HomeMy WebLinkAboutMINUTES Town Board 2024-07-09Town ofEstes Park, Larimer County, Colorado, July 9, 2024
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 9th day of July, 2024.
Present: Gary Hall, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Bill Brown
Kirby Hazelton
Mark Igel
Frank Lancaster
CindyYounglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Hall 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 (HazeltonA/ounglund) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
None
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: The Transportation Advisory
Board has two vacancies; the success of the 4th of July celebrations; increased traffic
impacts would occur due to pavement projects throughout town; work continues on the
potential purchase and conversion of Fall River Village to workforce housing; the Rooftop
Rodeo began July 8, 2024 with a large attendance; Sister Cities requested the community
donate books to the Santa Elena Library which serves three villages in Costa Rica
including Monteverde; and Visit Estes Park met and approved a financing support request
for a new annual Skijoring event and received a report on the Encore project from the
Fine Arts Guild of the Rockies.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek thanked all staff who supported the July 4th celebration and
stated pavement operations would begin in earnest with traffic impacts anticipated.
CONSENT AGENDA:
1. Bills.
2. Town Board Meeting and Study Session Minutes dated June 25,2024.
3. Estes Park Board of Adjustment Minutes dated June 4, 2024 (acknowledgment
only).
4. Transportation Advisory Board Minutes dated April 17 and May 15, 2024
(acknowledgment only).
5. Resolution 58-24 Revised Policy 842 Parking Permits.
6. Resolution 59-24 IGA with CDOT for Zero Emissions Fleet Transition Grant.
Board of Trustees - July 9,2024 - Page 2
7. Resolution 60-24 Grant Agreement with the Colorado Association of Transit
Agencies for 2024 Ozone Season Transit Grant Program Funds.
It was moved and seconded (CenacA'ounglund) to approve the Consent Agenda with
the removal of Consent Agenda Items 5, 6, and 7, and it passed unanimously.
Trustee Igel requested clarification on the nature of Consent Agenda items in general,
specifically resolutions, and items which may have financial or large impact on the
community. Town Administrator Machalek provided clarification on items which could
appear on the Consent Agenda such as: specific strategic goal items, minor changes to
policies, and budgeted items.
Consent Agenda Item 5 Resolution 58-24 Revised Policy 842 Parking Permits. It
was moved and seconded (HazeltonA^ounglund) to approve Resolution 58-24, and it
passed unanimously.
Consent Agenda Item 6 Resolution 59-24 IGA with CDOT for Zero Emissions Fleet
Transition Grant. Town Administrator Machalek and Grant Specialist Blevins clarified
the IGA addresses a Board Strategic Plan Objective to fund the creation of a Zero
Emissions Transition Plan. The Board discussed the budgetary obligations and the
Environmental Sustainability Task Force Report. It was moved and seconded
(Younglund/Cenac) to approve Resolution 59-24, and it passed unanimously.
Consent Agenda Item 7 Resolution 60-24 Grant Agreement with the Colorado
Association of Transit Agencies for 2024 Ozone Season Transit Grant Program
Funds. Manager Klein stated earlier this year hours of operation for the gold and silver
routes were limited due to funding. The grant agreement would fund the restoration of the
operating hours for both routes from July 1 to August 31, 2024 with no financial match
obligation from the Town. It was moved and seconded (Younglund/Hazelton) to
approve Resolution 60-24, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. BASE FUNDING REPORT - VIA MOBILITY SERVICES. Director Bitzer provided
a report on the base and annual funding for Via Mobility Services and stated Via
has provided para-transit services in Estes Park for 45 years. She highlighted the
services of Via, services provided during COVID-19 including food and book
delivery, and emergency evacuations during the 2020 wildfires. The Board
discussed the number of vehicles operating in Town, anticipated electric vehicle
acquisition, and the process for arranging and requesting services from Via.
