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HomeMy WebLinkAboutPACKET Town Board 2017-02-14The 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, February 14, 2017 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 24, 2017 and Town Board Study Session January 24, 2017. 2. Bills. 3. Committee Minutes. A. Community Development/Community Services Committee Minutes dated, January 26, 2017. B. Audit Committee Minutes dated January 30, 2017. 4. Estes Valley Board of Adjustment Minutes dated January 10, 2017 (acknowledgement only). 2. REPORTS AND DISCUSSION ITEMS (Outside Entities): 1. LARIMER COUNTY COMMUNITY REPORT. Commissioner Donnelly. Prepared 02/03/17 * Revised 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP #5, The Meadow Condominiums, 2758 & 2764 Kiowa Trail, Marys Meadow Development, Inc./Applicant. Planner Gonzales. 4. ACTION ITEMS: 1. FORMATION OF A FAMILY ADVISORY BOARD. Assistant Town Administrator Machalek. 2. ORDINANCE #04-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE §12.16.010 STREET NAMES-MAP GENERALLY, TO ADDRESS REGULATIONS REGARDING DISPLAY, INSTALLATION AND MAINTENANCE OF OFFICIAL STREET-NAME SIGNS IN THE TOWN OF ESTES PARK. Director Hunt. 3. TEMPORARY ENFORCEMENT POLICY FOR VACATION HOMES. Director Hunt. 4. POLICY #501 VISITOR CENTER RETAIL SALES AND DISPLAYS. Manager Salerno. 5. ORDINANCE #05-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE §12.20.070 ACTS PROHIBITED ON SIDEWALKS, TO ADDRESS TEMPORARY SIDEWALK ART. Assistant Town Administrator Machalek. 5. ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, January 24, 2017 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 in said Town of Estes Park on the 24th day of January, 2017. Present: Mayor Todd Jirsa Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Tami Doering, Recording Secretary Absent: None Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. Stan Black/Rocky Mountain Performing Arts Center Board member introduced Al Malano, the new Executive Director of the Performing Art Center. Mr. Malano stated organizing of the latest campaign has started and in 4-5 months would have an important campaign for fundraising. Local citizen Michelle Highland voiced concerns on the operation of Visit Estes Park and the organizations unwillingness to share information with the public. She further stated the Town should investigate the operations as the Board appoints 5 of the 7 VEP Board members. TRUSTEE COMMENTS. Trustee Martchink reported the Park Advisory Board reappointed Celine LeBaeau and Merle Moore as Chair and Co-Chair; continue organization of the upcoming Mountain Festival to be held April 28-29th; investigating locations for concrete ping pong tables, Pika’s in the Park would move forward with the installation at 12 locations and the development of a brochure listing locations; the PAB unanimously recommended the sidewalk chalk art ordinance; pedestrian tunnel under 36 will have new lighting installed; projects for the River Walk include the potential of piping in music, tile work, center striping to be updated, and animal foot prints added along with concrete bicycle dismount decals; electric utility box artwork under consideration with four to be completed this year by local artists Trustee Norris stated the Estes Valley Planning Commission heard a presentation on tiny houses at their January meeting. Discussion focused on use and regulations, a partial solution to address seasonal work force housing and recommendations requested. Trustee Walker reported on the Western Heritage Committee stating their new theme of “Get on Your Horse and Ride”; Cathy Elerman appointed treasurer, and the committee’s bylaws are under review. Rodeo Royalty was involved for the first time with the Fantasy Flight which involved children from Children’s Hospital. The Rodeo Committee is working on a grant to promote tourism and to achieve positive cash flow. Visit Estes Park Board has two new members with the appointment of Charley Dickey by the Town 3 Board of Trustees – January 24, 2017 – Page 2 and Dave Ciana by the Larimer County Commissioners. He reminded the public of the upcoming Community Development/Community Services meeting on January 26, 2017 in which a discussion of amending the street sign code would be heard. He announced Michael Moon would be joining the newly formed Estes Valley Child Care Committee. The Event Center continues to attract new events, including a Journey Tribute Band, The Greatest Race on Earth, the Pinewood Derby and the 8th grade job fair. Mayor Jirsa attended the Northern Colorado Regional Tourism Committee meeting. A decision was made to continue this committee, with Mayor Gutierrez leading the committee. Mayor Pro Tem Koenig attended the Estes Park Sister City Association celebration at the Other Side Restaurant which was well attended. The organization plans to complete two trips this spring and a possible trip next year to Monteverde, Costa Rica. Trustee Nelson attended the Estes Valley Partners for Commerce dinner with Trustee Holcomb and Town Administrator Lancaster and the Mayor who spoke at the event. He stated the Larimer County Open Lands Advisory Board would meet on January 26, 2017. Trustee Holcomb reported the Transportation Advisory Board held their meeting on January 20, 2017 with several members from the Eagle Rock School in attendance. TOWN ADMINISTRATOR REPORT.  Policy Governance Report – Town Administrator Lancaster reported compliance with the financial budgeting in maintaining a 20% fund balance and projecting compliance at year end. In October 2016, the Board requested a contingency plan be completed. Staff continues to work on the plan, therefore, resulting in partial compliance with Policy 3.3.6 and full compliance in all other policies.  Fish Hatchery Property Update – The Board requested a review of the RFP to develop work force housing on site. It was decided to wait until the Hydrology study is presented on February 27, 2017 to continue work on the RFP because the results could have a significant impact to the design. The Board questioned what would be included in the preliminary guidelines for the RFP. Staff stated the guidelines would include transportation, transit, and auxiliary support services for work force housing, such as child care. . CONSENT AGENDA: 1. Town Board Minutes dated January 10, 2017 and revised Town Board Minutes dated December 15, 2016. 2. Bills. 3. Committee Minutes – None. 4. Transportation Advisory Board Minutes dated December 21, 2016 (acknowledgement only). 5. Parks Advisory Board Minutes dated December 16, 2016 (acknowledgement only). 6. Estes Valley Board of Adjustment Minutes dated December 6, 2016. (acknowledgement only). 7. Estes Valley Planning Commission Minutes dated December 20, 2016 (acknowledgement only). 4 Board of Trustees – January 24, 2017 – Page 3 8. Engagement Letter with CliftonLarsonAllen LLP to complete the 2016 Audit. 9. Revised Policy 102. 10. Town Administrator Policy Governance Compliance Report. It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS (Outside Entities): 1. MUNICIPAL COURT ANNUAL REPORT. Judge Brown provided a review of the municipal court activities during 2016. He stated the court’s jurisdiction is limited to affairs that occur in the limits of Estes Park and held the first and third Wednesday nights of every month. Municipal Court was decriminalized requiring no jail time, fines are assessed up to $2600, and warrants are issued for failure to appear. The number of cases are down for 2016 and revenue generated from parking tickets varies from year to year. 2. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Sidles, Public Affairs Officer Patterson, and Transportation Planner Cole, provided an update on Park activities, stating visitation increased 32% over the last two years and 40% over the last 4 years. Last year vehicle numbers increased and restrictions were in effect for Bear Lake, the Wild Basin Entrance and the Alpine Visitor Center. The increase in traffic has led the Park to begin an intensive review of the issue and employ the services of a National Park Transportation Planner to develop a strategy to address issues. Transportation Planner Cole observed traffic for a three month period, looking at issues such as spikes in visitation and how other National Parks are dealing with similar issues. Superintendent Sidles stated the Park continues to address visitation and traffic issues in a manner that provides the best visitor experience while maintaining the resources of the Park for future generations. Some of the possible mechanisms for addressing issues include short term restrictions, a reservation or booking entry system, federal funding, and press releases to encourage visitors to avoid peak times. Questions were asked regarding additional shuttles or providing additional parking in the Park. Superintendent Sidles responded increased shuttles would add to the congestion and increasing the size of parking lots would not preserve the footprint of the Park. 3. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP FROM CABLES ESTES, LLC DBA CABLES PUB & GRILL TO UNCLE STUBBY’S PUB LLC DBA COUSIN PAT’S PUB & GRILL, 451 S. ST. VRAIN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the application to transfer the current Hotel and Restaurant liquor license. All required paperwork and fees were submitted and a temporary was issued on January 6, 2017. Patrick Beard/Applicant stated TIPS training would be completed February 6, 2017. It was moved and seconded (Holcomb/Koenig) to approve the Transfer of Ownership from Cables Estes, LLC dba Cables Pub & Grill to Uncle Stubby’s Pub LLC dba Cousin Pat’s Pub & Grill, 451 S. St. Vrain Avenue, Hotel & Restaurant Liquor License, and it passed unanimously. 4. