HomeMy WebLinkAboutPACKET Town Board 2017-11-28The 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, November 28, 2017
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Update on Vacation Homes.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 14, 2017 and Town Board Study Session
dated November 14, 2017.
2. Bills.
3. Committee Minutes - None.
4. Estes Valley Planning Commission Minutes dated October 17, 2017
(acknowledgement only).
5. Parks Advisory Board Minutes dated October 26, 2017 (acknowledgment only).
6. Transportation Advisory Board Minutes dated October 18, 2017 (acknowledgment
only).
7. Policy 101 Updates including Local Marketing District Liaison Appointment.
2. REPORTS & DISCUSSION ITEMS:
1. FIRE DISTRICT UPDATE. Chief Wolf.
Prepared 11/17/17
*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. PRELIMINARY TOWNHOME SUBDIVISION PLAT, Raven Rock Townhomes,
Metes & Bounds Parcel, TBD Promontory Drive. Request to continue to
December 12, 2017.
B. SUBDIVISION FINAL PLAT – ESTES PARK RESORT, Lot 1, Lake Estes 2nd
Addition, 1700 Big Thompson Avenue, Rocky Mountain Hotel Properties I,
LLC/Owner. Request to continue to December 12, 2017.
2. ACTION ITEMS:
A. ORDINANCE 31-17 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT
CODE REGARDING BED & BREAKFASTS. Code Enforcement Officer Hardin.
4. ACTION ITEMS:
1. PUBLIC HEARING – 2018 BUDGET: Director Hudson.
Highway User’s Trust Fund.
Resolution 28-17 – Setting the Mill Levy.
Resolution 29-17 – Adopting the 2018 Budget.
Resolution 30-17 - Appropriating Sums of Money for 2018.
2. AWARD AUDIT CONTRACT FOR THE YEARS ENDING DECEMBER 31, 2017
THROUGH DECEMBER 31, 2021. Director Hudson.
3. ORDINANCE 32-17 AMENDMENT TO THE ESTES PARK MUNICIPAL CODE
ADDING CHAPTER 10.24 USE OF OFF-HIGHWAY VEHICLES. Attorney White.
5. ADJOURN.
2
Data is a snapshot of information as of
28‐Nov‐17
Residential Renewals Sent out ONLY 396
Inactive (NOT securing a registration) 45
Transfer 34
Registrations issued as of 11/28/17 489
Residential 367
Commercial 122
Provisional (Active Building Permit) 6
Registrations in process as of 11/28/17 247
Residential 198
Commercial 49
Finance processing 45
CommDev processing 202
Total to inspect 156
Not yet scheduled 100
Scheduled inspections 27
To re‐inspect 29
Total with Discrepancy 52
Town discrepancy 14
County discrepancy 28
Windcliff discrepancy 10
Total number of Residential in process/complete 565
Remaining Residential Registrations Available as of 11/28/17 23
Voided by Town due to Regulations 4
Building permit expiration 1
Transfer of ownership without notification 3
To be voided by Town if not notified per request letters sent.
(provided 15 days warning of possibility of void)
6
No longer operating without notification 1
Transfer of ownership without notification 1
Change in Local Representative/Property Manager
without notification
4
Town of Estes Park, Larimer County, Colorado, November 14, 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 14th day of November, 2017.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Also Present: Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Frank Lancaster, Town Administrator
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Norris/Holcomb)to approve the Agenda,and it passed
unanimously.
PUBLIC COMMENTS.
Jay Blackwood/Town citizen thanked the Town and the Estes Valley Land Trust for their
support of the Estes Valley Water Coalition’s efforts to improve the waterways after the
2013 Flood. The 14 projects completed have been key in helping to maintain the
environment.
Nancy Almond/Estes Valley Investment in Childhood Success (EVICS) Director and
Family Advisory Board (FAB) member thanked the Board for including EVICS as a line
item in the base budget for the Town which provides leverage for future funding of the
organization. She applauded the Board for including childcare in the 5-year Strategic
Plan as a catalyst; however, the Town continues to lose families and the issue needs to
be addressed immediately. EVICS would come forward in January to request the Town
to consider a childcare facility at the current Senior Center to help address the lack of
childcare in the valley. Carlie Bangs/Town citizen, Marion Stallworth/Town citizen and
Erin Miller/Town citizen spoke to the lack of childcare, the need for the Town Board to
address the issue, and provide additional daycare in the community. They requested the
Town Board work toward actionable goals to address the childcare in the community.
The Town Board and FAB need to work together to develop solutions.
Greg Rosenor/Town citizen commented on the caliber of the planning staff in the
Community Development department. He stated Director Hunt and Attorney White
provided a presentation to the Estes Valley Planning Commission during a study session
outlining instructions and criteria to use during the review of a development. The memo
produced provides developers and citizens with understandable guidelines and rules.
Bruce Davies/Town citizen spoke to the proposed National Park fee increases stating the
fees would negatively impact his tour business. The cost would require him to double his
rates making the tours unaffordable to most individuals.
Jon Nicholas/EDC Executive Director stated planning decisions made based on the
Comprehensive Plan rather than the Development Code and zoning would not be DRAFT3
Board of Trustees – November 14, 2017 – Page 2
workable. The EDC would hold a meeting to discuss the proposed NPS fee structure and
how it would impact the community.
Michelle Hiland/Town citizen questioned who uses the park on a regular basis and what
the fee increase really means to the Park. She stated now would be the time to discuss
solutions to protecting the Park. She further questioned why the valley has a
Comprehensive Plan and how it should be used to address development.
Johanna Darden/Town citizen stated infants and young children should be cared for by
their parents or other family members. She commented EVICS should ensure proper
childcare can be made available.
TOWN BOARD COMMENTS
Trustee Norris stated the FAB was able to establish a quorum at its last meeting due to
the changes made to the bylaws. The Board continues to work on a resource list to be
used by families. Once complete the list would be posted on the Town’s website. A non-
voting student member would join the Board at its next meeting.
Trustee Martchink commented applications are being accepted for positions on the Parks
Advisory Board and encouraged citizens interested to apply.
TOWN ADMINISTRATOR REPORT.
Assistant Town Administrator Machalek requested the Board hold a study session on
November 28, 2017 to review changes to the Special Review for Lot 4, Stanley Historic
District grading permit. The Board agreed to schedule the study session item.
1. CONSENT AGENDA:
1. Town Board Minutes dated October 24, 2017 and Town Board Study Session
dated October 24, 2017 and Budget Study Session Minutes dated October 13
and 20, 2017.
2. Bills.
3.Committee Minutes - None.
4. Estes Valley Board of Adjustment Minutes dated October 3, 2017
(acknowledgement only).
5. Family Advisory Board minutes dated August 3, 2017 (acknowledgement only).
6. First Amendment to the Intergovernmental Agreement between the Town and
Platte River Power Authority and other municipalities for and updated joint
Compensation Study.
7. First Amendment to the Intergovernmental Agreement with Lafayette and
Louisville for Lucity Services.
8. Resolution #26-17 Continuing the Transportation Advisory Board and the Parks
Advisory Board.
It was moved and seconded (Holcomb/Koenig)to approve the Consent Agenda
Items, and it passed unanimously.
2. PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #29-17 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE TO ADD A DEFINITION IN CHAPTER 13 FOR
THE TERM “SINGLE-FAMILY USE.”Mayor Jirsa opened the public
hearing. Director Hunt stated the current Estes Valley Development Code
(EVDC) contains definitions for “Dwelling, Single-Family”, “Dwelling,
Detached”, “Household” and “Household Living”. The code does not
contain a definition for “Single-Family Use”. The proposed code DRAFT4
Board of Trustees – November 14, 2017 – Page 3
amendment would add the definition which utilizes portions of the existing
definition for “Household”. Mayor Jirsa closed the public hearing. Attorney
White read the Ordinance into the record. It was moved and seconded
(Holcomb/Koenig)to approve Ordinance #29-17, amending the Estes
Valley Development Code as stated in Exhibit Red, finding that the
amendment is in accord with the Comprehensive Plan and with
Section 3.3 of the Development Code,and it passed unanimously.
B. ORDINANCE #30-17 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE TO ELIMINATE APPLICABILITY AND USE OF
THE ATTAINABLE HOUSING DENSITY BONUS IN THE RE-1 RURAL
ESTATE, RE RURAL ESTATE, E-1 ESTATE, E ESTATE, R
RESIDENTIAL AND R-2 TWO-FAMILY RESIDENTIAL ZONING
DISTRICTS.Mayor Jirsa opened the public hearing. Director Hunt stated
the EVDC has included a density bonus for all residential zoning districts
except for R-1, the highest density zoning district. A subsection of the code
was amended in 2016 to change income eligibility and add workforce
incentives to address the shortage of housing for the work force within the
community. The changes have driven concern from the community on the
possibility of density bonuses within smaller single-family lots, thereby
creating a subdivision of the lots and higher density. The proposed changes
would eliminate the density bonus from all residential zoning districts except
RM – Residential Multi-Family.
Jon Nicholas/EDC Executive Director stated support for the staff
recommendation. The EDC supports amendments to the EVDC which
address workforce housing.
Those speaking in favor of the amendment included Neil Woodley/Town
citizen, Pat Newsom/Town citizen, Johanna Darden/Town citizen, Connie
Phipps/Town citizen, John Phipps/Town citizen, and Sandy Lindquist/Town
citizen. The amendment would protect single-family properties from future
unintended consequences of defacto rezoning. Lack of attainable and
workforce housing continues to be an issue in Estes Park and can be
addressed without doubling the density in single-family residentially zoned
properties. Short-term rentals have exasperated the problem with a number
of single-family homes converted from long-term rentals.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance
into the record. It was moved and seconded (Norris/Holcomb)to approve
Ordinance #30-17,and it passed unanimously.
3. ACTION ITEMS:
1. 2018 STRATEGIC PLAN.Assistant Town Administrator Machalek presented
the proposed 2018 Strategic Plan which was developed over the past 6 months.
The key outcome areas remained the same for 2018 with a refinement of the
goals and development of 2018 objectives.
Art Messal/Town citizen stated Estes Park is at a crossroads and needs to
develop a strategy to address the current significant issues. He stated the
current plan does not meet the needs of the community.
Michelle Hiland/Town citizen approved of addition of a survey in 2018 and would
encourage the involvement of the Economic Development Corporation and Visit
Estes Park.
Emily Jurgens/County citizen, parent and educator requested the Board address
the childcare issue sooner than the 5 years outlined in the proposed Strategic
Plan.DRAFT5
Board of Trustees – November 14, 2017 – Page 4
Trustee Martchink suggested the advisory boards should provide
recommendations on objectives to include in future plans. Mayor Pro Tem
Koenig stated the Trustee liaison should be the conduit for reporting back issues
and concerns to the Town Board.
It was moved and seconded (Holcomb/Norris)to approve 2018 Strategic
Plan, and it passed unanimously.
