HomeMy WebLinkAboutMINUTES Town Board 2020-06-23Town of Estes Park,Larimer County,Colorado,June 23,2020
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park,Larimer County,Colorado.Meeting held in the Town Hall and Virtually in
said Town of Estes Park on the 23rd day of June,2020.
Present:Wendy Koenig,Mayor
Patrick Martchink,Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Cindy Younglund
Ken Zornes
Also Present:Travis Machalek,Town Administrator
Jason Damweber,Assistant Town Administrator
Dan Kramer,Town Attorney
Jackie Williamson,Town Clerk
Absent:None
Mayor Koenig called the meeting to order at 7:00 p.m.and all desiring to do so,recited
the Pledge of Allegiance.
PROCLAMATION —Mayor Pro Tern Martchink presented a proclamation recognizing
Gary and Kris Hazelton.
YEARS OF SERVICE RECOGNITION —Mayor Koenig recognized Town employees with
the following years of service:Estelle Purvis —30 Years,Eric Rose —25 Years,Matt
Osentowski —10 Years,Jon Landkamer,Denise Lord,Travis Machalek,Linda Swoboda
and Michael Williams -5 Years.
AGENDA APPROVAL.
It was moved and seconded (Zornes/Cenac)to approve the Agenda,and it passed
unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Younglund attended the recent Police Auxiliary meeting and informed the
community the group continues to be active during the pandemic with 24 trash violations
issued and cleanup efforts at the Stanley Park.The next cleanup would be held on June
27 with location to be announced.
Trustee Zornes stated the Larimer County Behavioral Health has $2.3 million in grant
funds to award,with a June 21,2020 deadline for applications.
Mayor Pro Tern Martchink attended the last Economic Development Corporation meeting.
Trustee MacAlpine stated she attend the recent Estes Park Planning Commission
meeting and continues to be impressed with the Commissioners.She also attended the
recent virtual town haIl meeting moderated by Vanessa Solesbee and Jason Damweber.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek informed the Board staff has been working with the Estes
Park Housing Authority to develop an assistance package for their latest development on
Highway 7.Staff would bring the item forward to the July 14,2020 meeting.
Consent Agenda Item 13 was a last-minute item added to the agenda to address the
distribution of the CARES funds.DOLA requires all municipalities in a county develop
Board of Trustees —June 23,2020 —Page 2
and approve an agreement prior to the next meeting.The Town may receive up to
$340,000 in funding for COVID-19 expenditures.
Director Muhonen provided the Board an update on the Stay Healthy Streets Program.
Staff from multiple departments meet to discuss the program further and operational
concerns related to manual traffic and the staffing needed to make the program
successful were raised.Staff posed the question as to why run the test if the program
could not be operated throughout the season.A low risk option would entail making the
sidewalks one-way which would be low-cost and an easily implementable option.Staff
would also recommend a less expensive area from Riverside Drive to Spruce Drive as an
alternative for closing down a lane downtown.CDOT has announced a grant program,
Revitalize Main Street,in which the Town could complete an application with the Mayor’s
support and a 10%match to fund one of the options.The funding could also be used for
improved signage downtown and additional trailers for signage to be used during the
summer and fall,120 days.Staff has noticed since the idea was conceived in April,
visitors are not concerned with walking downtown,social distancing or wearing masks in
the downtown corridor.
Staff requested direction from the Board on how to move forward with the program.Board
comments have been summarized:downtown business owners do not want the Town to
conduct the test;questioned the term of the CDOT program;the idea of the program
would be good but not in practice;one-way sidewalks would be another good idea but
cannot even be followed in Safeway;with only one new reported case of COVID-19,it
would not make sense to move forward with the test;the program may not be functional
at this time;concerned with the number of people downtown,no social distancing and
low mask compliance;option 1 should be tried in August when the traffic is not as busy;
and the program would be an opportunity to put something in place to encourage social
distancing and would support a test in August.
