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HomeMy WebLinkAboutPACKET Town Board Study Session 2024-05-28 May 28, 2024 4:00 p.m. — 6:30 p.m. Board Room EPTOWN BOARD 6:30 p.m. Dinner ® STUDY SESSION AGENDA ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunion) ❑y . �, ❑ To access written translation during the meeting, please scan the QR Code or click ' this link for up to 48 other languages (Para acceder a /a traduccion durante la •• .L' reunion, par favor escanee el codigo QR o haga clic en el enlace para hasta 48 idiomas mas): 1+ https://attend.wordly.ai/join/FLUL-1105 • ' •.o` Choose Language and Click Attend(Seleccione su lenguaje y haga clic en asistir) . Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su telefono para audio o lea la transcripcion puede ayudar a aquellos que tienen dificultades para escuchar). Public comment is not typically heard at Study Sessions, but may be allowed by the Mayor with agreement of a majority of the Board. This study session will be streamed live and available at www.estes.org/videos 4:00 p.m. CIRSA Liability and Risk as an Elected Official. (CIRSA Counsel Tanoue) 5:20 p.m. Bed & Breakfasts and Vacation Home Cap. (Town Clerk Williamson) 6:05 p.m. Mayor/Trustee Talks. (Mayor Hall) 6:20 p.m. Trustee & Administrator Comments & Questions. 6:25 p.m. Future Study Session Agenda Items. (Board Discussion) 6:30 p.m. Adjourn for Dinner and Town Board Meeting. Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 3:45 p.m. Page 1 F 5/29/2024 CI RSA Elected Officials Presentation Estes Park Board of Trustees 5-28-24 Presented byTami Tanoue, CIRSA Executive Director TOWN OF LP ESTES PARK COLORADO 1 Introduction • Congratulations on your election to the Board! • Refresher/intro on liability risks&risk prevention best practices surrounding meetings and quasi-judicial issues,social media,and Board involvement in personnel matters. • Presentation is a training resource only;is not intended as legal advice on any specific,pending issues;in case of any inconsistency between this presentation and your Town Attorney's advice,your Town Attorney is always right! • For additional CIRSA resources: • Elected officials'page on CIRSA website: https://www.cirsa.org/safety- training/elected-officials/ • CIRSA Elected Officials Liability Handbook:https://www.cirsa.org/wp- content/uploads/2019/06/EthicsLiabilityBestPracticesHandbookForElectedOffi cials.pdf • Our latest elected officials'training video,found on our CIRSASafety YouTube channel: https://www.youtube.com/watch?v=bfhxvn1c11A&t=413s CIRSA SAFER 2 Page 3 5/29/2024 About CIRSA Colorado Intergovernmental Risk Sharing Agency • Public entity self-insurance pool for property,liability,and workers' compensation coverages. • Formed by in 1982 by 18 municipalities pursuant to CML study committee recommendations. • Not an insurance company,but an entity created by IGA of our members. • Total membership today stands at 289 member municipalities&affiliated entities: • CIRSA views proactive approaches to risk management as critical member services—it's a win-win when issues can be addressed/resolved before they turn into more contentious disputes or litigation • We also view the governing body's leadership as a critical part of risk management—how you approach your roles,your commitment to ethical and lawful practices,and the example you set as leaders--are reflected and amplified throughout the organization CI' 12SFl SAFER 3 Open Meetings-Honor Transparency • The Colorado Open Meetings Law(OML)applies to all meetings of the governing body,boards,commissions,committees,etc. • Applies to three or more or a quorum,whichever is less. Requires discussion of public business take place at meetings open to the public, and if action will be taken or a quorum will be present there must also be timely notice. • The OML allows executive sessions for limited purposes. Follow executive session procedures and other processes to comply with the law and protect confidential information. • "Serial meetings" have become a focus of litigation,and should not be used to avoid the"three or more"threshold • Recognize that non-meeting communications(e.g.e-mail,texts,social media) can raise liability and transparency issues in much the same way as meeting practices CIRSA SAFER 4 Page 4 5/29/2024 Other Communications-Honor Transparency • Electronic communications may be covered by the Open Meetings Law • If elected officials do their discussions of public business by email or other electronic means,the public may be denied their right to be present at such discussions • Are you texting each other during public meetings?Same concerns apply. • E-mails may be covered by the Open Records Act • Each email discussing public business could be a record subject to public disclosure • Electronic communications of all kinds may be