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: 5 Board of Trustees – January 24, 2017 – Page 4 A. RECONSIDERATION OF PRENDERGAST RESUBDIVISION ANNEXATION RESOLUTION #02-17 AND ORDINANCE #01-17. Mayor Jirsa opened the public hearing. Planner Gonzales reviewed the annexation applicant which was presented at the Town Board meeting on January 10, 2017 and was approved as presented. Since the approval, Van Horn Engineering discovered an error in the legal description. Per Colorado State Statutes, the correct legal description is required for the annexation to be legal. Resolution #02-17 and Ordinance #01-17 have been updated with the correct legal description. Hearing no public comment, Mayor Jirsa closed the public hearing. Town Attorney White read Resolution #02-17 and Ordinance #01-17. It was moved and seconded (Koenig/Holcomb) to approve Resolution #02-17 and Ordinance #01-17, and it passed unanimously. B. TERMINATION OF SPECIAL REVIEW & DEVELOPMENT PLAN SR 2016-01. Special Review and Development Plan SR 2016-01, Metes and Bounds Parcels, 1665 Highway 66, Lazy B Ranch & Wranglers. Mayor Jirsa opened the public hearing. The application was approved by the Town Board on July 26, 2016. Attorney White recommended, based on the affidavit on file, to approve the withdrawal of the application, terminate the approval of the special review approval, and instruct Attorney White to seek dismissal of the lawsuit. As there was no public comment, Mayor Jirsa closed the public hearing. It was moved and seconded (Holcomb/Norris) to approve the withdrawal of the Special Review 2016-01 Lazy B Ranch & Wranglers, terminate the approval of the application by the Town Board on July 26, 2016, and direct Attorney White to seek dismissal of the lawsuit, and it passed with Trustee Walker abstaining. C. ORDINANCE #02-17 REZONING FROM RM-MULTI-FAMILY RESIDENTIAL TO E-1 ESTATE Lot 2A, Block 1, Fall River Estates, 1551 David Drive, Gary Beels/Applicant. Mayor Jirsa opened the public hearing. Planner Gonzales reported the subject area, currently part of an Amended Plat process, would transfer the portion proposed to be rezoned from Lot 3 to Lot 2 leaving the lot with split zoning if the rezoning does not occur. Split- zoning, while technically acceptable, does not lend to best practice in land- use and potentially causes regulatory complications. Lot 2 currently contains a single-family home with adequate existing services and facilities. Approval of the staff level Amended Plat would incorporate the proposed E- 1 Estate rezoning area into Lot 2 with the approval of the application. As there was no public comment, Mayor Jirsa closed the public hearing. Town Attorney White read Ordinance #02-17. It was moved and seconded (Holcomb/Norris) to approve Ordinance #02-17, and it passed unanimously. D. ORDINANCE #03-17 REZONING FROM CO-COMMERCIAL OUTLYING TO A-ACCOMMODATIONS A portion of Lot 2A, Beaver Point Heights, 915 Moraine Avenue, Flatirons Hospitality/Applicant. Mayor Jirsa opened the public hearing. Planner Gonzales reported the request would rezone a portion of Lot 1 from CO-Commercial Outlying to A-Accommodations. The subject area is currently part of an Amended Plat process that will transfer the portion proposed to be rezoned from Lot 1 to proposed Lot 2A. The result will mean that Lot 1 will be split zoned until the metes and bounds area is zoned to A-Accommodations. The western five lots (Proposed Lot 2A) are fully developed with multiple buildings making up the Alpine Trail Ridge Inn and is adequately served by existing services and facilities. Approval of the Staff Level Amended Plat will incorporate the subject rezone area into proposed Lot 2A which would be zoned entirely A- 6 Board of Trustees – January 24, 2017 – Page 5 Accommodations if this rezoning application were to be approved. As there was no public comment, Mayor Jirsa closed the public hearing. Town Attorney White read Ordinance #03-17. It was moved and seconded (Holcomb/Koenig) to approve Ordinance #03-17, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8:41 p.m. Mayor Jirsa Tami Doering, Recording Secretary 7       8 Town of Estes Park, Larimer County, Colorado January 24, 2017 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 24th day of January, 2017. Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb, Martchink, Nelson, Norris and Walker Attending: All Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Town Attorney White, Director Hunt, Manager Fraundorf and Town Clerk Williamson Absent: None Mayor Jirsa called the meeting to order at 4:34 p.m. UPDATE ON BOARD OPERATIONS. Dallas Everhart/Consultant stated after meeting with the entire Board to discuss the operations of the Board of Trustees, it was clear the members are committed to operating as a team, and everyone was positive and encouraging. He recommended the Board consider a meeting to discuss communication amongst the Board to establish a foundation in which the Board can then discuss values and lastly policy governance. The Board can operate more effectively as a team if the Board starts with an authentic discussion on how it operates. Board discussion followed and has been summarized: review policy governance and how it has been interrupted; the policies developed are good but should be reviewed together as a Board to understand respective roles; beginning with a discussion on communication would benefit the Board and then establish procedures; would recommend the entire Board meet in the future after an election to review the policies of the Board; the Board needs to develop a policy on reviewing the established policies; questioned if Policy 1.4 should be followed by new members or should it be changed with the individual serving as mayor; polices are in place when individuals ran and were elected to office and thereby set the operating parameters; and the Board should follow the recommendation of Mr. Everhart to ensure the Board becomes a high performing Board. Mr. Everhart would provide additional information for the Board to review prior to scheduling a workshop on communication; send the Board information to complete an Emergenetics survey; and work with the Town Clerk to set up meetings in the next month. VACATION HOMES AND BUILDING CODES. Chief Building Official Birchfield provided an overview of key issues related to the adoption of the 2015 International Building Codes and their impact on existing and future dwellings, vacation homes and hotels. The Board of Appeals recommended maintaining the previous local amendments to exempt one- and two-family dwellings from the automatic fire sprinkler requirements during the adoption process. The Board further recommended the sprinkler requirements be reviewed for vacation homes after the Task Force completed the review and recommendations to the Town Board and County Commissioners. The building codes regulate buildings based on use and not by occupancy. Dwellings used for less than 30 days are regulated differently than those occupied on a longer-term basis, including fire walls, sprinkler requirements, egress, 9 Town Board Study Session – January 24, 2017 – Page 2 etc. The Town exempted all residential use buildings comparable to one- and two- family dwellings from sprinkler requirements with the adoption of the 2009 International Building Codes (IBC). Staff requested direction from the Town Board on how to address the sprinkler requirements for vacation homes with the adoption of the 2015 codes and with the increase occupancy allowed in vacation home, i.e. two per bedroom plus two with no cap. CBO Birchfield commented a definition of a vacation home could be established to outline specific guidelines. He suggested the Town Board may want to consider a tiered approach and consider grandfathering all existing vacation home units, amend the International Residential Code (IRC) to regulate smaller vacation homes under the IRC, regulate larger vacation homes under the IBC, or base tiered requirement on square foot areas. Certificates of Occupancy (CO) were not required prior to the International Codes for one- and two-family dwellings, were specific to use, and a change in use would require a new CO to be issued and an inspection of the dwelling. The Town would also need to reconcile the differences between the Estes Valley Development Code and the IBC as it relates to occupancy of nine and above. Board discussion followed and has been summarized: would not support sprinkler regulations for existing units; would like the change in use to be broadened; definitions for a vacation home and a small hotel should be established; the cost implications to homeowners needs to be understood; establish a clear understanding of the public safety issues; the IRC should be used to regulate smaller vacation homes and IBC for larger homes; regulate vacation homes based on sleeping rooms rather than square footage; and egress should be addressed for vacation homes and perhaps lighted exit signs should be installed. After further discussion, the Board reached consensus to continue the local amendment exempting one- and two-family dwellings, require inspection of vacation homes, and issue Certificate of Occupancy. PUBLIC AVAILABILITY OF TOWN BOARD E-MAILS. IT Manager Fraundorf reviewed the current process for capturing Board emails, both inbound and outbound. The Mayor’s email account has been running the test program with only a few items being captured and displayed that should not have been released. These emails would not have been displayed with the proper education of the public, staff and the Board. Board discussion followed on moving forward with releasing the Board’s emails to the public. Comments have been summarized: Mayor Jirsa stated making emails public would provide a transparent government to its citizens. He further stated the cost benefit analysis outweighs the negatives; Trustee Norris expressed concern for the privacy of the constituents and the possibility of embarrassing them; Trustee Holcomb stated opposition to providing Board emails to the public, and further stated the constituents have a right to confidentiality; Mayor Pro Tem Koenig and Trustee Nelson both agreed to allowing the Board members to opt in or out; Trustee Martchink commented he has not been in favor but would support the option for a Board member to opt in as the citizens and the Board become use to making the emails public; and Trustee Walker supports the idea and would allow his emails to be public. Administrator Lancaster stated staff would begin sending emails through the new process for those Board members that have expressed an interest in making their emails public, continue to review the emails in house to establish guidelines and policies, and begin work with the Public Information Office staff on messaging for the staff and public. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Trustee Martchink stated through a program established by the Estes Park Non-Profit Center and the Library, a youth would be attending future Parks Advisory Board meeting and providing information to the Board. FUTURE STUDY SESSION AGENDA ITEMS. 10 Town Board Study Session – January 24, 2017 – Page 3 Trustee Norris commented the Estes Valley Planning Commission heard a presentation on tiny houses at their last meeting. He requested the Board direct staff to investigate the pros and cons of tiny houses. Director Hunt stated the Commission would review the issue and bring back recommendations for the Board’s consideration. Town Clerk Williamson provided the Board with an overview of the Pride Awards and questioned if the Board would like to continue the scholarship award and the other volunteer recognition awards. The Board consensus was to not continue the awards until clearer guidelines could be established. Administrator Lancaster stated there are several Municipal Code clean up provisions the Police have requested and would like to review with the Board at an upcoming study session. The Board agreed to set it for a future study session. There being no further business, Mayor Jirsa adjourned the meeting at 6:40 p.m. Jackie Williamson, Town Clerk 11       12 Town of Estes Park, Larimer County, Colorado, January 26, 2017 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 26th day of January, 2017. Committee: Chair Walker, Trustees Holcomb and Norris Attending: All Also Attending: Chief Kufeld, Directors Hinkle, Hunt, and Fortini, Manager Mitchell and Recording Secretary Beers Absent: Town Administrator Lancaster and Assistant Town Administrator Machalek Chair Walker called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. CULTURAL SERVICES. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Museum Report – Director Fortini stated during the fourth quarter the museum conducted a collaboration with the Estes Valley Model Railroaders Club and the Estes Valley Library to host an exhibit on the clubs 40th anniversary. The division continues to process donations through accessioning forms and continues to process the large Library collection, with a current focus on hundreds of oral histories. The museum finished a montage display of the 2013 flood oral histories in the form of a 9 minute video narrative, and started a book club event, which garnered a lot of interest with 45 people attending.  Verbal Updates and Committee Questions – Trustee Holcomb questioned the decrease in attendance considering the Town’s increase in visitation, and questioned attendance levels at the Hydroplant. Director Fortini stated the lack of temporary exhibits and resources contributes to low attendance. He added rebranding the Hydroplant would help get the right message out to the public on what that museum offers and would increase attendance.  Collections and Research Facility – The division continues to work with the fundraising committee and the Estes Valley Museum Friends and Foundation Inc. who have raised $430,000 of the $1 million they committed to raising for the facility. COMMUNITY SERVICES. RECOMMENDATIONS TO THE TOWN BOARD. REVISED VISITOR SERVICES RETAIL POLICY. Manager Salerno recommended revising the Visitor Services Retail policy in order to sell Centennial items and contribute to the Knoll Willows Centennial project. She stated visitors consistently request to purchase Town logo items and expect items to be available for purchase at the Visitors Center. The Committee recommended the Visitor Services Retail policy amendment to include the sale of Town logo items be included as an Action Item at the February 14, 2017, Town Board meeting. REPORTS.  Visitor Center Quarterly Report – Manager Salerno stated fourth quarter visitation numbers were up by 60,000 guests and telephone calls were up 5.15%. She added revenue for 2016 was the highest total ever at $47,045, with the second highest year 13 Community Development / Community Services – January 26, 2017 – Page 2 being 2015.  Special Events Update – Coordinator Benes provided an overview of the update. o Tree lighting ceremony was a great success with 800-1200 attendees who were predominantly locals. o Yuletide lighting had approximately 15 families participate. They were able to use local papers and businesses to advertise the event. o Catch the Glow parade hosted 32 floats, all being well received. Visits with Santa were held in the Board room and a free photograph was provided for anyone visiting Santa. o Daily walking at the Events Center has seen approximately 10-15 people each day walking the interior of the Event Center. Numbers have increased in January. o Winter Festival had an attendance of approximately 15,000 people. The Special Events division utilized Groupon for ticket sales this year. Groupon charges a percentage of the revenue from ticket sales but their marketing allows them to target a specific area and demographic, in turn Groupon provides a detailed review of the event. Winter Festival received 4.8 out of 5 stars.  Marketing/Sales Update – Manager Lynch presented a snapshot forecast for the 2017 and 2018 calendar years. The Events Complex would generate $61,000, while the Conference Center would generate $15,000 in forecasted revenue, for a projected total of $80,535 and 48 contracts. Contract negotiations continue for the signing of a Ram Katha event through the Truth Love and Compassion organization. Manager Lynch has created a marketing video tied to her email signature that provides an overview of the Event Center. She continues to attend trade center shows, and attend the Destination Colorado Annual Front Range Trade Show at the Expo Event Center in December 2016 with 388 meeting planners. She added through a lead she booked an educational event at the Conference Center for October 2017 with 300 public teachers for a unique unstructured educational meeting. COMMUNITY DEVELOPMENT RECOMMENDATIONS TO THE TOWN BOARD. AMENDING MUNICIPAL CODE 12.16.010. Director Hunt requested approval for an amendment to the Town’s official street sign procedures and policies. The amendment would standardize requirements for how, when and where official street-name signs are to be displayed in Town, minimizing occurrences in which unofficial signs are displayed. It would also prohibit signs being placed up without approval. Public safety is the main concern for the sign amendment. An emergency type of situation caused a problem when a sign was placed up in an unauthorized capacity. A call into emergency services referencing a location which was not in the official database and a delay in emergency services ensued. The Committee requested a public statement and press release to inform the public of the changes to the code. The Committee recommended the amendment to the Estes Park Municipal Code: 12.16.010, to address regulations regarding display, installation and maintenance of official street-name signs to be included as an Action Item at the February 14, 2017, meeting. REPORTS.  Verbal Updates and Committee Questions – Vacation Rental registration process continues and renewals are in process. The department has made a few adjustments to registration process as it relates to a property having a certificate of occupancy. He stated older homes may not have a certificate of occupancy; however, Larimer County assessor records can confirm if a property has a certificate of occupancy. Host Compliance has shared the first data on vacation homes stating 700 homes are being advertised in the Estes Valley Development Area, including both residential and commercially zoned properties. Host Compliance has been 14 Community Development / Community Services – January 26, 2017 – Page 3 working to compile data on the properties that are not currently registered with the Town and noticing them of the requirement to complete the registration process prior to March 31, 2017. The department would start tracking the 9 and above vacation home rentals on April 1, 2017, and continue to publicize the changes made in December 2016.  Director Hunt stated the department continues the process of filling the Planner I position and anticipates filling the position by the end of February.  Town and County staff are working to produce a work-plan and schedule for the staging of proposed code amendments to the Estes Valley Development Code. Planner Kurtz provided an update on the Hydrology study and anticipates staff would have the report available on the website next week. The department would conduct a Board study session on February 27, 2017 at 2pm and a public presentation following at 6pm with approximately 5 speakers available. The State has been working on updating the floodplain map, and the department would provide a preliminary map in the report presented at the study session. The FEMA mapping process contains a public review and an appeal process before and after the final map. There has been some resistance from the public during the development of the new map. The department has made sure to meet with engineers to provide a comprehensive solid plan to the public. There being no further business, Chair Walker adjourned the meeting at 9:43 a.m. ___________________________ ___ Bunny Victoria Beers, Recording Secretary 15       16 Town of Estes Park, Larimer County, Colorado, January 30, 2017 Minutes of a Regular meeting of the AUDIT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in the Administration Conference Room in said Town of Estes Park on the 30th day of January, 2017. Committee: Mayor Jirsa, Mayor Pro Tem Koenig, Trustee Holcomb, Town Administrator Lancaster, and Finance Director Hudson, and Assistant Finance Officer McDougall Attending: Mayor Jirsa, Mayor Pro Tem Koenig, Trustee Holcomb, Finance Director Hudson and Assistant Finance Officer McDougall; CliftonAllenLarson LLC representatives Paul Neidermuller and Eric Miller, and Town Clerk Williamson Absent: Administrator Lancaster Mayor Jirsa called the meeting to order at 8:30 a.m. HIGHLIGHT RESPONSIBILITIES OF TOWN STAFF AND AUDITOR UNDER GAAS. Mr. Neidermuller provided a overview of CliftonAllenLarson’s (CLA) responsibilities throughout the audit process, including the expression of an opinion on the Town’s financial statements to ensure they conform with governmental financial standards, communicate significant matters to the Town Board, report deficiencies and irregularities, and provide information on laws and regulations. Significant items such as fraud would be brought to the Board’s attention immediately and not at the end of the audit process. He reminded the Committee the audit completes a sampling of transactions and does not provided a 100% review of all transactions completed during the audit year. AUDIT PROCESS AND RISK FACTORS. CLA would perform a risk assessment based on internal and external factors, review Town systems and controls, and perform a single audit based on the Town’s major programs in 2016. Discussion was heard on areas the Committee would like to address in the upcoming audit for 2016. The Committee requested CLA review accounts and funds with the highest risk of fraud such as credit cards and petty cash, accurate accounting of revenues, inventory procedures, and disposal of equipment and assets of the Town. Mr. Miller reviewed the audit process, Benford analysis used for general disbursements, detailed review of employee overtime hours, and the need to address external fraud potentials such as email phishing scams and ACH payments. ACCOUNTING STANDARD CHANGES AND UPDATES. The Town would need to comply with three GASB standards during the 2016 audit. GASB 68 requires the Town to estimate pension liability based off PERA actuary report. This was included in the 2015 audit as well. GASB 72 requires the Town to report fair value measurement for investments. GASB 77 requires disclosure of tax abatement agreements entered into by the Town and an individual or entity in which 1) the Town promises to forgo tax revenues to which they are entitled and 2) individual or entity promises to take a specific action after the agreement that contributes to economic development or benefits the Town. AUDIT SUCCESS FACTORS AND SCHEDULE. CLA recommended completing the financial audit and single audit to run concurrently in 2017 for the 2016 audit. The interim audit work to complete the audit assessment and 17 Audit Committee – January 30, 2017 – Page 2 controls would be completed the week of February 20, 2017. Final audit work would be completed the weeks of May 8, 2017 and May 15, 2017. The Audit Committee would meet in June 2017 to review the audit before the final audit has been completed and reviewed by the full Board. Goals and benchmarks would be established to keep the audit on schedule, and weekly meetings with Town staff would be established to review completed items and open items that need to be addressed. AUDIT COMMITTEE QUESTIONS. Trustee Holcomb questioned if the Committee would receive a report on the deficiencies found during the 2015 audit. The 2016 audit report would address the deficiencies and outline how staff has addressed each issue. Mayor Jirsa requested CLA communicate any fraud issues to the Board immediately; any issues that may lead to a Board level policy that needs to be changed to address an issue; and any significant changes in the audit timeline. The Audit Committee reached consensus on maintaining the current audit process and not to increase the level of involvement by the Committee at this point in time. There being no further business, Mayor Jirsa adjourned the meeting at 9:23 a.m. Jackie Williamson, Town Clerk 18 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 10, 2017, 2016 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair John Lunch, Vice-Chair Wayne Newsom, Members Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Lynch, Smith, Newsom, and Poggenpohl Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Planner Carrie McCool, Recording Secretary Thompson Absent: Member Moreau Chair Lynch called the meeting to order at 9:00 a.m. There were three people in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT 2. CONSENT AGENDA Approval of minutes dated December 6, 2016. It was moved and seconded (Smith/Newsom) to approve the minutes as presented and the motion passed unanimously with one absent. 