2. LARIMER COUNTY EXTENSION PROGRAMMING PRIORITIES. Commissioner
Stephens and Larimer County Extension Director Weiner provided an update on
the county's Colorado State Extension Program priorities and services. The
extension program partners with Colorado State University to provide low-cost
programs to county citizens such as 4-H, agriculture, health and well-being,
horticulture, food preservation, leadership development, nutrition, and water. They
highlighted active programs, community outreach, and services available in Estes
Park. The Board discussed the Evergreen Elders program, programs which appeal
to elderly populations, partnerships with local entities, the radon kit social media
campaign, radon mitigation financial support, youth Spanish programming, and
horticulture therapy.
3. PLATTE RIVER POWER AUTHORITY (PRPA) INTEGRATED RESOURCE
PLAN (IRP) PROCESS UPDATE. PRPA CEO Frisbie and COO Setti provided a
review of the IRP, a comprehensive long-term plan to integrate customer energy
demand and resources with utility resources to provide reliable, economic, and
environmentally friendly electricity to customers. The IRP assists in preparing for
industry changes arising from technology progress, consumer preferences, and
regulatory mandates. The 18-month planning process included external studies,
community engagement, load forecasting, and plans for the next 10-20 years.
They highlighted community meetings, clean energy transitions, replacing 431
Board of Trustees - July 9,2024 - Page 3
megawatts of coal with low or no-carbon energy, energy and capacity planning,
the IRP process, the renewable purchase power agreement, system and resource
reliability, electric supply and demand forecasting, storage options, current C02
emissions and reduction, and projected power supply costs. The recommended
Optimal New Carbon portfolio would be consistent with the Resource
Diversification Policy goals, maintain optionality for the future, and provide
equitable access for all citizens. The Board discussed forecasting challenges,
certainty of cost projections, strategies being utilized to meet PRPA's financial
strategic plan, Larimer County population growth impacts, weather impacts on load
and demand, replacement of the natural gas generator, where PRPA stands with
the other major utility providers, and next steps.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE 09-24. ZONING MAP AMENDMENT FOR 540 AND 550 WEST
ELKHORN AVENUE. ELKHORN PLAZA ASSOCIATION, OWNER/JQE
COOP, VAN HORN ENGINEERING, APPLICANT. Mayor Hall opened the
public hearing and stated he received an ex-parte communication from a
citizen prior to the public hearing scheduled on June 25, 2024, he provided a
summary of the comments to the Board. Planner Hornbeck presented the
request to rezone 540 and 550 West Elkhom Avenue from the Multi-Family
Residential (RM) to the Outlying Commercial (CO) zoning district. The 0.84
acres site contains fifteen residential condominium units in two buildings and
the application for rezoning was submitted by the owner's association on
behalf of the individual owners of each unit. Historically, the properties were
commercially zoned in 1974 as C-2 Restricted Commercial, in 1989 as CO,
and in 2000 was rezoned from CO to the current RM zoning as part of the
valley-wide update to land use regulations. No record exists as to why the
properties were rezoned in 2000; however the residential use of the properties
did not match the commercial zoning. Per the Statement of Intent, this request
would create consistency with neighboring lots, make future redevelopment
more viable, accommodate for owners lack of awareness of the 2000
rezoning, and allow licensing of vacation homes without being subject to the
cap and waitlist. Four of the units are licensed vacation homes. Staff and the
Estes Park Planning Commission recommend denial of the application as it
was found non-compliant with the housing policies and intent of the
Comprehensive Plan, rezoning to a non-residential zoning district would
create a non-conforming use, and the changes and conditions in the area were
not substanital enough to make rezoning necessary.
Joe Coop, Van Horn Engineering and representative of the applicant, was
available for questions and spoke regarding the previous rezonings,
specifically in 2000, and it's impact on the owners, desire of the owners to
combine the lots into one parcel with one zone, building limitation due to
encroachments with lot lines, and that it was not the primary intent of all
owners to become vacation home licensees.
Gerald Mayo/Town citizen and Jim Doctor/Town citizen spoke in favor of the
ordinance citing long-term ownership in the condominium complex,
technology issues during the pre-application meeting, change in staff opinion
and support, inference that owners in this area would be willing to provide
workforce housing, the desires of the property owners, and the targeting of
short term rentals.