2. PUBLIC HEARING – 2018 BUDGET:Mayor Jirsa opened the public hearing.
Director Hudson presented the proposed 2018 budget, including the intended
uses of the Highway User Trust Fund revenues received from the State of
Colorado. The proposed budget was presented to the Town Board during study
sessions held on October 13, 20 and 24, 2017 and all changes have been
reflected in the budget for the Board’s consideration. The budget contains 23%
reserves, 3% sales tax increase, new positions including a Police Officer,
conversion of the part-time Municipal Court Clerk to a full-time position with part-
time duties as a Human Resources Assistant, a Facilities Maintenance Worker,
and a Development Engineer/Floodplain Administrator, 2% merit, improvements
to the Visitor Center, set aside $400,000 for the US Hwy 36 and Community Drive
intersection for future development, and the replacement of the mobile stage. It
was moved and seconded (Koenig/Holcomb)to continue the public hearing
to the November 28, 2017 Town Board meeting, and it passed unanimously.
3. ORDINANCE #24-17 AMENDMENT TO THE ESTES PARK MUNICIPAL
CODE CHAPTER 8.06 NOISE.Mayor Jirsa opened the public hearing. Attorney
White presented an amendment to the Town’s Noise Ordinance which would
address noise from a unreasonableness standard rather than a decibel limit.
Unreasonable sound would be defined as any sound of such level, intensity or
duration as may or tends to be injurious to human health or welfare, or that
unreasonably interferes with the enjoyment of life or property, or causes damage
to any property. This would allow the Police or Code Enforcement personnel to
make a prima facie determination as to whether noise would be unreasonable.
The Ordinance would further regulate unreasonable noise for motor vehicles,
and restrict amplified outdoor music.
Jack Knudson/Town citizen stated the proposed Ordinance would remove any
mention of decibel levels requiring the Police to determine unreasonable noise.
The noise standards would be lower than those set by the state legislature. He
requested the Board table the Ordinance and write and Ordinance that would
comply with the state statutes and include decibel levels.
Chief Kufeld agreed with the proposed changes and stated the unreasonable
noise standard would be enforceable. Officers responding to a noise complaint
would be required to assess the situation and make an assessment.
Trustee Walker commented on the need to address intermittent and chronic
noise issues. He stated concern with the enforceability of the proposed
Ordinance.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into
the record. It was moved and seconded (Holcomb/Norris)to approve
Ordinance #24-17, amending Chapter 8.06 of the Estes Park Municipal
Code Relating to Regulation of Unreasonable Noise, and it passed with
Trustee Walker voting “No”.
4. ORDINANCE #25-17 CONTRACT APPROVING SALE OF PARCEL #25302-
13-961.Mayor Jirsa opened the public hearing. Attorney White presented a
contract to sell a Town owned parcel created when the United States Bureau of
Reclamation acquired a one hundred foot right-of-way for the Lake Estes
Penstock for its Colorado Big Thompson Project. The property has limited value,
and the Town has not used the property. The purchasers own the adjoining
parcel and propose to purchase the property in order to combine it with the DRAFT6
Board of Trustees – November 14, 2017 – Page 5
adjoining parcel and develop the two properties. The purchase price for the
property would be $1,000; purchaser responsible for title insurance, survey and
all closing costs; and closing would be contingent upon the buyer obtaining
approval of a development plan, resubdivision, and rezoning of the properties.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into
the record. It was moved and seconded (Holcomb/Walker)to approve
Ordinance #25-17 approving the contract to buy and sell real estate for the
sale of Town property, and it passed unanimously.
5. FISH HATCHERY WORKFORCE HOUSING DEVELOPER SELECTION.
Manager Landkamer provided a review of the RFP issued for professional
services to identify a developer to plan, design, implement and build workforce
housing on the 75 acre Town owned Fish Hatchery property. A selection team
reviewed the three proposals received and recommended the Town initiate
negotiations with AmericaWest Housing Solutions and Prairie Fire Development
Group. The developer has also identified the potential to develop the Town
owned parcel south of Crossroads Ministry on Dry Gulch Road for workforce
housing, and has teamed up with Crossroads to address the growing needs of
the organization as well.
Trustee Martchink questioned if a formal definition for workforce housing has
been developed defining the number of hours an employee must work within the
Estes valley to qualify for housing.
Art Messal/Town citizen commented on the need to have more details on the
impact of the workforce developments on the community. He stated concern the
public has not been involved in the process thus far. Michelle Hiland/Town
citizen agreed with the statements and further commented a plan or strategy has
not been developed for workforce housing.
It was moved and seconded (Hoclomb/Nelson)to approve the selection
committee’s recommendation to initiate negotiations with AmericaWest
Housing Solutions and Prairie Fire Development Group for the
development of the Town owned Fish Hatchery and Dry Gulch properties,
and it passed unanimously.
6. RESOLUTION #27-17 IN SUPPORT OF THE REAUTHORIZATION OF THE
COLORADO STATE LOTTERY.Assistant Town Administrator Machalek
presented a Resolution to support the Colorado Lottery and to encourage the
General Assembly to consider the extension of the Division during the 2018
general session. It was moved and seconded (Norris/Holcomb)to approve
Resolution #27-17, and it passed unanimously.
7. PARKS ADVISORY BOARD INTERVIEW COMMITTEE APPOINTMENT.
It was moved and seconded (Martchink/Holcomb)to appoint Trustee
Martchink and Mayor Pro Tem Koenig to the Parks Advisory Board
Interview team, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:53 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town ClerkDRAFT
7
Town of Estes Park, Larimer County, Colorado November 14, 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 Rooms 202/203 in said Town of Estes Park on the 14th day of
November, 2017.
Board:Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
Attending:All
Also Attending:Assistant Town Administrator Machalek,Town Attorney
White, Director Hunt, Chief Kufeld, Captain Rose, Town
Clerk Williamson and Recording Secretary Beers
Absent:Town Administrator Lancaster
Mayor Jirsa called the meeting to order at 5:00 p.m.
UPDATE ON DEVELOPMENT CODE CHANGES.
Staff provided an update of proposed amendments to the Estes Valley Development
code and current status of 2017 changes. Director Hunt reviewed progress and
mentioned passed amendments to include modifications to vacation home regulations
and the development of a standardized method for measuring building height. He stated
there are several additional code amendments which are in progress and highlighted
the amendment to Restricting Density Bonus eligibility to the RM district. Staff’s priority
would be to provide alternatives to streamline process, provide incentives and
clarification, and eliminate unnecessary review procedures. Director Hunt discussed an
amendment proposing a change in measuring the number of housing units per acre
from net density to gross density to simplify measurement and avoid confusion.
Mayor Pro Tem Koenig stated interest in regulations that allow a facility to be built in
conjunction with workforce housing to provide onsite childcare for working families.
Assistant Town Administrator Machalek stated the Strategic Plan includes building code
changes to enhance the opportunity for including a childcare facility with a development.
Director Hunt stated the building can potentially be multi-functional and modified based
on need and would bring more information back to the Board.
Director Hunt stated the Comprehensive Plan continues to be a priority for staff. Senior
Planner Woeber presented suggestions and a timeline for the new Comprehensive
Plan. He stated the plan would be completed in house with staff developing a
streamlined and generalized plan addressing the needs of the Town and the County.
Public participation would be a fundamental key to outline prioritizing. Planner Woeber
outlined an estimated timeframe for the process:
x November 29, 2017 – Planning workshop.
x December 2017 – Background research/compose introduction and preface.
x January 2018 – Study sessions and public input.
x February/March 2018 – Draft Comprehensive Plan.
x July 2018 – Present draft and begin public comment period.
x August/September 2018 – Revise Plan.
x Winter 2018 – Adoption.DRAFT8
Town Board Study Session – November 14, 2017 – Page 2
Planner Woeber stressed the importance of input from business owners, citizens and
visitors for development of the plan. He anticipates merging the corridor and
neighborhood concepts for land use in the Estes valley.
Trustee Norris suggested sourcing planners from other communities to conduct a peer
review and provide input for the plan, and recommended providing periodic updates to
the Board on the progress of the Comprehensive Plan.
DISCUSSION ON USE OF OFF HIGHWAY VEHICLES ON TOWN STREETS.
A public request was presented to the Board to allow off highway vehicle (OHV) use on
Town streets for snow plowing. The State Statue states municipalities can allow the use
of OHV on Town streets by ordinance. Police Chief Kufeld and Captain Rose presented
recommendations for allowing the use,including; limiting use from October-May,
minimum of 18 years of age for operators, requiring safety equipment, liability
insurance, registration for vehicles with the State and a valid driver license. The State
restricts use on State highways with the exception of cross over travel making
enforcement difficult with Highway 34, 36 and 7 dividing the town. Chief Kufeld stated
traffic congestion would be a potential safety concern for riders and other traffic. The
Board recommended adding language to the ordinance limiting the use for snow
removal only and agreed traffic congestion would be a concern if use were allowed
year-round. Board consensus was to bring the ordinance forward to the November 28,
2017 Town Board meeting.
DISCUSSION OF TOWN BOARD SALARIES.
Town Clerk Williamson reviewed Town Board compensation requesting direction from
the Board on a recommended increase to bring compensation to an average among
similar municipalities. In the past review occurred to determine if current salaries would
be sufficient to cover the cost of health care premiums. She stated with the change in
employee portion of insurance premiums dropping from 25% to 10%,premiums have
not been higher than compensation, and therefore, are not a driving force in considering
increases to compensation. The Town has fallen behind other communities in
compensation comparisons. Staff recommended changing compensation for the Mayor
to $9,000, Mayor Pro Tem to $7,000 and Trustees to $6,000. Any adopted changes
would not affect the current Board and would only effect newly elected officials. Town
Clerk Williamson elaborated on the comparisons being used in the past to compare
similar towns or cities and stated an increase was not budgeted for 2018.
Discussion by the Board followed and has been summarized: as a premier mountain
community the Town should not be lower in compensation results, a goal would be to
attract good members; compare workload to other municipalities when considering
compensation; the cost of benefits need to be considered along with compensation,
would increasing compensation attract younger members of the community and make it
affordable for them to serve on the Board, and consider 50% of the compensation
market used for employee compensation as a benchmark for the Board.
The Board requested staff bring back additional data comparing municipalities used in
the employee compensation studies to the December 12, 2017 Town Board Meeting.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Trustee Norris provided updates from the Planning Commission meeting held on
November 14, 2017, including, vacation home rentals and the use of iCompass to
locate non-registered rentals, passed amendments for signs and outdoor food vendors,
and the development plan and preliminary townhome subdivision plat for Raven Rock
which staff expects an appeal brought forward to the Board.DRAFT9
Town Board Study Session – November 14, 2017 – Page 3
Trustee Holcomb volunteered to replace Trustee Walker as the liaison to the Local
Marketing District Board. Appointment would require an amendment to the Policy at a
future Board meeting.
FUTURE STUDY SESSION AGENDA ITEMS.
The Board was in agreement to schedule the following items:
x November 28, 2017 – Lot 4 Special Review Permit Modification for Fill/Drainage.
x December 12, 2017 – Final Review of 2017 Strategic Plan, Downtown Plan final
draft discussion and presentation of PRPA Zero Net Carbon Report.
x January 9, 2018 – Discussion of Downtown Parking management plan and
discussion of Fire District request to collect impact fee.
x January 23, 2018 – Future use of Senior Center building.
Discussion on Broadband ProForma and an update on VIA were added to approved
items, unscheduled.
There being no further business, Mayor Jirsa adjourned the meeting at 6:46 p.m.