3. METES & BOUNDS PARCEL LOCATED AT 3501 DEVILS GULCH ROAD Planner Gonzales reviewed the staff report. The variance request is from EVDC 5.1.B.1.c(3) “Bed and Breakfast Inn and Vacation Home – Residential Character”, to allow existing full kitchen facilities to remain in the guest units. The code currently prohibits full kitchen facilities in guest rooms or guest units associated with a B&B or Vacation Home. Planner Gonzales stated the property is zoned RE-1–Rural Estate and is approximately 11.21 acres in size. The property contains one single-family dwelling, two small cabins, and several outbuildings. The property owner, Ed Grueff, desires to rent the cabins on a short-term basis. The kitchens in the two small cabins were there prior to the adoption of the EVDC in 2000. If approved, the variance would allow the kitchens to remain, and the entire property would be rented as one vacation home to one party. The cabins could not be rented separately from each other, or from the single-family home. 19 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 January 10, 2017 Planner Gonzales stated the application was routed to affected agencies, a legal notice was published in the local newspaper, and notices were mailed to adjacent property owners. No major comments or concerns were received from reviewing agencies nor the public. Planner Gonzales reviewed the Staff Findings, which can be read in detail in the staff report. Contact Planning Staff for a copy of the staff report. Planner Gonzales stated staff recommended approval of the variance. Staff and Member Discussion Planner Gonzales stated the applicant has added additions to the property without building permits, and when addressing those issues it was discovered the cabins were being used as short-term rentals with full kitchens. He clarified the entire property has to be rented to one party. There is currently a vacation home application in the review process, and the applicant wants to ensure he will be operating the property in a legal manner. Public Comment Ed Grueff/applicant stated the property, under his ownership, has not been used as a dude ranch, and the existing stables are used only for storage. He rents the entire property to one party, usually for family reunions. Having the approved variance would bring the property into compliance with the EVDC. Conditions of Approval None. It was moved and seconded (Newsom/Smith) to approve the requested variance according to findings of fact and conclusions of law, with findings recommended by staff and the motion passed unanimously with one absent. Recess called by Chair Lynch at 9:21 to allow staff to work on the sound system. The meeting reconvened at 9:30. 4. LOT 6, BLOCK 3, AMENDED PLAT OF WINDCLIFF 5TH FILING, 3225 EIGER TRAIL Planner Gonzales stated the variance request is to amend a previously granted variance from 2004, for a 21-foot setback in lieu of the required 25-foot setbacks in the E-1–Estate zone district. The property was developed with a single-family home that went through the building permit and setback certificate process. When the building permit was approved, a 20-foot setback was allowed, disregarding the 21-foot setback granted with the variance. The error was discovered when preparing the property for sale, and the owners want to make sure everything is clean and legal prior to selling. Due to this being a staff error, the application fee was waived. 20 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 January 10, 2017 Planner Gonzales stated the lot was vastly undersized for the zone district, and the variance approval was legitimate. He stated the application was routed to affected agencies, a legal notice was published in the local newspaper, and notices were mailed to adjacent property owners. No major comments or concerns were received. Planner Gonzales reviewed the Staff Findings, which can be read in detail in the staff report. Contact Planning Staff to request a copy of the staff report. Planner Gonzales stated staff recommended approval of the variance request with no conditions. Staff and Member Discussion Member Newsom stated the survey should now be correct, so this will not happen again with this property. Public Comment Lonnie Sheldon/applicant representative apologized for the error. The error didn’t come to light until the property owner decided to sell the house, and research on the lot uncovered the error. A valid setback certificate was submitted in 2004, but showed the incorrect setback distance. It was moved and seconded (Smith/Poggenpohl) to approve the requested variance amendment according to findings of fact and conclusions of law, with findings recommended by staff and the motion passed unanimously with absent. 5. LOT 3 OF THE AMENDED PLAT OF THE EAST ½ OF LOT 2, LOTS 3, 4, 5, & WEST ½ OF LOT 6, DEER MOUNTAIN HEIGHTS, 2231 UPPER HIGH DRIVE Planner McCool reviewed the staff report. The variance request is to EVDC Section 4.3, Table 4-2, which requires 50-foot setbacks in the RE–Rural Estate zone district. The applicant, Tia Cottey, requests a reduction in setback distance from 50 feet to 22.8 for the existing single-family dwelling, a setback of 25.6 feet for a proposed covered deck, and 32.5 feet for a proposed garage. Due to the current layout of the existing home and site characteristics such as steep topography, adhering to the required setbacks is difficult to achieve. She stated the application was routed to affected agencies, a legal notice was published in the local newspaper, and notices were mailed to adjacent property owners. No major comments or concerns were received. Planner McCool reviewed the Staff Findings, which can be read in detail in the staff report. Contact Planning Staff to request a copy of the staff report. Member & Staff Discussion There was a brief discussion regarding building permits and variances. Member Poggenpohl noted there was no sign posted when he visited the site. 21 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 January 10, 2017 Public Comment Lonnie Sheldon/applicant representative stated the original setback for this property was 25 feet, and it was changed to 50 feet with the adoption of the EVDC. He stated the required variance sign was posted at the driveway, but must have blown away. He stated a setback certificate could be added as a condition of approval if the Board felt it necessary. He requested the setback distances be increased to the nearest foot to allow for minimal changes during construction. Director Hunt stated the sign posting can be an issue during windy weather. He suggested the applicant and/or agent take a picture of the posted sign (submitting the photo will not be required) to show as proof if it blows away. Condition of Approval 1. At the request of the applicant’s representative, a setback certificate by a registered surveyor will be submitted to the Community Development Department. 2. Setback measurements shall be rounded up to the nearest foot to allow for minor changes during construction. It was moved and seconded (Smith/Poggenpohl) to approve the requested variance according to findings of fact and conclusions of law, with findings and conditions recommended by staff and the motion passed unanimously with absent. 6. ELECTION OF OFFICERS Member Poggenpohl nominated Member Newsom as Chair. Member Poggenpohl nominated Member Lynch as Vice-Chair. It was moved and seconded (Poggenpohl/Smith) to elect Wayne Newsom as Chair and John Lynch as Vice-Chair for the 2017 term and the motion passed unanimously with one absent. 7. REPORTS A. Director Hunt stated if there is a zone district with large setbacks and many properties that were made nonconforming by virtue of that zoning, it sends a message to staff to consider amending the code. Issues could be resolved either through rezoning or an amendment to the development standards for the zoning districts that would recognize existing setbacks. Chair Lynch stated the Windcliff subdivision had many variance applications for height, due to the steepness of the area. Eventually the code was amended to allow for a slope adjustment. Director Hunt stated there could be a code provision specifically for setbacks, using average setbacks of the neighborhood. Something similar could provide some relief to property owners. Director Hunt stated an amendment such as this would be fairly simple to draft, and he appreciated the support from the Board to consider such an amendment. He would draft code 22 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 5 January 10, 2017 language for a proposed amendment and bring it to the Board for review. There was not a definite timeline set for the draft language. B. Director Hunt stated the new vacation rental registration process is moving forward and keeping the office staff busy. The process is happening as planned. There being no other business before the Board, the meeting adjourned at 10:02 a.m. ___________________________________ John Lynch, Chair __________________________________ Karen Thompson, Recording Secretary 23       24 Town Board of Trustees, February 14, 2017 Meadow Supplemental Condominium Map #5 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Carrie McCool, Planning Consultant Date: February 14, 2017 RE: SUPPLEMENTAL CONDOMINIUM MAP #5 – The Meadow Condominiums, 2758 and 2764 Kiowa Trail, Mary’s Meadow Development, Inc./Owner. Objective: Review of the Meadow Supplemental Condominium Map application, submitted by CMS Planning for compliance with the Estes Valley Development Code (EVDC) to allow the sale of units 11 and 12. Present Situation: The applicant has submitted a supplemental condominium map application for the Meadow Condominiums. The property is zoned A-Accommodations and is located off of Kiowa Trail approximately 180-feet north of the Kiowa Drive and Kiowa Trail intersection. Development Plan DP 06-01 