduce fleet size, and planning for emergencies with
other agencies.
Trustee Holcomb asked about attrition issues as a result of being a volunteer
agency. Chief Wolf acknowledged this as a cost of doing business and stated
an effort needs to be made for supporting volunteers, due to the current plans
to remain a volunteer agency.
3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. PRELIMINARY TOWNHOME SUBDIVISION PLAT, Raven Rock
Townhomes, Metes & Bounds Parcel, TBD Promontory Drive. Request to
continue to December 12, 2017.
B. SUBDIVISION FINAL PLAT — ESTES PARK RESORT, Lot 1, Lake Estes
2nd Addition, 1700 Big Thompson Avenue, Rocky Mountain Hotel
Properties I, LLC/Owner. Request to continue to December 12, 2017.
It was moved and seconded (Norris/Holcomb) to approve the Planning
Commission Consent Agenda items, and it passed unanimously.
2. ACTION ITEMS:
A. ORDINANCE 31-17 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE REGARDING BED & BREAKFASTS. Mayor
Jirsa opened the public hearing. Code Enforcement Officer Hardin
presented Ordinance 31-17 as a result of the changes to VHR regulations.
The Ordinance would allow Bed & Breakfasts (B&B) to operate in all
residential zones, with the benefits of having a smaller density, with an
operator living on the premises. At this time, staff cannot determine the
number of B&Bs which may open due to the code change, however, the
Town would be able to regulate and license B&Bs.
The difference between B&Bs and Airbnb was explained, with Airbnb
being a website for advertising rentals, seen mostly as a room without the
amenities or the hospitality associated with B&Bs. It was pointed out by
Trustee Martchink and Assistant Town Administrator Machalek of the
difficulties of enforcing amenity stipulations defined by the EVDC
amendments, specifically the wording of Section 2.c. Meal Service. Code
Enforcement Officer Hardin stated Section 2.c. was included to eliminate
the ability of B&Bs to act as venues for large scale events.
Tony Schetzsle/Town citizen stated the code amendment lacked language
there to distinguish B&Bs from VHRs, he asked the Board to remand the
Ordinance to the Planning Commission to consider including B&Bs within
the residential cap.
Those speaking in favor of the amendment included Jeff Robbins/Town
citizen, Maggie Treadway/Town citizen, and Frank Theis/County citizen.
The amendment would allow for a vital part of a tourism community to
return to Estes Park. Benefits would include having either the owner or
manager on premises at all times, a high level of service, and the
appreciation of neighbors.
Board of Trustees — November 28, 2017 — Page 4
Robert Welch/County citizen saw benefits in both VHRs and B&Bs; he
questioned the possibility of being able to operate both types of
businesses at one location. Director Hunt responded stating it would be
possible to operate both a VHR and B&B at the same location with a
determined operating time frame for each.
Trustees expressed concerns with allowing another avenue of loss in
housing for residents considering the current housing issues. B&Bs, it was
noted, should not become a similar situation as VHRs, and a provisional
cap should be considered. It was acknowledged by the Board any
concerns could be reevaluated in a year, after data has been collected.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance
into the record. It was moved and seconded (Holcomb/Nelson) to
approve Ordinance #31-17, amending the Estes Park Development
Code regarding Bed & Breakfasts, and it passed with Trustee Walker
voting "No".
4. ACTION ITEMS:
1. PUBLIC HEARING — 2018 BUDGET:
Mayor Jirsa reopened the public hearing from November 14, 2017, and Director
Hudson presented the 2018 Budget as ready to be adopted.
Sharon Gartner/County citizen spoke as President of the Estes Park Gun and
Archery Club, in appreciation of community service funding in previous years,
and the Community Initiative Fund the club might receive for 2018. She
described the benefits the club has experienced a result of previous funding.
Frank Theis/County citizen explained the issues he experienced as a developer
and general contractor in Estes Park due to increased fees. As treasurer of the
Estes Valley Watershed Coalition, he thanked the Board for their ongoing
support
Mayor Jirsa closed the public hearing. It was moved and seconded
(Holcomb/Norris), to approve the Highway User's Trust Fund and it passed
unanimously.
It was moved and seconded (Nelson/Holcomb), to approve Resolutions
#28-17, #29-17, and #30-17 and it passed unanimously.
2. AWARD AUDIT CONTRACT FOR THE YEARS ENDING DECEMBER 31,
2017 THROUGH DECEMBER 31, 2021. Director Hudson explained 2016 was
the final year of a five year engagement with CliftonLarsonAllen LLP as the
Town's auditors. The Audit Committee advertised for and received 5 proposals
from qualified audit firms which the selection committee ranked based on
experience and expertise. The top three ranked firms met with the Audit
Committee on November 17, 2017. From those meetings the audit committee
recommended the Audit Contract be awarded to Swanhorst and Company LLC.
Mayor Jirsa expressed his concerns with selecting Swanhorst and Company
LLC, in consideration of their previous work with the 2002 - 2003 audit of the
Saint Vrain School District. These concerns were discussed at length and those
Trustees on the Audit Committee explained their decision process. They cited
Director Hudson's previous experience with Swanhorst and Company LLC,
Swanhorst's history with the Town and government auditing, and the pricing
structure Swanhorst provided.
After further discussion, it was moved and seconded (Holcomb/Koenig), to
award the Audit Contract to Swanhorst and Company LLC for the years ending
December 31, 2017 through December 31, 2021, and it passed with Mayor
Jirsa and Trustee Walker voting "No".
Board of Trustees — November 28, 2017 — Page 5
3. ORDINANCE 32-17 AMENDMENT TO THE ESTES PARK MUNICIPAL
CODE ADDING CHAPTER 10.24 USE OF OFF -HIGHWAY VEHICLES. Mayor
Jirsa opened the public hearing. Attorney White stated the purpose of
Ordinance 32-17 was to allow off -highway vehicles (OHV) on Town public
roads, streets, alleys, and avenues per C.R.S. Section 33-14.5-100 (1) (a).
Changes previously discussed by the Board had been incorporated into Exhibit
A of the Ordinance. Mayor Jirsa closed the public hearing. Attorney White read
the Ordinance into the record. It was moved and seconded (Holcomb/Mart
chink), to approve Ordinance #32-17 amending the Estes Park Municipal
Code adding Chapter 10.24 use of off -highway vehicles, and it passed
unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:52
Todd Jirsa, Mayo
Kimberly Disney, Recording Secretary