Loading...
HomeMy WebLinkAboutPACKET Town Board 2022-01-11The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 11, 2022 7:00 p.m. *TO BE HELD VIRTUALLY ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, January 11, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated December 14, 2021. 3. Joint Transportation Advisory Board and Shuttle Committee Minutes dated November 11, 2021 & Transportation Advisory Board Minutes dated November 17, 2021 (Acknowledgement only). 4. Parks Advisory Board Minutes dated November 18, 2021 (Acknowledgement only). 5. Estes Park Planning Commission Minutes dated November 16, 2021 (Acknowledgement only). Prepared 12-30-2022 *01-10-2022 Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 6.Comprehensive Plan Advisory Committee Minutes dated November 18, 2021 and December 2, 2021 (Acknowledgement only). 7.Reappointment of Vicki Papineau and Ronald Wilcocks to the Parks Advisory Board for terms expiring March 31, 2024. 8.Reappointment of Deborah Gibson to the Local Marketing District for a term expiring December 31, 2025. 9. Resolution 01-22 Public Posting Area Designation. 10. Resolution 05-22 Intergovernmental Agreement with the Department of Local Affairs to Conduct a Housing Needs Assessment and Draft a Housing Strategic Plan. 11. Resolution 06-22 Memorandum of Understanding with the Town of Estes Park Police Department and Larimer County Sheriff’s Office for Security at The Ranch Events Complex from January 1, 2022 through December 31, 2023. 12. Appointment of Javier Bernal and Kristen Ekeren to the Transportation Advisory Board for terms expiring March 31, 2024. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.ACTION ITEMS: A. ORDINANCE 18-21 AMENDING CHAPTERS 5 AND 13 OF THE ESTES PARK DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS (ADU). Planner Bergeron. Item continued from December 14, 2021. Proposed amendments would reduce remaining barriers to ADU development in residential zone districts to bolster free- market solutions to the housing shortage. ACTION ITEMS: 1.RESOLUTION 07-22 CONDOMINIUM MAP OF THE MEADOW CONDOMINIUMS AT WILDFIRE, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT. (Quasi- Judicial) Planner Woeber. 2.BALLOT QUESTIONS AND TABOR BALLOT ISSUE FOR THE 2022 MUNICIPAL ELECTION. Town Clerk Williamson. •Resolution 02-22 Whether to permit the publication of ordinances by title only. •Resolution 03-22 Whether to eliminate publication of bills. •Resolution 04-22 Whether the Town shall be authorized to maintain revenues. The ballot questions if approved would eliminate the publication of the full text of ordinances and bills. The ballot issue if approved would allow the Town to maintain revenues beyond TABOR limits. ADJOURN. * Page 2 To consider an application for a Condominium Map and review for compliance with the Estes Park Development Code. Town of Estes Park, Larimer County, Colorado, December 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 December, 2021. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy Younglund Scott Webermeier Also Present: Travis Machalek, Town Administrator, Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Bunny Victoria Beers, Deputy Town Clerk Absent: None. Mayor Koenig called the regular 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 (Webermeier/Cenac) to approve the Agenda as presented, and it passed unanimously. PUBLIC COMMENTS. Nancy Almond, Vice Chair of the Community and Family Advisory Board (CFAB), spoke regarding the uncertainty of CFAB, their charge, the outcome of discussions, and community issues which have been identified by CFAB. She stated CFAB members would attend a three-hour planning meeting and requested Board support, communication and clear direction. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The Police Auxiliary Annual Blue Santa program efforts benefited 95 residents; a summary of the December CFAB meeting was provided to the Board by the liaison; it was recommended and determined the Childcare Reserve Policy discussion would be scheduled in February; Visit Estes Park would be finalizing budget reporting and Suzie Blackhurst would be stepping down from the Board; Larimer County Behavioral Health held a groundbreaking celebration at the Mental Health facility where a time capsule was placed at the site; Platte River Power Authority welcomed two new members and continues progress on their goal of 100% renewable energy by 2030; the Economic Development Corporation (EDC) would be transitioning from an annual operating plan to a 5-year strategic plan in 2022; the Comprehensive Plan Advisory Committee heard presentations from members of the Upper Thompson Sanitation District and Estes Park Sanitation District regarding each facility operations, challenges, and future growth issues and regulations; the Estes Park High School Sustainability class held a workshop focusing on waste sources and exploring recycling production opportunities; and reminded citizens to get their COVID vaccine and encouraged face coverings. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek stated the Town continues participation in waste water testing for COVID and the OMICROM variant. November was the second deadliest month since the beginning of the pandemic in Larimer County. He stated at home tests are available and encouraged individuals at risk of getting very sick to speak with heath care providers or the Larimer County Health Department regarding eligibility for monoclonal antibody treatment. DRAFTPage 3 Board of Trustees – December 14, 2021 – Page 2 It was determined the Childcare Reserve Funding Policy discussion would be scheduled for February 8, 2022 and the Northern Water Inclusion Process discussion on February 22, 2022. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated November 23, 2021, Town Board Study Session Minutes dated November 23, 2021 and Special Town Board Study Session Minutes dated December 1, 2021. 3. Transportation Advisory Board Minutes dated October 20, 2021 (Acknowledgement only). 4. Parks Advisory Board Minutes dated October 21, 2021 (Acknowledgement only). 5. Resolution 84-21 Professional Services Contract Amendment Three with SAFEBuilt Colorado, LLC, for Renewal of Building Safety Services Contract, 2022. 6. Resolution 85-21 Extension of a Memorandum of Understanding with Headwaters Economics’ Community Planning Assistance for Wildfire (CPAW) Program. 7. Resolution 86-21 Amendment One to the CDOT Grant Agreement for One Battery- Electric Trolley & One Charging Station (CDOT PO #491001905). 8. Resolution 87-21 Agreement for Shared Use of the Larimer County Salt & Sand Storage Facility and Purchase of Salt and Sand. 9. Resolution 88-21 Officially Scheduling the Regular Municipal Election – April 5, 2022. It was moved and seconded (Webermeier/MacAlpine) to approve the Consent Agenda, and it passed unanimously. REPORT AND DISCUSSION ITEMS: (Outside Entities). 1. CLIMATE SMART LARIMER COUNTY INITIATIVE. Manager Heidi Pruess/Larimer County provided an overview of the Climate Smart Initiative. She discussed the makeup of the plan, partners involved, community outreach and timeline. She stated the importance of collaboration between the County and municipalities on plans and efforts to amplify impacts. She promoted the Larimer County Climate Smart website page and encouraged participation in the questionnaire. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 18-21 AMENDING CHAPTERS 5 AND 13 OF THE ESTES PARK DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS (ADU). Mayor Koenig opened the public hearing. Staff provided a presentation regarding the amendments. Staff stated the demand for long-term housing in Estes Park exceeds supply. ADUs are currently permitted in all single family zone districts except R-1. Staff recommended amendments to reduce remaining barriers to ADU development in residential zone districts. The proposed text amendments included the following changes: To permit ADUs in the R-1 Residential zone district; clarify additional requirements; adjust ADU size limis; modify rental regulations; clarify home occupation standards; strike certain provisions; update table references and add new requirements for ADUs and updates to definitions. Staff highlighted code language which would not allow ADU use for mobile homes, recreational vehicles or travel trailers. Planner Bergeron stated tiny homes have not been adopted by the Town and DRAFTPage 4 Board of Trustees – December 14, 2021 – Page 3 are distinct from ADUs. He stressed the limit on tenancy which would not allow ADUs to be utilized as a short-term rental or vacation home. Board questions have been summarized: Clarification was requested on utility metering or split metering and maximum occupancy; what options are available regarding legal non-conforming properties or properties below the minimum lot size, including special review or conditional use permits; how on-street parking limitations would affect parking requirements; clarification was requested on the Town’s position on private covenant limitations of ADUs; whether the primary residence would be allowed to operate as a vacation home; and concerns were heard related to allowed occupancy and impacts to the number of cars parked on the street and lack of sidewalks in neighborhoods. Public comment in favor of the amendments were heard from Matt Heiser/Town citizen and downtown business and property owner, Adam Shake/EDC President and CEO, Naomi Hawf/Executive Director of the Estes Park Housing Authority, Frank Their/County resident, and Kent Smith/Town citizen. Comments have been highlighted: Opportunity to address housing needs and increase job and income opportunities; ADUs allow individuals to establish residency; and the importance of limiting occupancy to address Board and community concerns. Richard Ralph/Town citizen stated concern for issues which where not identified in the review by the Estes Park Planning Commission and requested the Board table or deny the ordinance. It was moved and seconded (Martchink/Webermeier) to continue Ordinance 18-21 to the next regular scheduled meeting to allow staff more time to address occupancy limits from eight unrelated individuals to four unrelated individuals, to address parking restrictions or requirements for one parking space per bedroom, and determine a conditional use permit or special review process for legal non-conforming properties which feel they could serve the community by offering ADU availability for review by staff considering the most cost effective path forward for those individuals, and it passed unanimously. ACTION ITEMS: 1. CAPITAL IMPROVEMENTS PLAN 2022-2026. Director Hudson presented the 2022-2026 Capital Improvements Plan (CIP) which provides guidance to the Board, staff and the citizens on upcoming projects and funding needs and requested formal adoption. There being no further discussion, it was moved and seconded (Webermeier/Younglund) to approve the Capital Improvements Plan for the years 2022-2026, and it passed unanimously. 2. RESOLUTION 82-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #7 TO THE 2021 BUDGET. Director Hudson presented the resolution to amend the 2021 budget to increase the General Fund. It was moved and seconded (Martchink/MacAlpine) to approve Resolution 82-21 Supplemental Budget Appropriations #7 to the 2021 Budget, and it passed unanimously. REPORT AND DISCUSSION ITEMS: 1. 