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Home My WebLink AboutMINUTES Town Board 2020-03-24Town of Estes Park,Larimer County,Colorado,March 24,2020 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 in said Town of Estes Park on the 241h day of March,2020. Present:Todd Jirsa,Mayor Trustees Carlie Bangs Eric Blackhurst Marie Cenac Patrick Martchink Ron Norris Ken Zornes Also Present:Travis Machalek,Town Administrator Dan Kramer,Town Attorney Jackie Williamson,Town Clerk Absent:None Mayor ursa 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 (Zornes/Norris)to approve the Agenda,and it passed unanimously. PUBLIC COMMENTS. All public comment for the meeting was provided by email or transcribed voice message through the Town Clerk’s office and added to the final packet. TOWN BOARD COMMENTS Trustee Cenac stated the Town should consider delaying the discussion on raising utility rates during the current COVID-19 pandemic. Mayor Pro Tem Norris stated as of the meeting Colorado has 912 cases on COVID-19 with 43 occurring in Larimer County.He further stated no new cases in Estes Park have been identified. Trustee Blackhurst thanked the IT staff and the Town Clerk’s office for their efforts in establishing a virtual meeting process. TOWN ADMINISTRATOR REPORT, Town Administrator Machalek presented his policy governance report for policies 3.0,3.1, 3.2,3.4,3.5,3.6,3.9,3.10,and 3.11.He reported full compliance. 1.CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated March 10,2020 and Town Board Study Session Minutes dated March 10,2020. 3.Family Advisory Board Minutes dated February 13,2020 (Acknowledgement Only). 4.Resolution 14-20 Approval of Bylaws for Estes Park Board of Adjustment. 5.Resolution 15-20 Approval of Bylaws for Estes Park Planning Commission. Board of Trustees —March 24,2020 —Page 2 6.Family Advisory Board Appointments of John Bryant,Reappointment,3-year term expiring April 15,2023 and Laurie Dale Marshall,Reappointment,3-year term expiring April 15,2023. 7.Transportation Advisory Board Appointments of Ann Finley,Reappointment,3- year term expiring March 31,2023,Belle Morris,Reappointment,3-year term expiring March 31,2023 and Lawrence Gamble,Appointment,3-year term expiring March 31,2023. 8.Purchase Order for Prospect Mountain Water Company Project engineering services,for $1,197,200,Budgeted. 9.Letter of Support for the FTA-CDOT Grant Application for Electric Trolley Facility and one Charging Station. 10.Resolution 16-20 —Electric Rate Public Hearing Reschedule to June 23,2020. 11 .Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Norris/Cenac)to approve the Consent Agenda Items,and it passed unanimously. 2.ACTION ITEMS: 1.RESOLUTION 20-20 CONTINUING THE DECLARATION OF LOCAL EMERGENCY DUE TO THE COVID-19 PANDEMIC.It was moved and seconded (Norris/Zornes)to approve Resolution 20-20 Continuing the Declaration of Local Emergency due to the COVID-19 Pandemic,and it passed unanimously. 2.ORDINANCE 06-20 AMENDING THE ESTES VALLEY DEVELOPMENT CODE SECTION 3.1 REVIEW PROCEDURES.Attorney Kramer presented the ordinance which would suspend the Development Code deadlines for automatic approvals and denials of development applications during a declared emergency or disaster.It was moved and seconded (MartchinklBlackhurst)to approve Ordinance 06-20 Amending the Estes Valley Development Code Section 3.1 Review Procedures,and it passed unanimously. 3.PLANNING COMMISSION ITEMS: 1.ACTION ITEMS: A.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.Trustee Blackhurst recused himself from the item.Staff recommended the item be postponed until a public hearing could be held. B.RESOLUTION 18-20 ELKKORN LODGE PRELIMINARY PLAT,600 ELKHORN AVENUE,ZAHOUREK CONSERVANCY,LLC,OWNER,EAST AVENUE DEVELOPMENT,LLC,A TEXAS LLC,CIO JUSTIN MABEY, APPLICANT.Trustee Blackhurst recused himself from the item.Staff recommended the item be postponed until a public hearing could be held. It was moved and seconded (Norris/Bangs)to postpone Ordinance 05-20 and Resolution 18-20 and to hear the items once the emergency ordinance has been lifted,and it passed with Trustee Blackhurst abstaining. Board of Trustees —March 24,2020 —Page 3 ACTION ITEMS (Continued): 3.FEE WAIVER REQUEST,1230 BIG THOMPSON