Based on feedback from the Board,Director Muhonen would prepare a grant application
for other uses of the CDOT grant funds and bring the item forward to the July 14,2020
for the Board’s consideration.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated June 9,2020 and Town Board Study Session Minutes
dated June 9,2020.
3.Estes Park Planning Commission Minutes dated May 19,2020 (acknowledgment
only).
4.Revised Policy 306 Leave.
5.Resolution 33-20 Intergovernmental Agreement for Fiscal Year 2020 Certifications
and Assurances as Required by the Federal Transit Administration for Funding
Recipients with CDOT.
6.Resolution 34-20 Grant Agreement for the Big Thompson River Recreational and
Picnic Area with Great Outdoors Colorado (GOCO).
7.Contract for 2020 Overlay &Patching Program with Coulson Excavating Co.,Inc.,
$740,449.50,Budgeted.
8.Resolution 35-20 Financing Agreement for Glacier Water Treatment Plant
Sedimentation Basin Construction with USDA,$2,369,000 Grant and $7,675,000
40-Year Loan at 1.375%Interest.
9.Contract for 2020 Shuttle Services with Rapt Dev USA,dba Rocky Mountain
Transit Management Inc.,$344,718.46,Budgeted.
Board of Trustees —June 23,2020 —Page 3
10.Resolution 36-20 Setting the Public Hearing date of July 14,2020 for a New Beer
&Wine Liquor License filed by Mountain Home Café,Inc.dba Mountain Home
Café,457 East Wonderview Avenue #C1,Estes Park,CO 80517.
11.Resolution 37-20 Setting the Public Hearing date of July 14,2020 for a New Beer
&Wine Liquor License filed by Discovery Lodge,Inc.dba Discovery Lodge,800
Big Thompson Avenue,Estes Park,CO 80517.
12.Resolution 38-20 Setting the Public Hearing date of July 14,2020 for a New Beer
&Wine Liquor License filed by Coyote Mountain Lodge,LLC dba Coyote Mountain
Lodge,1340 Big Thompson Avenue,Estes Park,CO 80517.
13.Resolution 41-20 IGA (Memorandum of Understanding)Related to the Distribution
of Coronavirus Aid,Relief,and Economic Security (CARES)Act Funds.
It was moved and seconded (Cenac/Martchink)to approve the Consent Agenda,
and it passed unanimously.
2.REPORTS AND DISCUSSION ITEMS:(Outside Entities).
1.ESTES PARK HEALTH.Vern Carda/CEO Estes Park Health provided a 90-day
update and stated the hospital has been updating policy to provide a safe
environment for clients.He stated COVID-19 does exist in the community but
fortunately it has not caused a significant challenge for the hospital at this point.
Following all CDC guidelines related to social distancing,face coverings and
proper handwashing continues to be the best way to limit COVID-19 cases.The
hospital has a number of policies and procedures in place to keep clients safe
when visiting their physicians such as temperature taken at one of the two main
entrances,the completion of a questionnaire,all staff required to wear masks,
continual cleaning of all surfaces,new equipment for air circulation,and all patients
assumed positive and tested prior to surgeries.The hospital would continue to
monitor the situation in neighboring states and locally and implement all necessary
changes.He encourages all to begin thinking about a flu vaccination for the fall.
3.PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff
for Town Board Final Action.
1.ACTION ITEMS:
A.ORDINANCE 10-20 REZONING,ROCKY MOUNTAIN HEALTH CLUB,1230
BIG THOMPSON AVENUE,ADESTES,LLCIOWNER.(Quasi-Judicial)Mayor
Koenig opened the public hearing.Planner Bergeron stated the applicant has
requested rezoning from A —Accommodations to CO -Commercial Outlying.
The primary use of the building has been as a gym from 1996 to 2019.With
the opening of the Community Center by the Estes Valley Recreation and Park
District in 2018,the gym was no longer a viable business,therefore,the
property owner has converted the building to office space,which is not a
permitted use in the A —Accomodation zoning district.The CO —Commercial
zoning would allow the property to expand the existing uses of the site,
including office use.The Estes Park Planning Commission recommended
approval of the application at their May 19,2020 meeting.Mayor Koenig closed
the public hearing.It was moved and seconded (MartchinklZornes)to
approve Ordinance 10-20 to rezone 1230 Big Thompson Avenue from A —
Accommodations to CO —Commercial Outlying,in accordance with the
findings as presented,and it passed unanimously.
