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Home My WebLink AboutMINUTES Town Board 1998-10-27/Town of Estes Park,Larimer County,Colorado,October 27,1998 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 27th day of October,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:Rich Widmer,Town Administrator Vickie O’Connor,Town Clerk Gregory A.White,Town Attorney Mayor Dekker opened the meeting at 7:30 p.m.and introduced Rooftop Rodeo President Gary O’Connor and Special Events Director Linda Hinze who acknowledged receipt of the 1998 Cowboy’s Choice Award for the Rooftop Rodeo Committee presented by the Mountain States Circuit.This is the fourth award the Committee has earned for the past five years,out of a field that includes such large events as Cheyenne Frontier Days,Greeley Stampede,etc. President O’Connor commended the Town Board,local merchants and accommodations for their support. PUBLIC COMMENT: Patrick Cipolla stated that at the previous Town Board meeting, he requested an immediate moratorium on zoning changes and annexations until new zoning laws have been established.The Town’s response is illogical.A moratorium,at a minimum,is a temporary solution to a long standing problem,and at a recent EVPC meeting,Commissioner Disney encouraged EVPC members to follow the Comp Plan.Mr.Cipolla urged the Board to act on his request.Mayor Dekker expressed the Board’s appreciation to Mr. Cipolla for his comments,adding that any conclusions on the zoning regulations will be made public when appropriate. TOWN BOARD COMMENTS: Pursuant to Wendell Amos’presentation concerning expansion of the Larimer County Weed District at the last meeting,Trustee Mix presented a Resolution of Support and moved it be adopted. Attorney White read Resolution #17-98 supporting Larimer County Referred Issue 1A for the expansion of the Larimer County Weed Control District and associated mill levy increase from .142 mills to .190 mills.Trustee Marshall seconded the motion. Trustee Baudek stated,that while he is not in favor of creating more districts,this issue is clearly needed to help prevent additional damage.The motion passed unanimously. CONSENT CALENDAR: 1.Town Board Minutes dated October 13,1998. 2.Bills. Board of Trustees -October 27,1998 -Page 2 3.Committee Minutes: A.Public Works,October 15,1998: 1.Approval of Change Orders for the following projects:Big Horn,Phases I and II,Big Thompson,and Devil’s Gulch,for a total budget expenditure of $10,683.50. 2.Approval of H.T.E.Fleet Management System,for a total budget expenditure of $32,000.00. 3.Approval of Flow Meter for Glacier Water Plant Rehab Project,for a total budget expenditure of $6,000.00. B.Community Development,October 22,1998: 1.Museum:Acceptance of Construction Bid for restoration of Cobb-Macdonald Cabin —total budget expenditure of $7,500.00. It was moved and seconded (Mix/Jeffrey)the Consent Calendar be approved,and it passed unanimously. ACTION ITEMS: 1.Presentation of Year 2000 Issues relating to the Electric Industry -Thaine Michie and Mike Dahl/Platte River Power Authority.PRPA General Manager Thaine Michie and Mike Dalil/Manager of Operations expressed their appreciation to the Board of Trustees for their support,and commented that PRPA is celebrating their 25th year—PRPA’s income is up and expenses are down.Mr.Dahi gave a presentation on Y2K Issues,giving an overview of PRPA’s initiative on determining,testing,and solving potential compliance issues.PRPA has established 4/1/99 as their goal for compliance,and staff is confident they will meet their goal.Brief discussion followed on the “national grid”and how the grid affects Estes Park,growth,the recently installed fiber optics system,and the SCADA system.Mayor Dekker thanked Messrs.Michie and Dahl for their presentation,wishing Thaine well on his upcoming retirement. 2.Presentation of Talmey Drake Community Survey Results -Paul Harstad.Administrator Widmer introduced Paul Harstad of Talmey Drake.This is the fourth survey conducted by Talmey Drake,and Mr.Harstad,and his colleague Amy Hainer, presented survey results gathered between 8/24/98 and 9/3/98 from 405 Estes Valley residents.Specific survey results for each question were reviewed.As the Town has opted to conduct this survey on a regular basis,Talmey Drake has compiled a significant data base of actual information. Respondent information:9%have lived in Estes Park less than 2 yrs.,19%between 2—5 yrs.,21%between 6—10 yrs., 26%between 11—20 yrs.,15%between 21—30 yrs.,and 8%over 30 yrs.Quality of life,growth,housing,and parking were the “volunteered”top issues facing Estes Park.The large screen theater was opposed as well as relocating Town/Police offices.Of those respondents that either called or visited Town Hall to ask a question and discuss a problem (35%),the rate of responsiveness was:35%excellent,33%good,18% fair,and 14%poor.Copies of the complete survey will be available in the Administrative Office and Public Library. The Mayor acknowledged receipt of the survey results, expressing the Board’s appreciation for the thorough presentation. Board of Trustees -October 27,1998 -Page 3 3.Ordinance #20-98 -Short Term Rentals.Mayor Dekker acknowledged the meeting held September 24th where testimony was offered by the public,and Attorney White gave a historical perspective on how the ordinance was prepared. In the mid 80’s,the Town hired