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HomeMy WebLinkAboutMINUTES Town Board 2021-09-14Town of Estes Park,Larimer County,Colorado,September 14,2021 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 and Virtually in said Town of Estes Park on the 14th day of September,2021. Present:Wendy Koenig,Mayor Patrick Martchink,Mayor Pro Tern Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Scott Webermeier Cindy You nglund Also Present:Travis Machalek,Town Administrator Jason Damweber,Assistant Town Administrator Dan Kramer,Town Attorney Jackie Williamson,Town Clerk Absent:None Mayor Koeing called the regular meeting to order at 7:00 p.m.and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION CONSTITUTION WEEK.Mayor Koenig recognized Constitution Week,September 17 —23,2021. AGENDA APPROVAL. It was moved and seconded (Cenac/Younglund)to approve the Agenda,and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized:A proclamation was presented to Nancy Almond in recognition oLl 5 years dedicated to early childhood in the Estes Valley;the Community and Family Advisory Board (CFAB)was unable to meet due to a lack of a quorum and further discussion on the structure and goals of the Board would be discussed;Visit Estes Park (Local Marketing District)approved their 2022 operating plan,moved offices to 1692 Big Thompson Avenue,purchasing visitor geo data and vacation home rental data from Destination Analyst to assist in marketing;the Larimer County Behavioral Health Policy Committee has allocated $2.5 million in impact funds to area organizations,including three organizations in Estes Park;Larimer County Commissioners approved $48 million to build a new mental health facility at Trilby/Taft with an opening date in May 2023;the Economic Development Corporation Board of Directors has an opening with Jim McGibney/Chair stepping down in December; CompPAC held a joint meeting with Town Board members and County Commissioners led by Logan Simpson,Town Administrator Machalek provided a presentation on the future direction of the Town at their regular meeting,and discuss on completing one joint Comprehensive Plan or two separate documents for the Town and unincorporated Larimer County;and a plea for individuals to get vaccinated for COVID-1 9. TOWN ADMINISTRATOR REPORT. Policy Governance Monitoring Report -Policy 3.8.Town Administrator Machalek presented his policy governance report for policies 3.8.He reported full compliance. Administrator Machalek stated there have been inquiries on the continuation of publicly held Board meetings.Discussion was heard amongst the Board and included the need to look at the current statistics,the number of individuals becoming sick from the Delta Board of Trustees —September 14,2021 —Page 2 variant that are vaccinated,requested Tom Gonzales/Larimer County Health Director to speak to the Board on at an upcoming meeting;discussion regarding mandating masks for indoors,and the need to increase testing-options and availability. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated August 24,2021 and Town Board Study Session Minutes dated August 24,2021. 3.Parks Advisory Board Minutes dated July 15,2021 (acknowledgement only). 4.Transportation Advisory Board Minutes dated June 16,2021 and July 21,2021 (acknowledgement only). 5.Authorize Letters of Support to the Colorado Housing Finance Authority for the Trail Ridge and Park Ridge Apartments Rehabilitation Projects. 6.Resolution 64-21 Fourth Amendment to the Larimer Emergency Telephone Authority Intergovernmental Agreement continuing the partnership to provide E91 I infrastructure and support. 7.Resolution 65-21 Grant Funding Application to the Colorado Department of Local Affairs for the Planning Grant Program. 