has been approved wherein ten (10) units have been completed with the first condominium map and four supplemental maps. This submittal only pertains to Units 11 and 12. Pursuant to state law, condominium units may not be finalized until the units are substantially complete. Because of this, final “supplemental maps will be submitted as the project builds out. According to the procedure set forth in the Estes Valley Development Code, the Final Condominium map proceeds directly to the Board and is not reviewed by the Planning Commission. Proposal: Approval of the Supplemental Condominium Map #5, condominiumizing a duplex containing two units (11 and 12). Units are addressed 2758 and 2764 Kiowa Trail. Vicinity Map 25 Town Board of Trustees, February 14, 2017 Meadow Supplemental Condominium Map #5 Advantages: •This proposal complies the applicable standards of the EVDC, specifically: Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H “Condominiums, Townhouses and Other Forms of Airspace Ownership.” •Approving the Supplemental Condominium Map will allow sale of the two units. Disadvantages: None. Action Recommended: Approval of the Meadow Condominiums Supplemental Condominium Map #5. Budget: N/A Level of Public Interest: No public comment has been received. Sample Motion: I move to Approve (or Deny) the application for the Supplemental Condominium Map #5, Meadow Condominiums, 2758 and 2764 Kiowa Trail. Attachment: Exhibit 1 - Application and Supplemental Condominium Map #5 26 STATEMENT OF INTENT The Meadow Condominiums DEC 28 208 The property owner of the proposed condominiums is: COMMUNITY DEVELOPMENT Mary's Meadow Development, Inc., Mia Tawney, President This is the fifth supplemental to the condominium map of The Meadow Condominiums that are part of the Meadow Development Plan, Modification #4 approved by the Estes Valley Planning Commission in 2015. The original development plan was approved in 2006. The Meadow Development is a condominium development that will consist of 23 single family and duplex units upon completion. This phase of the condominiums will condominumize two units. Ten condominiums have been completed with the first condominium map and four supplemental maps. This will be the sixth condominium map. EXHIBIT A 27 C. Co 4 ores Lot Size Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service Tr vs. p IR No 51- Iry c4 g"-.e r Yes Site Access (if not on public street) Z 7 7(0 ell 1,f,`c) c.2) Are there wetlands on the site? r Yes 7 No Site staking must be completed at the time application is submitted. Complete? Primary Contact Information Attachments r Application fee 3 Statement of intent E 3 copies (folded) of plat or plan 1- 11" X 17" reduced copy of plat or plan r Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org Type of Application Development Plan I— Boundary Line Adjustment r Special Review r ROW or Easement Vacation r Rezoning Petition r Street Name Change r Preliminary Subdivision Plat r Time Extension E Final Subdivision Plat r Other: Please specify E r Minor Subdivision Plat Amended Plat General Information Area of Disturbance in Acres ,;‘) ( ,q //2 ,1t,/ 2- 6.0 / i - , 2e r Well r None 7 Other (specify) r Well r None r Other (specify) 3 EPSD UTSD f— Septic 3 EPSD UTSD r Septic I— Yes r No E Other E None Proposed Zoning A"--- Project Name Project Description Project Address Legal Description Parcel ID # 4,,c, // Z7, cr. -0 -I Le Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service r Xcel. Existing Zoning A- Acc Ovvt do,_, co 0 8 2 a, -4s --/-0 5' i'vt Ivt ('LA vit Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Please review the Estes Valley Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. k Po r Owner r- Applicant Consultant/Engineer COMMU Site Information • E None Condominium Map 3 Prelim' 3 Final Suppl nta ENS • DEC 2 8 2016 C c Gi 'F-Town Town A- ESTES VALLEY DEVELOPMENT REVIEW APPLICA PION Submittal Date: Town of Estes Park .6 P.O. Box 1200 .6 170 MacGregor Avenue Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 -6 Fax: (970) 586-0249 .6 www.estes.org/CommunityDevelopment Revised 2013.08.27 KT EXHIBIT A 28 MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: Applicant PLEASE PRINT: Signatures: Record Owner Applicant Date Date Date ( Contact Information Record Owner(s) Mailing Address Phone Cell Phone Fax Email Applicant Mailing Address Phone Cell Phone Fax Email Consultant/Engineer Mailing Address Phone Cell Phone Fax Email c7@a) Aka. 7:2fort eP r c-> 1:-/i7 k 1 11.2-e cC 7;1/7 nil i ( 5 e 14 74-- 6 (-V Frame Tke- L't (0 kA. 'Po 70,e 5so ft 7 ?7o - Z3 ( zoo 01-1 frci, C 3c S 170 .S1(6) - 9 3 S-k x 13 gli3 -S7-10 u/(4 .sovk r`K-A i7Ls «N.' 1-414-e C5 3 Al)(5 co pita Vcr ,n 1—forv-s, 5 ; C9cDp t< Co c.D_S-1 7 APPLICATION FEES For development within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: www.estes.org/ComDev/Schedules&Fees/PlanningAoplicationFeeSchedule.pdf All requests for refunds must be made in writing. All fees are due at the time of submittal. Revised 2013.08.27 KT EXHIBIT A 29 Date iz/Z-7---///,, Signatures: Record Owner Applicant Date 7Ju7,6( APPLICANT CERTIFICATION 111. I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. 10- In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). IP. I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: http://www.estes.org/ComDev/DevCode 10- I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. 110. I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. IP. I understand that a resubmittal fee will be charged if my application is incomplete. 10. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. 110. I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. PP. I acknowledge that I have received the Estes Valley Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner PLEASE PRINT: II/Vivi d } Applicant PLEASE PRINT: Revised 2013.08.27 KT EXHIBIT A 30 EXHIBIT A31 EXHIBIT A32 ADMINISTRATION Memo To: Honorable Mayor Jirsa Board of Trustees Frank Lancaster, Town Administrator From: Travis Machalek, Assistant Town Administrator Date: February 14, 2017 RE: Discussion of the Formation of a Family Advisory Board Objective: To facilitate the Town Board’s discussion of the formation of a Family Advisory Board. Present Situation: One of the Town Board’s 2017 objectives is to explore the formation of a Family Advisory Board. In order to facilitate this discussion, the Town has worked with Estes Valley Investment in Childhood Success to develop draft bylaws for Board consideration. The purpose of a Family Advisory Board would be to:  Research and summarize factual data on issues of importance to working families in the Estes Valley;  Develop recommended policies to address these issues; and  Present these recommendations to the Town Board and/or Town Staff. Since this item came before the Town Board on January 10th, a minor change to the proposed bylaws has been made. The change can be found in Section II and consists of an added requirement for the focus areas chosen by the Family Advisory Board to be reviewed and approved by the Town Board. Advantages:  Would direct additional Town resources and attention to issues facing working families in the Estes Valley  Would engage citizens in developing solutions to pressing community issues Disadvantages:  Time and resources spent in supporting a Family Advisory Board would be unavailable for other Town Board priorities Budget: There is no immediate, direct budget impact to the Town if the Board moves forward with the formation of a Family Advisory Board. 33 Level of Public Interest: High 34 Town of Estes Park Family Advisory Board DRAFT Bylaws I. Role The Estes Park Family Advisory Board (“FAB”) is an advisory committee for the Town Board and Town staff. The FAB is expected to: A. Research and summarize factual data on issues of importance to working families in the Estes Valley; B. Develop recommended policies to address these issues; and C. Present these recommendations to the Town Board and/or Town Staff. II. Annual Focus Areas A. At the first regular meeting of every year, the FAB will select no more than three (3) focus areas for the coming year. These focus areas will be submitted to the Town Board for review and approval. B. These focus areas may be changed at any regular or special meeting of the FAB by a majority vote, but at no time may there be more than three (3) focus areas. Any change to the focus areas must be reviewed and approved by the Town Board. C. Any work undertaken by the FAB shall be tied to these focus areas. III. Meetings A. Regular Meetings – Regular meetings shall be held at least one (1) time per month, with additional meetings scheduled as needed. Any item on the agenda which cannot be heard and considered by the conclusion of the meeting may be continued until, and heard, at the next regularly scheduled meeting or at a special meeting and shall have priority of any other matters to be heard and considered. B. Special Meetings – Special meetings may be held at any time upon call by the Chairperson. The Chairperson shall call a special meeting upon request by the Town Board, Town Administrator, or Assistant Town Administrator, or upon request by three (3) of the members of the FAB. C. Cancellation or Rescheduling of Meetings – Any cancellation or rescheduling of a FAB meeting must be approved by two-thirds (2/3) of the members of the FAB. D. Meeting Procedures - Parliamentary procedure shall be followed in moving, discussing, and acting on matters requiring action by the FAB. 35 E. Open Meetings – All meetings and actions of the FAB shall be in full compliance with state statutes governing open meetings, as amended and incorporated herein by reference. It is the responsibility of the Staff Liaison to be familiar with these statutes and regulations. F. Attendance by Non-Members – Meetings may be attended by persons who are not members of the FAB. Such non-members may be allowed to speak at meetings at the discretion of the Chairperson. However, in no event shall nonmembers be allowed to vote on matters for which a vote is required. IV. Members and Quorum A. Membership – The FAB shall consist of no fewer than ten (10) and no more than fifteen (15) members. B. Membership Requirements – Members must: 1. Be a resident of the Estes Park School District R-3; 2. Have adequate time to devote to the FAB (at least six (6) hours per month); and 3. Have experience dealing with issues facing working families in the Estes Valley. C. Membership Considerations – In appointing the membership of the FAB, the Town Board will: 1. Endeavor to ensure that at least three (3) members of the FAB are members of a working family; and 2. Consider membership representation for key organizations such as Estes Valley Investment for Childhood Success, the Housing Authority, the School District, and Families for Estes. D. Terms – Members shall be appointed by the Town Board to a three (3) year term. The terms of the members shall be staggered so that the terms of an equal number of the members expire each year on March 31st. E. Vacancies – Vacant positions shall be filled by appointment by the Town Board for the unexpired portion of the term of the position to be filled. F. Recommendations for Appointment – Upon request by the Town Board, the FAB shall make recommendations to the Town Board for new FAB appointments. G. Quorum – A quorum of the FAB shall consist of two-thirds (2/3) of the members of the FAB being present at the meeting. 