Bunny Victoria Beers, Recording Secretary
DRAFT10
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
Commission: Chair Russ Schneider, Vice-Chair Bob Leavitt, Commissioners Betty Hull, Steve
Murphree, Sharry White, Robert Foster, Doyle Baker
Attending: Chair Russ Schneider, Vice-Chair Leavitt, Commissioners Betty Hull, Steve
Murphree, Sharry White, Robert Foster, and Doyle Baker
Also Attending: Director Randy Hunt, Senior Planner Jeff Woeber, Planner Audem Gonzales,
Planner Carrie McCool, Code Compliance Officer Linda Hardin, Planner Robin
Becker, Town Board Liaison Ron Norris, and Recording Secretary Karen
Thompson
Absent: County Staff Liaison Michael Whitley
Chair Schneider called the meeting to order at 1:30 p.m. He explained the purpose of the Planning
Commission. There were approximately 50 people in attendance.
1.APPROVAL OF AGENDA
It was moved and seconded (White/Hull) to approve the agenda as presented and the motion
passed 7-0.
2.PUBLIC COMMENT
Johanna Darden commented on the Estes Valley Comprehensive Plan.
3.CONSENT AGENDA
A.Approval of September 19, 2017 Planning Commission meeting minutes.
B. Estes Park Resort – Applicant request to extend deadline for meeting conditions of approval
related to the Development Plan approved June 20, 2017. Requested deadline is
December 27, 2017 (60 additional days).
C. Request by staff to continue the proposed EVDC amendment regarding Outdoor Food
Vendors to the November 21, 2017 Planning Commission meeting.
It was moved and seconded (Hull/Murphree) to approve the consent agenda as amended and
the motion passed 7-0.
4.REZONING OF LOTS 1-4, MARYS LAKE ESTATES FROM RE–Rural Estate to A-1–Accommodations;
638, 650, 742, 565 LAKEWOOD COURT
Planner Gonzales reviewed the staff report. The subject property is in the unincorporated Estes
Valley. Lots 1-4 make up the entire subdivision. The subdivision consists of one vacant lot, one lot
with a single-family dwelling, and two lots with Bed & Breakfast inns (B&Bs). The existing B&Bs
were built prior to the adoption of the EVDC in 2000, and were conforming at the time they were
11
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
2
built. The applicants stated they were not aware of the rezoning in 2000. The intention of the
subdivision was to provide mixed uses (single-family and B&Bs), which is stated on the Final Plat.
The proposed A-1–Accommodations zone district allows B&Bs and single-family dwellings. Staff
has waived the development plan requirement due to the majority of the subdivision being built
out. Adequate public services are already in place. The application was routed to affected
agencies, with no significant issues. A legal notice was published in the local newspaper and
adjacent property owners were notified by mail. There were no public comments received.
Staff and Commission Discussion
There was brief discussion regarding a previous attempt to rezone the property which was
withdrawn before it went to a public hearing.
Public Comment
Matthew Gordon/Promontory Condominium Owner’s Association (COA) representative stated
the COA did not receive the adjacent property owner notice. He stated the Larimer County
Assessor’s Office does not have an address on file for this COA-owned property.
Staff and Commission Discussion
Commissioner Baker stated if the current owners’ issues can be addressed in a method other than
rezoning, then he would recommend the alternative method. He did not see any justification to
rezone the subdivision to A-1–Accommodations when there is a proposed amendment on today’s
agenda dealing specifically with B&Bs.
It was moved and seconded (Murphree/Hull) to recommend denial of the rezoning of Lots 1-4,
Marys Lake Estates to the Larimer Board of County Commissioners, finding insufficient
evidence to support the rezoning and the motion passed unanimously to deny.
5. DEVELOPMENT PLAN 2017-07 & PRELIMINARY TOWNHOME SUBDIVISION PLAT; RAVEN ROCK
TOWNHOMES; TBD PROMONTORY DRIVE
Chair Schneider disclosed he spoke with Ms. Darcy Tiglas, who performed the wetland study for
this property.
Planner Gonzales stated this item was continued from the September meeting. The Commission
directed the applicant to provide additional information regarding drainage. The project proposes
19 duplex buildings with 38 individually-platted townhome lots. Ms. Tiglas is in attendance today
to review the wetland study.
Staff and Commission Discussion
Director Hunt stated groundwater is regulated jurisdictionally by the State of Colorado, and local
jurisdictions do not have the authority to regulate groundwater. Commissioner Baker inquired
about the process of the pre-application meeting and whether or not the issues at hand had been
12
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
3
discussed at that time. Planner Gonzales stated wildlife issues are not known until a study is done.
The Town engineer was present at the pre-application meeting and provided the parameters for
the traffic study. View corridors were not discussed, and are not part of the development code
regulations. Planning and engineering concerns are revealed during the review process, not the
pre-application meeting. A future trail is proposed for the other side of Marys Lake Road, and is
not required for this project. Wildlife and conservation plans were provided by the applicant,
though the conservation plan was not required. Additional studies are not required. Town
Attorney White stated an environmental assessment (NEPA) was not required, as that is a Federal
regulation, not a local one.
Public Comment
Lonnie Sheldon/applicant representative stated an addendum to the preliminary drainage report
was provided, specifically providing additional information regarding the channel and the outlet
structure. Mr. Sheldon did not see any evidence of nesting on the small rocky outcropping
adjacent to the property. His conclusion is the elk and deer will adapt to the development, as they
have done in other areas of the Estes Valley. He addressed Mr. Conrad’s public comment. Mr.
Conrad stated in his written comment that multi-family housing would be better suited for this
property. Mr. Sheldon stated multi-family housing would allow over 60 units on this property,
where only 38 are proposed. Regarding the Arapahoe Meadow HOA request for the Raven Rock
developer to improve a culvert in their subdivision, Mr. Sheldon stated that is a private issue of
the HOA and will not be addressed by the applicant.
Matthew Delich/traffic engineer stated he scoped out the project with the Town Engineer prior to
conducting the study. He explained the details of the study, which can be viewed on the Town
website. Traffic counts were done in July. Vacation rentals would actually create fewer numbers
of vehicle trips than full-time residential use. The analyzation uses peak hours on the street. Mr.
Delich stated this project would not have triggered a traffic study through CDOT if Marys Lake
Road were a state highway.
David Bangs/project engineer stated groundwater movement is very difficult to monitor. Soil
samples can be used, and were included in the preliminary report. The adjacent property owner
was provided with the addendum to the drainage report.
Jim Mackey/property owner stated units 37 and 38 would have a lower profile and no walk-out
lower level. He was confident the project was in compliance with the Estes Valley Development
Code.
Darcy Tiglas/environmental consultant stated the only revision to the report was in the summary.
There was one wetland community identified at the far south end of the property. The
delineation is determined mainly by vegetation, then by soil. She did not have permission to
access the neighbor’s property, so the line of demarcation only goes to the property line.
13
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
4
Michael Keilty/town resident provided written comment that will be posted on the Town website.
He sent the preliminary drainage report to his consultant. He requested the Raven Rock project
be tabled by the Planning Commission until additional drainage studies can be completed.
Barbara Keilty/town resident stated a safe drainage plan has yet to be submitted. Her concerns
have not been adequately addressed, and she believes her home is in immediate danger if the
current drainage plan is approved. She requested tabling the Raven Rock project, and also
requested she have a minimum of 30 days to review any future drainage reports.
Dawn James/town resident stated an environmental study should be conducted. She requested a
24-hour traffic assessment. She was concerned about the potential for vacation rentals. She
requested other nearby intersections be included in the traffic study. She asked the walking path
be extended to include the east side of Marys Lake Road.
Matthew Gordon/Promontory COA representative stated the Estes Valley Comprehensive Plan
recommends lowering density as development moves from the city center. This project would not
be in line with the Comprehensive Plan.
Richard James/The Meadow Condominiums representative submitted written comments which
will be posted on the Town website. He recommended redesigning the project to have less impact
on the neighbors.
Kevin Conrad/town resident was concerned about the quality of the stormwater.
Claire Ray/town resident stated she hoped the Commission would consider some of the proposed
revisions to the project. She disagreed with the traffic study.
Ann Chandou/town resident read Danielle Wolf’s letter that was submitted the morning of the
meeting. The letter will be posted on the Town website.
Beverly Wright/town resident stated the project could complement the area if it was revised.
Johanna Darden/town resident was concerned about the project’s effect on the wildlife, and was
supportive of additional drainage studies.
Mr. Sheldon explained how the traffic study was conducted. He stated the Final Drainage Report
is very specific regarding the size of the underground pipes, etc., which the preliminary drainage
report does not provide. David Bangs/project engineer stated the infrastructure is designed for
maximum flow, and includes an additional one foot of freeboard that is not required. They have
14
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
5
gone over and beyond on several code requirements, and are proposing fewer units than
allowed. The development meets or exceeds the EVDC.
Public comment closed.
Staff and Commission Discussion
There was discussion among staff and Commissioners, with comments including but not limited
to: concern about how the project met the goals and objectives of the comprehensive plan, the
comprehensive plan is not a regulatory document; it is important the comprehensive plan be
updated as soon as possible; some requests from the public were outside of the requirements;
concern about lack of communication with adjacent property owners; visually sensitive areas and
density should be addressed in the development plan; continued concern regarding drainage; the
development plan complies with the EVDC; concern regarding impact on neighboring properties,
traffic, drainage, and wildlife migration.
It was moved and seconded (Leavitt/White) to continue the Raven Rock Development Plan and
Preliminary Townhome Subdivision Plat to the November Planning Commission meeting, with
the suggestion there be dialogue with adjacent property owners on the water and drainage
issues, as well as issues related to how this intensive development is compatible with the Estes
Valley Comprehensive Plan with relationship to issues such as wildlife migration, open space,
and visually sensitive areas, and the motion passed unanimously.
Director Hunt clarified with the Commission that any new information would be provided in the
meeting materials and distributed prior to the next Planning Commission meeting.
Chair Schneider called for a five minute recess at 3:52 p.m. The meeting reconvened at 4 p.m.
Chair Schneider was not in attendance for the remainder of the meeting due to a previously
scheduled commitment.
6. DEVELOPMENT PLAN 2017-06; FISH CREEK STORAGE; 1901 FISH CREEK ROAD
Planner Gonzales reviewed the staff report. The proposed project consists of 86 storage units
(15,000 total square feet) in two buildings. The property is zoned I-1–Industrial, and is currently
developed with multiple buildings and one single-family dwelling. The proposal includes razing all
buildings except the single-family dwelling. A paved loop driveway would circulate vehicles
through the property and allow fire truck access. The applicant is requesting a waiver to the
parking lot lighting requirement, as no parking lot lighting is proposed. Additionally, the west side
of the property has a 20-foot cliff, which staff has approved as a landscape buffer. The cliff serves
as a natural screen to the west. The project would trigger at least 15 trees, and the applicant has
requested a waiver to this requirement. A gate is proposed for the south side, which would allow
fire truck access to the property. The existing culverts on Fish Creek are not being replaced. The
Larimer County Engineering Department reviewed the submitted drainage plan and provided
15
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
6
preliminary approval, pending submittal of the Final Drainage Plan. A right-of-way of an
additional 20 feet will be dedicated and recorded. A variance has been applied for regarding the
cliff on the west side. The variance is triggered because the existing cliff cut is more than 12 feet.