subject to the civil discovery process • Electronic communications may be required to be divulged in litigation • Public officials must be cautious in their use of electronic communications to avoid getting crosswise with one or more of these legal provisions! CI' iZ5/1 SAFER 5 Quasi-Judicial Issues • Your role as a quasi-judicial decision-maker is one of the relatively little-known aspects of being an elected official •The rules that apply to quasi-judicial decision-making are distinct from those that apply in other settings, and are often counter- intuitive • But, because of the high stakes involved in these decisions, and because of the constitutional protections underlying the applicable rules, missteps in the quasi-judicial arena can have severe consequences • Your responsibilities can be broadly broken out into two arenas: legislative and quasi-judicial • It's critical to know,with respect to any given matter that may come before you,which of these two arenas is applicable CII RSA SAFER 6 Page 5 5/29/2024 Legislative v. Quasi-Judicial Issues • "Legislative"activities are those that most likely came to mind as the elected official's"job description"when you were contemplating a run for office: • listening to citizens who contact you in person,by email,on social media, etc. • investigating the issues yourself,applying your own personal knowledge • communicating early and often with your constituents • lobbying and being lobbied • working in advance to create a consensus(subject to open meetings laws) • having strong convictions/opinions/prejudgments that you don't hesitate to voice and share.... • And then ultimately voting on an ordinance or other policy-making enactment that will have prospective application to all who come within the ambit of the enactment—that's legislation! • The"rules of engagement"for legislative activities are easy and intuitive—the kinds of activities described above are OK! CJ' VI SAFER 7 Quasi-Judicial Issues • But when it comes to quasi-judicial issues,all of the activities described above can become problematic! • That's why the quasi-judicial"rules of engagement"can be non-intuitive and easy to breach • So it's critical to keep in mind which rules of engagement" apply for any given situation! • As long as you follow the right"rules of engagement," and correctly apply the facts you determine from the hearing to the applicable legal standards,your decision will most likely be upheld on appeal • Route of appeal follows Rule 106(a)(4)of the Colorado Rules of Civil Procedure,and is an"on the record" review of your hearing and decision: "Review shall be limited to a determination of whether the body or officer has exceeded its jurisdiction or abused its discretion, based on the evidence in the record before the defendant body or officer." CII RSA SAFER 8 Page 6 5/29/2024 Quasi-Judicial Issues • Let's make sure we're on the same page as to what"quasi-judicial" matters are: • Typically involve a decision affecting property rights at an individual level • Examples: application for land use approval,application for a permit or license • Decision is made on the basis of specific criteria (the law) and the testimony and other evidence concerning the application of the criteria (the facts)that are brought forward at a hearing • Require notice,a public hearing,and a decision based on the record of the hearing (what's submitted by testimony and other evidence at the hearing) U' 1 SAFER 9 Quasi-Judicial Issues • The"rules of engagement" that apply to quasi-judicial decision-making are premised on the existence of property rights that will be affected by your decision, and the constitutional requirement that"no person shall be...deprived of life,liberty,or property,without due process of law." • "Due process," at its essence, means a fair hearing before an unbiased decision-maker:you! • When your Town Attorney emphasizes the need to follow the"rules of engagement" in quasi-judicial matters, he/she is trying to achieve two goals: • Protect YOUR right and responsibility to participate in the decision- making; and • Protect you,the Town,and the decision that is ultimately reached • Not following these rules can jeopardize both of those goals! CII RSA SAFER 10 Page 7 5/29/2024 Quasi-Judicial Issues Quasi-judicial issues encompass a minimum one-hour training topic, so these suggestions are aimed at your own personal conduct in quasi- judicial proceedings: • Don't make up your mind before the hearing • Don't make prejudicial pre-hearing statements • Don't speak with one side or the other before a hearing(ex parte contacts) • Don't participate if you have a financial or other personal interest in the matter(code of ethics) • Don't sign any"pro" or"con" petitions • Don't be a witness in your own hearing. Instead, have the parties provide you with information at