HomeMy WebLinkAboutMINUTES Town Board 2024-04-09Town of Estes Park, Larimer County, Colorado, April 9, 2024
Minutes ofaRegular meeting of the Board ofTrustees of the Town of Estes
Park, Lorimer County, Colorado. Meeting held in the Town Hall in said T0vvO Of
Estes Park on the 9th day of April, 2024.
Also Present:
Wendy Koenig, Mayor
Marie Cenmm.Mayor Pro Tern
Trustees Kirby HazeKnn
Frank Lancaster
BorbanaMao4|pine
Patrick yWadchink
CindyYoung|und
Travis Machakak, Town Administrator
Jason Oomvveber,Deputy Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: Nona
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so naobod
the Pledge of Allegiance.
PROCLAMATIONS — NATIONAL VOLUNTEER APPRECIATION MONTH AND
MONTH OF THE TREE. Mayor Koenig proclaimed April 2024 as Volunteer Appreciation
Month and Month ofthe Tree.
AGENDA APPROVAL.
|twas moved and seconded (HazeUon/Cenac) toapprove the Agenda, and Kpassed
unanimously.
PUBLIC COMMENTS.
Ron Hartzog/Town citizen spoke regarding the vacation home regulation parking limits
and citations he has received due to parking violations for a vacation home located at 450
Lakefront Dr. He stated the complaints have been made by one neighbor who does not
want the vacation home in the area, and provided scenarios which could cause a parking
violation. He requested the Board review the parking requirements for vacation home
John MeisanenTowncitizen encouraged citizens toattend the Downtown Estes Loop
Open House for information on the project.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: Visit Estes Park (VEP) would
host the Estes Park Tourism Summit; VEP received accreditation with distinction from
Destinations International; citizens were encouraged to attend the Earth Week festivities;
the Board encouraged the continuation of Trustee Talks following the swearing -in of new
Board members; the Rooftop Rodeo would be held July 5 —Ju|y 10' 2024; Trustee
MaoA|pino stated she has bogun, and would continue to spearhead after her term, the
formation of research exploration committee for the purpose of creating a mountain
college in Town; the Regional Opioid Abatement Council met and heard presentations for
grant requests; citizens were encouraged to participate in the upcoming Duck Race and
tree sapling giveaway; the Regular Municipal Election was held and remarks were made
on the passage of Ballot Issue 1A and the low voter turnout; all candidates were thanked
for running inthe election and the Mayor Elect and Trustees Elect were congratulated-,
and Mayor Koenig thanked the town for allowing her to serve for the last four years.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek reiterated the thanks to candidates, and provided a timeline
for the implementation of 1A. He stated a number of power outages were caused by the
Board of Trustees — April 9, 2024 — Page 2
recent wind event and the Power & Communication Division continues to work to restore
power in various areas.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated March 26, 2024.
3. Resolution 30-24 Extending a Memorandum of Understanding with Headwaters
Economics Inc., Regarding Participation in the Community Planning Assistance for
Wildfire (CPAW) Program.
4. Estes Park Housing Authority Board of Directors Reappointment of Phil Frank to a
Term expiring April 30, 2029 and Appointment of Tariq Bhatti to complete the Term
of William Pinkham expiring April 30, 2027.
It was moved and seconded (Cenac/MacAlpine) to approve the Consent Agenda, and
it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. 2023 BASE FUNDING REPORT FOR ESTES VALLEY CRISIS ADVOCATES
(EVCA). Program Director Fanucchi provided a report on the base and annual
funding for the EVCA. She highlighted their mission and history, the services they
provide, their area of coverage, funding, the new bicultural/bilingual advocate and
law enforcement liaison, and 2023 data including the demographics of served
clients, shelter nights, and volunteer hours. The Board discussed capacity
limitations, increases in needs, and the average length of stay in the safe house.
2. ESTES PARK HOUSING AUTHORITY (EPHA) EXPENDITURE OF 6E FUNDS
TO HABITAT FOR HUMANITY WORKFORCE HOUSING. Executive Director
Moulton presented the potential expenditure of 6E funds to purchase a deed
restriction for a home owned by Habitat of Humanity of the St. Vrain at 213 Big
Horn Drive. EPHA intends to roll out a deed restriction purchase program, but in
the interim, the expenditure of 6E funds for this deed restriction purchase must be
reviewed by the Town Board. He highlighted history of the property, components
of the deed restriction, and financial impacts. The Board discussed the size of the
property, cost of housing, restriction qualifications, review of qualifications at the
point of sale or change of hands of the property, retirement criteria, the
appreciation cap, a future deed restriction purchase program, the success of such
programs in other municipalities, and future rehabilitations of properties. The Board
stated support of the expenditure for the identified purchase by Habitat for
Humanity and reiterated Director Moulton's statement that the program needs
refining before rolling out the program to the community.