The applicant has also requested waivers to parking and loading area requirements, stating
requiring eight additional parking spaces and a designated loading area is impractical because the
scope of the project is drive-in accessible storage units.
Planner Gonzales stated the Planning Commission is the decision-making body for this
application. A legal notice was published in the local newspaper, and the application was routed
to affected agencies. Adjacent property owners were notified by mail. Staff recommends approval
of the development plan, with two conditions of approval, listed below.
Public Comment
Lonnie Sheldon/project engineer described how the stormwater drainage will function.
Chris Eshelman/applicant stated he will continue to live on site, and expects the proposed project
will have less noise impact to the neighbors than what is currently there. He understands the
project approval depends on the right-of-way dedication and the approval of the variance.
Public comment closed.
Staff and Commission Discussion
None.
Conditions of Approval
1. An approved variance to lower original grade more than 12-feet is required and shall be
approved prior to Planning Commission signatures on the Development Plan.
2. A 20-foot right-of-way dedication for Fish Creek Road by separate instrument shall be
recorded and a copy with recordation notation shall be submitted to Community
Development staff within 60-days of Development Plan approval date.
It was moved (Foster/Murphree) to approve the Fish Creek Storage Development Plan according
to findings of fact with findings and conditions recommended by staff and the motion passed 6-
0 with one absent.
7. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING BED AND BREAKFAST
INNS
Planner McCool stated this item was continued from the September Planning Commission
meeting. This amendment would set forth an administration review process for B&Bs with eight
and under occupants. The proposed amendment states B&Bs with nine or more occupants would
be permitted by special review in all residential zone districts with the exception of the RM-
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
7
Residential Multi-Family district where it would be permitted by right. B&Bs are currently
prohibited in all residential zone districts except RM. Staff reviewed the occupancy framework for
Vacation Homes to establish regulations for B&Bs, and are proposing B&Bs be permitted by right
in all residential zone districts for eight and fewer occupants. An on-site manager is required.
Regarding occupancy requirements for the manager, the two guests per bedroom plus two would
apply, with one of the rooms being for the manager. The extensive staff report and draft code
language can be viewed in full on the Town website.
Staff and Commission Discussion
It was noted B&Bs would not be subject to the Vacation Home cap. The B&Bs would most likely
be monitored by Host Compliance, and an annual registration would be required. They are
comparable to home occupations. Comments included but were not limited to: clarification in the
code regarding what will be monitored; B&Bs will have better control than Vacation Homes
because the operator will live on site; multiple parties can stay on one property.
Director Hunt stated there will need to be conversation with the Town and County building
departments regarding applicable building, health and fire code regulations. There was
discussion regarding an unintended consequence regarding the number of bedrooms allowed to
be rented with on-site owners. The change in the code language could be made in the motion.
Staff will do additional research to make sure all intentions are clear. Special review applications
would allow the review of parking, lighting, etc.
Public Comment
Johanna Darden/town resident was opposed to allowing B&Bs in residential zone districts, saying
it was unfair to full-time residents.
Kristi Christopher/town resident stated the requirement of an on-site owner will keep guests
under control.
Jeff Robbins/town resident agreed with Ms. Christopher’s comment. B&Bs are a vital part of
vacation communities and will add a lot to the Estes Valley. He commended Planning staff for
their hard work on this amendment.
Bob Welch/county resident was supportive of B&Bs, and questioned if a property owner could
have both a B&B and a Vacation Home license.
Tony Schetzsle/town resident was opposed to having business operations in residential
neighborhoods, stating this was de facto rezoning.
Public comment closed.
17
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
8
Staff and Commission Discussion
None.
It was moved and seconded (Baker/Foster) to recommend the Estes Park Town Board and
Larimer County Board of Commissioners approve the text amendment to the Estes Valley
Development Code as presented in Exhibit A as recommended by staff, with the following two
revisions: 2.a.(2) add to the end of the first full sentence “in residential zone districts except
the RM-Residential Multi-Family zone district”; 2.a(3) replace “subtracted from” with “added
to”, and the motion passed 6-0 with one absent.
8. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE TO ADD A DEFINITION IN CHAPTER 13
FOR THE TERM “SINGLE-FAMILY USE”, AND TO AMEND TABLE 4-1 TO MATCH THE DEFINED USE
Director Hunt stated there is no definition in the code for single-family use. The proposed
amendment brings clarity to the code. There was discussion about the history behind limiting a
single-family use to eight unrelated individuals. Director Hunt suggested additional discussion
regarding the number of unrelated individuals at the November study session.
It was moved (Foster/Hull) to recommend the Estes Park Town Board of Trustees and Larimer
County Board of County Commissioners approve the text amendment to the Estes Valley
Development Code as presented in Exhibit Red as recommended by staff and the motion
passed 5-1 with one absent and Commissioner Baker voting against.
Commissioner Baker disagreed with the definition of single-family use being limited to eight
persons, stating it was not common language and could result in future problems.
8. AMENDMENT TO THE EVDC CODE SECTIONS 11.4.b AND 11.4.d TO ELIMINATE APPLICABILITY
AND USE OF THE ATTAINBLE HOUSING DENSITY BONUS IN THE RE-1–Rural Estate, E-1–Estate,
E–Estate, R–Residential, & R-2–Two-Family Residential ZONE DISTRICTS
Director Hunt stated this text amendment would restrict the attainable housing density bonus to
the RM–Residential Multi-Family zone district. The idea is approached with caution because it
does take some potential properties off the table for workforce or attainable housing. There have
been genuine concerns to keep single-family neighborhoods as such. This amendment would
restrict the density bonus to only the RM zone district. Planning is about predictability, and this
amendment would accomplish that goal for those residents owning property in single-family zone
districts.
Staff and Commission Discussion
There was discussion regarding deed restrictions on multi-family units, and the mention that
alternative mechanisms might be used in the future. EVDC Chapter 11 (Density Bonus) will need
to be looked at more carefully to allow maximum flexibility with attainable/workforce versus
market rate units.
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
9
Public Comment
Johanna Darden/town resident asked for clarification on the amendment. Director Hunt
explained it would the owner’s discretion as to whether or not a deed restriction would be placed
on the property.
Tony Schetzsle/town resident would support the code amendment. He was concerned about the
changes in the code affecting the single-family neighborhoods. Justification was ironic.
Public comment closed.
It was moved (Hull/Murphree) to recommend the Estes Park Town Board of Trustees and
Larimer County Board of County Commissioners approve the text amendment to the Estes
Valley Development Code as presented in Exhibit Gamma Red as recommended by staff and the
motion passed 6-0 with one absent.
10. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING MAXIMUM RIDGELINE
HEIGHT LIMIT FOR STEEPLY SLOPED GABLED & HIPPED ROOF STRUCTURES
Director Hunt stated this was continued from the September 19th Planning Commission meeting.
He stated the reason for continuance was to provide a better description as to where the
measurements were initiated. It was requested to have more understanding of some of the
construction terms that would directly affect the measurements. Charlie Phillips, residential plans
examiner, was in attendance to answer questions. Illustrations were provided as part of the
meeting materials.
Staff and Commission Discussion
There was discussion about how the measurements would apply. The Estes Valley has a lot of
custom-built homes, but there had to be a line drawn somewhere. Director Hunt stated there was
discussion with the Commission and local architects several months ago, where the
recommendation was made to use averages. The past method of measuring height was confusing
to developers. Director Hunt stated using a mean average was a classical approach for building
height.
Public Comment
None.
It was moved and seconded (White/Hull) to recommend the Estes Park Town Board of Trustees
and Larimer County Board of County Commissioners approve the proposed code amendment as
presented in Exhibit Red and the motion passed unanimously 6-0 with one absent.
11. REPORTS
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 17, 2017
Board Room, Estes Park Town Hall
10
A. Director Hunt stated the Town Board Study Session on December 12, 2017 will include a
presentation by the Downtown Plan consultants, Winter and Company. Commissioners were
encouraged to attend. The meeting location has yet to be determined.
B. The December 12, 2017 Town Board Study Session will also include the strategic goals for
2018. Many of these goals concern planning and community development matters.
C. Senior Planner Woeber reported the Colorado Department of Local Affairs (DOLA) will be
offering a Planning Commissioner refresher workshop in Estes Park on Wednesday, November
29th from 4 – 6:30 p.m. in the Town Board Room. Other jurisdictions will be invited to this free
training, and all Estes Valley Planning Commissioners are encouraged to attend.
D. Commissioner White reported the one-year time period for vacation home review was coming
up in December. She would like to revisit the provision, or absence of, the requirement for the
property manager to respond to any complaints within thirty minutes. Director Hunt stated
there are some minor amendments to propose, now that we have been working with the new
regulations for one year.
E. Director Hunt reported the County Commissioners are very interested in updating the Estes
Valley Comprehensive Plan, and he saw no reason it could not be made a priority.
There being no further business, Vice Chair Leavitt adjourned the meeting at 5:35 p.m.
_________________________________
Russ Schneider, Chair
__________________________________
Karen Thompson, Recording Secretary
20
Town of Estes Park, Larimer County, Colorado, October 26, 2017
Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Conference Room of the Estes Park
Museum on the 26th day of October, 2017.
Present Dewain Lockwood
Terry Rustin
Vicki Papineau
Ronna Boles
Also
Present: Megan Van Hoozer, Public Works Administrative Assistant
Patrick Martchink, Town Board Liaison
Kevin McEachern, Public Works Operations Manager
Absent: Carlie Bangs
Merle Moore
Brian Berg, Parks Division Supervisor
Acting Co-Chair Boles called the meeting to order at 8:30 a.m.
PUBLIC COMMENT
Town Board Liaison Patrick Martchink informed the group that a Sunset Review of the
Parks Advisory Board took place at a Town Board Study Session on October 13, 2017.
It was determined to continue having this board meet and perform the services currently
in place. A new sunset date has been set for 5 years from now. Martchink also
announced that he may be appointed the new Visit Estes Park Liaison. As a result,
Martchink may have to discontinue being the PAB liaison due to the time demands. This
determination is yet to be finalized.
Public Works Operations Manager, Kevin McEachern, attended the Youth on Board
meeting yesterday. There was great community participation and turnout for the
meeting. Plenty of high schoolers are wanting to participate in this program. A student
has already been selected to be a student liaison for the PAB however we do not yet
have the student’s name. An action item that came from the meeting was to establish a
PAB member as a mentor to provide guidance and expertise, share knowledge, and get
21
Parks Advisory Board – October 26, 2017 – Page 2
involved in community process. Acting Co-Chair Boles volunteered to be the PAB
mentor.
GENERAL BUSINESS
All were in favor to approve the September meeting minutes and the motion passed
unanimously.
PARKS DIVISION UPDATE
Manager McEachern was available to provide the Parks Division update in Supervisor
Berg’s absence.
The Parks Division has been helping to unload boulders/large stones and
prepared the ground for the Veterans Monument Park project prior to work
commencing. Cornerstone Concrete will be installing the walkway early next
week, weather permitting. The Veterans Monument Committee is not anticipating
total project completion by November 11, but it will be substantially complete.
Although there haven’t been any plans as of this date for work to take pla ce at
Mrs. Walsh’s Garden, the funding is secured and segregated from rest of Parks
Division budget.