the hearing Q RSA SAFER 11 Quasi-Judicial Issues • Discuss and consider quasi-judicial matters only at the Board's duly noticed public hearing;that is: • Wait until the matter has arrived on your agenda and is"ripe"for you to hear, deliberate and decide • Don't engage in pre-hearing"buzz"—you get to make the decision but with that power comes the responsibility to be fair and unbiased and follow the rules of engagement • Focus your deliberations on the applicable criteria—have the criteria at the ready and speak directly to whether or not the application meets those criteria. Ask staff for help as needed—work with Town Attorney to develop "checklists" summarizing your more regularly-used criteria • Once the Board has made its decision, let the decision speak for itself • Even if you held a minority view, recognize your individual responsibility to respect the body's decision CII RSA SAFER 12 Page 8 5/29/2024 VPSocial Media Glenwood Springs mayor deletes official Facebook page following threats or Christine Berg over Anti-fracking activist sues outgoing Lafayette May alleged First Amendment violati©Federal Court:Public 13 ©Officials Cannot Block ® Should the First A ea Social Media Users Because mend of Their Criticism Face book It ment apply to s complicated. Colorado fire chief resigns after social media comment about George Floyd protesters Can Elected Officials Censor Their Critics on Social Media? Escondido Mayor Sued for Blocking Profile on Faceeook . CI RSA SAFER 13 Social Media • This term,the United States Supreme Court for the first time provided some guidance on the issue of the extent to which public officials can block or delete comments on social media. Lindke v. Freed, 601 U.S. 187 (2024);O'Connor-Ratcliff v. Garnier,601 U.S. 205 (2024). • The Court's decision confirms that federal civil rights liability(under 42 U.S.C. Section 1983)can exist for blocking or deleting a comment under this two-prong test: • First,the official must possess actual authority to speak on the public entity's behalf on the particular matter at issue in the relevant social media posts. • Second,the official must purport to exercise that authority when speaking in those social media posts. CI RSA SAFER 14 Page 9 5/29/2024 Social Media • The public official in question,James Freed,was a city manager. After his appointment, he made his personal page public, describing himself as"Daddy to Lucy, Husband to Jessie and City Manager,Chief Administrative Officer for the citizens of Port Huron, MI." • His profile photo was a photo of himself in a suit with a city pin. • His postings were a mixture of personal and work-related. He occasionally deleted comments that he thought were "derogatory"or"stupid." • When Kevin Lindke, a citizen, began making derogatory comments about the City's pandemic response and other matters, Mr. Freed first deleted his comments, and then blocked him from making comments;the lawsuit ensued, resulting in the articulation of the two-prong test described above. CI' ';S!1 SAFER 15 Social Media • The Supreme Court noted that denoting personal opinions as such creates a heavy (though not irrebuttable) presumption that posts are personal and not"state action"for purposes of civil rights liability. • CIRSA has consistently suggested to officials that they use caution as blocking commentors or deleting comments could expose them to potential civil rights liability as"state actors".Our best practices suggestion remains"Use Caution": The best lawsuit is one that never happens. • The public official in the Lindke case was an employee.The Court in the O'Conner- Ratcliff held the same standard applies to elected officials—in that case elected school board members.With a Mayor or governing body member,the issue of actual authority to speak on a matter might land closer to home. • And Section 1983 isn't the only potential source of liability: • As with any written/spoken words,social media activity can be a source of potential tort claims—defamation,false light, public disclosure of private facts, etc.—and,especially for supervisors, potential employment related claims. • And remember the previous discussion about social media and open meetings/open records issues! CIRSA SAFER 16 Page 10 5/29/2024 Social Media — Tips • Consider"keeping it light." Social media can be great for staying current and in touch but is probably not the best place for handling controversial issues. • Consider the value and impact of your social media activity in relation to your role as a member of the governing body;e.g.: • Are personal opinions denoted as such?This has become an important protection under Lindke. • Be careful about using"We"in posts:Are posts for or about the Board accurate as to"we"and where"we"are at? • Is your activity calculated to foster open and honest communication,to build bridges,and