HomeMy WebLinkAboutMINUTES Town Board 1998-04-28Town of Estes Park,Larimer County,Colorado,April 28,1998
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park,Larimer County,Colorado.Meeting held in the Municipal
Building in said Town of Estes Park on the 28th day of April,1998.
Meeting called to order by Mayor Robert L.Dekker.
Present:Robert L.Dekker,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
John Baudek
George J.Hix
Lori Jeffrey
William J.Marshall
Also Present:Gary F.Klaphake,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Dekker called the meeting to order at 7:30 p.m.and US West
Dex Representative Ray filipowicz,Directory Sales Manager,
recognized the Town by presenting an Honorary Recycling Award for
the community’s assistance in contributing 2,385 outdated
directories toward their recycling program.Mayor Dekker
accepted the award on behalf of the community,and congratulated
US West Dex for their prestigious national award from Renew
America.
Mayor Dekker reported on a Smoke-Free County Recognition
presented to the Town Board from the Larimer County Department of
Health and Environment,celebrating contributions to the public’s
health on the 30th Anniversary of the Health Dept.The Town was
honored for their initiative in regulating tobacco products and
unlawful possession or use of such products by minors.
PUBLIC COMMENT:
George Hockman,1625 Prospect Estates Dr.,commented on current
excavation occurring along West Elkhorn Ave.and,in particular,
the need for geologic hazard regulations city-wide.Mayor Dekker
noted the Board’s appreciation to Mr.Hockman for his concern and
comments.
TOWN BOARD COMMENTS:
Trustee Hix reported on his attendance at a Larimer County Parks
and Open Lands Advisory Board meeting,where the Board
recommended granting the following monies from the Open Lands
Fund:$100,000 for the Lake Estes Trail,Phase 3,and $260,000
match toward GoCo and Wetlands Initiative Grant monies for the
purchase of the Smitherman Ranch Property.The Estes Valley Land
Trust is the sponsoring party for the Ranch acquisition and
closing is expected June 1st•
CONSENT CALENDAR:
1.Town Board Minutes dated April 14,1998.
Board of Trustees —April 28,1998 -Page 2
2.Bills.
3.Committee Minutes:
A.Public Safety,April 16,1998 —Approval:
1.Bond Park Campfires.
2.Resolution #6—98 Designating the Estes Park
Volunteer Fire Dept.as the Emergency Response
Authority for hazardous substance incidents within
Town limits.
3.Public Works,April 23,1998 —Approval:
1.Retaining Wall Project,Fall River Estates/Deer
Mountain Road -Expenditure of Funds.
2.Portion of 1998 Street Improvement Project -
Expenditure of Funds.
3.Glacier Creek Water Treatment Plant Improvements
Scope of Services —Expenditure of Funds.
4.Dump Truck Body Repair on Two Trucks -Expenditure
of Funds.
5.Purchase of Paint Striper -Expenditure of Funds.
6.Purchase of Pick—Up Truck for Water Dept.-
Expenditure of Funds.
C.Planning Commission,April 21,1998 (acknowledgment
only).
Trustee Baudek removed Public Works Item #6 from the Consent
Calendar to discuss “vehicle color.”
It was moved and seconded (Hix/Barker)the consent calendar,with
the exception of Public Works Item #6 be approved,and it passed
unanimously.
Public Works Item #6.The Public Works Committee determined
that it would be beneficial to select one uniform color for
all Town vehicles (excluding Police vehicles),and requested
staff submit a recommendation.Public Works Director
Linnane reported that the Fleet Supt.visited with all
Departments,and staff is recommending a dark blue vehicle
color.Staff cautioned that each manufacturer’s “dark blue”
paint may vary,however,the color will be similar.It was
moved and seconded (Hix/Marshall)that all Town vehicles,
with the exception of Police vehicles,purchased from this
point forward,be dark blue,and it passed unanimously.It
was also moved and seconded (Baudek/Barker)the low bid in
the amount of $18,196 with trade-in submitted by Dellenbach
Chevrolet lie accepted,and it passed unanimously.
ACTION ITEMS:
1.Ordinance #8-98 Adding Section 9.08.080 Third Degree
Assault,and Section 9.08.090 Harassment to Municipal Code.
Police Chief Repola reported that the Public Safety
Committee recommended approval of this Ordinance,which
follows state statute.Approval will allow these cases to
appear in Municipal Court in lieu of Loveland/Ft.Collins;
however,County Court will remain an option for staff.Town
Attorney White read the Ordinance,and it was moved and
seconded (Doylen/Hix)Ordinance #8-98 be approved,and it
passed unanimously.Trustee Doylen noted that Municipal
Judge Brown has been very responsive to the additional
workload that has been referred to the Municipal Court.
Board of Trustees —April 28,1998 -Page 3
2.Ordinance #9—98 Vacating a Sewer Easement,Arapaho Estates,
2 Filing.Public Works Director Linnane addressed the
sewer easement and subsequent vacation Ordinance.Town
Attorney White read the Ordinance,and it was moved and
seconded (Hix/Barker)Ordinance #9-98 be approved,and it
passed unanimously.
3.Vacation/Short-Term Rentals.Town-Attorney White briefed
the Trustees on the history of allowing vacation/short—term
rentals except for Commercial Accommodation businesses.
