HomeMy WebLinkAboutMINUTES Town Board Study Session 2024-06-11RECORD OF PROCEEDINGS
Town ofEstes Park, Larimer County, Colorado June 11, 2024
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 11th day of June, 2024.
Board: Mayor Hall, Trustees Brown, Cenac, Hazelton, Igel,
Lancaster, and Younglund
Attending: Mayor Hall, Trustees Brown, Cenac, Hazelton, Igel, and
Younglund
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, and Deputy Town Clerk
Beers
Absent: Trustee Frank Lancaster.
Mayor Hall called the meeting to order at 4:00 p.m.
GUIDING POLICY FOR IMPLEMENTATION OF THE ELECTRIC VEHICLE
INFRASTRUCTURE AND READINESS PLAN. Staff presented and requested direction
on a guiding policy identified as an objective in the 2024 Strategic Plan regarding Town
and private-sector roles in implementing the Electric Vehicle Infrastructure & Readiness
Plan. Management Analyst Simpson outlined three options for future expansion of local
electric vehicle charging station infrastructure, including Town ownership and
maintenance, private provider operation, and no expansion in public parking lots. Staff
recommended pursuing private provider operation for expansion with Power and
Communications managing electrical infrastructure and Public Works managing parking
supply. Current inventory aligns with peer communities interviewed for the data points,
including Aspen, Boulder, Breckenridge, Fort Collins, Glenwood Springs, Steamboat
Springs and Vail. Staff requested Board direction on proposed options, Town
involvement level, and expansion needs. Board comments and questions have been
summarized: questioned which locations are used the most frequently; type of chargers
and rates; the number of spaces owned by the Town; which season results the highest
use; whether staff have data from past seasons to compare to current data; how the
electric vehicle market levels are anticipated to grow; does the Town pay capital
investment; and whether companies have a standard way to pay municipalities for the
use of these parking spots. Board consensus was Option 2 to pursue private provider
operation with no expansion in public parking lots. Staff would research Board questions
and provide more details when available.
OCCUPANCY LIMIT CODE CHANGES TO COMPLY WITH NEW STATE LAW.
A new state statute (House Bill 24-1007), concerning residential occupancy limits, was
approved on April 15, 2024. The statute prohibits local governments from limiting the
number of people who may live together in a single dwelling, unless such occupancy
limits are based on demonstrated health and safety standards, such as those
established in building and fire codes or water and wastewater environmental quality
standards, or if based on affordable housing program guidelines. The restrictions
become effective July 1, 2024, and will be applicable to the Town of Estes Park. The
Estes Park Development Code (EPDC) limits residential occupancy for household living
to no more than eight unrelated individuals in a single dwelling unit. Staff has
determined that the occupancy restrictions within the EPDC are inconsistent with the
newly enacted state statute. Staff recommended removing all references to specific
occupancy limits from the EPDC to comply with state statutes. The Board could adopt
occupancy limits identified in the 2021 International Property Maintenance Code (IPMC)
Chapter 4, Section 404. However, staff identified concerns regarding enforcement,
verification, available staff and personal privacy issues for those living in the dwelling.
RECORD OF PROCEEDINGS
Town Board Study Session -June 11,2024- Page 2
Board comments and questions have been summarized: clarification was requested on
the current occupancy situation and known issues; whether staff knew the reason
behind the state changes; how these proposed changes could impact accessory
dwelling units; and timelines for enforcement and potential limitations. The Board
requested clarification on timelines and qualifications for approval of an emergency
ordinance. Staff advised against a more expedient approval outside the typical process
due to the level of intrusiveness required to establish residency including staff time and
code enforcement. Staff would bring forward amendments for consideration which
include changes to the reference of small and large living spaces.
NQJSE ORDINANCE.
At the request of the Board, staff reviewed the Town's current noise ordinance and
options for amendments. Over the past year, the Town has received a significant
amount of feedback from members of the public expressing concerns with the current
noise ordinance. Specific concerns include the lack of a quantitative decibel standard,
the ability of the Town Engineer to issue permits for overnight construction work, and
the lack of enforcement of the unreasonable noise standard. The most recent change to
the Town's noise regulations took place in July of 2022 with the adoption of Ordinance
14-22. This ordinance clarified that amplified outdoor sound was subject to the
provisions set forth in Section 8.06.020, and created a permitting process that allows
the Town Engineer to approve exceptions to the prohibitions set forth in Section
8.06.020 for nighttime construction noise in the right-of-way. At the January 9, 2024
Study Session, the Town Board indicated an interest in exploring a hybrid approach to
noise enforcement which included both a decibel-based and unreasonable noise
standard. A number of other changes have been suggested, including: moving the
authority to grant exceptions for nighttime construction noise from the Town Engineer to
the Town Board, and replacing the blanket exception for Town authorized or sponsored
events, including but not limited to, parades, fireworks displays, concerts, and events at
Stanley Park, Bond Park, or Performance Park. Staff stated the goal would be voluntary
compliance with the dual based standard acknowledging there may be a need to
identify compliance for multiple violations. Staff requested Board direction on the
proposed change and discussion has been summarized: stated a need for an additional
method to measure noise; whether staff would undergo training on reasonable noise
taking into consideration the location; proximity to residential properties, traffic and other
variables; how staff handle subjective measurement; concerns were stated for the
variables which exist for the Police Department responding to noise violations; what
data staff have on the type of noise complaints received and resolution; the need to
focus on education and escalation when there are numerous violations; whether local
events have received noise complaints; and the Board acknowledged challenges for
enforcement as it related to neighbor disputes and event venues near residential
properties. Attorney Kramer stated the language was designed to be broad allowing
staff to present evidence which can be compiled and presented in court to demonstrate
the violations of noise limitations.
Discussion ensued regarding night construction for the Downtown Estes Loop project
and concerns were heard regarding annual Town Board approval of events due to
additional workload for staff and other timing variables. Staff would conduct an analysis
of repeat complaints and reoccumng violations which would be provided to the Board.
Board consensus was to direct staff to bring forward code amendments to add decibel-
based limits and move the authority for considering night-work permits to the Town
Board. Staff would bring more information back to the Board regarding event noise
considerations to a future meeting.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
RECORD OF PROCEEDINGS
Town Board Study Session -June 11,2024- Page 3
FUTURE STUDY SESSION AGENDA ITEMS.
It was requested and determined an update on new locations for the Police Department
would be scheduled for June 25, 2024, Planned Unit Development code changes and
use of town property for vendors to the approved/unscheduled list.
There being no further business, Mayor Hall adjourned the meeting at 6:33 p.m.
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