to bridge divides,or just to embarrass,troll,or"get back at" someone? • If your objective on the Board is to draw together a consensus of votes on the issues you care about most,then consider whether your interpersonal conduct,especially on social media,is aimed at that end or is working against it! • Confine your campaign activities to personal accounts • Adopt and follow a Town social media policy CI SAFER 17 Legislative v. Administrative Matters: Where are you focusing your efforts? Ownership • Time Horizons:Yours should be the furthest Governance out! • Dealings within Chain of Command: Don't jump Management more than one level! • No Redundancy: Unlike Supervision other levels in the organization,there is no one else who can step in Front Line and do your job—and Employment your job is not administration! CII RSA SAFER 18 Page 11 5/29/2024 Legislative v. Administrative Matters • It's important to understand and observe the difference between legislative and administrative matters • A local government evolves from"hands on"elected official involvement in administrative issues to a Manager/Administrator format as the entity's operations become more sophisticated and complex. • Manager/Administrator format:The gold standard of local government! • You've achieved this gold standard,and have allocated significant resources to it...so use this format to its best advantage! • Establish "corporate"values and mission,set overall goals and priorities, and give broad direction,leaving details of execution to staff. • If a matter is one that has been delegated/entrusted to your Administrator and staff,it is likely to be an administrative matter • It's not that administrative matters are"hands off"for elected officials —you are entitled to ask questions and get information--but it's important to exercise role discipline in order to prevent entanglements, disempowerment, and misunderstandings C‘O SAFER 19 Involvement in Personnel Matters • The legislative-administrative distinction is particularly important in personnel matters. • A governing body's most appropriate role is to stick to the"big picture" issues: • Personnel rules, including selection procedures performance evaluations, disciplinary actions • Entity-wide pay/benefits plan • Selection and management of your"direct reports" • Overall entity-wide and departmental goals and priorities • Governing bodies must do their work in public—but some aspects of personnel management should not be done in public! • The more you become involved in the intricacies of a personnel matter,the harder it will be to navigate the competing demands of privacy rights of an individual employee and governing body transparency requirements CII RSA SAFER 20 Page 12 5/29/2024 Involvement in Personnel Matters • You may experience pressure to become involved in hiring/firing/supervision decisions concerning positions that are not direct reports to you • Pressure can come from various directions—yourself, citizens, employees • But your involvement in such decisions may come at a huge cost— the chain of command is disrupted,supervisors and managers are disempowered, and ultimately,the ability to sort out and establish accountability is lost • Shouldn't the supervisor be the one to make hiring and firing decisions? • Shouldn't the supervisor be able to make supervisory decisions without being second-guessed or end-runned? • Is a dysfunctional working relationship inevitable when the supervisor has been disempowered and/or the employee knows that an "end run" is possible? (I�:S!0 SAFER 21 Board — Staff Roles - Tips • Recognize perceptions and impacts of getting involved in matters delegated to your Administrator and staff. • Your"question for clarification"or comment that"I'd like to see this"may be perceived as an order or an instruction • Establish, in collaboration with your Administrator, a process for bringing forward your questions and concerns(or those raised by citizens) about administrative matters • Resolve to speak with "one voice"to your direct reports—will pay dividends in terms of clarity, accountability,trust, and certainty of purpose. • Use your direct reports effectively as a resource • Speak in terms of"we" and not"I". Recognize it is the Board's responsibility to sort out and reconcile its differences. • Commit to honoring the Board's priorities and agenda CII RSA SAFER 22 Page 13 5/29/2024 Thank you ! • Many of these topics can be explored in greater depth • Both CIRSA General Counsel Sam Light and I are always available for training, participation in Board retreats, etc. • tami@cirsa.org • saml@cirsa.org • We appreciate the opportunity to be of service to the Town! SA CICIRSA FTOGETHERR 23 Speaker Bio • Tami A. Tanoue • Executive Director for CIRSA; previously General Counsel/Deputy Executive Director • Previously in private