36 H. Action – Action by the FAB shall be by majority vote of the members attending any regular or special meeting at which a quorum is present, unless otherwise provided in these bylaws. V. Officers A. Officers – The FAB officers shall include a Chairperson and a Vice-Chairperson as selected by the FAB. B. Elections – Officers shall be elected by the members annually at the first regularly scheduled meeting of each year. Officers shall be members of the FAB. Notification of who is elected Chairperson and Vice-Chairperson will be sent to the Town Clerk. C. Chairperson Responsibilities – The Chairperson shall: 1. Preside over all meetings; 2. Ensure that all meetings are conducted with decorum and efficiency; 3. Call special meetings in accordance with these bylaws; 4. Sign any documents prepared by the FAB for submission to the Town Board or Town Departments; 5. See that decisions of the FAB are implemented; 6. Represent the FAB in dealings with the Town Board or other organizations; and 7. The Chairperson has the same right as any other member of the FAB to vote on matters before the FAB and to speak for or against proposals; provided, however, that if the Chairperson desires to speak for or against a proposal which has been formally moved and seconded at a public meeting, the Chairperson shall relinquish the chair to the Vice-Chairperson while he or she is speaking. D. Vice-Chairperson Responsibilities – The Vice-Chairperson shall: 1. Assist the Chairperson as requested; 2. Accept and undertake duties delegated by the Chairperson; and 3. Preside over meetings or perform other duties of the Chairperson in the event the Chairperson is absent or unable to act. E. Other Officers – There shall be no officers other than the Chairperson and Vice- Chairperson. F. Removal from Office – Any officer may be removed from office by a majority vote of the members of the FAB in attendance at a meeting provided that at least thirty (30) days notice has been given to all members that removal of the officer will be considered at such meeting. G. Officer Vacancies – If any office is vacant, the members of the FAB shall elect a member to fill the office for the remainder of the year. 37 VI. Attendance A. Attendance Requirements – Regular attendance by members of the FAB. In the event that any member misses three (3) consecutive regular meetings, or a total of four (4) regular meetings in a calendar year, the Town Board may remove its appointed member and designate a new member to fill the vacancy. VII. General Provisions A. These bylaws may be amended at any regular or special meeting of the FAB by a majority of the membership of the FAB provided that notice of such possible amendments is given to all members at least twenty (20) days prior to the meeting at which the action is to be taken. Any amendments shall be subject to review and approval by the Town Board. VIII. Compliance with Town Policies A. The FAB shall operate in compliance with the adopted Town Board Policy on Town Boards (Policy 102). The terms of this policy are incorporated in the bylaws by this reference. A copy of this Policy will be provided to all FAB members upon appointment. B. Volunteer members of the FAB will act in accordance with the adopted Town Volunteer Manual. IX. Conflict of Interest A. A conflict of interest occurs when a person’s private, personal relationships or interests converge with their public role on the FAB such that an independent observer may reasonably question whether the person’s actions or decisions are determined by personal benefit, gain, or advantage. B. Members of the FAB shall not use their status as a member for private gain, and shall act impartially and not give preferential treatment to any private organization or individual. C. A member of the FAB who has a personal or private interest in a matter proposed or pending shall disclose such interest to the FAB, shall not vote on the item, and shall not attempt to influence the decisions of other members voting on the matter. Adopted this ____day of ______________ ESTES PARK BOARD OF TRUSTEES By: _______________________________ Mayor 38 COMMUNITY DEVELOPMENT Staff Report To: Hon. Mayor Todd Jirsa Town Board of Trustees Town Administrator Frank Lancaster From: Randy Hunt, Community Development Director Date: February 14, 2017 RE: Ord. #04-17: Amendment to Estes Park Municipal Code: §12.16.010 (Street Names – Map generally), to address regulations regarding display, installation and maintenance of official street-name signs in the Town of Estes Park. Objective: The objective of this proposed code amendment is to revise the Estes Park Municipal Code (EPMC) to appropriately include regulations regarding display, installation and maintenance of official street-name signs in the Town of Estes Park. Proposal: Amend EPMC Section 12.16.010 as stated in Exhibit A, attached. Discussion: Recently, Town staff became aware that our Municipal Code provisions governing street-name signs are somewhat unclear concerning display of “unofficial” street-name signs. These are signs installed by private parties for their own purposes – e.g., to “name” a private driveway after a person – without going through any formal public review and approval process. Oftentimes, those installing such signs are doing so for benign purposes. Even with good intentions, however, installing these signs can result in confusion. The most notable concern is that signs of this type do not show up in the 911 emergency dispatch system, nor do they appear on other maps or addressing records used for public safety and emergency response. This discrepancy is confusing and could potentially result in a critical response delay. For example, if someone calls 911 in an emergency and tells Dispatch, “I’m on _____ Street, right next to the street sign” – and if Dispatch has no knowledge of that sign or that street name – the consequences could quickly become severe. Ordinary bewilderment (“why isn’t this road on my GPS?”) would also be reduced by this amendment. Puzzled visitors would not be a good marketing strategy. 39 Ordinance No. 04-17 Town Board of Trustees: February 14, 2017 Although current language in EPMC §12.16.010 can be interpreted to cover lookalike-sign situations, an amendment would bring further clarity. Only street names on the Town’s official "Street and Address Map”, which serves as an important element in the Dispatch system and other databases, would be allowed on official-looking street signs. By not allowing lookalike signs in places where the public and responders would get confused by them, naming and addressing remains consistent and reliable. The amendment also includes reference design standards, so all parties know what sign styles should be installed or avoided. Included in this packet is the design cut-sheet from the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), which has been in use by the Town for years. Signs whose design would not likely be confused with official signs could still be posted, as long as the Town’s Sign Code does not otherwise restrict it. For example, someone who wanted to call their driveway “Blackberry Way” and illustrate it with a large picture of a harpsichord would be free to do so, provided they got a sign permit. This type of move seems unlikely to cause confusion. Town staff will be happy to work with citizens who wish to use signs for benign purposes. Our goal is to allow for individual expressions like these without compromising fundamental safety matters. Current Code does not distinguish between public-street signs and private-street signs. Both now have the same type of official signs, and both should always be in the Street and Address Map and database for 911, as long as they have been approved as “true” streets and aren’t just driveways, private accesses, etc. Although this amendment has no effect either way on different official signs for public vs. private streets, staff suggests this is an area that may need attention in future Code revisions. For background, Community Development Policy No. 421 (Addressing and Street Naming) is attached. This proposed amendment would not change anything in the Policy, or vice-versa; however, the context may be of interest. This amendment was reviewed by the CD/CS Committee on January 26, 2017. The Committee’s consensus was in favor of approving the amendment. Authority to Amend Municipal Code: Estes Park Municipal Code §1.04.110 (Amendments): “Any additions or amendments to this Code shall be adopted as ordinances under applicable provisions of the state law, and when passed in such form as to 40 Ordinance No. 04-17 Town Board of Trustees: February 14, 2017 indicate the intention to make the same a part hereof, shall be deemed to be incorporated in this Code so that reference to it as the ‘Municipal Code of the Town of Estes Park’ shall be understood as including such additions or amendments.” Staff Findings: - The amendment is needed to avoid problems arising from display of street-name signs that are not authorized by the Town and that could result in confusion and potentially misdirection or delayed response by public-safety and emergency- services providers, as well as those needing such services. - The amendment complies with the procedural requirements in the EPMC subsection as quoted, and with Colorado state law for amendments to municipal code. Advantages:  Complies with EPMC Section §1.01.110 (Amendments).  The amendment standardizes requirements for how, when and where official street- name signs are to be displayed in Town. It will help minimize occurrences in which “unofficial” street-name signs are displayed. The change will help citizens who need to know what streets they are on or near, and emergency responders and those needing emergency services. Disadvantages:  Some administrative and enforcement costs are associated with making sure signs in conflict are removed and new signs are not installed contrary to Code. Action Recommended: Review the amendment for compliance with Estes Park Municipal Code (EPMC) §1.01.110 (Amendments) and forward a recommendation the Estes Park Town Board of Trustees for a final decision to approve, deny, or approve with changes. Level of Public Interest: Low 41 Ordinance No. 04-17 Town Board of Trustees: February 14, 2017 Sample Motions: APPROVAL I move to recommend the Town Board of Trustees APPROVE Ordinance No. 04-17, including findings of fact and conclusions of law as recommended by staff. DENIAL I move to recommend the Town Board of Trustees DENY Ordinance No. 04-17, finding that . . . [state findings of fact for denial]). Attachments: 1. Ordinance No. 04-17, including Exhibit A (redline showing added language; no language removed) 2. MUTCD cut-sheet D3-1 (Street Name Sign) 3. Community Development Policy 421: Addressing & Street Naming Policy 42 Ordinance No. 04-17 AN ORDINANCE AMENDING THE ESTES PARK MUNICIPAL CODE: §12.16.010 (STREET NAMES – MAP GENERALLY), TO ADDRESS REGULATIONS REGARDING DISPLAY, INSTALLATION AND MAINTENANCE OF OFFICIAL STREET-NAME SIGNS IN THE TOWN OF ESTES PARK. WHEREAS, it is necessary for the Town of Estes Park to maintain accurate and readily identifiable street-name signs; and WHEREAS, the Board of Trustees of the Town of Estes Park determines that public safety and emergency-services responders, and those in need of such services, should not be delayed or misguided by extraneous signs that resemble Town-installed and Town-maintained street-name signs; and WHEREAS, an amendment to the Estes Park Municipal Code is appropriate to clarify circumstances under which street-name signs are to be displayed; and WHEREAS, the Board of Trustees of the Town of Estes Park finds that the accompanying text amendment complies with Estes Park Municipal Code §1.04.110 (Amendments), and determined that it is in the best interest of the Town that the amendments to the Estes Park Municipal Code, as set forth on Exhibit “A”; be approved; and WHEREAS, said amendments to the Estes Park Municipal Code are set forth on Exhibit “A” attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Park Municipal Code, Section 12.16.010 (Street Names – Map generally) shall be amended as more fully set forth on Exhibit “A”. 