More planting will take place at the parking structure in spring 2018. The Town is
currently performing electrical work on the street lighting. Acting Co-Chair Boles
brought up a safety concern for the Parks Division employees that deadhead
flowers in planters, etc. Safety measures will be appropriately assessed by
Supervisor Berg moving forward.
Member Papineau reported that Larimer County has begun enforcement of
weed/yard violations in 2017 by performing weekly compliance checks. The
County will go over their procedures at the January 8, 2018 ELSA meeting for
collaborative efforts.
BOARD RENAMING
Members in attendance did not express any pressure to rename the board. Member
Papineau asked how other municipalities handle their naming conventions for like
boards. Ft. Collins is Arts in Public Places (AIPP). Boles will perform additional
22
Parks Advisory Board – October 26, 2017 – Page 3
research. It was determined this discussion would be tabled until the November meeting
for larger group discussion.
OTHER BUSINESS
Decorating Utility Boxes (DUB): Acting Co-Chair Boles reported that Kent Smith of
Smith Sign Studio would be receiving the anti-graffiti sealant in the coming week. Boles
and the Light & Power Administrative Assistant, Sarah Clark would meet in the near
future to discuss this program for the upcoming year and determine any needed
changes to existing guidelines/processes. Boles and Clark will also work to establish an
additional policy for businesses to commission artists to paint utility boxes residing on
the business property.
Vinyl Wraps have 3-year warrantee. Public Art Collective felt the Town of Estes Park
could get 7 years from the wraps in this mountain climate. The PAB will wait through the
winter to see how the wraps hold up. The ‘free’ wrap located behind the Police
Department has started peeling for the second time since installation.
PAB Position Postings: Rustin asked why the Parks Advisory Board positions haven’t
been posted in the newspaper. These position postings have been provided to the
Town’s Human Resources Open positions to be posted and should be in the next
edition.
Meeting Schedule: Acting Co-Chair Boles suggested that December’s scheduled PAB
meeting be changed to December 14, 2017 from December 21, 2017 in order to
accommodate holiday travel schedules. Megan Van Hoozer will send an updated
calendar invitation to all PAB members.
Public Works Meeting Representation: Director Muhonen announced to the board the
determination that too many Town resources were attending the PAB meetings on a
regular basis. Moving forward Director Muhonen and Operations Manager McEachern
will only attend the PAB meeting if requested and added to the agenda.
With no other business to discuss, Acting Co-Chair Boles adjourned the meeting at 9:40
am.
23
Town of Estes Park, Larimer County, Colorado, October 18, 2017
Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Room 203 of Town Hall on the 18th
day of October, 2017.
Present: Kimberly Campbell
Gordon Slack
Ken Zornes
Tom Street
Ann Finley
Amy Hamrick
Belle Morris
Also Present: Bob Holcomb, Town Board Liaison
Greg Muhonen, Public Works Director
Megan Van Hoozer, Public Works Administrative Assistant
Larry Gamble, RMNP
Lochen Wood, RMNP
Absent: Stan Black
Claudine Perrault
Chair Campbell called the meeting to order at 12:00 p.m.
PUBLIC COMMENT:
No public comment.
A motion was made and seconded (Slack/Street) to approve the September minutes and
all were in favor.
SHUTTLE UPDATE
No Shuttle Committee representation was in attendance. Director Muhonen stated that
the Town applied for a LONO Grant to purchase an electronic shuttle and was informed
this grant is only eligible for year-round transit services. As a result, the Town was not the
grant recipient. Transit Program Manager, Brian Wells has submitted a second grant
application with different requirements. An update will be provided once a determination
of award is made.
Lochen Wood of Rocky Mountain National Park (RMNP) is working on their Visitor Use
Access Strategy. Wood feels it would be positive to integrate RMNP’s shuttle service with
25
Transportation Advisory Board – October 18, 2017 – Page 2
the Town’s service. Director Muhonen will be the Town staff advocate and will work with
John Hannon on this initiative. The integration work was suggested to take place after
Downtown Loop is in place since it will be easier to predict traffic flows.
Wood suggested the TAB be used as a focus group for RMNP solutions and provide
opportunity for collaboration related to the RMNP day-use access issue. An
Environmental Assessment will coming out regarding RMNP Fall River Entrance
upgrades.
PROJECT UPDATES, Greg Muhonen, Director of Public Works
Estes Park Transit Facility Parking Structure: Director Muhonen indicated that the new
parking structure has been at capacity 3 times since opening. Continued comments are
being received about the sign saying ‘Visitor Center’. There are individuals that believe
this is only for visitors or that you need to be going to the Visitor Center in order to park
there. The Town anticipates the Digital Message Signs (DMS) will help the situation going
forward. Wayfinding is still an issue once visitors walk out of the parking structure.
Supervisor Berg is handling the assessment and ultimate signage creation. The thought
is to create whimsical signage comparable to that in back of the library. An additional
‘Visitor Center’ sign is to be installed on the south side of the Visitor Center facing the
new structure.
Digital Message Signs: The Town is collaborating with the low bidder on project scope
reduction and defining the scope to be completed by Town employees in order to bring
the cost into a manageable range. Further discussions will be delegated to the new Town
of Estes Park Engineering Manager starting on October 30, 2017.
Moraine Avenue Bridge Replacement: The project got off to a rocky start, although it was
not bad during the partial closure. Since the full closure began there has been much
discussion regarding signage changes and the confusion created as a result of mid-day
traffic control layout. Currently, the sanitation district is performing utility work with new
pipe installation connecting to the Weist line allowing emergency or maintenance service
to take place on the back side of the area businesses rather than having to perform
service at the front along Elkhorn.
Member Slack suggested posting a map/graphics rather than using text to convey detour
routes providing ease of understanding. Discussed future changes to detours and
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Transportation Advisory Board – October 18, 2017 – Page 3
whether or not the changes justify further press releases. It is anticipated to be 2 weeks
before the contractor begins removing the bridge.
MacGregor Avenue Improvement: Improvements are substantially complete with minimal
corrective work remaining and ADA compliance issues needing addressed. The rapid
flash button accessibility needs corrected for further compliance. Member Slack
questioned whether or not there is an audible sound when the lights are flashing. Director
Muhonen will confirm and if not already available, will see if audio can be retrofitted to
provide this capability.
Fish Creek: Chair Campbell asked if it is alright to drive on Fish Creek at this time which
was confirmed by Director Muhonen. There is currently work being performed on the top
mat paving and the tie-ins to the adjoining streets remain to be done. It is anticipated that
all will be done by the end of the month.
Fall River Trail Extension – The Town has hired a consultant to apply for 2 additional
grants. Both applications are due November 1, 2017. One grant funder is Colorado Parks
and Wildlife for $200,000 and the other is the Land Water Conservation Fund for
$400,000. Larry Gamble of RMNP offered the Town a letter of support.
OTHER BUSINESS
Member Hamrick expressed concern about the back-ups that occur into the Hwy 34/Hwy
36 intersection. This causes those drivers waiting at the cross lights to sit through green
lights because they’re unable to get through the intersection. Hamrick suggested that
CSOs be assigned to that intersection later in the year during the very busy weekends,
comprised mainly of day-trippers, especially in September and October.
With no other business to discuss, Chair Campbell adjourned the meeting at 1:47 p.m.
27
ADMINISTRATION Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Travis Machalek, Assistant Town Administrator
Date: November 28, 2017
RE: Policy 101 Updates Including Local Marketing District Liaison Appointment
Objective:
To provide an updated Policy 101 for Town Board consideration.
Present Situation:
Policy 101 establishes the Board of Trustees division of responsibilities. Trustee Walker
indicated at the November 14th, 2017 Town Board Study Session that he was interested
in stepping down as the Board Liaison to the Local Marketing District (Visit Estes Park).
Trustee Holcomb indicated that he was interested in filling that role.
Proposal:
Staff has prepared an update to Policy 101 that reflects the Study Session discussion
and replaces Trustee Walker with Trustee Holcomb as the Board Liaison to the Local
Marketing District (Visit Estes Park).
There are also a number of miscellaneous updates to Policy 101 that need to be made:
• Recognizing Trustee Norris as the Board Liaison to the Family Advisory Board.
• Replacing Deb McDougall with Duane Hudson as the Staff Liaison to the Audit
Committee.
• Eliminating the Estes Arts District Board and Staff Liaison roles in accordance
with the Town Board’s direction from the 2018 Strategic Plan.
Advantages:
• Updated Policy reflecting Board division of responsibilities
Disadvantages:
• None
Action Recommended:
Approve updates to Policy 101.
29
Finance/Resource Impact:
N/A
Level of Public Interest
Medium
Sample Motion:
N/A – Consent Agenda
Attachments:
• Redlined copy of Town Board Policy 101 – Board of Trustees Division of
Responsibilities
30
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: February 14November 28th, 2017
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 2/1411/28/2017
1. Purpose The Board of Trustees has many varied responsibilities. In order to effectively use
their time, the Board finds it necessary to divide duties and responsibilities among the Board
members.
2. Assignments To Ongoing Committees: At the first regular meeting following the certification of
the results of each biennial election, the Board of Trustees determines each Board and
Commission Primary Liaison assignments and responsibilities for the remainder of the term of
the current standing Town Board.
a. Interim Assignments: Should the Board deem it necessary to create a new liaison
assignment or to modify assignments at some time other than as described in 101.2,
the Board may do so at any regular meeting of the Board.
3. Assignment To Committees Of The Board Of Trustees (committees comprised solely of
members of the Board of Trustees)
a) Assignments to Standing Committees:
At the first regular meeting following the certification of the results of each biennial
election, the Mayor shall appoint three (3) Trustees to the following standing
committees: Community Development/Community Service and Public Safety/
Utilities/Public Works; and the Mayor shall appoint two (2) Trustees to the Audit
committee with the Mayor serving as the third member.
(Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1,
2014; Ord. 13-15, § 1, 9-22-2015)
a.
i. Assignment of Standing Committee Chairs – At the meeting where the Mayor
appoints the trustees to the two standing committees, the Mayor shall also
appoint a trustee to serve as the Chair of the committee.
b. Assignment to Special Committees: Special committees may be established by the
Board of Trustees. The Mayor shall appoint all members of any special committee
31
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: February 14November 28th, 2017
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 2/1411/28/2017
subject to the approval of the Board of Trustees. (Estes Park Municipal Code
2.08.020)
4. Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the
results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as
Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees,
or during the Mayor's absence from the Town or his or her inability to act, shall perform his or
her duties.” (Estes Park Municipal Code 2.16.010)
5. Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may nominate
trustees to serve on committees, community groups, or in some other capacities as a
representative of the Town, except in cases where a Board Liaison has been approved by the
Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such
appointments to the Board for approval at a regular town board meeting. The Mayor will make
every effort to distribute special assignments equitably among the members of the Board.
6. Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102,
Town Committees, “Applicants for all committees will be interviewed by the Town Board, or
its designees. Any designees will be appointed by the full Town Board.”
7. Outside Committees – Outside committees are committees or boards where the Town is
represented by a member of the Board of Trustees and/or staff. These are not committees of
the Town of Estes Park and therefore the rules and guidelines for membership are those of
the outside entity not the Town. At times, they may request that the Trustees assign an
individual(s) to represent the Town, however they may also request a specific individual or
position as the Town’s representative to the committee.