B.ORDINANCE 05-20 ELKHORN LODGE PRELIMINARY PLANNED UNIT
DEVELOPMENT (PUD),600 ELKHORN AVENUE,ZAHOUREK
CONSERVANCY,LLC,OWNER,EAST AVENUE DEVELOPMENT,LLC,A
TEXAS LLC,CIO JUSTIN MABEY,APPLICANT.(Quasi-Judicial)Mayor
Koenig opened the public hearing.Planner Woeber presented the applicant’s
request to approve a Preliminary PUD,on a site 18.6±acres in size,currently
Board of Trustees —June 23,2020 —Page 4
zoned CO —Commercial Outlying.The PUD proposes various
Accommodations,Commercial,and Residential uses on 13 lots,including an
event center barn,expansion of the Elkhorn Lodge,three restaurants,
horseback riding facilities,additional hotel suites and relocation of cabins,and
wedding facility.The process requires a preliminary and final PUD approval,
and a preliminary and final subdivision plat approval.The property has been
owned and operated as the historic Elkhorn Lodge previously.Planner Woeber
outlined the code requirements for PUD5 and the review criteria which has
been summarized:landscaping reviewed and includes additional trees and
shrubs along with existing natural buffers;public trails/sidewalks would include
a 10-foot wide,multi-modal path from the south side of Elkhorn Avenue to the
new Spruce Street pedestrain crossing;utilities currently serve the property,
however,improvements,relocation,and upgrades to the wastewater
infrastructure would be needed;the Estes Valley Fire Protection District
provided comments related to sprinklers,alarms,access road requirements,
restaurant hoods and extinguishing systems;PUD requires 30%open space
with the project proposing 41 %;stormwater would need to be addressed with
adequate drainage facilities and services to support the proposed
development;the property includes significant floodplain with the Fall River
located adjacent to the property and includes a floodwall;the project includes
the required off-street parking for the proposed uses;access would be
reconstructed off of Elkhorn Avenue and be aligned with Filbey Court;and the
project would be consistent with the Estes Valley Comprehensive Plan and the
Estes Park Downtown Plan.The PUD plan requested the following waivers to
the standards:Appendix D,highway frontage sidewalk,Section 4.4D.2 main
entrance of structure to face front lot line,Table 4.7 loading space required,
Table 4.5 maximum building height,Appendix D internal access road to be up
to street standards,Appendix D internal access road to meet slope/grade
standards,Section 7.6.D.2 wetland distrubance (wetlands area 0.06 acre in
size)and Appendix B architectural elevations for all structures.Staff finds there
would be no significant issues or negative impacts with the development in the
waivers requested.The Estes Valley Planning Commission recommended
unanimously the Preliminary PUD and Preliminary Plat at a special meeting on
February 25,2020 with conditions of approval.Staff would recommend the
approval of the PUD with Planning Commission recommendations one through
three as outlined in the staff report and forgo the fourth recommendation to
require an employee housing plan for permanent and seasonal employees.
Justin Mabey/East Avenue Development representative provided a review of
the project stating the goal would be to develop a long term relationship with
the community by developing a project that enhances the community.The
company focuses on the development around National Parks such as Moab,
Zion,and the San Antonio River Walk.The focus would be to capitalize on the
historical significance,the ability to revitalize an area that used to be a key part
of Estes Park,an opportunity to bring high-end hotel brand into town,facilitate
incredible new restaurants and make a long term impact.The project would
create a unique experience with a focus on hospitality,restaurants and some
retail.The buildout of the project has been estimated at 12 to 24 months for
the entire project.