a professional consultant and amended the Zoning Code.Numerous public hearings were held,recommendations were made,the Code was drafted,and, following additional hearings,recommendations were forwarded to the Planning Commission and Town Board.At no time were there any discussions concerning short term rentals.In a private discussion,Attorney White noted that Planning Commission Chairman Sager confirmed his (White’s) recollections.Short-term rentals were not discussed until recently,staff believes that the definition for transient rentals is where nightly rentals should be placed—under the Commercial accommodation definition.Local realtors challenged the definition based on their opinion that the definition of a dwelling unit was different than an accommodation with a kitchen;as the dwelling unit definition was removed from the commercial accommodation, nightly rentals could not be restricted. Trustee Baudek noted that the ordinance presented this evening contained the latest revisions;however,he prefers the original business license fee of $50.00 for five units or less in lieu of the proposed fee of $150.00.Trustee Baudek based his suggestion on a reasonable fee on existing fees for accommodation units ($150.00 for 1—5 units) Trustee Barker disagreed stating that he preferred the unbiased fee of $150.00 currently assessed to accommodations with no more than 5 units,as the rentals would be operated as a business,generating income—all would be treated equitably.However,should the Board of Trustees desire to revisit the entire business license issue,he would support such review. Attorney White confirmed that the proposed ordinance does include property zoned E-Estate,and that at the present time,there are no restrictions on any property,and adoption of the ordinance would place some restrictions. Trustee Marshall expressed concern with enforcement and in maintaining the residential character of neighborhoods. Trustee Doylen stated that there are many neighborhoods that have covenants in place to preclude this type of use;it is important for residents to communicate with and be civil to each other;in her opinion,the rental of one unit is not the same as a full—fledged B&3 or small accommodation,and a fee of $150 is extremely high.Responding to Trustee Marshall’s question on public input from those residing in the County,Trustee Baudek confirmed that at the public meeting,public comment was split 50/50;however,adoption of the ordinance would only affect those persons residing inside Town limits.Trustee Barker questioned why B&3 operations were being considered differently,and Trustee Doylen questioned how the Assessor views nightly rentals. Attorney White responded that the Assessor views any rental property for more than 14 days to be classified as commercial.Trustee Barker countered that nightly rentals would then be considered a commercial business,and he correlated potential increased public services due to implementation of this ordinance.Mayor Dekker commented that individual neighborhoods can further restrict their areas if the ordinance is adopted.Attorney White clarified land use issues for the entire valley relative to the Board of Trustees -October 27,1998 -Page 4 Development Code,adding that there has been a request that nightly rentals in E-Estate be prohibited as an accessory use.Trustees Mix and Barker supported discussion on this issue being addressed in land use considerations. Attorney White read the ordinance.Trustee Doylen stated that with the exception of the $150.00 fee,she supported the ordinance,adding that the fee was disproportionate. Trustee Barker reiterated what makes the short term rental operations different than any other business?Trustee Baudek moved Ordinance #20-98 be approved with an amended license fee of $50.00,with the understanding that short term rentals will be further reviewed during the overall zoning review.Trustee Doylen seconded the motion,and it passed with the following votes:Those voting “Yes” Trustees Baudek,Doylen,Jeffrey and Marshall.Those voting “No”Trustee Barker and Mix.The ordinance will take effect 1/1/99.Attorney White added that Larimer County does not have legal authority to require business licenses.Mayor Dekker stated that property owners must make application for short term rentals,pay the fee,list the number of bedrooms,and obtain a State Sales Tax license. 4.Town Administrator’s Report: A.The Board reviewed a memorandum dated October from EPURA Executive Director Anderson concerning the Mountain Discovery Center.EPURA has narrowed the search to two firms,and both have the financial capability for this project.Town Administrator Widmer reported that,when all financial feasibility reports are refined,EPURA will prepare a plan to present to the public.Mayor Dekker confirmed that the Town Board is also unaware of the figures,and EPURA has a significant amount of work to do before the Town Board can approve the project.Staff contends that the Talmey Drake survey results on this issue could have been negative due to the lack of public information. B.Acting upon the Town Board’s goal to facilitate “assisted living”,staff will present their findings on the Masonic Lodge proposal to the Town Board for their evaluation. L L1’( Vickie O’Connor,Town Clerk Following completion of all agenda items,Mayor Dekker adjourned the meeting at 9:29 p.m. Mayor