179 STANLEY CIRCLE PROPERTY. Assistant Town Administrator Damweber provided an overview of items and issues for Board consideration related to the potential use of Town-owned property, 179 Stanley Circle as a space for childcare. Highlights of the overview included: The location abuts Federal property; a residential dwelling exists on the property, currently used for Town employee housing; zoned E-Estate which would allow a “daycare” facility as primary use only and not as an accessory use to the residential component; access, traffic and parking issues may need to be addresses as part of any development depending on the change in use, and to consider two pending workforce housing developments which are anticipated to incorporate childcare. DRAFTPage 5 Board of Trustees – December 14, 2021 – Page 4 Staff encouraged the Board to consider the following: utilizing the property for both childcare and workforce housing; any childcare facility should address infant/toddler care needs; costly repairs to the building would be better served toward demolition and rebuilding; and any alterations to the property would require a significant amount of staff time or hiring of a third-party which has not been budgeted for 2022. Board direction was requested. Laurie Dale Marshall/Executive Director of the Estes Valley Investment in Childhood Success (EVICS) commended the Boards efforts to review potential options and offered EVICS to assist in research needs. It was moved and seconded (MacAlpine/Martchink) to continue the meeting past 10:00 p.m., and it passed unanimously. Board discussion ensued and has been summarized: Whether the property would require updating for workforce housing or childcare use; whether the property has always been used for Town housing and impacts to staff if repurposed; identifying the Town’s role and staff expectations; estimated cost for addressing needs or development of the property; timeline for the project; if a childcare facility was built who would own the building; whether staff has contacted the state for additional input on childcare regulations and/or funding opportunities; requested more information related to implications of changing zoning; importance of rezoning legally and maximize buildout; determine options to renovate the property for a childcare facility; and concern regarding the proximity of a childcare facility near high powered transmission lines. Staff noted, funding from the American Rescue Plan Act may be available to help fund the project as long as the project includes a workforce housing component. Staff would bring options forward for Board consideration following the Childcare Reserve Funding policy discussion in February 2022. Whereupon Mayor Koenig adjourned the meeting at 10:05 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Deputy Town Clerk DRAFTPage 6 Town of Estes Park, Larimer County, Colorado, November 11, 2021 Minutes of a Joint meeting of the TRANSPORTATION ADVISORY BOARD AND THE SHUTTLE COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes Park on the 11th day of November, 2021. Board: Chair Morris, Vice Chair Street, Members Finley, Gamble, Hanick, Moulton, and Slack Attending: Chair Morris, Vice Chair Street, Members Finley, Gamble, Hanick, Moulton, Slack, Director Muhonen, Manager Solesbee, Shuttle Committee members Franker, Moore, Salerno, Swanlund, and Wells and Deputy Town Clerk Beers Absent: Trustee Bangs, Shuttle Committee members Arnold, Lloyd, Pieper and Hannon Chair Morris called the meeting to order at 1:06 p.m. WELCOME & INTRODUCTIONS. Members of the Transportation Advisory Board (TAB), the Shuttle Committee and additional community organization members were introduced. PUBLIC COMMENT. None. MEETING PURPOSE & GOALS. Meeting purpose and goals was reviewed. Manager Solesbee discussed transitioning transit work from project and initiative driven to strategic and visionary, while continuing Board, Committee and Community engagement with meaningful operational refinements. Goals included gauge interest in pursuing a multimodal transportation master plan, review 2021-2022 winter trolley service details, collect feedback on 2021 summer service, brainstorm 2022 priorities, and discuss interest in reinstating service to the YMCA of the Rockies. STRATEGIC VISION FOR TRANSIT. Manager Solesbee would gather information to develop a 2022 plan which builds a vision for transit by refining visitor access and shuttle operations, funding options, identifying customers and optimizing routes. 2022 would include pursuits of grant funding for a multimodal transportation plan. A consultant would be hired in 2023 to develop the plan and identify funding needs and sources. Plan implementation would begin in 2024. Comments have been summarized: Appreciation for a multi-year plan; it was recommended staff hold a visioning session to layout the framework for the plan; support was voiced for long range planning which incorporates year-round service and to consider branding the shuttle services to increase ridership. It was determined a brainstorming session would be held in the Spring of 2022. Director Muhonen pointed out the importance of incorporating the Comprehensive Plan into the planning process for transit and recommended findings from the brainstorming session be included in the RFP for a consultant. WINTER TROLLEY SERVICE. The piloted Winter Service operation in 2020-2021 was in operation a single day per week (Wednesday) on a fixed route from 2:00-5:00 p.m. Staff stated service resulted in low ridership, however service was meaningful for regular patrons. A survey was conducted in the Fall of 2021 to determine interest in 2021 winter service which resulted in 64 responses with mixed results and no clear preferences. Member Slack noted the pilot program low ridership numbers could have been a result of COVID-19 impacts. Staff recommended continuing the winter shuttle pilot through 2022 and solicited feedback. 2021-2022 service recommendations have been summarized: Consider coordinating with other shuttle services to co-promote transit opportunities; to expand weekend service Page 7 Transportation Advisory Board – November 11, 2021 – Page 2 beginning at noon on Friday; determine options to incentivize visitors to utilize designated parking locations with trolley service; incorporate seven-day service with a combination of fixed route; shortening the window of service time on Sunday and options for on- demand service. Concerns and frustration were voiced regarding trolley drivers failing to stop if there are no patrons at designated stops. An additional electric trolly would be incorporated into services in February 2022. 2022 SUMMER TRANSIT SERVICE. Discussion ensued regarding feedback on 2021 summer transit service and has been summarized: Determine methods for messaging in the plaza near the parking garage for free shuttle service opportunities; incorporate wayfinding kiosks; increase communication from transit operation to the Visitor Center regarding operations to smooth customer interactions; require shuttle drivers stop at each stop consistently; consider changing the name of the parking garage and partner with lodging and business owners to provide information to guests on transportation services offered. A brief discussion was held regarding the potential implementation of the YMCA Brown Express Route which would be continued due to time constraints. WRAP-UP & NEXT STEPS. Due to time constraints discussion on 2022 summer transit service priorities would be continued to the regular scheduled TAB meeting on Wednesday, November 17, 2021 to accept comments from Shuttle Committee members on the proposal for a Brown route. There being no further business, Chair Morris adjourned the meeting at 2:30 p.m. Bunny Victoria Beers, Deputy Town Clerk Page 8 Town of Estes Park, Larimer County, Colorado, November 17, 2021 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes Park on the 17th day of November, 2021. Board: Chair Morris, Vice Chair Street, Members Finley, Gamble, Hanick, Moulton, and Slack Attending: Chair Morris, Members Gamble, Hanick, Moulton, Slack, Director Muhonen, Manager Solesbee, Manager Hook, Administrative Assistant McDonald, and Recording Secretary Disney Absent: Vice Chair Street and Member Finley Chair Morris called the meeting to order at 12:00 p.m. PUBLIC COMMENT. None. TRUSTEE LIAISON UPDATE. None. APPROVAL OF MINUTES DATED OCTOBER 20, 2021. It was moved and seconded (Gamble/Slack) to approve the October 20, 2021, meeting minutes, and the motion passed unanimously. ENGINEERING UPDATES. Manager Hook provided engineering updates on sign adjustments for the Graves Avenue project; feedback on parks and wildlife for the Fall River Trail project; sidewalk repairs on West Elkhorn Avenue, Community Drive, and Rockwell Street; updates to Trails Master Plan, which would be presented to the Board in December 2021; traffic counts; pedestrian bridge repair negotiations; and downtown sidewalk trip hazards. The Board discussed the inclusion of the Park R-3 School District for Trails Master Plan updates. PROJECT/ADMINISTRATION UPDATES. Director Muhonen provided project and administration updates on a collaborative opportunity for regional transit projects as a result of the failed Larimer County 2019 sales tax initiative. The Board discussed whether they should provide support for CDOT investment funds and the pedestrian light at the MacGregor/Wonderview roundabout. PARKING & TRANSIT UPDATES. Manager Solesbee provided parking & transit updates on the Joint Transportation Advisory Board and Shuttle Committee meeting held November 11, 2021; the potential reimplementation of the YMCA Brown Express route; paid parking Wi-Fi extensions and increased pay stations; management confusion of the private parking lot by Ed’s Cantina; and results of the CDOT Needs survey. The Board discussed the YMCA Brown Express route; fostering community; the Water Service Agreement between the Town and YMCA of the Rockies; a task force for addressing parking issues; and paid parking. 2022 COMPREHENSIVE PLAN. Director Garner provided an update on the 2022 Comprehensive Plan and highlighted the structure of the Comprehensive Plan; the difference between the plan and the development code, the Comprehensive Plan Advisory Committee; the Board providing input for the 2022 Comprehensive Plan; the Plan’s website; and establishing a shared vision. Director Garner had the Board participate in a visioning session in which the Board identified proximity to wildlife and nature, multi-modal transportation, access to the community, dark skies lighting, and safety as important features of Estes Park. The Board discussed further input opportunities and next steps of the plan. Page 9 Transportation Advisory Board – November 17, 2021 – Page 2 OTHER BUSINESS. None. There being no further business, Chair Morris adjourned the meeting at 1:53 p.m. Kimberly Disney, Recording Secretary Page 10 Town of Estes Park, Larimer County, Colorado, November 18, 2021 Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 18th day of October, 2021. Board: Chair Elliot, Vice Chair Poggenpohl, Members Berry, Nelson-Hazelton, Papineau, and Wilcocks Attending: Chair Elliot, Vice Chair Poggenpohl, Members Berry, Nelson-Hazelton, Papineau, Trustee Cenac, Manager McEachern, Administrative Assistant McDonald and Recording Secretary Disney Absent: Member Wilcocks Chair Elliot called the meeting to order at 8:33 a.m. and Leilani McDonald, the new Public Works Administrative Assistant was introduced to the Board. PUBLIC COMMENT. None. TRUSTEE LIAISON UPDATES. Trustee Cenac commented on the November 23, 2021 Town Board Study Session meeting regarding Arts in Public Places (AIPP) and stated increased knowledge of the Parks Advisory Board’s perspective on AIPP would be effective. APPROVAL OF MINUTES DATED OCTOBER 21, 2021. It was moved and seconded (Nelson-Hazelton/Poggenpohl) to approve the October 21, 2021 meeting minutes, and it passed unanimously. TOWN BOARD STUDY SESSION ARTS IN PUBLIC PLACES AND ARTS MASTER PLAN. Chair Elliot stated the Town Board has requested Parks Advisory Board attend a Town Board Study Session in January or February 2022 to discuss the AIPP and requested Board members be present, both Vice Chair Poggenpohl and Member Nelson-Hazelton would attend as representatives of the Board and stated their preference for January 11, 2022. ARTS IN PUBLIC PLACES ANNUAL REVIEW. Chair Elliot presented the annual review of the AIPP and requested Board members review the guidelines and provide input. Vice-Chair Poggenpohl requested Supervisor Berg provide a synopsis of 2021 projects already completed. Additionally, staff requested the Board review Section D: Regular Maintenance of the Maintenance Guidelines for Works of Art in regards to the Parks division responsibilities. WOMAN’S HERITAGE PLAZA PROPOSAL. Chair Elliot presented the request which was submitted to the Town for a formal name change of the Children’s Park to the Women’s Heritage Plaza. Continued updates would be provided by Member Wilcocks. The Board discussed inclusion of a list of women whom resided in Estes Park during the 100-year mark. THUMB OPEN SPACE AND STAKEHOLDERS MEETING. Vice-Chair Poggenpohl provided updates on the Thumb Open Space and Stakeholders meeting. He highlighted work on the drafted management plan which would be reviewed by the community prior to presentation to the Town Board at a future study session. Chair Elliot confirmed the drafted plan would be reviewed by the PAB prior to the Town Board presentation. Page 11 Parks Advisory Board – November 18, 2021 – Page 2 OTHER BUSINESS. Elections for the Chair position would be held in December 2021, and Chair Elliot requested the Board review their interest in being elected Chair. It was confirmed the terms of members Wilcocks and Papineau would expire December 31, 2021. Member Papineau stated Visit Estes Park would no longer publish a visitation guide, and this would be done by Vacationland, a private company. It was determined Member Nelson-Hazelton would work in cooperation with Vacationland for updates of outdated information. Additionally, Member Papineau stated the Visitor Center Ambassadors donated funds to the Big Thompson River Recreational and Picnic area. There being no further business, Chair Elliot adjourned the meeting at 9:03 a.m. Kimberly Disney, Recording Secretary Page 12 Town of Estes Park, Larimer County, Colorado, November 16, 2021 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 16 day of November 2021. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Janene Centurione. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Elkins, Commissioner Hanson, Director Jessica Garner, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Recording Secretary Karin Swanlund, Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Commissioner Elkins joined the meeting at 1:40 p.m. Chair Comstock called the meeting to order at 1:30 p.m. Also attending was Mike Scholl, Ayres Associates consultant. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 4-0. ACTION ITEMS 1. RE-1 Code Amendment RMNP will move forward with a disconnection request (aka "de-annexation") for lots zoned RE-1. Director Garner requested a continuance of the Code Amendment to December or January. Only one parcel will be affected by this change following the disconnection; it is Town-owned and contains a water tank. It will be rezoned to R-2. It was moved and seconded (Hanson/Heiser) to continue this item to a date uncertain. The motion passed 4-0. 2. Minor Subdivision, 325 James St. This plat is for a three-lot subdivision (two developed, one vacant). The owner/ developer is currently ironing out water and sewer hookup details. Staff requested a continuance to December 21, 2021. It was moved and seconded (Heiser/Hanson) to continue this item to December 21. The motion passed 4-0. 3. Accessory Dwelling Unit (ADU) Code Amendment Planner II Bergeron explained that in response to increasing housing needs, the proposed code amendment enables the development of new residential units through a free-market approach in which property owners seeking to build an ADU on their property would more likely be able to. This change is part of a greater range of housing solutions proposed to address the local housing shortage. ADU's are currently allowed in all but one single-family zone district. After providing a detailed overview of the proposed changes to the Code, Planner Bergeron addressed some of the public comments received and sought to clarify some of the concerns. He emphasized that realistically the impacts on density and parking are expected to be much less significant Page 13 Planning Commission – November 16, 2021 – Page 2 than some in the community fear. He argued that this code change does not constitute a rezoning (single-family use and accessory uses [including ADUs] are uses by right). Furthermore, ADUs are expensive to develop, so further development will likely not be as significant as some community members fear. He noted that some HOAs have covenants that prohibit the development of an ADU. Discussion on ADUs x Chair Comstock asked Planner Bergeron to walk through home occupancy changes once more. x Trustee MacAlpine asked for a ballpark of the number of ADUs in Estes Park. No specific estimate was provided, though Director Garner said that the Chief Building Official had not seen any permits for ADUs in the last few years. x Trustee MacAlpine asked if building permits are required, which they are. x Trustee MacAlpine asked about street width in Estes Park and whether most streets allow for on-street parking. No specifics were given, but it was noted that Public Works is the resource for this data, and there are no proposals to restrict street parking where it is allowed now with ADUs or expand it to new areas. x Commissioner Hanson asked if ADU owners will have to register as having built one (no-that is tracked through the building permit process), or if there is a specific permit for ADUs (no, though Planner Bergeron screens all building permits to identify if interior remodels constitute an ADU, for example). Planner Bergeron also discussed the second kitchen affidavit already in place. x Vice-Chair Heiser asked for clarification about off-street parking regulations, pointing to 5.2.a.3 and 7.11 parking standards. Planner Bergeron responded that since ADUs are accessory uses, they do not require the two off-street parking spots. Two is the total requirement per residentially zoned lot as associated with the primary use. Further discussion was had, with Commissioner Hanson mentioning that four off-street parking spaces are not necessarily desirable. x Chair Comstock asked Attorney Kramer's input about code interpretations regarding parking. Attorney Kramer said that it is up to Community Development Director to make code interpretations and that he is happy to help clarify the code if needed. He noted that if the Commission has an opinion on off-street parking, it should be made part of the recommended conditions for approval. x Finally, Vice-Chair Heiser noted that this had been an initiative twice in recent history before the EVDC. He emphasized that not all comments have been in opposition, that this split is around 75-25. He takes his responsibility seriously and listens to the community's words. Public Comment Rick Ralph, 395 Parkview Lane, urged the Commission to vote no, as the code amendment doesn't address the community's objections. He emphasized that while overall impacts on density will be minor, neighbors will significantly feel it. He notes "overwhelming opposition." It was moved and seconded (Heiser/Elkins) to recommend approval of the ADU code amendment to the Town Board, citing staff findings. In the motion, the Planning Commission recommended staff consider adding code language to Chapter 5, which requires one off-street parking spot per ADU, in addition to the two off-street parking spots per residential lot. The motion passed 5-0. DISCUSSION ITEMS Mike Scholl, Ayres Associates, discussed "Missing Middle Housing." This subject promotes medium-density residential housing by blending with single-family housing. Form-Based code was discussed, explaining it as a regulation, not a mere guideline, that offers flexibility and alternatives to conventional zoning regulation. This could be integrated into the Development Code and Comprehensive Plan. The Commission expressed interest in researching this further. Director Garner stated that applying Page 14 Planning Commission – November 16, 2021 – Page 3 hybridized zoning districts now allows for tweaking at the Development Code update stage. Pictures and stories will help the public understand this new format. A 5-minute break was taken at 3:48 The Comprehensive Plan is moving along, with numerous public speaking engagements and "Meeting in a Box" materials available for hosting a visioning session. Director Garner reviewed the Strategic Plan for the Town. Included in this plan is interest in Solar Incentives, which will be a priority in the future. Chair Comstock stated that it is vital that the Planning Commission reinforces what the Strategic Plan encompasses. Director Garner suggested a quarterly review of the Strategic Plan to keep on track. Planner II Bergeron gave an update on the Community Planning Assistance for Wildfire (CPAW). Headwaters Economics reviews model code language relating to landscaping, adaptation and mitigation priorities, and an updated wildfire map. Draft recommendations will be available soon. There being no further business, Chair Comstock adjourned the meeting at 4:10 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary Page 15 Page 16 Town of Estes Park, Larimer County, Colorado, November 18, 2021 Minutes of a Regular meeting of the Comprehensive Plan Advisory Committee of the Town of Estes Park, Larimer County, Colorado. Meeting held via ZOOM in said Town of Estes Park on November 18, 2021. Committee: Chair Matthew Heiser, Vice-Chair Bob Leavitt, Members David Bangs, Eric Blackhurst, Kirby Nelson-Hazelton, John Schnipkoweit, Frank Theis, Karen Thompson, Rose Truman, David Wolf, David Shirk, Matt Comstock Also Attending: Community Development Director Jessica Garner, Trustee Barbara MacAlpine, Recording Secretary Karin Swanlund Absent: Comstock Chair Heiser called the meeting to order at 9:00 a.m. APPROVAL OF AGENDA: The motion passed with a visual thumbs-up vote. PUBLIC COMMENT. None CONSENT AGENDA: Approval of Minutes from October 21, 2021 It was moved and seconded (Leavitt/Bangs) to approve the minutes. The motion passed with a visual thumbs-up vote. GUEST SPEAKERS (discussion and comments summarized) Cato Kraft, Estes Park Nonprofit Resource Center Director, discussed the who/what/why of the EPNRC. The Estes Valley nonprofit sector contains over 90 organizations that the EPNRC oversees. She urged CompPac to include the needs of the nonprofit entities in the Comprehensive Plan. Long-term goals include having a defined role in nonprofit development. Member Blackhurst reminded the Committee that the nonprofits help the community consistently, not just in times of disasters. A strategic plan was done in 2021 but not inclusive of the whole sector of nonprofits. It was asked that that plan be shared with CompPac. Innovative and authentic ways to engage visitors have been discussed. EPNONPROFIT.ORG contains the entire list of nonprofits in the Valley. Reuben Bergsten, Director, Power and Communication, and Chris Eshelman, Water Superintendent, Town of Estes Park, spoke about water rights in the Estes Valley. Improvement and increased water rights are continuously ongoing. Over 500,000 million gallons of water are out-put into the system per year. Collaboration with the YMCA water is a “fee in lieu” to create a win-win situation. Water is a business, and when the community is bigger, the community gains. If the town water department requires it, land must be annexed. Water rates continue to increase every year, with Estes Park being the second-highest in northern Colorado. Other environmental issues (floods, fire, drought, algae bloom) pose problems to the water system. Multiple water sources to one facility make us less affected by crises. Higher density equals higher use per pipe. The current Master Plan guides the density, the Comp Plan and Town Board guide the future of water rights. The selling of water rights is a possibility but requires a lot of planning and economic forethought. BLM operates two hydro generation plants spun by water. We get a portion of the electricity generated by these plants. Alternative electric sources, such as solar, are not sustainable without dispatchable distributed energy resources (DER) because they are intermittent. Electricity has the lowest shelf life of anything on earth; it must be used as it is generated. The quest is for a “better battery.” It is a challenge to meet the desires of Page 17 CompPAC – Nov 18, 2021 – Page 2 the community while maintaining reliability and affordability. To quote former town attorney Greg White, “if Estes Park has a water problem, entire Eastern Colorado has a water problem.” All new developments must put power lines underground. Due to maintenance and repair costs, covered spacer tree cables are a solution to existing bare wires. It is critical to make sure the best decisions are being made for the community. Economically, Broadband has dramatically helped the community. Platt River Power Authority built a fiber line to Estes Park years ago, providing redundant fiber, giving us the stability needed to stay “on-line.” Before installing Broadband, the affected property owner must agree to the installation, which can cause legal problems. It was requested that more CompPac time be devoted to electricity and Broadband at a later meeting. OTHER Thanks were given to Mike Kennedy, who resigned his seat on CompPac effective November 1. Frank Theis has been assigned to take his position as a non-voting member and will be approved by the Town Board at the November 23 meeting. Director Garner spoke on the “Meeting in a Box” kit, available at engageestes.org, requesting the Committee use this to get the word out and get a vision from the public regarding the Comprehensive Plan. Speaking at the next meeting will be both Sanitation Districts. Advance questions would be helpful. There being no further business, Chair Heiser adjourned the meeting at 11:10 a.m. Karin Swanlund, Recording Secretary Page 18 Town of Estes Park, Larimer County, Colorado, December 2, 2021 Minutes of a Regular meeting of the Comprehensive Plan Advisory Committee of the Town of Estes Park, Larimer County, Colorado. Meeting held via ZOOM in said Town of Estes Park on December 2, 2021. Committee: Chair Matthew Heiser, Vice-Chair Bob Leavitt, Members David Bangs, Eric Blackhurst, Kirby Nelson-Hazelton, John Schnipkoweit, Frank Theis, Karen Thompson, Rose Truman, David Wolf, David Shirk, Matt Comstock Also Attending: Community Development Director Jessica Garner, Larimer County Community Development Director Lesli Ellis, Trustee Barbara MacAlpine, Recording Secretary Karin Swanlund Absent: Truman Chair Heiser called the meeting to order at 9:00 a.m. APPROVAL OF AGENDA: The motion passed with a visual thumbs-up vote. PUBLIC COMMENT. None CONSENT AGENDA: Approval of Minutes from November 18, 2021 It was moved and seconded (Leavitt/Bangs) to approve the minutes. The motion passed with a visual thumbs-up vote. GUEST SPEAKERS (discussion and comments summarized) Jim Duell, District Manager, Estes Park Sanitation, spoke on the existing facility, currently at 55% of capacity with use approximately 50% commercial 50% residential. The biological demand is higher in commercial. EP San is not seeing vast amounts of growth but can send overflow to Upper Thompson, which has happened a few times. Chris Bieker, District Manager, Upper Thompson Sanitation, noted that revenue collected is reinvested back into the wastewater system. It was formed in 1971 to protect the water quality of the Big Thompson