8. Liaison Assignments - The Mayor may nominate trustees to serve as a Board Liaison.. The
Mayor shall present the nomination of any such appointments to the Board for approval at a
regular town board meeting. The Mayor will make every effort to distribute special assignments
equitably among the members of the Board.
32
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: February 14November 28th, 2017
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 2/1411/28/2017
Board Assignments
Mayor Pro-Tem - __Wendy Koenig______________
Board and Commission and Community Representation
Board, Commission or Task Force Liaison Staff Liaison Type of Committee
Estes Valley Planning Commission Trustee Norris Com dev Dir Advisory/ Decision
Making
Estes Valley Board of Adjustment Com dev dir Decision making
Western Heritage Inc Trustee Walker n/a Outside
Estes Park Museum Friends and Foundation Inc. Derek Fortini Outside
Ambassadors Trustee Holcomb Teri Salerno Outside
Police Auxiliary Wes Kufeld Working Group
Parks Board Trustee Martchink Kevin McEachern Advisory
Transportation Advisory Committee Trustee Holcomb Kevin Ash Advisory
Senior Center Inc Lori Mitchell Outside
Estes Valley Restorative Justice Melissa Westover Working Group
Local Marketing District (Visit Estes Park) Trustee
WalkerHolcomb
n/a Outside
Estes Park Board of Appeals Com Dev Dir Advisory/Decision
Making
33
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: February 14November 28th, 2017
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 2/1411/28/2017
Sister Cities Mayor ProTem
Koenig
n/a Working Group
Family Advisory Board TBDTrustee Norris Travis Machalek Advisory
Committee or Board Appointed
Member(s)
Staff Liaison Type of Committee
Audit Committee Mayor Jirsa
Trustee Holcomb
Mayor Pro Tem Koenig
Frank Lancaster
Deb
McDougallDuane
Hudson
Advisory
Colorado Association of Ski Towns (CAST) Primary Voting
Designee – Mayor
Jirsa
Alt Voting Designee
Administrator
Lancaster
n/a Outside
Platte River Power Authority Board of Directors Mayor Jirsa Reuben Bergsten Outside
Public Works/Utilities/Public Safety Committee Chair – Mayor Pro
Tem Koenig
Trustee Martchink
Trustee Nelson
n/a Board Committee
Community Development/ Community Services
Committee
Chair – Trustee
Walker
n/a Board Committee
34
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: February 14November 28th, 2017
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions: 2/1411/28/2017
Trustee Norris
Trustee Holcomb
Larimer County Open Lands Board Trustee Nelson n/a Outside
Community Grant Review Committee Trustee Nelson
Trustee Holcomb
n/a Board Committee
Estes Park Economic Development Corporation Board
of Directors
Trustee Holcomb
n/a Outside
Estes Arts District Mayor Pro Tem Koenig Travis Machalek Outside
Larimer County Wasteshed Policy Group Mayor Pro Tem Koenig
___________________________________
Todd Jirsa
Mayor
35
11/28/2017
1
Estes Valley Fire
Protection District
David Wolf, Ph.D.
Fire Chief
chief@estesvalleyfire.org
Mission
The mission of the Estes Valley Fire Protection
District is to provide the citizens and visitors to
the Estes Valley with superior fire prevention,
fire protection, and emergency services in a
safe and efficient manner
Our path and decisions are driven by this
mission
2
11/28/2017
2
Motto links to Divisions
PREVENT PREPARE PERFORM
3
District Origins
Estes Park Volunteer Fire Department
Founded in 1907
All volunteer
Responsible for 10 square miles of Estes Park
Formation of Estes Valley Fire District
Passed on third vote in 2010
Hired full time Fire Chief
Responsible for 10 square miles of Estes Park and
56 square miles of unincorporated Larimer County
Mutual aid agreements with adjacent jurisdictions
4
11/28/2017
3
Funding Sources?
5
Sales Tax (7% from Town of Estes Park)
Property Taxes (1.95 mils since 2010)
For $350,000 home, Fire Protection is $49 per year
For $500,000 home, Fire Protection is $70 per year
Figure from Winter 2016/2017 Estes Park Town Bugle
Where Are We Now?
Increased to five full time employees
Fire Chief
Fire Prevention & Education Division (2)
Suppression/Training Division (1)
Office Manager
Currently have 46 active volunteer members
6
11/28/2017
4
Department Facilities
7
Station 1 – Hwy 36 & 7
Station 2 –Mills Dr
Training Center – Elm Rd
*New in 2017!
Department Apparatus
2 Structural Fire Engines
2 Water Supply Tenders
2 Specialty Wildland Fire
Engines
Aerial Ladder Truck
Heavy Rescue
Dive Rescue & 2 Rescue
Boats
4 Support Vehicles
8
11/28/2017
5
9
Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Total 441 459 440 433 483 448 525 551 482 648 650 596 618 685
11/28/17
11/28/2017 = 685
Call Total By Year
Cumulative Total By Year
(call total at end of month)
Calls for Service
Woodland Heights & Fern Lake Flood
10
What Do We Do? (more than fire…)
11/28/2017
6
Recent Accomplishments
Experienced record call volume
2016: 685 calls for service
2017: Currently up 10% over previous year
Increased training hours and certifications
2016: 3,200+ hours of training
2017: Hosted local certification Fire Academy
Improved ISO Public Protection Classification
Accomplished by less than 10% of
departments nationwide
Did I mention we’re >90% volunteer?
11
2017: Increased Communications
Increased presence on
social media
Bi-annual mailer to all
addresses in Valley
Info on District
Prevention Tips
12
11/28/2017
7
2017: Community Involvement
Regional Fire Academy
14
Hosted first in
house certification
fire academy
Participants from
all neighboring
agencies
Glen Haven
Big Thompson
Pinewood Springs
Lyons
Allenspark
Graduated 20
11/28/2017
8
Long Term Strategic Planning
Upgrading aged fleet
Replaced 1976 & 1983 engines with 2017 engine
Plans to replace 1989 ladder truck by 2020
Replace apparatus at 20 years of age (industry standard)
Plans to reduce fleet size to save costs
Eliminated one redundant engine in 2017
Eliminate one specialty vehicle in 2020 by combining functionality with another vehicle
Emergency Planning with Other Agencies
EPMC EMS, EPPD, LC Sherriff, LC Emergency Response, RMNP Fire Management, RMNP Visitor Protection, USFS
15
Ongoing: Assessment
Long term strategic planning supported by data
16
Maps made by Rachel Bierma,
Colorado School of Mines Undergraduate
11/28/2017
9
Potential Revenue Generation
Goal to hold property taxes steady (1.95 mils)
Intention for development to offset cost of Prevention
Update to Plan Review Fee schedule effective January 1, 2018
Simple schedule (easy to understand for consumer)
Prices still well below market for other Colorado agencies
Enable us to keep use tax revenue for Operations
Become a training destination for Colorado Firefighters
Hired a nationally known Training Captain
Increasing local offerings for certification/skills classes
Reduces our cost for training local firefighters
Potential revenue used to improve our facilities and equipment
17
Summary
District has recognized strong performance
since inception in 2010
Long term strategic plan to keep up with
growing demands
Demonstrated fiscal responsibility by seeking
creative solutions to increased demands
without having to increase taxes
18
11/28/2017
10
Thanks for your time!
Member Training/Qualifications
32 Certified Interior Firefighters
26 Certified Wildland Firefighters
22 Certified Emergency Medical Responders
(EMR/EMT/Paramedic)
14 Qualified Engineers for Apparatus
3,200+ training hours logged in 2016
20
(Did I mention we’re >90% volunteer?)
11/28/2017
11
What Do We Do?
21
Data from US Census (Estes) and National Park Service (ROMO)
Rocky Mountain NP Visitors
1915-2016
Estes Park Population
1930-2015
Estes Valley Fire Calls for Service
2003 – 2016
38
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Audem Gonzales, Planner II
Date: November 28, 2017
RE: TOWNHOME SUBDIVISION PRELIMINARY PLAT – RAVEN ROCK
TOWNHOMES; METES & BOUNDS, TBD PROMONTORY DRIVE.
Staff is requesting that this item be continued to the December 12, 2017 Town Board
meeting.
37
40
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Audem Gonzales, Planner II
Date: November 28, 2017
RE: SUBDIVISION FINAL PLAT – ESTES PARK RESORT; LOT 1, LAKE
ESTES 2ND ADDITION, 1700 BIG THOMPSON AVENUE.
Staff is requesting that this item be continued to the December 12, 2017 Town Board
meeting.
39
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Linda Hardin, Code Compliance Officer
Date: November 28, 2017
RE: Ordinance No. 31-17 – Amendment to the Estes Valley Development
Code regarding Bed & Breakfasts.
Objective:
Adopt Ordinance 31-17 which amends the Estes Valley Development Code (EVDC) to:
1) extend special review use review and approval procedures to Bed and Breakfast Inns
in all residential zone districts and; 2) to restore specific use standards for Bed and
Breakfast Inns (B&Bs).
Present Situation:
Bed and breakfast inns (B&Bs) are appropriately classified as low-intensity
accommodation uses in Table 4-1: Permitted Uses Residential Zoning Districts of the
EVDC. However, they are prohibited in all the residential zone districts except RM
Multi-Family Residential and most recently recommended as S1 review in the R-2 Two-
Family Residential zone district. B&Bs have become an integral part of the tourism
industry as they offer an alternative to a hotel, motel or vacation home rental.
Specifically, they offer a different experience for travelers than traditional forms of
accommodation by providing a homelike ambiance and a personal level of attention,
often in dwellings with unique décor, architecture, historical significance or natural
beauty. An important feature distinguishing B&Bs from other forms of tourist
accommodation is that the primary function of the property is a residence. Typically,
they are located in dwelling units that are in residential neighborhoods so ensuring
compatibility with the neighborhood is essential.
To ensure compatibility with neighborhood character and conformance with business
regulations and licensing, this amendment restores the specific use standards for B&Bs
that were previously repealed when the Town Board and Larimer County Board of
County Commissioners adopted regulations related to short-term vacation rentals on
December 15, 2016, and later amended in March 2017. Similar to the maximum
occupancy classifications of the vacation home regulations, the specific use standards
COMMUNITY DEVELOPMENT
Me mo
41
have worked well for the Estes Valley by setting forth annual operating registration,
inspection, posting, and business license requirements, as well ensuring these
businesses are not designed or operated in a manner that is out of character with
residential uses of a dwelling unit by one household.
Proposal:
Ordinance 31-17 adopts the new Bed and Breakfast Inn Ordinance as more fully set
forth on Exhibit A.
Advantages:
• Complies with the EVDC 3.3.D Code Amendments, Standards for Review.
• Advances the intent and community-wide policies set forth in the Estes Valley
Comprehensive Plan.
• Supports a unique blend of businesses, residents and visitors, while protecting
the Estes Valley community character by allowing Bed and Breakfast Inns to be
permitted by special review in all residential zone districts when there are
minimal impacts, and mitigation measure can be imposed to address identified
concerns.
• Restores specific use standards that apply to Bed and Breakfast Inns to ensure
compatibility with neighborhood character, annual monitoring and compliance
with existing business license requirements.