Public comment was heard from Ben and Laura Drotar/Elkhorn Plaza
Condominium owners,Bob and Judy Ayres/Elkhorn Plaza Condominium
owners and Bill Kiefer/Elkhorn Plaza Condominium owner.The proximity of
the Riverside Restaurant concerns the condominium owners due to the location
of the service door and trash recepticals located within 20 feet from the edge
of some units and blocking the view corridor of the condominium owners.
Concerns raised on the density of the project.Those speaking stated a hotel
brand has not been identifed to date to ensure the hotel would be run as an
upscale property.The development has no wildlife plan for the project.All
efforts should be made to maintain the historical nature of the property,
especially the exteriors of the buildings.Requested the project be required to
underground the power utility to the west.
Board of Trustees —June 23,2020 —Page 5
Mr.Mabey/applicant stated the public comments are valid,and commented the
dumpster would be moved to the west or north side of the restaurant.The door
of the restaurant would be 50 feet from the closest condominium.A review of
the location of the restaurant has been completed but there was little area to
move it within the project.Additional landscaping would be added along the
river.He stated an application has not been submitted for a hotel brand until
the the development has recevied PUD approval.He guaranteed it would be
a Hilton or a Marriott branded property.A wildlife plan was completed and did
not demostrate a significant impact.The property would have down lighting to
meet the minimum lighting requirements of the code.
Trustee comments and questions have been summarized:questioned if the
utilities could be placed underground;what were the considerations for the
location of the Riverside Restaurant;and questioned the impact of zero rise
and concerns regarding the floodplain in the area and how it would be
addressed.
Mr.Mabey/applicant commented the Town’s Power and Communication
division stated concern with the logistics of placing the power line under the
river and added environmental impact.The developer had several
restauranteurs review the location of the upcale Riverside Restaurant and all
placed the restaurant in the current location.Melissa Strong/Bird and Jim
Restaurant concurred the location would provide an upscale experience.The
floodplain would be defined and a zero rise would ensure no impacts are
created to the properties neighboring the development or downstream.
Mayor Koenig closed the public hearing,It was moved and seconded
(Cenac/Zornes)to approve Ordinance 05-20 for the Elkhorn Lodge
Preliminary PUD according to the findings of fact with findings and
conditions of approval recommended by staff,and it passed unanimously.
It was moved and seconded (Martchink/MacAlpine)to extend the meeting
past 10:00 p.m.,and it passed unanimously.
C.RESOLUTION 18-20 ELKHORN LODGE PRELIMINARY PLAT,600
ELKHORN AVENUE,ZAHOUREK CONSERVANCY,LLC,OWNER,EAST
AVENUE DEVELOPMENT,LLC,A TEXAS LLC,CIO JUSTIN MABEY,
APPLICANT.(Quasi-Judicial)Mayor Koenig opened the public hearing.
Planner Woeber restated the Elkhorn Lodge Subdivision would create 13 lots,
ranging from 0.276 to 3.291 acres in size.The Estes Valley Planning
Commission recommended approval of the preliminary subdivision at their
Febraury 25,2020 meeting.Melissa Strong/Bird and Jim Restaurant stated
the applicant has taken care to preserve the land and its historic nature.Mayor
Koenig closed the public hearing.It was moved and seconded
(Cenac/Martchink)to approve Resolution 18-20 for the Elkhorn Lodge
Preliminary Plat according to findings of fact with findings as
recommended by staff,and it passed unanimously.
Mayor Koenig called a 15 minute break at 10:00 p.m.and resumed the meeting at
10:15 p.m.
4.ACTION ITEMS:
1.RESOLUTION 39-20 SUPPLEMENTAL BUDGET APPROPRIATIONS.Director
Hudson reviewed the resolution to reinstate funding in Fleet for the vacant fleet
mechanic position.This position was reduced in April during the budget reduction
process due to COVID-1 9 and was anticipated to be filled in September 2020.A
qualified candidate has been identified and would start in July with the
appropriation of funds.The position has been difficult to fill and remains a high
priority to ensure proper maintenance of the Town’s fleet.It was moved and
Board of Trustees —June 23,2020 —Page 6
seconded (Bangs/MacAlpine)to approve Resolution 39-20 Supplemental
Budget Appropriations to the 2020 Budget,and it passed unanimously.