practice with the firm of Griffiths, Tanoue, Light, Harrington & Dawes, serving CIRSA as its contract General Counsel for 12 years, and serving as City or Town Attorney for several Colorado municipalities. • Previously Staff Attorney for the Colorado Municipal League, representing the collective interests of Colorado municipalities. • Regular speaker on local government liability topics; author of several publications on liability issues. CIRSA SAFER 24 Page 14 A IP MEMO TOWN OF ESTES PARI TOWN CLERK OFFICE To: Mayor Hall Town Board of Trustees Through: Travis Machalek, Town Administrator From: Jackie Williamson, Town Clerk Date: May 28, 2024 RE: Bed & Breakfasts and Vacation Home Cap Purpose of Study Session Item: To summarize and review proposed code amendments to bed and breakfast regulations and review the residential vacation home cap as required by the Municipal Code on an annual basis. Town Board Direction Requested: • Staff requests direction from the Board on the bed and breakfast code amendments, and more specifically, whether current bed and breakfast licenses should be grandfathered, and if so, how. • Staff requests direction on changes to the residential zone vacation home cap of 322 for vacation home licenses in residential zoning districts. Present Situation: Since May 2023, staff has been working with the Board to bring the bed and breakfast definition in alignment with the county and state definition to clearly differentiate the use from vacation homes. Three moratoriums have been placed on bed and breakfast (B&B) applications during the past year to allow the development of a new definition and regulations, and requirements for owner/on-site manager residency and meal service. During the March 26, 2024 board meeting, staff presented a report and discussion item on B&B code amendments. The Board stated consensus on the following items: owner/on-site manager (innkeeper) is to reside in the same unit as the B&B, the innkeeper is to interact with the guests and be available within 30 minutes, the B&B must offer breakfast to its guests, no transferring of the grandfathered use, a drawing of the property to outline common areas, guest only areas, and innkeeper only areas, and the need for a life safety inspection for all B&Bs. The Board was split on the grandfathering of the current 11 licensed properties. Staff outlined grandfathering options at the April 9, 2024 meeting with Option 2 preferred; however, the Board requested the new Board, following the April 2024 election, review and provide feedback before final code amendments were drafted. During the development and adoption of the vacation home regulations in 2016, the Town Board requested the residential cap be reviewed on an annual basis. The Municipal Code states the cap will be reviewed on or around April of each year. Page 15 Proposal: The presentation provides a high-level overview of the B&B discussions, proposed code amendments and an outline of previous grandfathering options as listed below: Option 1 — No change to the current code regulations. Option 2 — Adoption of the revised code regulations with a grace period for current licenses to come into compliance. Option 3 — Partial grandfathering to include a drawing and a life safety inspection. Option 4 — Grandfather current licenses until the property is transferred or no longer being used as a B&B. Option 2 would be in alignment with how vacation home regulations were implemented in 2017. Vacation home owners were provided 24 months to come into compliance with the new regulations. This afforded them the ability to continue to honor current reservations while the use came into compliance with adopted regulations. This option would further provide the time needed for staff to review the hosted vacation home model and address both development and municipal code changes. The presentation will also outline the history and current vacation home license numbers to assist with a discussion on the current vacation home cap for residentially zoned properties. Advantages: • Review and provide direction on proposed B&B regulations to allow the development of code amendments to differentiate the use from vacation homes and to allow applications to be accepted once the regulations have been adopted. • Clearly outline the regulations for the operation of B&Bs for staff, owners and neighbors with the adoption of new regulations. • Allow staff time to review a third category of short-term rentals as directed by the Board. • Review of the vacation home cap to meet the requirements outlined in the Municipal Code. Disadvantages: • Additional application requirements would be required depending on the option recommended by the Board. • Increase in the vacation home cap could further impact residential neighborhood character. Finance/Resource Impact: Staff time depending on the direction received by the Board. Level of Public Interest Low at this time for the general community but high for those interested in operating a B&B or for those interested in operating a vacation home in a residential zoning district. Attachments: 1. Presentation Page 16 5/29/2024 Attachment 1 Business/ Short Term Rental License Renewal Annual Report Town Board of Trustees May 28, 2024 A EP ESTES PARK COLORADO 1 Why Are We Here? To review the 2023-2024 Annual License Renewal process. ❖ Discuss residential vacation home cap per the requirements of the Municipal Code. To discuss Bed Et Breakfast Code Amendments. Discuss future changes/issues. 