Disadvantages:
• Allows the opportunity for more transient activity in residential neighborhood.
Action Recommended:
Staff: Adopt Ordinance No. 31-17
Planning Commission: Adopt Ordinance No. 31-17
Budget:
There are no budget implications for the adoption and enforcement of this Ordinance. It
will likely bring in revenue with new permits.
Level of Public Interest:
Moderate: There have been conversations both in favor and opposed to this
amendment. Those in favor are recognizing this as an alternative to a vacation home
use, with the owner/operator present and all times, thus minimizing neighborhood
disruptions. Those opposed view this amendment as an opportunity to run “small
hotels” in residential zone districts.
Sample Motion:
42
APPROVAL
I move that the Town Board of Trustees approve Ordinance No. 31-17, amending the
Estes Valley Development Code as presented in Exhibit A as recommended by Staff
and the Planning Commission.
Attachments:
1. Ordinance No. 31-17
2. Exhibit A [Amendment to the Estes Valley Development Code regarding Bed &
Breakfasts]
43
ORDINANCE NO. 31-17
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT
CODE REGARDING BED AND BREAKFAST INNS
WHEREAS, on October 17, 2017, the Estes Valley Planning Commission conducted
public hearings on proposed text amendments to the Estes Valley Development Code,
Sections §4.3 Bed and Breakfast Inns Permitted by Special Review (Table 4-1: Permitted
Uses: Residential Zoning Districts); §13.2 – Use Classifications/Specific Use Definitions and
Examples; and § 5.1 U – Specific Use Standards for Bed and Breakfast Inns; and
WHEREAS, on October 17, 2017, the Estes Valley Planning Commission voted to
recommend approval of the text amendment; and
WHEREAS, the Board of Trustees of the Town of Estes Park finds the text
amendment complies with Estes Valley Development Code §3.3.D Code Amendments,
Standards for Review and has determined that it is in the best interest of the Town that the
amendment to the Estes Valley Development Code, as set forth on Exhibit A, be approved;
and
WHEREAS, said amendment to the Estes Valley Development Code is 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 Valley Development Code 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
Mayor
ATTEST:
Town Clerk
44
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
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11/27/2017 Town of Estes Park Mail - Fwd: Board Meeting 11/28/17: Planning Commission Items 2.A. - Ordinance 31-17 EVDC Bed & Breakfast Amendment
https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=CS87NgUoRx4.en.&view=pt&search=inbox&th=15fff13068f634d2&siml=15fff13068f634d2 1/2
Town Clerk <townclerk@estes.org>
Fwd: Board Meeting 11/28/17: Planning Commission Items 2.A. - Ordinance 31-17
EVDC Bed & Breakfast Amendment
1 message
Jackie Williamson <jwilliamson@estes.org>Mon, Nov 27, 2017 at 1:02 PM
To: Town Clerk <TownClerk@estes.org>
Please include in electronic packet.
---------- Forwarded message ----------
From: "Tony Schetzsle" <tschetzsle@yahoo.com>
Date: Nov 27, 2017 7:17 AM
Subject: Board Meeting 11/28/17: Planning Commission Items 2.A. - Ordinance 31-17 EVDC Bed & Breakfast
Amendment
To: "Todd Jirsa" <tjirsa@estes.org>, "Wendy Koenig" <wkoenig@estes.org>, "Bob Holcomb" <bholcomb@estes.org>,
"Cody Walker" <cwalker@estes.org>, "Ward Nelson" <wnelson@estes.org>, "Patrick Martchink"
<pmartchink@estes.org>, "Ron Norris" <rnorris@estes.org>
Cc: "Travis Machalek" <tmachalek@estes.org>, "jwilliamson@estes.org" <jwilliamson@estes.org>
Honorable Mayor, Mayor Pro Tem and Trustees:
The subject action item will be considered at the 11/28/17 Board Meeting. I ask that it be denied in
its current form and returned to the Planning Commission for reevaluation. Ordinance amendment
31-17 is not ready for prime time. My reasons are as follows.
1. Bed & Breakfast establishments are accommodations (hotels) that operate as a business
(requiring a business license) and are not appropriate in residential zones. The proposed
amendment indicates that the character of the neighborhood is not to be affected and most
assuredly it will be affected.
2. The proliferation of business accommodations in residential zones further diminishes the
definition of residential zones (it is rezoning without formal process) as well as the
expectations of neighborhood residents.
3. The Town Board unanimously, as recommended by the Planning Commission without
dissent, voted to disallow bonus density increases in certain residential zones recently as it
deviated from the standards of the zone and residents' expectations who live in those zones.
And I agree. That same argument applies equally and justifies a vote to deny this ordinance
amendment.
4. The proposed amendment requires the owner/operator to be present at all times. This
provision allows for a residence to be purchased, operated as a bed and breakfast, and the
owner's agent (a property manager/host) residing onsite. Any individual, group, corporation
or other business enterprise could invest in any number of neighborhood homes and operate
them under these conditions.
5. Unlike that of vacation home rentals, there is no cap on the number of bed and breakfast
licenses that can be issued. Of the available 588 vacation home licenses in residential
zones, 566 are in operation or in process. A bed & breakfast is just another variation of a
vacation home rental. Except in this case, there is no limit to the number of licenses to
operate. At the least, with the coming annual requirement to renew/register vacation home
rentals approaching, if there must be B&Bs, they should fall under the general vacation home
cap. And that cap needs to remain fixed if not reduced.
6. The briefing material for this action item in the current packet for the next Town Board
meeting asks for approval of the amendment. In the Sample Motion section in the subject
Memo, the only suggestion is to approve the amendment. I offer the observation that you do
11/27/2017 Town of Estes Park Mail - Fwd: Board Meeting 11/28/17: Planning Commission Items 2.A. - Ordinance 31-17 EVDC Bed & Breakfast Amendment
https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=CS87NgUoRx4.en.&view=pt&search=inbox&th=15fff13068f634d2&siml=15fff13068f634d2 2/2
have other options including outright denial, modifying the amendment in consideration of the
information I present above, or refer the amendment back to the Planning Commission
and/or staff for additional modification.
I reiterate that in its present form this proposed ordinance amendment will continue to disrupt
residential zones, diminish the expectations and quality of life for Town residents, further reduce
the availability of affordable or workforce housing, and is just another incremental step towards the
wholesale devolution of community cohesiveness and character.
I ask you not to approve this amendment in its current reading. It will create more problems than it
is intended to fix.
Respectfully,
Tony Schetzsle
2020 Monida Ct.
Estes Park, CO
Think Green! Print this message only if you must.
FINANCE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: November 28, 2017
RE: Public Hearing – 2018 Budget
Objective:
The purpose of this memo is to seek approval of the 2018 Budget and its accompanying
Resolutions.
Present Situation:
The budget has been reviewed over four recent meetings, including the formal public
hearing on November 14, 2017 which was continued to the November 28, 2017 meeting. All
changes requested have been reflected within the proposed budget, including allocation of
the remaining $61,000 of unused ongoing revenues. The following covers the documents
necessary to adopt the 2018 Budget.
1.Highway Users Trust Fund – Colorado budget law requires a public hearing be
conducted to discuss how Highway Users Trust Fund revenues are forecasted to be
expended in the proposed budget year.
2.Resolution to Set Mill Levies #28-17 – This resolution sets the property tax mill levy
for the Town. Upon adoption of the mill levy, the Town will certify the approved mill
levy to Larimer County by December 15 in accordance with state statute. The
Town’s voter approved mill levy limit is 1.822. For 2018, $378,960 is included in the
General Fund budget for property tax revenue.
3.Resolution to Adopt 2018 Budget #29-17 – This resolution adopts the full budget
including $47,933,544 in estimated revenues and $51,183,476 in estimated
expenditures for the 2018 Budget. The proposed budget includes a 23% fund
balance in the General Fund to provide flexibility to deal with unanticipated
challenges or opportunities that may arise in 2018. In addition, the General Fund is
using $945,296 of fund balance to cover one time expenditures of $552,100 in capital
outlay and a transfer of $400,000 to the Community Reinvestment Fund. The
Community Reinvestment Fund will set aside this $400,000 for future improvements
at the intersection of US Highway 36 and Community Drive.
53
4.Resolution to Appropriate Sums of Money #30-17 – Once expenditures are approved
in #3, it then becomes necessary to formally appropriate the expenditures reflected
within the budget. This resolution lists the expenditures by fund, and indicates that
the revenues/resources within each fund are sufficient to support the expenditure
levels.
Proposal:
Staff is seeking approval of the 2018 Budget and its accompanying Resolutions.
Advantages:
The Town will be able to operate within the framework of financial compliance as per
the State Auditor and County Treasurer’s Offices.
Disadvantages:
The disadvantage to not approving a Budget for 2018 is that the Town would be in
violation of State budgetary laws, and the County Treasurer could withhold Town’s
property tax revenues.
Action Recommended:
Staff recommends approval of the 2018 Budget and its accompanying Resolutions.
Finance/Resource Impact:
The entire 2018 Budget is affected/implemented upon approval.
Level of Public Interest
Various sections of the 2018 Budget are of moderate to significant interest to different
organizations and citizens but no comments have been received as of the drafting of
this memo.
Sample Motion:
Motion 1: I move for the approval/denial to utilize the Highway Users Trust Fund for
expenditures for striping, snow plowing, vehicle/equipment usage, storm drain maintenance,
traffic signs, street lights, and other related road and street costs for 2018.
Motion 2: I move for the approval/denial of Resolutions 28-17 to set the mill levy, 29-17 to
adopt the 2018 budget, and 30-17 to appropriate sums of money for 2018.
Attachments:
Attachment A) Resolution 28-17 – Resolution to Set Mill Levies
Attachment B) Resolution 29-17 – Resolution to Adopt 2018 Budget
Attachment C) Resolution 30-17 – Resolution to Appropriate Sums of Money
Attachment D) Link to the 2018 Proposed Budget
54
RESOLUTION #28-17
TO SET MILL LEVIES
A RESOLUTION LEVYING PROPERTY TAXES FOR THE
YEAR 2017 TO HELP DEFRAY THE COSTS OF GOVERNMENT
FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 2018 BUDGET YEAR.
WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the
annual budget in accordance with the Local Government Budget Law on November 28,
2017; and
WHEREAS, the amount of money necessary to balance the budget for general
operating purposes from property tax revenue is $378,960; and
WHEREAS, the 2017 valuation for assessment for the Town of Estes Park as
certified by the County Assessor is $207,991,665.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That for the purpose of meeting all general operating expenses of the Town of
Estes Park during the 2018 budget year, there is hereby levied a tax of 1.822 mills upon
each dollar of the total valuation for assessment of all taxable property within the Town
for the year 2017.
That the Town Finance Director is hereby authorized and directed to immediately
certify to the County Commissioners of Larimer County, Colorado, the mill levies for the
Town of Estes Park as hereinabove determined and set, but as recalculated as needed
upon receipt of the final certification of valuation from the Larimer County Assessor.
DATED this day of , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
55
RESOLUTION #29-17
TO ADOPT 2018 BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH
FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO
FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2018,
AND ENDING ON THE LAST DAY OF DECEMBER, 2018.