Attorney White confirmed that,should the Town Board so
desire,language must first be written for the Municipal
Code to preclude property owners from renting their property
for less than thirty days.When requested his opinion as to
the intent of current language (Chapter 5.20.010 (1.))of
the Municipal Code regulating short—term rentals,Attorney
White stated that short—tern rentals were to be prohibited.
Staff confirmed that this item was referred to the Planning
Commission and they subsequently commissioned a study,
therefore a survey was conducted.Ed-Venture Associates,
Inc.had submitted their survey results which were mixed—as
other municipalities,including Larimer County,find
themselves in a similar predicament.For the Town,short-
term rentals are currently enforced on a complaint basis.
The Planning Commission has now recommended Attorney White
prepare an ordinance—prohibiting short—term rentals in
residential zones (this recommendation was not unanimous)
Administrator Kiaphake noted that pursuant to the ensuing
summer season,the following options are available:(1)
continue as in the past,directing the Estes Valley Planning
Commission to address this issue,(2)issuing a moratorium,
and (3)adopt a new Ordinance regulating particular zones.
If the Town Board desires to regulate this use,it was
recommended public hearings be conducted by the Planning
Commission and Town Board.
The Trustees discussed:semi-moratorium;grandfathering
options in certain zones;reservations (bookings)that have
already been confirmed;covenants that may be in place;and
sales tax collection/remittance.
Trustee Doylen noted correspondence received with concerns
identified in support and in opposition to short—term
rentals.In a letter from the Larimer County Commissioners,
the Board recommended that the EVPC identify short-term
rentals as a work program element of the new code endeavor
and,further,that a community task force of 5—6 citizens
representing both the rental industry and concerned property
owners be appointed by the EVPC as an advisory group.The
group’s mission would be to identify the issues,explore
solutions and make recommendations to the EVPC regarding any
proposed regulatory changes regarding short—term rentals.
Citizen testimony opposing short—terms rentals was heard
from:Howard Speer,Fall River Estates,Carol
Bissell/President,North End Property Owners Assn.,Dominick
Taddonio,Windcliff Estates,Terry Parenti,McGraw Ranch
Road,and Wally Betts,Windcliff Estates.
Board of Trustees —April 28,1998 -Page 4
Citizen testimony in favor of short—term rentals was heard
from:Tom Melton,321 Big Horn Dr.,and Brad Dement/Property
Manager,Windcliff Estates.
Al Sager/Chairman,Planning Commission,urged the Trustees
to accept the Planning Commission recommendation of drafting
an ordinance to prohibit short—term rentals in residential
zones.
Concluding all discussion,it was moved and seconded
(Doylen/Jeffrey)the Planning Commission recommendation be
rejected as the EVPC will review short—term rentals and give
direction through the Comprehensive Plan,and it passed
unanimously.The Board confirmed that staff has no
enforcement responsibility on this issue for the summer of
1998.Administrator Kiaphake confirmed that the short—term
rental issue will run parallel to the Comprehensive Plan and
not deter the Comp Plan adoption process.
4.E-Mail and Internet Use Policy.Administrator Kiaphake
reported on an E-Mail and Internet Use Policy prepared and
recommended by the Town’s Technical Committee.
Administrator Klaphake commended Peter Marsh for his
contributions to this Policy.It was moved and seconded
(Hix/Marshall)the E-Mail and Internet Use Policy be
approved,and it passed unanimously.
5.Liquor Licenses:
A.American Legion Post 119 -Special Event Liquor Permit
Application,June 26 &27,and September 12,1998.It
was moved and seconded (Hix/Barker)the Special Event
Permits be granted,and it passed unanimously.
B.Estes Valley Sunrise Rotary -Special Event Liquor
Permit Application,June 20 &21,September 26 &27,
1998.It was moved and seconded (Hix/Baudek)the
Special Event Permits be granted,and it passed
unanimously.
6.Town Administrator’s Report:
A.State Representative Kaufman has advised that the Joint
Estes Valley Board of Adjustment Bill has passed the
Senate and House and has moved on to the Governor.
This joint board will create a sidearm to the Estes
Valley Planning Commission which should eliminate
applicants being required to appeal to two separate
bodies.Attorney White expressed his appreciation to
Representatives Kaufman and Matsunaka for their
assistance on this bill,adding that Estes Park is
fortunate to have these elected officials representing
Estes Park as they are very effective.
B.Election Clarification.Clerk O’Connor clarified the
issue of “write—in”candidates stating that:(1)to
become an official write-in candidate,a resident must
file a Write-In Candidate Affidavit within 20 days of
an election (Ordinance #20—91);(2)as there were no
Affidavits filed,the ACCU—VOTE program was written to
disregard any write-in candidates;and (3)any ballot
containing a write—in candidate was counted if the
Board of Trustees —April 28,1998 -Page 5
ovals were filled—in for any of the official
candidates,and/or the ballot question.
Administrator Kiaphake requested an Executive Session to discuss
land negotiations.It was moved and seconded (Hix/Barker)the
Board of Trustees enter Executive Session as requested,and it
passed unanimously.Staff reviewed those items that are allowed
for discussion under Executive Session pursuant to State Statute,
such as land negotiations,personnel,litigation,attorney/client
matters.In addition,the Town Board does not take any action
during said Executive Sessions.
Following completion of all
the meeting at 9:25 p.m.to Executi
I
Vickie O’Connor,Town Clerk
Session.
Dekker adjourned
L.Dekker,