2 Page 17 5/29/2024 2024 Business License Renewal 3 Business Licenses Business Licenses- 2012-2023 2023 Renewals 1700 1700 ► 1397 licenses as of today 1600 1600 1500 1500 + 29 in Town licenses were delinquent 1400 1400 as of 02-01-2023 °o 1300 ► 6 Citations were issued for 1200 1200 businesses which did not renew by 1100 1100 02-15-2023 1000 moo 2024 Renewals 900 - 900 800 800 - ► 1509 licenses as of today 700 �'� — -- + — 700 26 in Town licenses were delinquent — 600 as of 02 01 2024 500 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 500 b 0 Citations were issued for Total Licensed -In Town ---Out of Town businesses which did not renew by 02-15-2024 4 Page 18 5/29/2024 2024 Vacation Home Renewal Et Residential Cap Review il, 5 Vacation Home Licenses _.] Year Total Registered Residential Commercial Current Cap 322 Town Limits 2013 143 122 21 Vacation Homes - 2012-2023 550 550 2014 162 139 23 500 500 2015 191 163 29 450 450 400 400 2016 267 203 64 350 350 2017 377 282 95 300 300 2018 423 319 104 250 zso 2019 424 308 116 zoo zoo s0 150 2020 463 322 141 100 100 2021 480 322 158 50 50 0 — 0 2022 506 321 185 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2023 524 322 202 Total Registered Residential ———Commercial Town Limits 6 Page 19 5/29/2024 i Vacation Home Transferability \, r Currently allow license to be transferred if commercially . zoned or the license has been maintained since 10/18/2021 Transfer Transfer 1 01 by Yea Applications eligible •• Transfers per Year Processed trans - 45 40 2018 38 n/a 35 2019 42 n/a 30 25 2020 34 n/a zo I 2021 22 4 15 10 Iik I I . 1 I IIVILLIIL 2023 19 18 2018 2019 2020 2021 2022 2023 •Applsanons •Residential •Commeraal 2024* 14 23 Process *As of 04/19/2024 7 Inactive Vacation Home Licenses ► Reasons licenses have gone inactive ► Workforce Housing Regulatory Year Total Inactive Incomplete Residential co Licenses Applications Linkage Fee 2017 38 10 27 11 ► Increase in lodging tax - Ballot 2018 39 0 25 14 Issue 6E 2019 26 1 20 6 ► Too many regulations 2020 28 2 19 9 ► Not actively used 2021 23 3 15 8 ► Overdue transfer 2022 35 3 10 25 ► Expired license 2023 6 0 5 1 ► Incomplete Application 8 Page 20 5/29/2024 Residential Vacation Home Cap Waitlist 19 Waitlist by Year Appns Decreased by 41 since Processed moratorium 10/2021 2018 8 2019 16 Next Application on Waitlist 2020 15 Received 06/2021 2021 14 ► Reasons for waitlist attrition 2022 8 ► Withdrawals 2023 11 ► Transfer of ownership * ► Loss of interest due to length of time on 2024 8 waitlist *7 additional removed and not processed ► Long-term renter due to reasons listed under attrition 9 1,‘,14 Bed Et Breakfast Inn Code Amendments 10 Page 21 5/29/2024 Timeline and How We Got Here. April 11, 2023 Study Session Meeting Discussed increase interest in bed Et breakfast due to VH cap, alignment with statutory definition, clarify residency requirements • May 23, 2023 Town Board Meeting • Ordinance 06-23 was passed placing a moratorium on bed Et breakfast licenses for 6 months - expires November 23, 2023 • Provide time to review and propose regulations • September 12, 2023 Study Session Meeting Board provided guidance and direction on regulations to develop ordinance November 14, 2023 Town Board Meeting Board requested clarification/review of the drafted code amendments regarding Innkeeper residency, food safety Et service, kitchen use, grandfathering 11 Timeline and How We Got Here - Continued • November 28, 2023 Town Board Meeting Ordinance 12-23 was passed placing a moratorium on bed Et breakfast licenses for 6 months - expires May 23, 2024. • March 26, 2024 Town Board Meeting Board in agreement with life safety inspection, submittal of a floor plan, require breakfast be offered to guests, and transferred license subject to new regulations. Requested grandfathering options be presented at next meeting. • April 9, 2024 Town Board Meeting • Four grandfathering options presented. Board requested Option 2 be brought forward for the new Board's consideration. • Option #2 would adopt all proposed regulations with a grace period for current licenses to come into compliance. 