WHEREAS, the Board of Trustees of the Town of Estes Park has appointed
Frank Lancaster, Town Administrator, to prepare and submit a proposed budget to the
Governing Body at the proper time; and
WHEREAS, Frank Lancaster, Town Administrator, has submitted a proposed
budget to this governing body on October 6, 2017, for its consideration, and;
WHEREAS, upon due and proper notice, published in accordance with the law,
said proposed budget was open for inspection by the public at a designated place,
public hearings were held on November 14, 2017 and November 28, 2017, and
interested taxpayers were given the opportunity to file or register any objections to the
proposed budget; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues or planned to be expended from reserves/fund
balances so that the budget remains in balance, as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the attached budget, as submitted, and summarized by fund, is hereby
approved and adopted as the budget of the Town of Estes Park, Colorado, for the fiscal
year ending December 31, 2018, and shall be signed by the Mayor and Town Clerk and
made a part of the public records of the Town of Estes Park.
DATED this day of 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
56
FUND
TOTAL
APPROPRIATION
General Fund 17,790,615
Community Reinvestment Fund 937,510
Conservation Trust Fund 32,541
Open Space Fund 267,300
Emergency Response Fund 45,685
Community Center Fund 696,700
Trails Fund 400,000
Streets Fund 1,679,631
Medical Insurance Fund 2,002,909
Fleet Maintenance Fund 426,571
Information Technology Fund 715,771
Vehicle Replacement Fund 208,001
Light and Power Fund 18,419,162
Water Fund 7,561,080
Total 51,183,476
RESOLUTION #30-17
TO APPROPRIATE SUMS OF MONEY
A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND
SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET
FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET
YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2018, AND ENDING ON THE
LAST DAY OF DECEMBER 2018.
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the
annual budget in accordance with the Local Government Budget Law on November 28,
2017; and
WHEREAS, the Town of Estes Park has made provision therein for revenues and
reserves or fund balances in an amount equal to or greater than the total proposed
expenditures as set forth in said budget, and;
WHEREAS, it is not only required by law, but also necessary to appropriate the
revenues and reserves or fund balances provided in the budget to and for the purposes
described below, thereby establishing a limitation on expenditures for the operations of
the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the following sums are hereby appropriated from the revenue and reserves
or fund balances of each fund, to each fund, for the purposes stated:
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DATED this day of , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
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FINANCE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: November 28, 2017
RE: Award Audit Contract for the Years Ending December 31, 2017 through
December 31, 2021
Objective:
To formally appoint a new audit firm to perform the Town audit for the year ended
December 31, 2017 with renewal options for the next four years through 2021.
Present Situation:
Audit services are generally bid out every five years as an industry best practice. 2016
was the fifth year on the engagement with CliftonLarsonAllen LLP. After acceptance of
the 2016 audit report from CliftonLarsonAllen LLP on August 15, 2017, the Town Board
Audit Committee agreed to bid out the audit services for the five year term beginning
with the 2017 audit. Staff then issued a request for proposals for audit services,
receiving five proposals.
A selection committee consisting of Assistant Town Administrator Machalek, Finance
Director Hudson, Accounting Manager Garcia, and Accountant I Johnson reviewed the
audit proposals and ranked them by firm qualification. The sealed cost bids were then
opened and reviewed in light of the firm’s technical qualifications. The top three firms
were then asked to meet with the Town Board Audit Committee on Friday, November
17th. Audit Committee members present were Mayor ProTem Koenig and Trustee
Holcomb.
After interviewing the prospective audit firms, and discussion of the proposals, the Audit
Committee unanimously agreed to recommend the appointment of Swanhorst and
Company LLC as the Town’s audit firm for 2017 through 2021.
Proposal:
The Audit Committee recommends that Swanhorst and Company LLC be awarded the
contract to perform the Town’s audit for the year ended December 31, 2017 with annual
renewal options for the next four years through December 31, 2021.
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Advantages:
The Town is required by state statute and by grantor agreements to have an annual
audit conducted by a qualified CPA firm. This action will demonstrate continued
compliance with this requirement.
Swanhorst and Company LLC specializes in governmental auditing as a firm. Firm staff
are very experienced in auditing all sizes and types of governmental entities, including
general purpose governments with utilities such as the Town.
Disadvantages:
Swanhorst and Company LLC had conducted the Town’s audit for five years preceding
the engagement of CliftonLarsonAllen LLP. The firm recognizes that due to changes
the Town has made in staffing and accounting procedures over the last five years, the
firm will need to start from scratch and not rely upon any prior knowledge or
workpapers. To maximize benefit to the Town, a new audit manager not previously
involved with the Town’s audit will be assigned to this engagement to provide a fresh
perspective on accounting processes and procedures. The Audit Committee discussed
this and, after due consideration, agreed this did not change the recommendation.
Action Recommended:
Award of the engagement to Swanhorst and Company LLC on November 28, 2017 will
allow the Finance Department staff to begin to work with the new firm as quickly as they
desire. With yearend quickly approaching, the Finance Department expects the new
firm will want to start audit planning before the end of the year.
Finance/Resource Impact:
The audit is an annual expense budgeted at a total of $45,000 for 2018. The audit fee
for 2017 per the proposal is $38,000, well within the budgeted amount.
Level of Public Interest
No interest or comments have been received regarding this appointment.
Sample Motion:
I move for the approval/denial to award the financial audit engagement for the year
ended December 31, 2017 with renewal options for the next four years through 2021 to
Swanhorst and Company LLC.
Attachments:
None
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TOWN ATTORNEY Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: November 28, 2017
RE: Ordinance No. 32-17 Adding Chapter 10.24 to Estes Park Municipal Code
Relating to Use of Off-Highway Vehicles in the Town
Objective:
Review, and if appropriate, adopt Ordinance No. 32-17 which adds Chapter 10.24 Off-
Highway Vehicles to the Municipal Code.
Present Situation:
Currently, the Town does not allow the use of off-highway vehicles (OHV) within the
Town limits. Section 33-14.5-110 (1)(a) C.R.S. provides that the Town may regulate the
operation of OHVs on public lands, streets and highways within its boundaries.
Ordinance No. 32-17 permits OHVs to be operated on the public roads, streets, alleys,
and avenues of the Town subject to the following:
a.OHVs are not allowed to be operated on the State highways within the Town
except for crossing the highway.
b.Operators must be at least 18 years old.
c.OHVs shall only be allowed to be operated on the Town’s public roads, streets,
alleys, and avenues for snow plowing and removal.
d.The operator of the OHV must have in his or her possession a valid motor
vehicle driver license.
e.The OHV must be registered and numbered as required by the State statute.
f.The owner of the OHV has to have in full force and effect an insurance policy
containing the minimum requirements of Part 6, Article 4, Title 10 of the Colorado
Revised Statutes.
g.Operators must obey all traffic regulations set forth in the Model Traffic Code.
h.The OHV shall meet the current requirements of Section 33-14.5-109 C.R.S.
while operating within the Town.
i.In the event that the OHV is not equipped with turn signals, the operator shall
use proper hand signals for all turning movements.
j.The operator shall wear adequate eye protection when operating the OHV.
The Town Staff is recommending approval of Ordinance 32-17 to allow OHVs to be
operated within the Town.
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Advantages:
Allows the use of OHVs on Town public roads and streets subject to appropriate
restrictions.
Disadvantages:
None.
Action Recommended:
Adoption of Ordinance 32-17.
Budget:
There are no budget implications.
Level of Public Interest:
Low.
Sample Motion:
I move to adopt/not adopt Ordinance 32-17 Adding Chapter 10.24 to Estes Park
Municipal Code Relating to Use of Off-Highway Vehicles in the Town.
Attachments:
Copy of Section 33-14.5-101 C.R.S. that provides the definition of OHVs and OHV
routes.
Ordinance No. 32-17.
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ORDINANCE NO. 32-17
AN ORDINANCE ADDING CHAPTER 10.24 OFF-HIGHWAY VEHICLES
TO THE MUNICIPAL CODE
WHEREAS, Section 1 of Article 14.5 of Title 33 of the Colorado Revised Statutes
(the “State Statute”) allows the Town to regulate the operation of off-highway vehicles
on public roads and streets within the Town; and
WHEREAS, Chapter 10.24 will allow the operation of off-highway vehicles as
defined in the State Statute on public roads and streets of the Town subject to the
regulations set forth in Chapter 10.24; and
WHEREAS, the Board of Trustees has reviewed the terms of Chapter 10.24 and
determined that it is in the best interest of the Town to approve the addition of Chapter
10.24 to the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1.Chapter 10.24, as more fully set forth on Exhibit A attached hereto and
incorporated herein by reference, is hereby added to the Municipal Code.
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
Mayor
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ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the ________day of _____________, 2017 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the
day of __________________, 2017.
Town Clerk
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EXHIBIT A
Chapter 10.24 Off-Highway Vehicles.
10.24.010 Definitions.
1. “Off-Highway Vehicle” or “OHV” shall have the meaning given in Section 33-
14.5-101 C.R.S., as the same may be amended from time to time.
2. As used in this Section 10.24.010, “OHV Route” means and shall include any
public road, street, alley or avenue within the Town excluding Highway 34,
Highway 36, and Highway 7.
10.24.020 OHV Use Permitted. Any person 18 years or older is permitted to operate an
off-highway vehicle only on, within, and throughout the OHV Route, provided that:
1. The operator of the OHV has in his or her possession a valid motor vehicle
driver’s license; and
2. The OHV has been registered and numbered in accordance with Article 14.5
of Title 33 of the Colorado Revised Statutes; and
3. The operator of the OHV has, in full force and effect, an insurance policy
covering the OHV that complies with the terms of Part 6, Article 4, Title 10 of
the Colorado Revised Statutes.
4. The requirements sub-section 1. and 3. above shall be subject to the
provisions of Section 33-14.5-100 (1)(b)(2) C.R.S.
5. The OHV shall meet the current requirements of Section 33-14.5-109 C.R.S.
while operating within the Town.
6. In the event that the OHV is not equipped with turn signals, the operator shall
use proper hand signals for all turning movements.
7. The operator shall wear adequate eye protection when operating the OHV.
8. The OHV shall only be allowed to operate for snow plowing and removal
purposes.
10.24.030 Traffic Regulations. The Town traffic regulations set forth in this Title 10,
including the Model Code, shall apply to the operation of OHVs within the Town. It
expressly acknowledged that it is unlawful for any person to operate an OHV under the
influence of alcohol or one or more drugs, or a combination of both, and that such
conduct is subject to Section 42-4-1301 C.R.S.
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10.24.040 Crossing State Highways.
1.The operator of an OHV may directly cross a State highway, at an at-grade
crossing to continue using the OHV on the other side.
2.A person shall not cross a highway while operating an OHV unless the
crossing is made in accordance with the following:
(a)The crossing must be made at an angle of approximately ninety degrees
to the direction of the highway and at a place where no obstruction
prevents a quick and safe crossing.
(b)The OHV must be brought to a complete stop before crossing the
shoulder or, if none, the roadway before proceeding.
(c)The operator must yield the right-of-way to all motor vehicle traffic on the
roadway that constitutes an immediate hazard to the crossing.
(d)An operator of an OHV must cross a divided highway at an intersection of
the highway with another road or highway.
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