River. Ninety-six miles of collection systems follow the river drainages. Studies show a potential build-out of 4 million gallons per day by 2040, with a projected population double that of today. The 50-year-old infrastructure is failing and will need to be replaced. Future improvements are planned for 2023-2025, which will allow for state-of-the-art capture of all flow, with a cost of around 70 million dollars and partnering with the town to get the water main connected. Forward-thinking and reactionary are important, and sanitation is doing an excellent job of that. Both Jim and Chris answered numerous questions from the committee. OTHER The December 16 meeting will be a joint meeting with the Estes Valley Planning Committee. Member Theis is planning a visioning meeting with the North End Property Owners. There being no further business, Chair Heiser adjourned the meeting at 10:45 a.m. Karin Swanlund, Recording Secretary Page 19    Page 20 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: January 11, 2022 RE: Reappointment of Vicki Papineau and Ronald Wilcocks to the Parks Advisory Board for terms expiring March 31, 2024 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the recommended reappointments of Vicki Papineau and Ronald Wilcocks to the Parks Advisory Board. Present Situation: The terms of Vicki Papineau and Ronald Wilcocks expired December 31, 2021 and the Clerk’s Office advertised for the positions on the Board. Applications were received from both Vicki Papineau and Ronald Wilcocks for reappointment. Proposal: After consulting with the Town Board liaison, Trustee Cenac, applications are being submitted to the Board for consideration of the reappointment of Vicki Papineau and Ronald Wilcocks for three-year terms expiring March 31, 2024. Vicki has served on the Parks Advisory Board since 2015 and Ronald has served since 2019. Advantages: Provides continuity on the Parks Advisory Board and would assist in completing the seven-member board. Disadvantages: If the reappointments are not made, the positions would remain vacant until the positions could be re-advertised and interviews conducted. Action Recommended: Reappoint Vicki Papineau and Ronald Wilcocks to the Parks Advisory Board for three- year terms expiring March 31, 2024. Page 21 Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the reappointment of Vicki Papineau and Ronald Wilcocks to the Parks Advisory Board for three-year terms expiring March 31, 2024. Attachments: None. Page 22 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: January 11, 2022 RE: Reappointment of Deborah Gibson to the Local Marketing District for a term expiring December 31, 2025 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the reappointment of Deborah Gibson to the Local Marketing District. Present Situation: The term of Deborah Gibson expired December 31, 2021 and the Town Clerk’s Office advertised for the open position on the Board of Directors. An application was received from Deborah Gibson for reappointment. Proposal: The application is being submitted to the Board to consider the reappointment of Deborah Gibson to a four-year term expiring December 31, 2025. Deborah Gibson acts as the General Manager for Rams Horn Village Resort and has been a member of the Local Marketing District Board of Directors since 2018. Advantages: Provides continuity on the Board of Directors and would assist in completing the seven- member board. Disadvantages: If the reappointment is not made, the positions would remain vacant until the positions could be re-advertised and interviews conducted. Action Recommended: Reappoint Deborah Gibson to the Local Marketing District for a four-year term expiring December 31, 2025. Page 23 Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the reappointment of Deborah Gibson to the Local Marketing District for a four-year term expiring December 31, 2025 Attachments: None. Page 24 RESOLUTION 01-22 PUBLIC POSTING AREA DESIGNATION WHEREAS, section 24-6-402(2)(c) of the Colorado Revised Statutes requires a municipality to designate a public place to post notices of its meetings, and encourages the posting place to be on a public website of the Town; and WHEREAS, the Town designates www.estes.org/boardsandmeetings of the Town’s website as the public place for Posting Notices of Town Meetings through this Resolution 01-22; and WHEREAS, admittance to Town Hall remains limited due to COVID-19; and WHEREAS, in the event of an internet outage, the Town designates the main entrance to Town Hall as the Public Place for Posting Notices of Town Meetings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the page www.estes.org/boardsandmeetings of the Town’s website is hereby designated as the Public Place for Posting Notices of Town Meetings. In the event the Town is unable to post a notice online in exigent or emergency circumstances such as a power outage or an interruption in internet service that prevents the public from accessing the notice online, notices may be posted at the main entrance of Town Hall, located at 170 MacGregor Avenue, Estes Park, Colorado. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 25    Page 26 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Christy Crosser, Grant Specialist Date: January 11, 2022 RE: Resolution 05-22 An Intergovernmental Agreement with the Department of Local Affairs to Conduct a Housing Needs Assessment and Daft a Housing Strategic Plan (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Staff seeks Town Board approval for an Intergovernmental Agreement (IGA) with the Division of Local Government (DLG), Colorado Department of Local Affairs (DOLA) for funds to support a Housing Needs Assessment and Housing Strategic Plan. These funds are provided through HB21-1271 as part of the Innovative Affordable Housing Strategies Planning Grant Program. Present Situation: The most recent Housing Needs Assessment was conducted in 2016. The results provided useful and important information but are now outdated. To that end, it is timely for the Town, in partnership with the Estes Park Housing Authority, to again conduct a Housing Needs Assessment. The timing for this assessment is especially critical considering funding opportunities that are becoming available, and because of our desire to continually assess the needs and opportunities for housing in our community. The need for housing in the Estes Valley has been identified for several decades and has only become more significant with the population growth of Northern Colorado and the increase in the number of visitors to our community. The lack of available and affordable housing options impacts our ability to recruit permanent and seasonal workforce which has a cascading effect on the livability and sustainability of the Estes Valley. Proposal: The Housing Needs Assessment will provide information on housing and the impact of tourism, migration, commuting, the absorption of recent development, increased Page 27 population of various cultures (Spanish-speaking mostly), and COVID-19 impacts to local small businesses and organizations. The results from this assessment will be used to develop a Housing Strategic Plan that will help guide the community in the future to meet housing demands. Advantages: x The timing of this needs assessment will complement other current and completed studies and assessments including the Comprehensive Plan, Downtown Plan, 2016 Housing Needs Assessment, Town Board Strategic Plan, and others. x Approving this IGA and completing this assessment will better prepare and position the Town for future housing funding. x The Housing Strategic Plan will reference the need to meet a variety of housing needs including rental and home ownership. x Outreach will provide the community an opportunity for input and feedback on housing needs and opportunities. x An updated and current Housing Needs Assessment will provide valuable information to develop a strategic plan to guide this community into the future. Disadvantages: x The grant requires a 25% match from the Town. Action Recommended: Staff respectfully request the Board to approve this IGA with DOLA. Finance/Resource Impact: Accounting code: 101-1945-419-22-90, Workforce Housing Assistance. Funds for this account were placed in reserve for 2022, and will require a budget amendment. The Town is expected to release a request for proposals early in 2022. Total project amount: $73,000 Grant share: $51,000 Town share: $22,000 Level of Public Interest The level of public interest is moderate. Sample Motion: I move to approve/deny Resolution 05-22. Attachments: 1. Resolution 05-22 2. Intergovernmental Agreement Page 28 RESOLUTION 05-22 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF LOCAL AFFAIRS TO CONDUCT A HOUSING NEEDS ASSESSMENT AND DRAFT A HOUSING STRATEGIC PLAN WHEREAS, the need for housing in the Estes Valley has been identified for several decades and has only become more significant with the population growth of Northern Colorado and the increase in the number of visitors to our community; and WHEREAS, the lack of available and affordable housing options in the community impacts our ability to recruit permanent and seasonal workforce which has a cascading effect on the livability and sustainability of the Estes Valley; and WHEREAS, the State is providing funding through HB21-1271 as part of the Innovative Affordable Housing Strategies Planning Grant Program to assist communities in learning more about local housing needs and ways to address them; and WHEREAS, the Town Board desires to enter into the Intergovernmental Agreement referenced in the title of this resolution for the purpose of supporting a Housing Needs Assessment and Housing Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 29 TOWN BOARD MEETING January 11, 2022 Consent Item 10 Resolution 05-22 Intergovernmental Agreement with the Department of Local Affairs to Conduct a Housing Needs Assessment and Draft a Housing Strategic Plan. Attachment 2 – IGA is available at the following link: https://drive.google.com/file/d/1MRdG F8fsje1YtVQpJ8H1122IBpq9o2nd/view?u sp=sharing Page 30 POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: From: Date: Town Administrator Machalek Interim Captain Rick Life January 11, 2022 RE: Resolution 06-22 Memorandum of Understanding with the Town of Estes Park Police Department and Larimer County Sheriff’s Office for Security at The Ranch Events Complex from January 1, 2022 through December 31, 2023 (Mark all that apply) տ PUBLIC HEARING տ ORDINANCE տ LAND USE ց CONTRACT/AGREEMENT ց RESOLUTION տտ OTHER______________ QUASI-JUDICIAL տ YES ց NO Objective: The Town of Estes Park Police Department (EPPD) and the Larimer County Sheriff’s Office (LCSO) desire to work together to provide security and traffic control at the Ranch events complex. Present Situation: This agreement is an existing MOU amongst the two listed agencies. This agreement covers the partnership between the Town of Estes Park (specifically, Estes Park Police Department), and the Larimer County Sheriff’s Office (LCSO) to allow EPPD police officers to work with the LCSO to provide security and traffic control at the Ranch events complex. Proposal: To enter into this agreement. Advantages: The MOU allows EPPD police officers to work with the LCSO to enhance security and traffic control services at the Ranch. It gives officers and opportunity to make additional money outside of their regular salary. Officers will have an opportunity to connect with, teach, and learn from officers in other agencies. Disadvantages: No negatives at this time. Page 31 Action Recommended: Staff recommends approval on the Consent Agenda. Finance/Resource Impact: The Town will bill the Ranch $67.00 per hour for each police officer. The Town will pay police officers at their time and a half overtime rate. Level of Public Interest Staff believes that this topic is of low interest to the members of the community. Motion: I move for the approval of Resolution 06-22. Attachments: 1. Resolution 06-22 2. Estes Park Police Department and Larimer County Sheriff’s Office MOU for Security at the Ranch Page 32 RESOLUTION 06-22 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE LARIMER COUNTY SHERIFF’S OFFICE FOR SECURITY AT THE RANCH EVENTS COMPLEX WHEREAS, the Town Board wishes to enter a memorandum of understanding agreement referenced in the title of this resolution for the purpose of working with the Larimer County Sheriff’s Office to provide security at the Ranch events complex in Loveland, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the memorandum of understanding referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 33 ATTACHMENT 2 Page 34 Page 35 Page 36 Page 37    Page 38 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: January 11, 2022 RE: Appointment of Javier Bernal and Kristen Ekeren to the Transportation Advisory Board for terms expiring March 31, 2024 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the recommended appointments of Javier Bernal and Kristen Ekeren to the Transportation Advisory Board. Present Situation: The Town Clerk’s Office advertised for two vacant positions on the Board. Two applications were received and the interview committee, consisting of Trustee Bangs and MacAlpine, conducted interviews on January 7, 2022. Proposal: The interview committee recommends the appointments of Javier Bernal and Kristen Ekeren to terms expiring March 31, 2024. Javier Bernal has lived in Estes Park over 15 years and currently works at the Estes Valley Community Center. Kristen Ekeren has lived in Estes Park for 6 years and currently works as an engineer for Cornerstone Engineering & Surveying. Advantages: Filling the positions would complete the nine-member board. Disadvantages: If the appointments are not made, the positions would remain vacant until additional applications are received and interviews conducted. Action Recommended: Page 39 Appoint Javier Bernal and Kristen Ekeren to the Transportation Advisory Board for terms expiring March 31, 2024. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Javier Bernal and Kristen Ekeren to the Transportation Advisory Board for terms expiring March 31, 2024. Attachments: None. Page 40 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1.MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 1.A CONTINUED FROM DECEMBER 14, 2022, ORDINANCE 18-21 AMENDING CHAPTERS 5 AND 13 OF THE ESTES PARK DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS (ADU). At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing REOPNED. 2.STAFF REPORT. Review the staff report. 3.PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4.MAYOR. Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the item. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 7.SUGGESTED MOTION. Page 41 Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 42 Community Development Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Alex Bergeron, Planner II Date: January 11, 2022 RE: Ordinance 18-21 Approving Proposed Text Amendment to Estes Park Development Code §5.2 & §13.3 - Accessory Dwelling Units (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The objective of the Town Board is to conduct a public hearing to consider and make a decision on a proposed text amendment to the Estes Park Development Code (EPDC) regarding Accessory Dwelling Units (ADUs). Present Situation: Demand for long-term housing in Estes Park currently exceeds supply, so critically that Town leadership categorized the housing situation as a “crisis” in 2021. ADUs are already permitted in Estes Park, and the proposed text amendment to the EPDC seeks to reasonably reduce remaining barriers to ADU development in residential zone districts to bolster free-market solutions to the housing shortage. Staff considered relevant data when reviewing the proposed text amendments against EPDC §3.3.D (Code Amendments – Standards for Review), as outlined in the “Staff Findings” portion of the Proposal section below. A revised version of the “Exhibit A: Proposed Amendment to Code Text” (Attachment 2) is being presented to the Board for consideration at their January 11, 2022 meeting. The revisions stem from the apparent directives given by the Board at their December 14, 2021 public hearing on the matter – which relate to parking, maximum occupancy, and lots legally nonconforming as to minimum lot size. Proposal: The proposed text amendments to §5.2 of the EPDC (Accessory Uses and Accessory Structures) are related to ADUs and include the following changes: x Permit ADUs in the R-1 zone district x Clarify additional requirements for ADUs Page 43 x Adjust ADU size limits x Modify rental regulations x Clarify home occupation standards x Strike certain provisions x Clarify lot size changes identified in a modified Table 5-1 x Add new requirements for ADUs The proposed text amendments also modify the definition of “Accessory Dwelling Unit” in EPDC §13.3 to accommodate the above changes. Staff Findings: §3.3.D.1. The amendment is necessary to address changes in conditions in the areas affected. Affirmative. According to Realtor.com,1 the median sale price for a home in Estes Park was $815,445 in September 2021, up from $479,900 in September 2019 (a 70% increase in just two years). The increase in home prices is occurring at a time of rapid population growth in Colorado. This includes the population of Larimer County, which grew by 20% between 2010- 2020 according to US Census data.2 Estes Park itself grew by at least 8% over the past 10 years,3 with much of the Estes Park workforce residing far outside of the Estes Valley due to a lack of housing availability and affordability. While efforts are being made to increase workforce housing in Estes Park, new development has not kept pace with demand for well over a decade. During the Planning Division’s October 6, 2021 community engagement session on ADUs, Estes Park Housing Authority Director Naomi Hawf stated that there were 778 households in search of housing and on the Authority’s waitlist (see “Attachment 3: Community Engagement Presentation”). This doesn’t represent people who have elected not to wait for years for housing and aren’t included on the waitlist. In an effort to respond to increasing housing needs, the proposed code amendment enables the development of new residential units through a free-market approach in which property owners seeking to build an ADU on their property would more likely be able to. This change is part of a greater range of housing solutions being proposed to address the local housing shortage. ADU construction is already allowed in single-family zone districts, but is limited (namely by prohibition of long-term ADU rental). Other benefits to homeowners may include the following: x Provide housing for a loved one or one in need of care x Housing for relatives or friends, or space for guests or caregivers x Additional income from rent, and options for homeowners to downsize and age in place The proposed code amendment also responds to changing demographics and household composition in the US generally and especially in communities popular with young people, in acknowledgement that married couples with children represented only 20% of all US households in 2010, down from 43% in 1940.4 §3.3.D.2. The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. Not applicable to this code amendment itself, though plans for ADU development would be Page 44 reviewed for compliance with adopted codes through the building permit process; including building codes, fire codes, and the EPDC. Standard permitting practice is additionally staff’s preferred method of tracking ADU development as the process currently tracks other types of residential development, from additions and remodels to construction of single-family homes and multi-family development. §3.3.D.3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. Affirmative. Town, County or other relevant service providers would not be significantly impacted regarding their respective services and facilities if this code amendment is approved, based on the understanding that future ADU development would occur on lots already developed for residential use and with adequate service. The code amendment was presented to affected agencies (including Public Works, the Building Division, and local utilities) and no opposition was detected in the feedback received – only support for this code amendment was offered. Advantages: x The proposal is consistent with Community Wide Policy 5.2 of the Estes Park Comprehensive Plan: “Encourage housing for permanent residents of all sectors of the community that is integrated into and dispersed throughout existing neighborhoods.” Expansion of ADU development would provide for additional, more affordable housing options in Estes Park, which currently has a pronounced shortage of housing stock relative to demand, especially for households at the middle and lower end of the economic spectrum. o Specifically, the proposed code amendment expands ADU access to 702 lots, up from 600 where ADU development is currently permitted, for a total of 1302 lots eligible, or 59% of all single-family lots in Estes Park (up from 27%) (see “Attachment 4: Extension Quantification) (note: this data does not reflect potential HOA restrictions, which could cause some numbers to be effectively lower). x The proposal is consistent with Community Wide Policy 5.6: “Encourage housing infill within the existing urban area.” The proposed code amendment would expand residential development in existing neighborhoods without creating additional lots, which provides another option for homeowners and may expedite development of additional dwellings without creating additional sprawl (consider subdivision process timeline). Additionally, fewer resources are required to build ADUs, and less energy is needed to heat and cool smaller spaces, which helps to reduce greenhouse gases and our carbon footprint. x ADU development, which had a significant history in the US before the suburban patterns of housing proliferated the landscape, may strengthen the social fabric of the community as more people may be able to live, work, and play in Estes Park when they would otherwise have to commute, easing employee shortage and staff turnover for local businesses and entities, which advances Community Wide Policy 7.7: “Establish the basis for a sound tourism market and sustainable economic climate.” Page 45 x ADU development may allow older community members to age in place rather than having to move out of the community for care (consider the “mother-in-law suite” or “granny flat” basis for ADU development). Older adults could also elect to live in an ADU while renting out their primary residence to augment their income. This advances Community Wide Policy 7.9: “Build on the strength of the retirement community.” Disadvantages: x Additional dwelling units in existing residential neighborhoods may, depending on the volume of development ultimately realized, cause a perception of increased in traffic and activity typical of such neighborhoods, resulting in a minimally more urban feel than longtime residents are used to and in turn leading to temporary local discontent. Action Recommended: Staff recommends Approval of the code amendment. The Planning Commission, during a regularly scheduled public hearing on November 16, 2021, voted unanimously (5-0) to recommend approval of the code amendment. Finance/Resource Impact: None identified. Level of Public Interest High. Multiple written public comments have been received regarding the proposed code amendment. Additional support has been offered through editorials written in the Estes Park Trail-Gazette by a local professional architect (July 3, 20205; October 8, 20216) and evidenced by ADU development inquiries received by the Planning Division. Despite this local support, the majority of comments received are in opposition – often citing views which contrast with the information offered during public engagement activities. Written comments received to date are available via this link: https://drive.google.com/file/d/1uOQYIf6yV1k7YmCoRuC1zJ4W7M2ytMAG/view Sample Motion: I move that the Town Board APPROVE Ordinance 18-21. I move to deny Ordinance 18-21. I move to continue Ordinance 18-21 to the next regularly scheduled meeting. Attachments: 1. Ordinance 18-21 2. Exhibit A: Proposed Amendment to Code Text 3. Community Engagement Presentation 4. Extension Quantification 1 https://www.realtor.com/realestateandhomes-search/Estes-Park_CO/overview 2 https://www.census.gov/library/stories/state-by-state/colorado-population-change-between-census-decade.html 3 https://www.census.gov/quickfacts/estesparktowncolorado 4 https://www.rstreet.org/wp-content/uploads/2017/03/89.pdf 5 https://www.eptrail.com/2020/07/05/guest-column-why-are-accessory-dwellings-not-allowed-in-estes-park/ 6 https://www.eptrail.com/2021/10/08/adus-will-help-house-essential-workers/ Page 46 ORDINANCE NO. 18-21 AMENDING CHAPTERS 5 AND 13 OF THE ESTES PARK DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS WHEREAS, on November 16, 2021, the Estes Park Planning Commission conducted a public hearing on a proposed text amendment to the Estes Park Development Code which would modify Table 5-1 to extend accessory dwelling units (ADUs) to the R-1 zone district and modify lot size standard requirements; amend section 5.2(B)(2)(a) to clarify additional requirements for ADUs, adjust ADU size limits, modify rental regulations, strike certain provisions, clarify lot size changes identified in Table 5-1, and add new requirements; amend section 5.2(B)(2)(d) to accommodate stricken home occupation requirements and clarify them; and amend the definition of “Accessory Dwelling Unit” to accommodate the above changes; and WHEREAS, on November 16, 2021, the Estes Park Planning Commission voted unanimously to recommend approval of the text amendment with the condition that the Commission recommended staff consider adjusting the text to require one (1) off-street parking space per ADU; and WHEREAS, staff has made that text adjustment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment to the Estes Park Development Code attached as Exhibit A complies with Estes Park Development Code section 3.3.D and has determined that it is in the best interest of the Town that the amendment be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Sections 5.2 and 13.3 of the Estes Park Development Code are hereby amended, by adding underlined material and deleting stricken material, as set forth on Exhibit A. Ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2022. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 47 ATTACHMENT 2 Page 48 EXHIBIT A Page 49 Page 50 htthtthtthhhhtthtthhtthtthtthtttthtthttthtttthtthhhthtthtthhttththttttttthhhhttttthtthtthhhtttttthtththtttttttthhhhtthtthtthtttthhhtttthtththtttthtthtthhtttthhhhhhtttttththtthtttthtthhttps:ps:ps:ps:ppspspsps:psps:ps:ps:ppppsppsppps:sps:ps:ps:pppppssspppps:pssps:ppspspspsps:pppppspsps:psppspppspppspsps:pps:psssps::pssss:s::////////////////////////////////////////////////////////////////////////////////////// ATTACHMENT 3 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 ATTACHMENT 4Page 57 Town Clerk <townclerk@estes.org> i am opposed to Accessory Dwelling Units in single family residential areas 1 message wildlands <wildlands3@gmail.com>Sun, Jan 9, 2022 at 7:49 PM Reply-To: wildlands3@gmail.com To: Wendy Koenig <wkoenig@estes.org>, Carlie Bangs <cbangs@estes.org>, Barbara MacAlpine <bmacalpine@estes.org>, Patrick Martchink <pmartchink@estes.org>, swebermeier@estes.org, cyounglund@estes.org, Marie Cenac <mcenac@estes.org>, townclerk@estes.org To: Mayor and Town Trustees and Town Clerk: From: Susan Wolf, 1637 Black Squirrel Drive, Estes Park Re: Accessory Dwelling Units Please put my comments in the packet. I support affordable housing and would recommend incentives for this in the area of downtown where the Mayor and Town Trustees have recently approved additional height for existing buildings. Many service people would be able to bike or walk to work. I am opposed to Accessory Dwelling Units in single family residential zoning for the following reasons: create congestion change the appearance of neighborhoods generate noise and trash create vehicle pollution when they are far from biking and walking paths create parking problems on the lot destroy single family zoning one ADU at a time cause people to be closer to neighbor's property lines perhaps result in trees being removed to add more concrete to the lot which could result in less rain going into the ground and more running off onto neighboring properties more concrete and building on the lot could destroy the roots of existing trees of that homeowner as well as those of neighbors may result in conflicts and confrontation between neighbors as some people bought in a single family residential neighborhood by choice and wish it to stay that way people park on tall grass areas because of lack of room on lots (like it is being done in Carriage Hills with all the vacation rentals) which could start a grass fire detached ADU's need to be hooked up to sewer and water and this could be a problem in some neighborhoods with aging infrastructure people who are looking to buy in single family residential neighborhoods will have great uncertainty as to whether the neighborhood will incur drastic changes once they purchase not fair to those whose dream was to live in a single family residential neighborhood and purchased a home thinking the zoning would not be changed Thank you for your consideration of my comments. Susan Wolf PUBLIC COMMENT RECEIVED BY 2022-01-10 Page 58 Town Clerk <townclerk@estes.org> RE: Ordinance 18-21 concerning ADUs comments for inclusion in Town packet website - from Johanna Darden 1 message Bill J. Darden <bdarden@uchicago.edu>Sun, Jan 9, 2022 at 3:15 PM To: "wkoenig@estes.org" <wkoenig@estes.org>, "pmartchink@estes.org" <pmartchink@estes.org>, "cbangs@estes.org" <cbangs@estes.org>, "mcenac@estes.org" <mcenac@estes.org>, "bmacalpine@estes.org" <bmacalpine@estes.org>, "swebermeier@estes.org" <swebermeier@estes.org>, "cyounglund@estes.org" <cyounglund@estes.org> Cc: "tmachalek@estes.org" <tmachalek@estes.org>, "townclerk@estes.org" <townclerk@estes.org> To: Mayor Wendy Koenig, Mayor Pro Tem Patrick Martchink, Trustees Carlie Bangs, Marie Cenac, Barbara MacAlpine, Sco Webermeier and Cindy Younglund From: Johanna Darden, 501 MacGregor Avenue, Estes Park, CO (Year-round resident of Estes Park) I oppose the Estes Park Board of Trustees approving Ordinance 18-21. It was stated in your packet informaon that "the majority of comments are in opposion to ADUs," So why would you approve this? I do not believe the social fabric of our Town will be strengthened with the addion of more people living in ADUs. I believe the social fabric and quality of life has already been diminished by short-term renters and people who live here sporadically. You approved increased building height of structures along Elkhorn Avenue, but you did not require any housing there to be affordable for our workforce. I do not believe affordable housing will be built as a result of that ordinance. What is affordable housing anymore in our Town? What relevance is there of comparing household composion from 12 years ago to 82 years ago? That's crazy. Increasing density in residenal neighborhoods will decrease quality of life. There was discussion at the last TB meeng about the number of cars that would be allowed for an ADU (too many). Since the size of the property would be the same with or without an ADU, why cannot the limit of vehicles be kept the same? It wasn't even clear how many unrelated people could live in an ADU. I don't think ADUs will solve our affordable workforce housing. Look what homes are selling for. It's unbelievable that many people have so much money that they can pay cash immediately to buy expensive homes. People want to live here and there will be sprawl regardless of providing ADUs. Our event center, our community center, and our hospital were not thriving even before COVID-19. Do you really think our social fabric will improve with ADUs? Do you believe Estes Park has become a friendlier place for the people who live here? I don't. We couldn't raise money for a wellness center or a performing arts center despite a lot of money wasted on those endeavors. There could be an ADU increase by 32%. That's more than half the residenal properes. How would you determine if ADUs would be affordable for our workforce? It's no wonder businesses are not able to hire workers. I tried to figure out on what size property an ADU could be built. Without being able to determine what the minimum lot size is, I could not figure this out if the lot can be 1.33 x minimum lot size. Perhaps you can address this during the Town Board meeng. Please do not approve Ordinance 18-21. Page 59 Page 60 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1.MAYOR. The next order of business will be the public hearing on ACTION ITEM 1 RESOLUTION 07-22 CONDOMINIUM MAP OF THE MEADOW CONDOMINIUMS AT WILDFIRE, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application. Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2.STAFF REPORT. Review the staff report. Review any conditions for approval not in the staff report. 3.APPLICANT. The applicant makes their presentation. 4.PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL. The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. Page 61 2 6.MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the application. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 7.SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 62 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: January 11, 2022 RE: Resolution 07-22 Condominium Map of The Meadows at Wildfire Condominiums, 1802 Wildfire Road, Wildfire Homes LLC, Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an application for a Condominium Map of the Meadows at Wildfire Condominiums and review for compliance with the Estes Park Development Code (EPDC). Present Situation: The subject property is legally described as Lot 1, Block 1 of Wildfire Homes Subdivision, is 5.19± acres in size. The site is zoned RM- Multi-Family Residential. This is part of the “Wildfire” project, which consists of 43 total lots. One lot will be for office use, 14 lots for detached single-family homes, 26 lots for townhomes, and 2 lots for condominium projects including the subject condominium project, “The Meadows at Wildfire.” This received approval of a Preliminary Condominium Map and a Development Plan in late 2019. The condominium projects were approved as workforce housing, in accordance with the EPDC. Development of the Meadows Condominiums in underway, with Building “F” being the first of nine condominium buildings recently completed. Each building will contain eight units. Proposal: In order to comply with EPDC and Statutory requirements for condominiums, a Condominium Map depicting the precise location of Building F on Lot 1, along with scaled, dimensioned drawings of the interior layout of Building F, is filed for recordation in the records of the Larimer County Clerk and Recorder. This Condominium Map requires review and approval by the Town Board of Trustees. Staff notes the eight Page 63 remaining condominium buildings will be required to go through an approval similar to this Condominium Map, called “Supplemental Condominium Maps.” Advantages: •This proposal complies the applicable standards of the EPDC, specifically: Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H “Condominiums, Townhouses and Other Forms of Airspace Ownership.” Disadvantages: None identified. Action Recommended: Staff recommends approval of Resolution 07-22. Finance/Resource Impact: Little or none. Level of Public Interest Low. The Community Development Department has not received any verbal or written public comments or inquiries to date. Sample Motion: I move that the Town Board of Trustees approve Resolution No. 07-22. I move that the Town Board of Trustees deny Resolution No. 07-22, finding that [state findings for denial]. I move to continue Resolution No. 07-22 to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Resolution 07-22 2.Vicinity Map 3.Statement of Intent 4.Application Form 5.Condominium Map Page 64 RESOLUTION 07-22 APPROVING THE CONDOMINIUM MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS, LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION WHEREAS, an application for a Condominium Map, which legally establishes Building F within The Meadows at Wildfire Condominiums was filed by Wildfire Homes LLC (owner); and WHEREAS, The Meadows at Wildfire Condominiums, located on Lot 1, Block 1, Wildfire Homes Subdivision, and being within an A (Accommodations) Zone District, has received approval of a Preliminary Condominium Map and a Development Plan as required by the Estes Park Development Code; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Condominium Map of the Meadows at Wildfire Condominiums is hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 65 Site Location LAKE ESTES BIG T H O M P S O N A V EDRY GULCH RDELKTRAILCTRAV E N A V E WILDFIRERD LAKEFRONTS T LONEPINEDRGR A NDESTATES DR DE E R P ATH CT PINE LN RAVE N C I R HIGH PINE DR NORTH RIDGELNBELLEV U E DR NOR T H L A K E A V E RE D TAIL HA WK DR OLYMPIANLN MA C CRACKEN L N GRAY HAWK CT MOUN T AI N V I L L AGELNBEACH LN RAVEN CT S O A RINGCIR AXELL RD 0 250 500 Feet -Town of Estes ParkCommunity Development Printed: 12/22/2021 Created By: Jeff Woeber Project Name: Project Description: The Meadow Condominiumsat Wildfire Condominium MapFor Illustrative Purposes Only ATTACHMENT 2 Page 66 STATEMENTOFINTENTTheMeadowCondominiumsatWildfireLot1,Block1,WildfireHomesSubdivisionBuildingFThepropertyowneroftheproposedCondominiumSubdivisionis:WildfireHomesLLC,P0Box12.GlenHaven,CO80532ThisisthefirstCondominiumMapforTheMeadowCondominiumsatWildfirewhichislocatedonLot1,Block1oftheWildfireSubdivision.TheWildfireSubdivisionisaTownapprovedsubdivisionandisrecordedatReceptionNo.20200060501.ThesubdivisionwasrecordedAugust6,2020.ThisfirstCondominiumMapisjustforBuildingF.SeveralsupplementalCondominiumMapswillfollowforBuildingsA,B,C,D, E,G,HandI.FutureCondominiumMapsmayincludemorethanonebuilding.Lot1.BlockIhasbeenannexedintotheTownofEstesPark.TheAnnexationMapisrecordedatReceptionNo.20200060498.ThisCondominiumDevelopmentisconsistentwiththepreviouslyapprovedDevelopmentPlan.EachCondominiumBuildingwillhave8UnitsmeetingtheEstesValleyDevelopmentCodedefinitionforWorkforceHousingUnits.PleaseacceptthisSTATEMENTOFINTENT,theAPPLICATION,theCONDOMINIUMMAPitself(4Sheets),andthesupplementaldocumentwiththisApplicationthatistilled:DECLARATIONOFTHEMEADOWSATWILDFIRECONDOMINIUMS,ACONDOMINIUMCOMMUNITY.TheDeclarationisreferencedon andwillberecordedwiththeCondominiumMap.Thankyouforyour considerationofthis submittal.ATTACHMENT 3Page 67 