12 Page 22 5/29/2024 Bed Et Breakfast Definitions Estes Park Definitions State Definition(for taxation purposes C.R.S. Municipal Code 39- 1-102) A detached single-family dwelling An overnight lodging establishment,whether accommodation that is operator-occupied or owned by a natural person or any legal entity, an on-site manager resides on the premises that is a residential dwelling unit or an during the accommodation use. appurtenance thereto,in which the innkeeper resides,or that is a building designed but not necessarily occupied as a single-family Development Code residence that is next to, or directly across the A residential dwelling unit that is rented, street from, the innkeeper's residence,and in leased or occupied as a single either circumstance,in which: accommodations unit for accommodations , Lodging Accommodations are provided for a purposes for terms of less than 30 days and fee; is owner-occupied on a full-time basis or an on-site manager employed by the At least one meal per day is provided at owner resides on the premises during the no charge other than the fee for the bed and breakfast use. lodging accommodations;and There are not more than 13 sleeping rooms available for transient guests. 13 Bed & Breakfast Licenses Increased interest in Bed a Breakfast Commercial Property Tax Rates licenses - State requirements C.R.S. 39-1-102 A result of the residential cap &waitlist moratorium ► Lodging accommodations for a fee ► How property improvements can ► Minimum 1 meal provided per day* maximize renting options: ► Maximum 13 sleeping rooms ► Owner suites ► Has an Innkeeper on/near property** ► Owner occupied ADUs ► Mixed-use property classification ► Breezeways to connect buildings ► Based on square footage of rental ► A need to clarify the difference area between Bed Et Breakfasts and Vacation ► Must meet the State requirements Homes for both owner and staff ► More direction on owner residency 'Not currently addressed in Town regulations "Town regulations are more restrictive 14 Page 23 5/29/2024 Goals of B&tB Code Amendments Clarification for staff, owners, and neighbors: Requirements for owner/on-site manager residency Meal service - Differentiate a bed E. breakfast from a vacation home • Align Town definition/regulations with Larimer County Assessor and State Statute definition 15 Bed &t Breakfast Licenses Year Total Registered Residential Commercial Town Limits 2013 1 1 o Vacation Homes - 2012-2023 20 20 la 2014 4 2 2 2015 4 3 1 15 15 2016 5 4 1 2017 7 6 1 10 10 2018 4 4 0 2019 17 17 0 5 - R 5 2020 15 15 0 2021 14 14 0 a 0 2022 15 15 0 2012 2013 2014 2015 2016 2017 201 0 2021 2022 2023 Total Registered —Residential ———Commercial 2023 14 14 0 Town Limits 16 Page 24 5/29/2024 wpr Example 111011P.- also,our current license with the town of Estes Park requires that we have someone on the property �> .ever guests are present.We will therefore have someone staying in a"mother-in-law"suite v s on.y connected to the house through a garage beneatn the kitchen.Our goal will be invisible . and you will have full access to aP of the main house so please cons'der this as nothing ant than a recalar sh;rt-t P ,+orcperty.We are on the waiting list for the license that r �rmr � , doesn't require this,so we might even not be there by the time your dates arrive,but we just wanted Details: to let you know. - No true on-site management interacting with guests - No meals provided - Linkage fee does not apply - Fire pits and other solid fuel devices allowed with on-site management - Confusion with neighbors - Vacation Home vs Bed Et Breakfast 17 What Differentiates B&B from VH? • Owner/on-site manager (innkeeper) residency within the same dwelling unit as the B&B. Meal service - must offer breakfast Room rental vs. rental of entire home Interaction with guests Fire pits and other solid fuel devices allowed with on-site management )111_ 18 Page 25 5/29/2024 Proposed Amended Regulations Innkeeper to Interactive reside in same Innkeeper Drawing unit as B&B30-min response required time Offer Breakfast No Life safety Transferability inspection Multiple parties? 19 Impact on Existing Licensees Option 1: Option 2: Option 3: Option 4: Option 5: Status Quo Full Change, Partial Full Other with Grace Grandfather Grandfather Period until Transfer until Transfer Innkeeper to reside in same unit as B&B Interactive Innkeeper • awin- 30-min response time required 7 Offer Breakfast • r No Change No Transferability No Changes Required Drawing required Life safety ir Life safety inspection inspection Multiple parties? 