8.Acceptance of Town Administrator Pohcy Governance Monitoring Report. It was moved and seconded (Cenac/Webermeier)to approve the Consent Agenda,and it passed unanimously. LIQUOR ITEMS: 1.LIQUOR SHOW CAUSE HEARING FOR GALEX LLC DEA CHELITOS MEXICAN RESTAURANT,145 E.ELKHORN AVENUE,HOTEL AND RESTAURANT LIQUOR LICENSE.Mayor Koenig adjourned the regular session of the Town Board meeting and convened the Board as the Liquor Licensing Authority for the Town of Estes Park.She opened the public hearing for the Show Cause Hearing and confirmed the licensee or their legal representative was not in attendance.The Town hired Kristin Brown/Special Prosecutor to represent the Town.Ms.Brown filed an Entry of Appearance with the Licensing Authority and requested a motion to continue the hearing to the October 12,2021 meeting.It was moved and seconded (Webermeier/Younglund)to continue the Show Cause Hearing for Galex LLC dba Chelitos Mexican Restaurant to October 12,2021,and it passed unanimously.Mayor Koenig adjourned the Liquor Licensing Authority and resumed théTegular Board of Trustees meeting. ACTION ITEMS: 1.RESOLUTION 67-21 TERMINATION OF 2004 DEVELOPMENT AGREEMENT FOR FALL RIVER VILLAGE,200 FILBEY COURT.Director Hunt stated the original PUD development in 2004 was approved to convert the mobile home development to a condominium development,including residential units.A development agreement was executed with the PUD which did not allow short- term rentals or allow the property to be used as a mobile home development.He stated the property was superseded in 2017 with a new subdivision plat and in 2018 a new PUD,Fall River Village II,was created to rezone the property to a mixed-use development.The new development allowed for short-term rentals of less than 30 days and the development of an event center.With the approval of the new PUD,staff finds no useful purpose or function for the previous development agreement. Trustee Younglund commented she would need additional information on the history of the property before considering the requres,and questioned the conversion of the entire proeprty toshort-term rentals.Staff stated a previous Board of Trustees —September 14,2021 —Page 3 Board approved the conversion of the property to short-term rentals with the approval of the Fall River Village II PUD in 2018. Greg Rosener/Town citizen stated the property owner made significant investment in the property based on the approval of the previous PUD in 2018.He spoke in favor of terminating the 2004 development agreement. It was moved and seconded (Webermeier/Bangs)to approve Resolution 67- 21,and it passed with Trustee Younglund voting “No”. 2.RESOLUTION 68-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #6 TO THE 2021 BUDGET.Director Hudson presented a supplemental budget appropriation to address transportation grant funded projects,the Museum annex foundation project,a vacation hothëlmpact fee study,and Trailblazer staffing reorganization.Public comment was heard from Scott Thompson/County citizen, Bob Fixter/Town citizen,Jeff Abbot/Town citizen,and Heidi Riedesel/County citizen questioning the need for the vacation home impact fee study and stating the data needed to complete said study could be provided by local realtors, property owners,and management companies.Board discussion was heard and summarized:the vacation home fee study would provide information and options for the Board to consider;the fee study would not implement a fee;further public review and discussion would be heard prior to the implementation of a fee;the need to identify the impact short-term rentals have on the availability of workforce housing;recognize there needs to be multiple funding sources to address the workforce housing issue;and a need to define workforce and the different needs for seasonal workforce versus long term workforce.After further discussion,it was moved and seconded (Webermeier/Younglund)to approve Resolution 68-21, and it passed unanimously. 3.RESOLUTION 66-21 CDOT AGREEMENT FOR FEDERAL TRANSIT ADMINISTRATION CRRSAA FUNDING TO SUPPORT ESTES TRANSIT (CDOT P0 #491002603).Manager Solesbee stated CDOT was awarded $78 million in Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) funding to assist Colorado rural public transportation providers during the COVID 19 pandemic.On February 5,2021,the Town received notification from CDOT that Estes Park’s CRRSAA allocation would be allocated $361,017.The funds would be used to support transit operation to prevent,prepare for,and respond to COVID-19;enhance access to health care,education,employment,etc.;assist in the maintenance,development,improvement and use of public transportation in our Transportation Planning Region (TPR);encourage and facilitate the most efficient use of all transportation funds;and encourage mobility management, employment-related transportation alternatives,joint development practices,and transit-oriented development.It was moved and seconded (Younglund/MacAlpine)to approve Resolution 66-21,and it passed unanimously. 