HomeMy WebLinkAboutMINUTES Town Board Study Session 03-28-2007 Town of Estes Park, Larimer County, Colorado, March 28, 2007
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of
the Town of Estes Park, Larimer County, Colorado. Meeting held at
Museum Meeting Room in said Town of Estes Park on the 28th day of
March, 2007.
Committee: Mayor Baudek, Trustees Blackhurst, Eisenlauer, Homeier,
Levine, Newsom and Pinkham
Attending: All
Also Attending: Town Attorney White, Administrator Repola, Director
Pickering, Director Joseph, Clerk Williamson
Absent: None
Mayor Baudek called the meeting to order at 12:00 p.m.
CML UPDATE
Sam Mamet/CML Executive Director reviewed current issues including CML
seminars/conferences, lodging tax of other Colorado Municipalities, funding of
transportation, Amendment 41, and eminent domain for Urban Renewal Authorities.
MARKETING DISTRICT
Senator Steve Johnson and Representative Don Marostica carried the Local Marketing
District (LMD) Amendment, Senate Bill 111, through the State Senate and House
respectively. The Town is awaiting Governor Ritter’s signature and a signing ceremony
has been requested by Senator Johnson. In the event the bill is signed, staff has
prepared the following draft schedule for implementing a marketing district:
Review of the formation/organization of LMD (May)
Conduct a phone survey (May/June)
Town/County to assess the formation/organization of the LMD (May/June)
Draft a proposed contract (IGA) between the Town and County (June)
Obtain signed petition of 51% (valuation) of commercial property owners -
(July/Dec)
Form a political action committee (Jan/Feb 2008)
Joint public hearing (March 2008)
Second joint public hearing (May 2008)
Adopt contract and order election (June 2008)
Committee to campaign for LMD (July/Nov 2008)
Election (Nov 2008)
Lodging tax begins (Jan 2009)
New marketing committee begins work (July 2009)
LMD funds begin (Jan 2010)
The Trustees requested staff provide additional information on the survey including
questions to be asked and length of the survey. The marketing district would be a
separate governmental entity with a Board that would collect sales tax on the furnishing
of lodging accommodations. This Board could be appointed by the Town Board. Staff
will review the Vail marketing district to determine how it was formed and has developed
over time.
VACATION HOMES
Administrator Repola reviewed the recent complaints received for one specific vacation
home rental, A Celtic Lady’s Mountain Retreat, and the need to address issues related
Town Board Study Session – March 28, 2007 – Page 2
to vacation rentals in residential neighborhoods. The Municipal Code and the
Development Code contain inconsistencies on vacation rentals, specifically Bed and
Breakfast. The Municipal code permits vacation rentals including B&B’s in all residential
zoning districts, whereas, the Development Code only allows them in RM and R-2
zoning districts. Seven strategies were discussed including the pros and cons: 1) do
nothing; 2) require that a vacation homes not provide any other business service; 3)
limit vacation home rentals to one party; 4) limit groups to no more than eight persons,
5) set minimum for length of stay; 6) strict interpretation and enforcement; 7) prohibit
vacation homes in all residential zoning districts.
Attorney White provided a historical background on the vacation rental industry in Estes
Park that began prior to the incorporation of the town. Business licensing and
regulation of the industry began in the late 80’s to address concerns raised by residents.
The issue has been regulated through the Municipal Code rather than the Development
Code due to grand-fathering requirements. He stated the recent concerns raised
should be addressed with clear definitions within the Municipal Code.
Discussion followed and is summarized: B&B’s should be considered if resident owner
operated, no other commercial or home occupations should be conducted at a vacation
rental, only one rental agreement should be allowed, clear definition of party, add
language to business license application that informs each applicant that compliance
with local covenants is required, how would minimum stay requirements affect local
businesses, violation notices should be sent to properties advertising accommodations
for more than 8, enforcement needs to be increased.
The following definition was recommended:
A vacation home rental property in a residential zoning district (RE-1, RE, E-1, E, R, R-
1, R-2 and R-M) is solely for the purpose of overnight accommodations for periods of
less than 30 days with one rental agreement. No other commercial uses and/or home
occupations are permitted. There shall be no on-sight management or employee.
Staff is proposing code enforcement be moved to the Police Department to provide 24/7
enforcement which would require hiring an additional police employee. This issue will
be discussed at the April Public Safety Committee meeting.
Staff will present modifications to the current language in the Municipal Code at the
Community Development meeting on April 5th.
FIRE DISTRICT
Administrator Repola reported staff has a meeting to discuss changes to the current
IGA with the County on Tuesday, April 3, 2007. The Town will propose the termination
of the Automatic Response Agreement; however, if the County is unable to provide fire
protection to the residents currently served by the Estes Park Fire Department, the
Town is willing to provide specific services contingent on an equitable arrangement to
offset the Town’s costs. Staff will report the outcome of this meeting at the April Public
Safety meeting.
There being no further business, Mayor Baudek adjourned the meeting at 3:50 p.m.
Jackie Williamson, Town Clerk