FinalCondominiumMapforBuildingF1802WildfireRoadLot1,Block1,WildfireHomesSubdivisioncoMuN!Tvfllf4UPLIrUTElTownElTownIsasewerliftstationrequired?ElUWellQNoneUOther(specify)UWellQNoneUOther(specify)CEPSDOEPSD[ElUTSDoYesElNooOtherUNoneProposedZoningRMSubmittalDate:Pre-AppESTESPARKPLANNINGDEPARTMENTAPPLICATION(“IIC’10DevelopmentPlanSpecialReviewPreliminarySubdivisionFinalSubdivisionPlatMinorSubdivisionPlatPlatAmendedPlatoBoundaryLineAdjustmentQROWorEasementVacationoStreetNameChangeTimeoRezoningPetitionoAnnexationRequest0Extensionnfl..CondominiumMapoPreliminaryMapFinalMapoSupplementalIProjectNameIProjectDescriptionProjectAddressnfvjMap1._egalDescriptionMapoftheMeadowCondominiumsatWiLdfire-Lot1,BLock1,WildfireHoJ________________________ParcelID#2520217001LotSize5.2AcresExistingLandUseProposedLandUseExistingWaterServiceProposedWaterServiceAreaofDisturbanceinAcres46%imperviousforallofLotIMultiFamiLyResidentiaLCondominiumsMultiFamilyResidentiaLCondominiumsExistingSanitarySewerServiceProposedSanitarySewerServiceExistingGasServiceExistingZoningQSepticQSepticCNoneAretherewetlandsonthesite?SiteAccess(ifnotonpublicstreet)WiLdfireRoad(PubLicStreet)UYesSitestakingmustbecompletedatthetimeapplicationissubmitted.Complete?ElNoPrimaryContactPersonisCompleteMailingAddressNameofPrimaryContactPersonMarkWestover,WiLdfireHomesLLCi:1;PCBox12,GlenHaven,CO80532Owner[ElYesUNoElApplicantj.]ApplicationfeeElStatementofintentEl2copies(folded)ofplatorplanlix17’reducedcopyofplatorplanflConsultant/EngineerElDigitalCopiesofplats/plansinTIFForPDFformatemailedtoplanning©estes.orgElSignPurchase($10)PleasereviewtheEstesParkDevelopmentCodeAppendixBforadditiDnalsubmittalrequirements,whichmayincludeISOcalculations,drainagereport,trafficimpactanalysis,geologichazardmitigationreport,Iw1h1fihazardmitigationreport,wetlandsreport,and/orotheradditionalInformation.TownofEstesPark..P.0Box1200.170MacGregorAvenue..EstesPark,co80517CommunityDevelopmentDepartmentPhone:(970)577-3721..Fax:t970)586-0249..www,estes.org/communityoevelopmentRevised2020.04.23ksATTACHMENT 4Page 68 RecordOwner(s)MarkWestover,WiLdfireHomesLLCPhoneCellPhoneFaxFaxn/aMINERAL RIGHTCERTIFICATIONArticle65.5ofTitle24oftheColorado RevisedStatutesrequiresapplicantsforDevelopment Plans,Special Reviews,Rezoning,PreliminaryandFinalSubdivisionPlats,MinorSubdivisionPlatsifcreatinganewlot,and PreliminaryandFinalCondominiumMapstoprovidenoticeoftheapplicationandinitialpublichearingtoallmineralestateownerswhere thesurfaceestateandthemineralestatehavebeensevered.Thisnoticemustbegiven30dayspriortothefirsthearingonanapplicationfordevelopmentandmeetthestatutoryrequirements.Iherebycertifythatthe provisionsofSection24-65.5-103CR5 havebeenmet.Names:Record OwnerPLEASEPRINT:frF1ApplicantPLEASEPRINT:——I’—-—Signatures:Record Owner,I/%t1t/J1’:zz—Applicant/Date/2-7-Date2/MailingAddressP0Box12,GLenHavenCO80532Phone970-586-9342CellPhone970-481-9821Faxn/aEmailMark@westoverconstruction.comApplicantSameasownerMailingAddress____________________________________EmailConsultant/EngineerVanHornEngineeringandSurveyingIncMailingAddress1043 FishCreekRoadPhone970-586-9388CellPhone970-443-3271(LonnieSheldon)Email[onnie@vanhornengineering.comAPPLICATIONFEESFordevelopmentwithintheEstesParkTownlimitsSeethefeescheduleincludedinyourapplicationpacketorviewthe feescheduleonlineatww.estes.orgfplanningformsAllrequestsforrefundsmustbemadeinwriting.Allfeesare dueatthetime ofsubmittal.Revised2020.04.23ksPage 69 APPLICANTCERTIFICATIONIherebycertifythattheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandthatinfilingtheapplicationIamactingwiththe knowledgeandconsentoftheownersoftheproperly.)Insubmittingtheapplicationmaterialsandsigningthisapplicationagreement,Iacknowledgeandagreethattheapplicationissubjecttothe applicableprocessingandpublichearingrequirementssetforthintheEstesParkDevelopmentCode(EPDC).IacknowledgethatIhaveobtainedorhaveaccesstotheEPDC,andthat,priortofilingthisapplication,Ihavehadtheopportunitytoconsulttherelevantprovisionsgoverningtheprocessingofanddecisionontheapplication.TheEstesParkDevelopmentCodeisavailableonlineat:htto://w.estes,org/DevCodeIunderstandthatacceptanceofthisapplicationbytheTownofEstesParkforfilingandreceiptoftheapplicationfeebytheTowndoesnotnecessarilymeanthattheapplicationiscompleteundertheapplicablerequirementsoftheEPDC,Iunderstandthatthisproposalmaybedelayedinprocessingbyamonthormoreiftheinformationprovidedisincomplete,inaccurate,orsubmittedafterthedeadlinedate.Iunderstandthataresubmittalfeewillbechargedifmyapplicationisincorriptete.TheCommunityDevelopmentDepartmentwillnotifytheapplicantinwritingofthedateonwhichtheapplicationisdeterminedtobecomplete.IgrantpermissionforTownofEstesParkEmployeesandPlanningCommissionerswithproperidentificationaccesstomypropertyduringthereviewofthisapplication.IacknowledgethatIhavereceivedtheEstesParkDevelopmentReviewApplicationScheduleandthatfailuretomeetthedeadlinesshownonsaidschedulemayresultinmyapplicationortheapprovalofmyapplicationbecomingnullandvoid.Iunderstandthatfullfeeswillbechargedfortheresubmittalofanapplicationthathasbecomenullandvoid.Names:RecordCerPLEASEPRINT:,t44rApplicantPLEASEPRINT:/Signawres:Owner/C///Date/)72!ApplicantDate/27—2)Revised2020,04.23ksPage 70 ATTACHMENT 5Page 71 Page 72 Page 73 Page 74 Estes Town Board of Trustees, January 11, 2022 Wildfire Subdivision PRESENTATION PROVIDED BY STAFF ON 2022-01-11 Page 75 Estes Town Board of Trustees, January 11, 2022 Map of the Meadows at Wildfire Condominiums Page 76 Estes Town Board of Trustees, January 11, 2022 Condominium Map Page 77 Page 78 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: January 11, 2022 RE: Ballot Questions and TABOR Ballot Issue for the 2022 Municipal Election PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: To consider adding ballot questions and a TABOR ballot issue to the regular Municipal Election ballot on April 5, 2022. Present Situation: Town staff presented proposed ballot questions and a TABOR ballot issue during study sessions on October 26, 2021 and November 9, 2021 addressing the publication of ordinances, publication of bills, and TABOR restrictions/debrucing. The state statute allows a municipality to eliminate the publishing requirements for ordinances at a regular or special election by publishing ordinances by title only rather than publishing the ordinance in full. The same is true for the publication of bills as outlined in C.R.S. §31-20-202(1.5), and if the voters elect not to publish the bills, the Town may provide an alternative for distribution of the bills and contracts. The Town voters approved Ballot Initiative Measure 2A at the November 2000 Coordinated Election allowing the Town to permanently debruce, thereby authorizing the Town to collect and retain all of the revenues in excess of the revenue limitations set by TABOR to be used on capital projects. Proposal: Three resolutions have been prepared for the Board’s consideration. Resolution 02-22 would eliminate the publication of the full text of an ordinance passed by the Board, and require instead an ordinance be published by title only in the local paper with the full text of the ordinance available on the Town records portal immediately upon passage by the Town Board. Page 79 Resolution 03-22 would eliminate the publication of bills in the newspaper and continue the current practice of publishing bills on the Town’s website in greater detail than can be published in the newspaper. Resolution 04-22 would allow the Town to maintain all excess revenues to provide services and public facilities and amenities to its citizens and remove any limitations imposed by the November 7, 2000 Ballot Initiative Measure 2A, beginning in fiscal year 2022. Advantages: •Reduces the financial cost to the taxpayers both hard costs and staff costs. •Increased accessibility of information on the Town’s website. •Improve transparency. •Efficient and effective access to real time information through the Town’s records portal. •Records are maintained in perpetuity on the records portal. •Maintaining revenues would allow the Town to continue to provide services and improve facilities and infrastructure. Disadvantages: •Town staff will continue to complete dual processes by publishing both ordinances and bills in the paper and on the Town’s website. •The Town will continue to incur the publication fees. •Limitations on ineligible operations will increase each year without voter approval to remove the TABOR limitations and will impact functions such as Police, 911 Emergency Communications, outside entity funding, including the Fire District and local nonprofits, and other government functions. Action Recommended: Staff recommends sending each question to the voters and the TABOR ballot issue for consideration on the April 5, 2022 ballot. Finance/Resource Impact: The election is being held to elect three Trustees and the addition of questions will not increase the cost. The TABOR ballot issue will require a TABOR notice to be sent to each household. The cost of the notice will increase the overall printing and postage costs for the election. Level of Public Interest: Low. Sample Motion Each resolution will need to have separate action to approve or deny. I move to approve/deny Resolution 02-22. I move to approve/deny Resolution 03-22. I move to approve/deny Resolution 04-22. Attachment: 1.Resolution 02-22. 2.Resolution 03-22. 3.Resolution 04-22.Page 80 RESOLUTION 02-22 A RESOLUTION SUBMITTING TO THE VOTERS THE QUESTION OF WHETHER TO PERMIT THE PUBLICATION OF ORDINANCES BY TITLE ONLY WHEREAS, section 31-16-105, C.R.S., requires the Town to publish adopted ordinances in full in a newspaper of general circulation; and WHEREAS, section 31-16-105, C.R.S., also provides that ordinances may be published by title only upon the approval by the Town’s electorate at a regular or special election; and WHEREAS, approval of the ballot question by the electorate to allow the Town to publish only the title of all approved ordinances will substantially reduce publication costs and staff costs, increase accessibility, improve transparency, and provide real time access to information on the Town’s website; and WHEREAS, the Board of Trustees deems it appropriate to submit this issue to the electorate of the Town at the regular municipal election on April 5, 2022. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: At the regular municipal election of April 5, 2022, the following question shall be submitted to the voters: Section 2: If the question is approved, the Town Clerk shall publish adopted ordinances in the newspaper by title only, in accordance with section 31-16-105, C.R.S. The Town Clerk shall post all adopted ordinances in full on the Town’s website following passage by the Board of Trustees. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Question #1: “In order to save publication costs to the Town, shall the Town of Estes Park, Colorado, be authorized to publish ordinances in the newspaper by title only rather than publishing each ordinance in full, and instead provide full text on the Town’s website?” YES NO ATTACHMENT 1 Page 81 RESOLUTION 03-22 A RESOLUTION SUBMITTING TO THE VOTERS THE QUESTION OF WHETHER TO ELIMINATE THE REQUIREMENT THAT PAYMENTS OF BILLS AND STATEMENTS CONCERNING CONTRACTS AND REBATES BE PUBLISHED WHEREAS, section 31-20-202(1), C.R.S., requires that the Town publish its proceedings related to the payment of bills and publish a statement concerning all contracts awarded and rebates allowed; and WHEREAS, section 31-20-202(1.5), C.R.S., provides that the requirement of publication of the proceedings related to the payment of bills and a statement concerning all contracts awarded and rebates allowed is not required if approved by the electorate of the Town at a regular or special election; and WHEREAS, the approval of a ballot question eliminating the requirement of publishing proceedings related to payment of bills and statements concerning all contracts awarded and rebates allowed will reduce publishing costs and expenses to the Town; and WHEREAS, the Board of Trustees deems it appropriate to submit this issue to the electorate of the Town at the regular municipal election on April 5, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: At the regular municipal election of April 5, 2022, the following question shall be submitted to the voters: Section 2: If the question is approved, the Finance Director shall publish proceedings relating to payment of bills and statements concerning all contracts awarded and rebates allowed not in the newspaper but on the Town’s website, in accordance with section 31-20-202, C.R.S. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Question #2: “In order to save publication costs to the Town, shall the Town of Estes Park, Colorado, provide all required information on its website regarding proceedings relating to payment of bills and statements concerning all contracts awarded and rebates allowed, rather than publishing the information in the newspaper?” YES NO ATTACHMENT 2 Page 82 RESOLUTION 04-22 A RESOLUTION SUBMITTING TO THE VOTERS THE QUESTION OF WHETHER THE TOWN SHALL BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND OR RESERVE ALL REVENUES IT RECEIVES FROM ALL LAWFUL SOURCES WHEREAS, the Town of Estes Park (the “Town”), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer’s Bill of Rights (“TABOR”), requires voter approval of any increase in any tax rate and the spending of certain funds above limits established by TABOR; and WHEREAS, the Town’s regular municipal election will be on April 5, 2022; and WHEREAS, April 5, 2022, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the Town; and WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the voters at the April 5, 2022 election a TABOR ballot issue concerning authorization to collect, retain, and spend or reserve all revenues it receives from all lawful sources including without limitation property and sales, without any other condition or limitation as a voter approved revenue change under Article X, Section 20 of the Colorado Constitution and under section 29-1-302(2)(b), C.R.S., and any other applicable law, and remove any limitations imposed by the November 7, 2000 Ballot Initiative Measure 2A, beginning in fiscal year 2022, provided that the Town’s tax rates shall not be increased without further voter approval. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: At the regular municipal election of April 5, 2022, the following issue shall be submitted to the voters: DATED this day of , 2022. Issue #3A: “WITHOUT INCREASING ANY TAX RATE OR IMPOSING ANY NEW TAX AND IN ORDER FOR THE TOWN TO CONTINUE TO PROVIDE SERVICES AND PUBLIC FACILITIES AND AMENITIES TO ITS CITIZENS, INCLUDING WITHOUT LIMITATION POLICE OPERATIONS, 911 COMMUNICATIONS, EMERGENCY MANAGEMENT, OTHER GOVERNMENTAL SERVICES, AND FOR ANY OTHER LAWFUL PURPOSES, SHALL THE TOWN OF ESTES PARK BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND OR RESERVE ALL REVENUES IT RECEIVES FROM ALL LAWFUL SOURCES INCLUDING WITHOUT LIMITATION PROPERTY AND SALES TAXES, WITHOUT ANY OTHER CONDITION OR LIMITATION, AS A VOTER- APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND UNDER SECTION 29-1-302(2)(b) OF THE COLORADO REVISED STATUTES AND ANY OTHER APPLICABLE LAW, AND REMOVE ANY LIMITATIONS IMPOSED BY THE NOVEMBER 7, 2000 BALLOT INITIATIVE MEASURE 2A, BEGINNING IN FISCAL YEAR 2022, PROVIDED THAT THE TOWN’S TAX RATES SHALL NOT BE INCREASED WITHOUT FURTHER VOTER APPROVAL?” YES NO ATTACHMENT 3 Page 83 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 84 Town Clerk <townclerk@estes.org> Resolutions 02-22, 03-22, and 04-22 considered at TB mtg on January 11, 2022 from Johanna Darden 1 message Bill J. Darden <bdarden@uchicago.edu>Mon, Jan 10, 2022 at 2:41 PM To: "wkoenig@estes.org" <wkoenig@estes.org>, Patrick Martchink <pmartchink@estes.org>, Carlie Bangs <cbangs@estes.org>, Marie Cenac <mcenac@estes.org>, Barbara MacAlpine <bmacalpine@estes.org>, "swebermeier@estes.org" <swebermeier@estes.org>, "cyounglund@estes.org" <cyounglund@estes.org> Cc: "tmachalek@estes.org" <tmachalek@estes.org>, "townclerk@estes.org" <townclerk@estes.org> To: Mayor Koenig, Mayor Pro Tem Martchink, and Trustees: Bangs, Cenac, MacAlpine, Webermeier and Younglund From: Johanna Darden, 501 MacGregor Avenue, Estes Park, CO (Year-round resident of Estes Park) I ask that you not approve resoluon 02-22. The full text of an ordinance should be published in The Estes Park Trail Gazee. A well-informed cizenry requires this addional opon to our Town website. A town government accountable to its cizenry should not believe the cost of providing this unreasonable. Please vote no to this resoluon. I ask that you not approve resoluon 03-22. Payments of bills and statements concerning all contracts awards and rebates allowed should be published in The Estes Park Trail Gazee. Cizens deserve to have many opons to view how government money is spent and who are awarded contracts. Please vote no to this resoluon. I ask that you not approve resoluon 04-22. The Town of Estes Park should not be authorized to collect, retain, or spend or reserve all revenues it receives from all lawful sources. TABOR was put in place for a very good reason. In my view that reason sll applies. Please vote no on all three resoluons: 02-22, 03-22, and 04-22. PUBLIC COMMENT RECEIVED BY 2022-01-10 Page 85 Page 86 Town of Estes Park 2022 Regular Municipal Election Ballot Initiatives POTENTIAL QUESTIONS FOR VOTERS Question #1: “In order to save publication costs to the Town, shall the Town of Estes Park, Colorado, be authorized to publish ordinances in the newspaper by title only rather than publishing each ordinance in full, and instead provide full text on the Town’s website?” YES NO Question #2: “In order to save publication costs to the Town, shall the Town of Estes Park, Colorado, provide all required information on its website regarding proceedings relating to payment of bills and statements concerning all contracts awarded and rebates allowed, rather than publishing the information in the newspaper?” YES NO Access Transparency & Cost - Increased Accessibility of Information on Website - Increase Transparency - Reduces the Financial Cost to the Taxpayers Accessibility Records Portal Records Portal Since 2016 records have been digitized and made available on the Town’s public records portal in perpetuity and through robust search engines Paper records are always available in the Clerk’s office for public review Minutes Packets License Databases Ordinances Resolutions Total Number of Records Available on the Records Portal Today ORDINANCES 1917 - Current 1,259 Files 1100% RESOLUTIONS 1962 -Current (Plus Miscellaneous) 1,090 Files MINUTES Various records from 1917 through current for: Town Board, Planning Commission, Advisory Boards, Committees, Task Force & Special Groups 5,000 Files PACKETS 800 Files Number of files is an approximate amount Transparency Timelines for Publication Prepare Town Board Adopts Ordinance/Approves Bills Published to Web Portal (Available in Perpetuity) Ordinances added to website as early as 10:00 a.m. including: Packets, Ordinances/Resolutions (& Exhibits), approved Minutes and Presentations Publication General circulation in the Town FRIDAY TUESDAY WEDNESDAY FRIDAY Confirmation to Paper Email confirmation to paper before 10:00 a.m. to inform of changes, approval or denial GENERAL CIRCULATION Online Records Portal Approval Clerk to Format & Send to Paper Packet material available Wednesday prior to Board meeting for review & updates by Friday Financial Cost Other Driving Factors Ɣ Number of Ordinances per Year ż 2021 - 16 (To date) ż 2020 - 14 ż 2019 - 33 ż 2018 - 21 ż 2017 - 35 Ɣ Increasing Code Changes with new Comprehensive Plan Adoption Ɣ Additional staff time to complete other projects: ż Populating additional records to portal ż Process improvement Bills - $1,800/yr (Average Cost 4 yrs) Ordinances - $3,000 - $5,000/yr (Average Cost 4 yrs) Individual Ordinance Cost $30 - $1,500 per Ordinance Potential Cost Reduction Staff Time - 15 - 45 Minutes (Average per Ordinance) Advantages: Ɣ Robust Records Portal - Kept in Perpetuity Ɣ 24/7 Public Access Ɣ Powerful Search Engine Ɣ Reduce Financial Cost to Taxpayers Ɣ Reduce Staff Time to Format & Coordinate Publication with Paper Ɣ Current Process Subject to Deadlines set by the Paper Ɣ Since Pandemic the Use of Electronic Means to Access Information has Increased (Over 1500 hits in 2021). WHY NOW? WHAT HAPPENS NEXT? If passed by the voters on April 5, 2022 Ɣ Ordinances published by title only in newspaper Ɣ Ordinances published on public records portal by 10:00 a.m. the day following Town Board meeting Ɣ Bills published on records portal only Questions? 1/12/2022 1 TABOR Ballot Question Town Board Presentation January 11, 2022 What is TABOR? TABOR (the Colorado Taxpayers Bill of Rights) is an amendment to the State Constitution that was adopted by Colorado voters in 1992 TABOR requires tax increases or debt issuance be subjected to a public election A TABOR qualified enterprise is exempted from this requirement TABOR also limits on revenues that a government can generate and retain Indirectly controls government expenditures by limiting revenues 1/12/2022 2 What is this TABOR Revenue Limitation? ANNUAL TABOR BASE REVENUE CALCULATION An allowable base revenue amount was calculated in 1992, the year of TABOR adoption Each year, the Town must roll forward this amount and adjust it for two factors to calculate a new base 1) The annual change in the Denver-Boulder Consumer Price Index for all items and all urban consumers 2) The percent change in actual value of all real property in the Town Historically, 3% to 5% a year increase What is this TABOR Revenue Limitation? ANNUAL TABOR BASE REVENUE CALCULATION The base is limited to the actual amount of revenues received If actual revenues are less than the calculated base, the amount of actual revenues become the new reduced base Therefore, the base ratchets down if the local government has a bad economic year Absent a de-Brucing measure, any revenues in excess of the base must be refunded to the taxpayers 1/12/2022 3 What is de-Brucing? “de-Brucing” is a term commonly used to identify a voter approved measure that allows a local government to keep and spend the revenue received in excess of TABOR’s limits (the base). “de-Brucing” gets its name from Douglas Bruce, the author of TABOR DOES NOT exempts the Town from TABOR entirely A de-Brucing measure only provides that the Town may retain and use these excess funds as specified in the ballot measure itself Current de-Brucing Clause Nov 7, 2000 – Voters approved a de-Brucing ballot question 2,036 In Favor (~71%) 823 Against (~29%) Included restrictions on the use of these de-Bruced revenues SHALL THE TOWN OF ESTES PARK, COLORADO, INCLUDING THE ESTES PARK URBAN RENEWAL AUTHORITY, BE AUTHORIZED TO COLLECT AND RETAIN ALL OF THE REVENUE IN EXCESS OF THE REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION FROM SALES AND USE TAXES (WITHOUT ANY INCRESE IN SALES AND USE TAX RATES) AND ALL OTHER REVENUES OF THE TOWN, AND TO SPEND ALL OF SUCH REVENUES BY TRANSFERRING SAID REVENUES INTO THE COMMUNITY REINVESTMENT FUND FOR THE PURPOSE OF THE ACQUISITION, MAINTENANCE, REPAIR AND REPLACEMENT OF CAPITAL PROJECTS, INCLUDING EVENTS/RECREATION FACILITIES, OPEN SPACE, SIDEWALKS, TRAILS, LANDSCAPING, AND STREET AND PARKING LOT CONSTRUCTION, STORM DRAINAGE, AND MUNICIPAL BUILDINGS AND FACILITIES? 1/12/2022 4 What is the Problem? Current Situation The de-Brucing measure approved by voters in 2000 set specific intentions for the use of the de-Bruced revenues. The limitations on use contained in the 2000 ballot measure are beginning to constrain Town operations, including critical Police and 911 Emergency Communications operations. Specified Uses The 2000 ballot language specified that these retained moneys were intended only to be used for: “…the purpose of the acquisition, maintenance, repair and replacement of capital projects, including events/recreation facilities, open space, sidewalks, trails, landscaping, street and parking lot construction, storm drainage, and municipal buildings and facilities.” This is referred to as “eligible costs” or “asset maintenance and acquisition activities”, as opposed to “ineligible uses” 1/12/2022 5 Ineligible Uses Police (patrol, investigations and more) 911 Emergency Communications Emergency Management Communications to residents Transit (trolleys and shuttles) Land use planning Workforce Housing initiatives Childcare initiatives Building Safety Outside Entity Funding – including Fire District and local non-profits Visitor Center Events Museum Legislative (Town Board) Town Attorney Municipal Court Town Administrator Town Clerk Finance Functions generally not considered eligible for use of the de-Bruced funding Specified Use Challenges 70% of the General Fund is not considered eligible for use of the De-Bruced revenues 59% of these costs are personnel Beginning in 2023, these ineligible activities will be forced to start reducing costs unless a change is made If no action is taken, the result will be millions in de- Bruced revenues accumulating for eligible purposes while staff positions and services in ineligible functions may need to be reduced and/or eliminated 1/12/2022 6 Proposed Solution Ask voters to remove these restrictions, expanding the eligible uses of the de-Bruced revenues Gives the Town Board the discretion to use the money as needed to remain responsive to the needs of our community No new taxes No tax increase Also has the impact of addressing an infrequently encountered issue, the 5.5% rule: All statutory tax levies ... shall be so reduced as to prohibit the levying of a greater amount of revenue than was levied in the preceding year plus five and one-half percent ("5.5%")... Proposed Ballot Language The proposed ballot language is as follows: WITHOUT INCREASING ANY TAX RATE OR IMPOSING ANY NEW TAX AND IN ORDER FOR THE TOWN TO CONTINUE TO PROVIDE SERVICES AND PUBLIC FACILITIES AND AMENITIES TO ITS CITIZENS, INCLUDING WITHOUT LIMITATION POLICE OPERATIONS, 911 COMMUNICATIONS, EMERGENCY MANAGEMENT, OTHER GOVERNMENTAL SERVICES, AND FOR ANY OTHER LAWFUL PURPOSES, SHALL THE TOWN OF ESTES PARK BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND OR RESERVE ALL REVENUES IT RECEIVES FROM ALL LAWFUL SOURCES INCLUDING WITHOUT LIMITATION PROPERTY AND SALES TAXES, WITHOUT ANY OTHER CONDITION OR LIMITATION, AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND UNDER SECTION 29-1-302(2)(b) OF THE COLORADO REVISED STATUTES AND ANY OTHER APPLICABLE LAW, AND REMOVE ANY LIMITATIONS IMPOSED BY THE NOVEMBER 7, 2000 BALLOT INITIATIVE MEASURE 2A, BEGINNING IN FISCAL YEAR 2022, PROVIDED THAT THE TOWN’S TAX RATES SHALL NOT BE INCREASED WITHOUT FURTHER VOTER APPROVAL? 1/12/2022 7 TABOR REVENUE RESTRICTIONS Questions?