LIQUOR ITEMS:
1. RESOLUTION 31-24 NEW TAVERN LIQUOR LICENSE FILED BY 3634 HIKE
LLC DBA BOGEY'S, 281 W. RIVERSIDE DRIVE, ESTES PARK, CO 80517.
Mayor Koenig opened the public hearing and Town Clerk Williamson presented
Resolution 31-24 for a new Tavern Liquor License. She stated the license would
be for a new building, reviewed the application for the license, stating all paperwork
and fees had been submitted, and the application has undergone concurrent
review. The applicants were aware of the Training for Intervention Procedures
(TIPS) requirement. The applicants provided an overview of the property, the
neighborhood which consists of a number of business and liquor establishments
as the surrounding area is zoned CD Commercial Downtown, construction plan
and timeline, the business operations, and scheduled TIPS training.
Mark Newman/Boulder resident and Town property owner/short term rental near
the proposed business spoke against the resolution stating neighborhood impacts.
He presented the Authority with a petition signed by 26 neighborhood residents
Board of Trustees — April 9, 2024 — Page 3
within the immediate area, outlined impacts to neighborhood businesses and
public parking, and request the Board review the reasonable requirements of the
neighborhood. He requested if approved the Board consider restrictions to limit the
operating hours and strict noise ordinance standards.
John Meissner/Town citizen spoke regarding the number of liquor establishments
currently located on Moraine Avenue and stated concerns for parking impacts and
the location of food trucks as it relates to pedestrains accessing the location along
the highway.
Carolyn Newberry/Licensee responded to the petition and Board questions stating
conversations were had with the neighboring property owners and local
businesses in which support was heard. The business would contain
approximately 640 square feet of internal space and a maximum occupancy of 96.
The business anticipates patrons being pedestrains walking to the establishment.
The Board discussed residential and commercial neighborhood outreach,
operating hours, parking requirements, location for food trucks, outdoor noise, the
circulated petition, the increase of liquor establishments in Town, what the Board
can consider as the Liquor Licensing Authority, reasonable requirements of the
neighborhood, the permitted use in the zoning district, and the revocation and
suspension processes for a liquor license. Mayor Koenig closed the public hearing
and it was moved and seconded (Cenac/Martchink) to approve Resolution 31-
24, and it passed with Mayor Koenig and Trustees Lancaster and MacAlpine voting
"No".
ACTION ITEMS:
1. RESOLUTION 32-24 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO
THE 2024 BUDGET. Director Creamean provided an overview of the second
amendment to the 2024 budget which included the re -appropriation of
uncompleted 2023 purchase orders and projects already underway. At the end of
each year, the Town has purchases, contracts, or projects which were not
completed within the fiscal year and as part of a standard accounting process,
remaining funds are rolled over to the new fiscal year. It was moved and
seconded (Lancaster/MacAlpine) to approve Resolution 32-24, and it passed
unanimously.
2. ORDINANCE 06-24 AMENDING SECTION 5.3 OF THE ESTES PARK
DEVELOPMENT CODE REGARDING VEHICLE BASED ACCOMMODATIONS
FOR SEASONAL EMPLOYEES. Mayor Koenig opened the public hearing and
Planner Hornbeck presented Ordinance 06-24 to allow vehicle -based
accommodations (VBASE) for seasonal employees which was previously
discussed with the Town Board at study sessions held in May 2023 and February
2024. The pilot program would allow the permitted use of vehicle -based
accommodations on an employer's property or another site owned by the
employer and zoned non-residential for employees working from May 1 — October
31 at a minimum of 30+ hours per week. The VBASE housing on commercial sites
may temporarily alleviate the workforce housing shortage, and assist with
recruitment and retention of workers during the summer season. He further
highlighted previous Board discussions, the cost of living in Estes Park, meetings
with Town departments and external entities, and components of the program.
The program would be evaluated after the 2024 season and discontinued if
unsuccessful or underutilized. The Board discussed the removal of enforcement
procedures, how authorities would gain access for complaint -based inspections,
and future use of Town owned property for Town seasonal employees.
Kent Smith/Town citizen spoke in favor of the ordinance and requested tiny
homes be included as an option.
