HomeMy WebLinkAboutMINUTES Town Board 2022-03-22Town of Estes Park,Larimer County,Colorado,March 22,2022
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 22nd day of March,2022.
Present:Wendy Koenig,Mayor
Patrick Martchink,Mayor Pro Tern
Trustees Carlie Bangs
Barbara MacAlpine
Scott Weberrneier
Cindy Younglund
Also Present:Travis Machalek,Town Administrator
Jason Damweber,Assistant Town Administrator
Dan Kramer,Town Attorney
Jackie Williamson,Town Clerk
Duane Hudson,Finance Director
Bunny Victoria Beers,Deputy Town Clerk
Absent:Trustee Marie Cenac
Mayor Koenig called the meeting to order at 6:00 p.m.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Webermeier/MacAlpine)to enter into executive
session to discuss a personnel matter -Section 24-6-402(4)(f)C.R.S.,and not
involving:any specific employees who have requested discussion of the matter
in open session;any member of the Town Board;the appointment of any person
to fill an office of the Town Board;or personnel policies that do not require
discussion of matters personal to particular employees -regarding Town
Administrator Annual Evaluation,and it passed unanimously.
The Board entered into executive session at 6:05 p.m.and concluded the executive
session at 6:54 p.m.
Mayor Koenig called the meeting to order at 7:09 p.m.and all desiring to do so,recited
the Pledge of Allegiance.
MOMENT OF REMEMBERANCE -RECOGNIZING THE TWO-YEAR ANNIVERSARY
OF THE DECLARATION OF COVID-19 AS A PANDEMIC (03111/2020).March 11,
2022 marked the two-year anniversary of the World Health Organization declaring
COVID-19 as a pandemic.The pandemic had resulted in over 6 million deaths globally
to date.Mayor Koenig acknowledged a moment of silence to honor and remember
individuals lost during the pandemic.
AGENDA APPROVAL.
It was moved and seconded (Webermeier/Younglund)to approve the Agenda,and it
passed unanimously.
PUBLIC COMMENTS.
Donna Carlson,Estes Chamber of Commerce Executive Director attended a Small
Business Advisory Council meeting organized by Senator Neguse and comprised of
Chamber Executives.Discussions involved major initiatives and concerns for chambers
including supply chain,workforce housing shortage,and a highly stressed and
overworked business community.
TRUSTEE COMMENTS.
Trustee comments have been summarized:Transportation Advisory Board met with
downtown business owners to discuss parking and would hold a special meeting to
Board of Trustees —Match 22,2022 —Page 2
discuss the Fall River Trail expansion;Police Auxiliary held a meeting with a Wildlife
Officer to discuss the upcoming elk calving season and dangers to the unaware public;
Mayor Pro Tern Martchink and Trustee Younglund would hold Family Advisory Board
interviews bringing recommendations to a future meeting;the Comprehensive Plan
Advisory Committee met with the Estes Valley Advisory Planning Cornmittee to discuss
public engagement questions related to the economy,infrastructure,transportation and
health and social issues;and the Estes Park Planning Commission reviewed the
Community Planning Assistance for Wildfire program report recommendations and
would continue discussing zoning and opportunities for increasing housing density.
Mayor Pro Tern Martchink stated younger families are the workforce who provide the
services which improve Estes Park’s quality of life and they are having a harder time
living in Estes Park.He referenced the United States 2020 Census which reflected a
median age of 61 in Estes Park,an increase of 10 years in age compared to 2010.He
stated concerns for the decline in the Estes Park School District enrollment numbers
which dropped from 1,411 students in the 2002/2003 school year to 1,021 students in
the 2020/202 1 school year.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek presented his policy governance report for policies 3.0,
3.1,3.2,3.4,3.5,3.6,3.9,3.10,and 3.11.He reported full compliance.
Town Clerk Williamson reminded citizens ballots were mailed to all active voters who
live within town limits for the regular municipal election on April 5,2022.She stated
voted ballots can be returned by mail,in person at the Clerk’s office or through the new
24-hour ballot drop off box located at Town Hall adjacent to Bond Park.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated March 8,2022,Town Board Study Session Minutes
dated March 8,2022 and Town Board Special Study Session Minutes dated
March 1,2022.
3.Comprehensive Plan Advisory Committee Minutes dated February 10,2022
(acknowledgment only).
4.Reappointment to the Estes Park Board of Adjustment of Francis Holtzman to a
term expiring March 31,2025 and clarify the reappointment of Guy Newsom for a
term expiring March 31,2024.
5.Reappointment of Janene Centurione and Howard Hanson to the Estes Park
Planning Commission for terms expiring March 31,2028.
6.Acceptance of Town Administrator Policy Governance Monitoring Report.
It was moved and seconded (Webermeier/Younglund)to approve the Consent
Agenda,and it passed unanimously.
It was moved and seconded (Younglund/MacAlpine)to move the Report and
Discussion Item,Utility Lockbox Go Live Notification to be heard prior to the
Action Items,and it passed unanimously.
REPORT &DISCUSSION ITEMS:
1.UTILITY LOCKBOX GO LIVE NOTIFICATION.Director Hudson stated the
Finance Department would implement a new utility billing lockbox for bills due
April 5,2022.The change improves efficiencies and rebalances workloads with
minimal impacts to customers.Lockbox service fees in the amount of $40,000 for
2022 has been budgeted.Staff anticipates between a $3,000 to $4,000 monthly
charge,depending on the volume of payments received through the lockbox.No
Board discussion occurred.