4.2022 STRATEGIC PLAN ADOPTION.Town Administrator Machalek presented the 2022 Strategic Plan.He stated the Town received a number of specific requests/recommendations pertaining to solid waste management and recycling. After further discussion,it was moved and seconded (Webermeier/MacAlpine)to approve the 2022 Strategic Plan,and it passed unanimously. 5.POLICY 208 -NAMING OF TOWNOWNED PARKS,OPEN SPACES,AND FACILITIES.Town Administrator Machalek presented an updated policy to renumber the policy from 205 to 208,and developed two distinct processes for naming a facility versus naming a park/open space.It was moved and seconded (Younglund/Martchink)to approve Policy 208,and it passed unanimously. 6.ORDINANCE 12-21 AMENDING CHAPTER 10.06 OF THE ESTES PARK MUNICIPAL CODE REGARDING PAID PARKING.Manager Solesbee presented an ordinance to extended the “Local 30-Minute Permit”to a 60-minute permit for 2022.The change was recommended after a survey was conducted to receive Board of Trustees —September 14,2021 —Page 4 feedback in August from permit holder in 2021.It was moved and seconded (Cenac/Webermeier)to approve Ordinance 12-21,and it passed unanimously. Mayor Koenig called a 10-minute break at 8:55 p.m.and reconvened the meeting at 9:05 p.m. 7.ORDINANCE 13-21 AMENDING SECTION 5.20.110 OF THE ESTES PARK MUNICIPAL CODE REGARDING TRANSFER OF BUSINESS LICENSES FOR VACATION HOMES AND BED &BREAKFAST INNS.Town Clerk Williamson stated the Town Board at their August 24,2021 meeting requested staff bring forward options to consider limiting the transferability of vacation homes.Staff with Attorney Kramer presented Option A to limit the transferability of vacation homes licensed in 2017 after the effective date of Ordinance 29-16,or Option B to limit the transferability of vacation homes for any home licensed after the effective date of the proposed ordinance.Board discussion was heard and summarized:the Board questioned if the Board moved to approve Option A would the current owner have the option to transfer but all future owners would be limited;the current grandfathered properties would be able to transfer so long as the property continues to renew the license annually and transfers the property to a new owner per the code regulations;a decision on transferability should be delayed until the data from the impact fee study has been completed;stated concern with a commercial business operating on a residential zoning district and only paying residential property tax rates;and questioned if either option was adopted would it address those licenses being held byan owner that does not rent their property. Those speaking in opposition of the limiting transferability included Greg Rosener/Town citizen,Joe Gallagher/Town property owner,Nathan Welton/Town citizen,Bob Fixter/Town citizen,Jeff and Becky Robbins/Town citizen,Scott Thompson/County citizen,Richard Mulhern/Town citizen,and Heidi Riedesel/County citizen.Comments were heard on charging a larger transfer fee, raise the cap,to include properties on the waitlist as grandfathered for either option,Option B would be preferred if the Board were to move forward with limiting transferability,transferability was discussed and allowed with the formation of the ordinance in 2016. It was moved and seconded (MacAlpine/Webermeier)to continue the Town Board meeting past 10:00 p.m.to complete the agenda,and it passed unanimously. Donna Carlson/Executive Director of the Chamber commented the organization would be willing to aggregate the voices of their vacation home members and provide the Board with data. It was moved and seconded (Webermeier/Cenac)to continue the discussion of the Ordinance until the fee impact study has been completed and provided to the Board,and it failed with Mayor Koenig,Trustee Cenac and Trustee Webermeier voting “Yes”. It was moved and seconded (Martchink/Younglund)to approve Ordinance 13- 21 Option B,and it passed with Mayor Koenig and Trustee Cenac voting “No”. Whereupon Mayor Koenig adjourned the meeting at 10:36 J,kie Williamson,Town Clerk U