20 Page 26 5/29/2024 Current B&tB Licenses GUEST SINGLE MULTIPLE HOLDS POSSIBLY DAYS GUEST ROOM SHARED MEAL SEPARATE INNKEEPER NIGHTLY OPENED ZONING BEDROOMS VH RENTED SINCE BEDROOMS SUITE/ RENTAL PARTY PARTY SPACE PROVIDED KITCHENETTE INTERACTION FEE HOUSE RENTAL RENTAL LICENSE 04/2023 B&B 1 2022 E 3 1 ✓ ✓ ✓ 302 $82 B&B 2 2022 R 3 1 ✓ ✓ ✓ 287 $61 8&83 2021 E-1 6 4 1 ✓ ✓ ✓ 137 $755 r B&B4 2018 E.1 4 3 ✓ ✓ ✓ ✓ ✓ 204 $105 B&B 5 I2018 E 3 3 ✓ ✓ ✓ 254 $429 B&B 7 2020 R 3 1 ✓ ✓ ✓ 290 $69 B&B 8 2021 E 6 2 ✓ ✓ ✓ 354 $230 B&B9 2018 E-1 5 4 1 ✓ ✓ ✓ 90 $200 B&B 10 2018 R 4 1 ✓ ✓ ✓ 303 $145 B 11 2019 B&1E 5 4 ✓ ✓ ✓ ✓ 159 $138 B&B 12 2019 E 3 2 ✓ ✓ ✓ ✓ 0 $0 B&B 6 withdrew their license after the last meeting. 11 licenses remain active. 21 Discussion Items Or ► Consider adjustments to the residential vacation home cap ► Board direction on proposed Bed Ft Breakfast amendments. ► Consider third short term rental classification for hosted Aid, vacation homes. i _ 22 Page 27 5/29/2024 Board Discussion/Direction Et Questions 23 Page 28 PUBLIC COMMENT RECEIVED 2024-05-28 Town Clerk<townclerk@estes.org> ESTES LIJ. PPAX Bed and breakfast moratorium 1 message Courtney Bell <courtneybfrankowski@yahoo.com> Sun, May 26, 2024 at 11:23 AM To: townclerk@estes.org Please include as a public comment in the packet for Tuesday's board meeting. Thank you! Dear Town Board Members, I attended a Trustee Talk with Bill Brown and Kirby Hazelton on May 23rd at the town hall and was encouraged by the trustees to write an email to the Board regarding Bed and Breakfast permitting, and my own specific situation, which urgently depends on a resolution to the outstanding B&B moratorium. It has been my dream to retire in Estes Park and open a bed and breakfast here close to the park entrance. So when the ideally located property came available in August 2022, I purchased it, perhaps ahead of my original timeline, because of the lodging and commercial activity around it. The site has a short term rental to the left, Colorado Cottages to the right and Bird and Jim Restaurant and the Alpine Trail Ridge Inn directly across the street. I found out that in order to have a bed and breakfast I needed to have an on-site manager; so after purchasing the property I built an addition to house for an on-site manager, to comport with the regulation. I simultaneously began construction and accepting reservations for Summer 2023. Construction ran over and my first guests arrived and my permit wasn't in place. Understandably, I was given two citations for operating without a permit, and at my hearing on 9/6/23 The Honorable David Thrower reduced the fine contingent on getting my bed and breakfast permit within the next 60 days. When I contacted the permit office I was told there was a temporary moratorium in place on new B&B permits, but I figured there was plenty of time for the moratorium to be lifted for summer of 2024. An on-site manager moved into the addition and I began taking reservations for summer 2024 with the notation in my listing online that I was waiting on B&B permitting. The first guests are due to arrive in two weeks and I have no permit because of the moratorium. Each citation for not having a permit is$2,650.00 on its face, as well as the friction caused by the issuing officer asking questions of the guests, and in full transparency it is very important for me to be a lawful citizen and good neighbor in the first instance. I am a single mother with three children and this delay has been emotionally draining for me as I have poured my savings into this business and I'm afraid for what will happen to me this season. While I fully understand and respect that the Town is trying to set a sustainable policy I am regretfully a victim of the delay in that policy's codification. In addition to most urgently resolving the moratorium or any other sustainable long term solution that comports with Town code, any consideration I can be afforded along the way would be most welcome. I am speaking only for myself but I have to imagine that there are others in similar situations. Respectfully, Courtney Bell 880 Heinz Parkway Sent from my iPhone Page 29 Page 30 TOWN BOARD STUDY SESSION MEETING May 28, 2024 Mayor/Trustee Talks. No packet material will be provided for this item. Page 31 Page 32 EP AL TOWN OF ESTES PARK Future Town Board Study Session Agenda Ite May 28, 2024 June 11, 2024 Items Approved — Unscheduled: • Occupancy Limit Code Changes to • Arborist Licensing Comply with New State Law • Annexation and Re-Implementation of • Noise Ordinance Joint Planning Area • Guiding Policy for Implementation of the • Parking Enforcement Ordinance Updates Electrical Vehicle Infrastructure and • Liquor License Process Readiness Plan • Curb and Gutter Philosophy • Commercial/Residential Insurance • Hosted Short Term Rentals Overview • Governing Policies Updates • Stanley Park Master Plan Implementation June 25, 2024 • Trailblazer Broadband Construction Items for Town Board Consideration: Update None • Next Steps for the Town-Owned Parcel at Elm and Moraine September 10, 2024 • Project Scoping for Capacity Improvements on the Big Thompson River & Fall River Page 33 Page 34