Board of Trustees — April 9, 2024 — Page 4
Mayor Koenig closed the public hearing and it was moved and seconded
(Younglund/Lancaster) to approve Ordinance 06-24, and it passed
unanimously.
3. RESOLUTION 33-24 MEMORANDUM OF UNDERSTANDING WITH THE
ESTES PARK HOUSING AUTHORITY (EPHA) FOR THE DEVELOPMENT OF
HOUSING AT THE FISH HATCHERY PROPERTY. Manager Bangs presented
Resolution 33-24 for a Memorandum of Understanding (MOU) with EPHA to lead
the first stage of predevelopment for the Fish Hatchery property to build additional
workforce housing. She provided background on the $2 million in ARPA funding
approved on March 12, 2024 to be used to reimburse EPHA for the
predevelopment work, previous discussions on EPHAs role in the Fish Hatchery
Workforce Housing Development project, components of the MOU, and
distribution of funds. The Board discussed public accessibility of the reports and
studies, and clarification on the level community outreach goals. It was moved
and seconded (Hazelton/MacAlpine) to approve Resolution 33-24, and it
passed unanimously.
4. ORDINANCE 07-24 AMENDING CHAPTER 14.12 OF THE ESTES PARK
MUNICIPAL CODE TO ADOPT THE 2021 EDITION OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE, WITH AMENDMENTS. Mayor Koenig
opened the public hearing and Town Administrator Machalek presented
Ordinance 07-24 to adopt and apply elements of the 2021 International Property
Maintenance Code, previously adopted by the Town Board to regulate
nonresidential structures, for all existing residential structures used for long-term
rentals. He stated staff would enforce the standards through a complaint -based
process. He highlighted concerns regarding the poor conditions of some rental
properties, previous Board discussions, enforcement procedures, financial and
staffing impacts, and a potential future program for unincorporated Larimer
County. More specifically, the Town's Code Enforcement Officer would conduct
long-term rental housing inspections and elevate complaints to the Building
division as needed.
John Meissner/Town citizen and Kent Smith/Town citizen spoke in favor of the
Ordinance and requested the Town provide outreach to J-1 Visa seasonal
employees and an option for cease and desist.
Further discussion on potential outreach efforts was discussed by the Board.
Mayor Koenig closed the public hearing and it was moved and seconded
(MacAlpine/Martchink) to approve Ordinance 07-24, and it passed unanimously.
It was moved and seconded (MacAlpine/Hazelton) to extend the meeting past 10:00
p.m., and it passed unanimously.
5. ORDINANCE 08-24 TEMPORARY MORATORIUM ON NEW BED AND
BREAKFAST INN BUSINESS LICENSES. Mayor Koenig opened the public
hearing and Town Attorney Kramer presented Ordinance 08-24 for an additional
three-month moratorium on new bed & breakfast (B&B) licenses to allow the Town
Board time to review options for updating the definition and regulations for bed &
breakfast licenses. He highlighted previous discussions on B&B code updates.
The Board discussed the timeline of the Ordinance going into effect and timelines
for any future code changes, which would need to be approved by ordinance.
Mayor Koenig closed the public hearing and it was moved and seconded
(MacAlpine/Younglund) to approve Ordinance 08-24, and it passed
unanimously.
REPORTS AND DISCUSSION ITEMS:
1. BED & BREAKFAST CODE UPDATE.
Town Clerk Williamson presented a summary of the March 26, 2024 Town Board
discussion, provided four options for the grandfathering of currently licensed B&Bs,
and requested Board direction on requirements for renting to multiple parties.
Board of Trustees — April 9, 2024 — Page 5
Option 1 would have no changes to the regulations, Option 2 would adopt all
proposed regulations with a grace period for current licenses to come into
compliance, Option 3 would partially grandfather current licenses until the property
is transferred and require a drawing and life safety inspection, and Option 4 would
grandfather current licenses until the property is transferred or no longer used as
a B&B. The Board discussed the options, the original intentions to regulate short
term rentals, creating a cap which includes vacation homes and B&Bs, the current
limitations on hosted vacation home rentals, transferability of short-term rentals,
fairness to waitlist vacation home applications, the ability to obtain a new B&B
license, the difference between the two license types, the impact of all short-term
rentals on workforce housing, and length of the grace period. The Board directed
staff to bring forward Option 2 for consideration after the new Town Board has
been seated.
Whereupon Mayor Koenig adjourned the meeting at 10:40 p.m.
mberly Disney, Recording Secretary