2.RESOLUTION 40-20 APPEAL OF STAFF DENIAL OF A CERTIFICATE OF
OCCUPANCY FOR THE ALARADO DEVELOPMENT.(Quasi-Judicial)Trustee
Cenac recused herself.Mayor Koenig opened the public hearing.Director Hunt
provided a review of the Alarado Business Park development stating the site and
structure are mostly complete with the building core and shell permitted,inspected
and received a Certificate of Occupancy (CO),interior finishes for the Urgent Care
and the apartments have received a CO,and the Jimmy John’s has requested but
has not received a CO.The Estes Valley Planning Commission,the reviewing
body for Development Plans,provided approval in October 2018,and a
subsequent amendment to the conditions regarding the traffic signal at US 34 and
Steamer Drive was approved in August 2019 as it related to the completion of the
Jimmy John’s.The original condition of approval was to add an additional lane to
Hwy 34 to address the increased traffic impact.In August,an additional traffic
impact analysis was provided and demonstrated a traffic signal was warranted and
was approved as an option to mitigate traffic,which was preferred by the applicant.
The applicant agreed to a series of building-permit stipulations setting several
milestones in project completion,linked to various stages in road improvements,
other requirements,and the CO for Jimmy John’s would not be issued until the
road improvements were installed,inspected and accepted by the Town and
CDOT.A Temporary Certificate of Occupancy (TCO)for the Jimmy John’s was
provided for in the stipulations so long as the US 34 work was substantially near
completion and a clear completion date had been identified.The signal design
has yet to be completed.Staff has denied the Alarado request for a CO based on
the stipulations in the building-permit agreements.No TCO has been formally
requested to date,only verbal and written discussion between the applicant and
Town staff have indicated the applicant’s wish to pursue one if possible.
Stewart Olive/applicant representative stated the applicant has requested a TCO
for the Jimmy John’s and have been denied.He reviewed the timeline for the
project,including the change to the traffic impact study in August 2019 from an
additional lane to a traffic signal to address the warrants outlined in the study with
a $600,000 letter of credit provided for the signal.An additional design for the
traffic signal was submitted for review in December2019,and a design resubmittal
to CDOT with changes on June 3,2020.The Jimmy John’s has passed inspection
by Larimer County Board of Health in May,however,a final inspection cannot be
completed without the issuance of a CO.The building has been completed and
the traffic signal continues to be the only item to be completed.A traffic study
update by Delich Associates demonstrates a 24%decline from August 2019 and
at current rates a traffic signal would not be recommended.Traffic volumes would
increase in the future and the need for the signal would be needed and would be
installed.Once approval of the design has been received the applicant estimates
a four-month fabrication timeline and installation thereafter.The applicant
requests the issuance of a TCO for the Jimmy John’s with a CO issued with the
completion of the traffic signal.
Discussion was heard on the addendum to the traffic study and has been
summarized:Director Hunt stated the study only addressed the traffic volume and
not the wait time or the level of service.The information provided was not a
compelling argument for issuance of the TCO.Director Muhonen stated Public
Works continues to have concerns regarding public safety and the need to uphold
the Town’s word to the constituents.The traffic threshold prior to the project had
reached the high end of the acceptable level.With the addition of the project the
level of service became negative.Mr.Delich/Delich Associates provided a review
of the amendment to the traffic impact study which indicated the stop sign control
would not be adequate with the new project.He contended a 24%reduction in
recent traffic counts would meet the requirements of a stop sign control for
operation of the business at this time.
Board of Trustees —June 23,2020 —Page 7
It was moved and seconded (Martchink/Younglund)to approve Resolution 40-
20A,upholding the decision of the building official which denied the
certificate of occupancy for the Jimmy Johns Gourmet Sandwiches store
within the Alarado Business Park development,and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at I 1:30 p.m.
Wend,yI5ønig,Myor
Jak Williamson,Town Clerk