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 _______, 2017. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 43 I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2017 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of , 2017, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 44 EXHIBIT A Ord. No. 04-17 Chapter 12.16 - Street Names 12.16.010 - Map generally. For the purpose of establishing accurate and uniform names for all streets and addresses for properties located adjacent within the Town, all streets shall be known and designated by the names shown upon the map made a part of this Chapter, and the addresses of all properties adjacent to said streets shall be as designated upon said map, which map shall be known as the "Street and Address Map of the Town of Estes Park, Colorado." Said map and all street names and addresses shown thereon are made a part of this Chapter. No street-name sign shall be displayed except in conformity with the designated street name on the Street and Address Map or on an approved and recorded final subdivision plat. Designated street-name signs shall be installed and maintained in accordance with the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. Signs that closely resemble street-name signs shall not be displayed on public or private property, such that, at the Town’s sole discretion, would reasonably result in potential confusion for emergency responders or those in need of emergency-response services.     45       46 COLORS: LEGEND, BORDER — WHITE (RETROREFLECTIVE) BACKGROUND — GREEN (RETROREFLECTIVE) BACKGROUND (ALTERNATE) — BLUE OR BROWN (RETROREFLECTIVE) X-XX A B C D E F G H J K L M N VAR 8 0.375 2 4 D 3 D 3 3 (MIN) 3 1 1.75 2.25 2.75 VAR 12 0.5 3 6 D 4 D 5 4.5 (MIN) 4.5 1.5 2.75 3.25 4.75 VAR 18 0.75 5 8 D 5.33 D 7.67 5.33 (MIN) 6 1.875 5 5 7.67 VAR 24 1 6 12 D 8 D 10 9 (MIN) 9 2.25 5.5 6.5 9.5 A M E L M F N B D3-1 — PRINCIPAL LEGEND WITH DESCENDING STROKES OR B D D F D F E G C H A J VARIES J VARVAR H K D3-1 (Sheet 1 of 3) Street Name Sign A D E D B A D E D D F G B D3-1 — WITHOUT BORDER, PRINCIPAL LEGEND WITH OR WITHOUT DESCENDING STROKES D3-1 Sheet 1 of 3 Issued 10/14/2011 47 COLORS: LEGEND, BORDER — BLACK (NON-RETROREFLECTIVE) BACKGROUND — WHITE (RETROREFLECTIVE) X-XX A B C D E F G H J K L M N P VAR 8 0.25 0.375 2 4 D 3 D 3 3 (MIN) 3 1 1.5 2.5 2.5 VAR 12 0.375 0.5 3 6 D 4 D 5 4.5 (MIN) 4.5 1.5 2.5 3.5 4.5 VAR 18 0.5 0.75 5 8 D 6 D 7 5.33 (MIN) 6 1.875 4.5 5.5 6.5 VAR 24 0.625 0.875 6 12 D 8 D 10 9 (MIN) 9 2.25 5 7 9 A N F M N P GB D3-1 — PRINCIPAL LEGEND WITH DESCENDING STROKES (ALTERNATE COLOR ARRANGEMENT) OR D3-1 (Sheet 2 of 3) Street Name Sign (ALTERNATE COLOR ARRANGEMENT) B E E G E G F H C J A K VARIES K VARVAR J LD A E F E B D3-1 Sheet 2 of 3 Issued 10/14/2011 48 COLORS: LEGEND, BORDER — WHITE (RETROREFLECTIVE) BACKGROUND — GREEN (RETROREFLECTIVE) BACKGROUND (ALTERNATE) — BLUE OR BROWN (RETROREFLECTIVE) X-XX A B C D E F G H J K L M N VAR 15 0.375 2.25 4 C 2.5 9.75 3 C 3 (MIN) 3 2 2 1 VAR 24 0.5 4 6 C 4 16 4 C 4.5 (MIN) 4.5 3 3 1.5 VAR 33 0.75 5.5 8 C 6 22.17 5.33 C 5.33 (MIN) 6 4 4 1.875 VAR 48 1 8 12 C 8 32 8 C 9 (MIN) 9 6 6 2.25 D3-1 (Sheet 3 of 3) Street Name Sign B A J C E D E G H K K L JVAR M VARIES N VARIES J VARIES VARIES F D D D3-1 Sheet 3 of 3 Issued 10/14/2011 49       50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 COMMUNITY DEVELOPMENT Staff Report To: Hon. Mayor Jirsa Board of Trustees Town Administrator Frank Lancaster From: Randy Hunt, AICP, Community Development Director Date: February 14, 2017 RE: Temporary Enforcement Abeyance Policy for Vacation Homes Objective: Establish a policy whereby Code Compliance Enforcement will be held in abeyance during 2017, in order to allow adequate time for operating registrations to be completed, and in order to allow for already underway vacation-home reservations and contracts to be fulfilled in an orderly manner and schedule. Discussion: The Vacation Homes EVDC amendments were adopted December 15, 2016, and became effective immediately upon adoption. Operating registrations for vacation homes have been in high gear since the first week of January. Earlier in December, several Board members expressed that they did not wish to see the new regulations and the registration process under the regulations to result in undue interference with vacation homes’ already-in-progress reservations and contracts for the 2017 season. Staff added language to the Code amendment (§5.1.B.5.i) to extend 2016 licenses into the first part of 2017. However, that language could not provide for extension of licenses/registrations that did not already exist. As most are aware, there was no registration for 9-and-over occupancy VHs until 2017, so those units could not be “legitimized” under the Code amendment. Although not stated explicitly in December, staff understood the spirit and intent of the non-interference discussion to include a reasonable interval of non-interference with existing 9-and-over VH rental arrangements. No escalated enforcement activity on VHs has been undertaken in 2017 so far. Meanwhile, in administering the registration applications, staff became aware of an unanticipated problem with the registration process. We found that some of the record data needed to cross-check registration information was incomplete or not up-to-date. This is a fixable problem, but it will need time to be fixed. Staff is preparing a code amendment to address a long-range solution, which we currently anticipate reaching the two governing bodies for approval in March. 77 Temporary Enforcement Abeyance Policy for Vacation Homes Feb. 14, 2017: Town Board of Trustees Advantages:  Allows VH owners / operators and vacation guests to rely on already made plans for 2017.  Allows time to provide for several technical fixes to Code language to resolve recently identified record-data issues. Disadvantages:  Vacation homes regulations and administration in Estes Valley have been uncertain since at least 2014, and possibly much earlier. This policy will not add new uncertainty, but it does prolong full resolution longer than desired. Action Recommended: Staff recommends that the Temporary Enforcement Abeyance Policy for Vacation Homes be approved as presented. Level of Public Interest: High: Addressing vacation homes in the Estes Valley Medium-to-High: This proposed policy Sample Motions: APPROVAL I move that the Estes Park Town Board of Trustees approve the Temporary Enforcement Abeyance Policy for Vacation Homes, to become effective immediately upon approval. CONTINUANCE I move to CONTINUE the Temporary Enforcement Abeyance Policy for Vacation Homes to [date certain]. DENIAL I move that the Estes Park Town Board of Trustees disapprove the Temporary Enforcement Abeyance Policy for Vacation Homes. Attachments: 1. Town of Estes Park Temporary Enforcement Abeyance Policy for Vacation Homes (February 14, 2017). 78     Town of Estes Park TEMPORARY ENFORCEMENT ABEYANCE POLICY FOR VACATION HOMES February 14, 2017 Applicability. This policy applies to parcels and lots within the Estes Valley Development Code (EVDC) Area and within the Town of Estes Park where Vacation Home use is allowed per Sec. 5.1.B of the EVDC. Determination. Enforcement Abeyance. On February 14, 2017, the Town Board of Trustees of Estes Park, Colorado declared a temporary abeyance in code-compliance enforcement operations regarding vacation homes in the Estes Valley Development Code (EVDC) Area. In this context, “abeyance” is declared to mean a state of inactivity, intended to allow resolution of complex issues and processes in Code-based regulation of vacation homes in the EVDC area and in the Town of Estes Park. Staff is directed to not to enforce violations of the occupancy provisions of EVDC Sec. 5.1.B. This abeyance shall remain effective until December 31, 2017, or until such time as the Board of Trustees rescinds this abeyance policy, whichever may occur first. All violations relating to applicable rules and regulations for noise, parking, number of parties (renting to single group), registration, or payment of sales and lodging tax shall be addressed pursuant to Code Compliance Policy 480. Maximum occupancy limits per EVDC of two (2) occupants per bedroom plus two (2) occupants per unit shall remain in effect and subject appropriate enforcement. Annual operating registration requirements and procedures shall remain in effect. Operating Registration Required. All vacation homes shall be required to apply for and shall be expected to diligently pursue operating registration in accordance with Sec. 5.1.B of EVDC. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF _______, 2017. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 79       80 Community Services Memo To: Honorable Mayor Jirsa Board of Trustees Frank Lancaster, Town Administrator From: Teri Salerno, Visitor Services Manager Date: February 14, 2017 RE: Visitor Services Retail Policy 501 Objective: The objective of this request is to be able to sell Town logo items and Town centennial logo items at the Visitor Center. The most immediate objective is to be allowed to sell Town centennial logo item(s) to help raise funds in support of the Knoll-Willows Open Space legacy project. The intention of this requested change is to sell small, souvenir-type items. The space in the Visitor Center is not conducive to a large retail space. Small sample items would be displayed on the retail wall, and guests would go to the cash register to request the item(s) they wish to purchase. This process eliminates concern over merchandise being stolen because all items for sale would be kept behind the front counter and would require staff assistance to purchase. Present Situation: The current retail policy does not include Town logo items; therefore, Town centennial logo items to support the Knoll-Willows project cannot be sold at the Visitor Center. Guests frequently ask where they can purchase Town logo items and these items are not available for purchase anywhere in town. Our experience tells us that there is a good market for these items and the Visitor Center is a prime location to sell them. Proposal: Guests will appreciate having small Town logo items available to purchase at the Visitor Center. The Resale Purchases account incudes funds that would allow the purchase of some small, centennial logo items to sell this year, such as: stickers, pins, key chains, patches, magnets and / or similar-type, small items. Advantages:  Help raise funds for the Knoll-Willows legacy project by selling Town centennial logo items;  Support knowledge of the Town centennial by providing small, centennial logo items for purchase; 81  Guests request Town logo items to purchase and these items are not available to purchase anywhere in town;  Sale of Town logo items will provide a new source of revenue for the Visitor Center; and  With no entity selling Town logo items, local businesses would not see this as competition since the Town logo is owned by the Town and not sold to others to use. Disadvantages: Negatives include:  Town centennial logo items will be available to purchase at some stores in town. Retailers may not want competition from the Visitor Center selling similar items; however, not all guests intend to shop downtown and they will appreciate the convenience of being able to purchase some small items at the Visitor Center.  No negatives have been identified with selling regular Town logo items since the logo is owned by the Town and under the Town’s directive. Action Recommended: I recommend that the Town Board approve a change to the Visitor Services retail policy that will allow the sale of Town logo items at the Visitor Center. Budget: Budget account number: 101-2600-426.29.20; fund name: Resale Purchases Level of Public Interest The level of public interest is high; over the years, Visitor Services staff and volunteers have received requests from guests to purchase Town logo items. With Town logo items not available to purchase anywhere in Estes Park, the Visitor Center could uniquely provide the opportunity to purchase these items to guests. Recommended Motion: I recommend to the Town Board that the Visitor Services Retail Policy 501 be amended to include the sale of Town logo items. Attachments: Amended Visitor Services Retail Policy 501, with addition of Town Logo items. 82 Document Title Draft 1 2/9/17 Revisions: 0 Town of Estes Park, Community Services Effective Period: Review Schedule: Annually Effective Date: References: None COMMUNITY SERVICES 501 Visitor Center Retail Sales and Displays 1. PURPOSE To establish a policy that limits both scope and purpose of the sale of retail merchandise and the display of items at the Town of Estes Park Visitor Center 2. POLICY It is the policy of the Town Board of Trustees to allow the sale of specific items outlined within this policy and to allow displays at the Visitor Center for the convenience of the visiting guest enhancing their experience when using the Town’s Visitor Center. The primary function of the Visitor Center is to provide assistance and direct visiting guests to lodging establishments, retail shops, restaurants and other destination locations within Estes Park. Understanding the importance of local commerce it is neither the intent nor the desire of the Town Board to have its Visitor Center compete with local retail business. The sale of retail merchandise and the display of items at the Visitor Center are intended to serve as a convenience to the guest while creating that environment synonymous with being a “premier resort community”. 3. PROCEDURE a. Allowable Sales: Those items allowed for sale within the Town’s Visitor Center are: 1. Post cards; 2. Calendars; 3. Town logo items; 4. Items produced by the Rocky Mountain Conservancy a 501 (C) 3 organization; 5. Items produce by the Estes Park Museum or their affiliate (Friends of the Museum) a 501 (C) 3 organization; 6. DVDs featuring the scenic beauty and diversity of the Estes Park area or that of the Rocky Mountain National Park, which have been shot, produced, manufactured or otherwise created by local area artists / residents which are of a quality deemed professional in nature. Other items allowed for sale at the Town’s Visitor Center will be the sale of tickets and merchandise in support of local fundraising events that support the Estes Park community. 83 Document Title Draft 1 2/9/17 Revisions: 0 Town of Estes Park, Community Services b. Allowable Displays: Those items previously identified within this policy as allowable retail sale items are allowed for display within the Visitor Center. Other display items allowed within the Visitor Center include but are not limited to: 1 Brochures; 2 Maps; 3 Electronic message boards; 4 Posters for local non-profit fund raising special events; 5 Posters for Town sponsored special events; 6 DVD / CD videos and or other similar video displays. Approved: _____________________________ Todd Jirsa, Mayor of Estes Park _____________ Date 84 ADMINISTRATION Memo To: Honorable Mayor Jirsa Board of Trustees Frank Lancaster, Town Administrator From: Travis Machalek, Assistant Town Administrator Date: February 14, 2017 RE: Ordinance No. 05-17 - Temporary Sidewalk Art Objective: Adopt Ordinance 05-17 which amends Section 12.20.070 of the Municipal Code (Acts Prohibited on Sidewalks) as set forth on Exhibit A of the Ordinance. Present Situation: It is a violation of the Town’s Municipal Code for anyone to “…place upon, apply to, embed in or impress in any sidewalk…any sign, symbol, mark or object” (Town of Estes Park Municipal Code 12.20.070). As currently written, this provision effectively eliminates any opportunity for non-permanent art on sidewalks in Town limits. Non- permanent sidewalk art (like chalk art) has been successful in numerous communities, including Greeley and Loveland. Proposal: Recognizing a new potential opportunity for public art, staff has drafted a change to the Municipal Code that would allow non-permanent signs, symbols, or marks to be applied to any public sidewalk. Any proposed works would fall under the purview of the Art in Public Places program and would be subject to a recommendation from the Parks Advisory Board and approval by the Town Board. The Parks Advisory Board discussed this code change on January 20th and voted 6-0 to recommend approval. Part of the discussion at that meeting pertained to concerns regarding potential pedestrian traffic impacts (artists obstructing sidewalks/business entrances) and removal of the art. Staff brought forward a first draft of a “Non- Permanent Sidewalk Art Application” that would help address these concerns by making sure that the artist and the Town were in agreement with regard to expectations regarding issues like time and date of installation, art medium, and cleanup (including weather contingencies). One change to the proposed Municipal Code change was made after the Parks Advisory Board reviewed this item. This change consisted of adding language clarifying that any non-permanent sidewalk art must be done in a non-toxic medium. 85 Non-permanent sidewalk art has been successful in many different forms throughout the country. Examples range from sidewalk chalk art contests hosted by municipalities or nonprofits to individual artists who have taken it upon themselves to enhance the experience of their community through unique works of non-permanent sidewalk art. The proposed code change would enable this type of artistic expression in Estes Park. Ordinance 05-17 adopts the amendments to Section 12.20.070 of the Municipal Code as more fully set forth on Exhibit A. Advantages:  Provides a new medium for public art Disadvantages:  The addition of this option to the available space for public art could add to the Parks Advisory Board’s workload. Budget: This Municipal Code change would not have a direct impact on the Town’s budget. Attached:  Ordinance No. 05-17  Draft of Potential Non-Permanent Sidewalk Art Application Sample Motion: I move to adopt/not adopt Ordinance No. 05-17. 86 ORDINANCE NO. 05-17 AN ORDINANCE AMENDING THE ESTES PARK MUNICIPAL CODE CONCERNING ACTS PROHIBITED ON SIDEWALKS WHEREAS, Section 12.20.070 of the Municipal Code provides for regulation of acts prohibited on sidewalks within the Town of Estes Park; and   WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Park Municipal code, Section 12.20.070, set forth on Exhibit “A” be approved; and WHEREAS, said text amendments are set forth on Exhibit “A” attached hereto and incorporated herein by this reference.   NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO:   Section 1: Section 12.20.070 of the Municipal Code is hereby amended as more fully set forth on Exhibit “A.”   Section 2: The Ordinance shall take effect and be in force 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 , 2017.     TOWN OF ESTES PARK, COLORADO By: ___________________________________ Mayor Attest: _________________________________ Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the ___ day of __________, 2017 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the _day of _______ , 2017, all as required by the Statutes of the State of Colorado. Town Clerk 87 EXHIBIT A Amended Municipal Code 12.20.070 - Acts prohibited on public sidewalks. It is unlawful for any person, including the owner or occupant of any lot, block or parcel of ground within the Town, or for the agent or servant for such owner or occupant, to place upon, apply to, embed in or impress in any public sidewalk along on such property any sign, symbol, mark or object, or to permit such acts by other persons. Non-permanent signs, symbols, or marks shall be allowed to be applied to any public sidewalk, provided that they are not commercial in content, are made with a non- toxic medium, and are approved in advance pursuant to Chapter 12.30 of this code (Art in Public Places). For the purposes of this section “Non-Permanent” shall be defined as easily removable from the surface on which it is applied and in place for a limited period of time set during the approval process. Clean Version of Amended Municipal Code 12.20.070 - Acts prohibited on public sidewalks. It is unlawful for any person, including the owner or occupant of any lot, block or parcel of ground within the Town, to place upon, apply to, embed in or impress in any public sidewalk on such property any sign, symbol, mark or object. Non-permanent signs, symbols, or marks shall be allowed to be applied to any public sidewalk, provided that they are not commercial in content, are made in a non-toxic medium, and are approved in advance pursuant to Chapter 12.30 of this code (Art in Public Places). For the purposes of this section “Non-Permanent” shall be defined as easily removable from the surface on which it is applied and in place for a limited period of time set during the approval process. 88 Non-Permanent Sidewalk Art Application Rev. 02.09.2016 TOWN OF ESTES PARK NON-PERMANENT SIDEWALK ART APPLICATION Name: Location of Proposed Art: Art Medium: Date of Installation: Time of Installation: Description of Proposed Art (attach any visuals): Plan and Timeline for Removal (including weather contingencies): 89