Board of Trustees —March 22,2022 —Page 3
ACTION ITEMS:
1.ORDINANCE 02-22 AMENDING TITLE 5 OF THE ESTES PARK MUNICIPAL
CODE REGARDING VACATION HOME BUSINESS LICENSE FEES AND
ESTABLISHING A RELATED ENTERPRISE.Mayor Koenig opened the public
hearing.Town Clerk Williamson stated discussions to review a use tax or a fee
on vacation home rentals,more specifically to address the impact on workforce
housing,began in June 2021.It was determined by the Board to fund a fee study
and a consultant,Root Policy Research,was identified in the fall of 2021.Several
study sessions were held to review the methodology and draft reports.On March
8,2022,the Board directed staff to draft an ordinance with specific requirements
to establish a vacation home workforce housing regulatory linkage fee and the
associated enterprise fund to collect revenues and expend funds to support the
Town’s workforce housing programs and policies.She prefaced the ordinance
would impose a fee on vacation homes or short-term rentals as identified in the
Municipal Code who rent their property for less than 30 days,not for owners who
own second homes which they do not rent out as short term rentals.Town
Attorney Kramer noted a few minor inclusions into the ordinance,including a
statement which specifically allows the owners to pass along the fee to their
customers;development of an enterprise structure to account for the fee
revenues to ensure the funds would be used for the purposes set forth in the
ordinance,and a narrow exception for outlying commercial zoned specific homes
where the home was not converted from residential use to a vacation home or
would not have been able to be created as residential living at that time.
Members of the public speaking against the proposed ordinance included:Steve
McCrane/County citizen,Eric Blackhurst/Town citizen and Chairman of the
Housing Authority,Robert Galyan/County citizen,Becky Robbins/Town citizen,
Suzy Blackhurst/Town citizen,Dana Kramer/Town citizen,Gordon
Ulrickson/Town citizen,Lindsay Lamson/County citizen,Bob Fixter/Town citizen,
Tom Shepherd/Town citizen,Bill Kiefer/Town citizen,Liz Mulhern/Town citizen,
Steve Keller/Town citizen,Scott Thompson/County citizen,Laura
Campbell/County citizen,Donna Carlson/County citizen,Rich Chiappe/County
citizen,Kristine Hodges/Town citizen,Eunice Doctor/Town citizen,Karen
Thompson/County citizen,Carl Merry/Town citizen,Bill Brown/Town citizen,Eric
Lund/Town citizen,Reem Ghalib/Town citizen,Jim Meek/Texas citizen,
Dominique Hawn/Town citizen,Nathan Welton/County citizen,and Jason
Mitcham/County citizen.Comments have been summarized:Utilizing funds from
HB221117 to infuse money into the community;concerns for charging one
segment of the community to address an issue which impacts the whole
community;short term rentals support the workforce;interest was stated for an
increase to the lodging and accommodations tax or a separate tax established by
the voters;land acquisitions and public and private partnerships;increase in fees
can be seen by the renter which may result in less bookings;questioned why
second home owners not renting out their homes were not included in the study;
exploring additional opportunities to partner with the Housing Authority;gaining
more community input before instituting a fee;and concerns were heard
regarding the data research,its comprehensiveness,and a lack of an established
plan for the new funds.
Laurie Dale Marshall/Town citizen stated concern with the lack of long-term
housing and has been forced to move because her residence was being
converted to a short-term rental.She was in favor of Ordinance 02-22.
It was moved and seconded to approve Ordinance 02-22 (Martchink/Bangs)
and a substitute motion was made.
A substitute motion was moved and seconded (Koenig/Webermeier)to
indefinitely postpone the vacation home regulatory linkage impact fee
described in section 5.20.120 of the Estes Park Municipal Code and
establishing a related enterprise,and after further discussion the motion failed
Board of Trustees —March 22,2022 —Page 4
with Mayor Pro Tern Martchink and Trustees Bangs,MacAlpine and Younglund
voting “No”.
Board comments have been summarized:Estes Park has a unique economy
derived from tourists and tourism;it was reiterated the ordinance would establish
a fee not a tax;implementation would not occur until 2023;short term rentals are
a key economic driver for the Town;the established cap has been working to
reduce the number of rentals in residential zone districts;Board policy outlines
fund spending;the ordinance would be part of a multi-prong approach to address
workforce housing needs;establishing a fee would create a real opportunity to
make impactful positive change;it was stated the Housing Authority has provided
different action items for addressing housing needs and is a partner with the
Town;it was noted,the 2016 Housing Needs Assessment identified 2000 people
who were lacking homes in our community;interest was heard for more
information related to the HB221117 and opportunities associated;placing a fee
would cause an undue burden on in town short-term rentals;additional research
was requested to review every entity which benefits from work force housing and
find comprehensive financial participation;lack of housing has been and
continues to be a problem and the nexus exists,not zero;establishing a Task
Force to advance recommendations developed by the Task Force,taking into
consideration the comments provided by the public on the ordinance;questioned
whether short term rentals pay commercial property tax,and the possibility of a
tiered fee could be imposed versus a single fee.
After further discussion the original motion to approve Ordinance 02-22,passed
with Mayor Koenig and Trustee Webermeier voting “No”.
A motion was moved and seconded (Webermeier/Martchink)to continue the
meeting past 10:00 p.m.,and the motion passed with Trustee Webermeier
voting “No”.
2.RESOLUTION 27-22 SUPPORTING THE TABOR BALLOT ISSUE #3A.Town
Administrator Machalek stated the Town has two ballot questions and one ballot
issue regarding TABOR.A resolution of support has been approved for past
issues to encourage support for an item.Questions were raised regarding the
date the item was added to the agenda.Town Attorney Kramer stated there were
no process or legal issues moving the item forward.After further discussion,it
was moved and seconded (Martchink/Webermeier)to approve Resolution 27-
22,and the motion passes with Mayor Koenig abstaining.
Whereupon Mayor Koenig adjourned the meeting at 10:22 p.m.
B Ict’ria Beers,eputy Town Clerk