John Meissner/Town citizen spoke regarding the ex-parte communications
and requirements of the Board to recuse themselves if they received ex-parte
communications.
The Board discussed notification of the valley-wide rezoning to owners in
2000, whether the northern lot in question was in the floodplain, variance
Board of Trustees - July 9,2024 - Page 4
requirements of encroachments to build additions such as decks, the number
of owners interested in the rezoning, limits on short term rentals in residential
neighborhoods, the comprehensive plan reference to reduce the number of
short term rentals, restorative rezoning impacts, and staff's technical review of
planning applications. Mayor Hall closed the public hearing and it was moved
and seconded (Igel/Brown) to approve Ordinance 09-24, and it passed
unanimously.
It was moved and seconded (Igel/Hazelton) to extend the meeting past 10:00 p.m.,
and it passed with Mayor Pro Tem Cenac voting "No."
ACTION ITEMS:
1. QRDINAJMC^ 11 -24 AMENDING SECTION 5.20.110 OF THE ESTES PARK
MUNICIPAL CODE REGARDING BED AND BREAKFAST INNS. Mayor Hall
opened the public hearing and Town Clerk Williamson and Attorney Kramer
presented the Ordinance to amend the Municipal Code regarding bed & breakfast
inns (B&Bs). The Board began discussing amendments to the B&B regulations in
April 2023 with an initial moratorium established in May 2023 with the passage of
Ordinance 06-23. A subsequent 6-month moratorium and 3-month moratorium
were established by Ordinance 12-23 and 08-24 respectfully, the latter of which
would expire August 23, 2024. The Board previously directed staff to bring forward
an ordinance to align the B&B definition with the state and county definition,
require innkeepers to reside in the same unit as the B&B, require innkeeper
interaction with guests and be available within a 30-minute response time, require
breakfast be offered, not allow the transferability of new licenses, require a
drawing outlining areas used by guests, require a life safety inspection, define the
rental of sleeping areas, and provide a grace period for currently licensed B&Bs
to come into compliance. The proposed Ordinance would address and provide
clarifications on the previously listed requirements. In addition, it would define the
local representative for a B&B as the "innkeeper", cleanup language and small
types, and update the building code reference for life safety inspection
requirements.
Jim and Eunice Doctor/Town citizens and current B&B license holder stated
concerns with the proposed regulations and specifically with the requirement to
offer a cooked breakfast, the need to be on-site during rental operations, and the
need to interact with the guests. They stated previous renters have declined
meals and wanted their privacy in their separate rented space.
John Meissner/Town citizen voiced concerns regarding the enforceability of the
regulations and non-compliant properties currently operating.
The Board discussed notification to current B&B owners, the prohibition of
discounts for multiple rooms being rented to one party, enforcing room-by-room
rentals, opportunities for and received public comments, hosted short-term
rentals, and the offering of a breakfast. Mayor Hall closed the public hearing and
it was moved and seconded (Lancaster/Brown) to approve Ordinance 11-24
amending subsection g. to remove "and no discount or other enticement
for renting more than one room," and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. PROPOSED ELECTRIC RATE INCREASE. Director Bergsten presented the
proposed electric rate increase. The Town performs a financial rate study every
three years to ensure utility revenues and expenditures remain balanced. As
presented to the Board at the March 12, 2024 Study Session, due to
unprecedented increases in operations, staff proposes an overall rate increase of
5.0% starting October 2024, with rates for 2025 and 2026 brought forward
following a full cost-of-service analysis. He highlighted the rate study process and
distribution of utilities, weather impacts to presenting the rate increases, pressures
on utility rates, supply chain issues, partnerships, cost sharing, and smart
Board of Trustees - July 9,2024 - Page 5
metering. The public hearings for electric rate increases have been set for July 23,
2024 and August 13, 2024.
Whereupon Mayor Hall adjourned the meeting at 11:12 p.m.
Gary Hall, Mayor~
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J<fmberly Diskeyr-Recording Secretary