AVENUE,REZONING APPLICATION FEE,ADESTES PROPERTIES,LLC.Director Hunt provided a review of the request by Adestes Properties,LLC (David &Alix LaSalle)to waive the rezoning fee for property rezoned in 1999 from C-O to A —Accommodations. The 60 year history provided by the applicants demonstrates the property has been used as a restaurant and a health club facility and never as an accommodations. It recently has been leased to Visit Estes Park,a local marketing district,as office space,which is not an allowed use in the A zoning district.The rezoning application would rezone the property from A —Accommodations to CO — Commercial Outlying to align with the past and current uses of the property.It was moved and seconded (Zornes/Norris)to approve a fee waiver the rezoning application fee for 1230 Big Thompson Avenue by Adestes Properties,LLC, and it passed unanimously. 4.RESOLUTION 19-20 SUPPLEMENTAL BUDGET APPROPRIATIONS.Director Hudson presented a budget amendment to re-appropriate the remaining balances of uncompleted 2019 purchase orders in 2020 to fund the completion of the acquisition of goods or service ordered and not completed in 2019.The projects rolled over include those in the General,Community Reinvestment,Larimer County Open Space,Trails,Parking Services,Street Improvement,Power and Communication,Water,Fleet and Vehicle Replacement funds. The Board discussed the need to support the community during the COVID-19 impacts and the “Stay At Home”order causing the shut down of a number of businesses within town.Town Administrator Machalek suggested the Board consider $250,000 from the Town’s reserves to fund food,shelter and business assistance for the Estes Park community.Staff would coordinate with local entities to determine the criteria and process for allocating the funds. After further discussion,it was moved and seconded (Cenac/Blackhurst)to approve Resolution 19-20,Option #2,and it passed unanimously. 5.CONTRACT FOR FALL RIVER TRAIL CONSTRUCTION WITH JAG’S ENTERPRISES,INC.,FOR $1,846,258.50.Engineer Barr reviewed a contract with Jag’s Enterprises,Inc.to continue the Fall River trail from David Drive along Fall River onto Fish Hatchery Road to Rocky Mountain National Park (RMNP),an estimated 2.5 miles.A portion of the trail would cross the RMNP boundary to connect the Aspenglen Campground to the main trail and be supported with funds from the Rocky Mountain Conservancy.Jag’s Enterprises,Inc.from Greeley,CO was the sole bidder on the project at $1.85 million which was less than the $1.95 million engineer’s estimate for the project.The project would be funded with 1A Trail Expansion funds,Open Space funds and two grants,Land and Water Conservation fund of $400,000 and Recreational Trails Program of $250,000,and a local contribution from the Estes Valley Recreation and Parks District of $500,000.Staff recommends contracting with Jag’s Enterprises,Inc.for $2 million to include contingency funds for the project. Trustee Blackhurst stated support for the project which has be ongoing and has taken nine years to get to the current state.He stated the worthy project would complete a premier trail in the area and provide access to the RMNP. Discussion followed on the inclusion of emergency clauses related to the timing and completion of the project.Engineer Barr stated the contract contains controls, and further stated the awarded grants have time limits.The project estimates approximately four months for completion once the contractor breaks ground.The RMNP segment would be completed later in the fall. It was moved and seconded (MartchinklBlackhurst)to approve the construction contract with Jag’s Enterprises,Inc.and authorize Public Works staff to spend up to a total amount of $2 million if needed to address Board of Trustees —March 24,2020 —Page 4 unanticipated conditions encountered during construction,and it passed unanimously. 6.ESTES PARK PLANNING COMMISSION APPOINTMENTS. It was moved and seconded (Norris/Cenac)to approve the appointments to the Estes Park Planning Commission of Matthew Comstock for a six-year term expiring March 31,2026,Joe Elkins and Matthew Heiser for four-year terms expiring March 31,2024,Howard Hanson and Steve Murphree for two- year terms expiring March 31,2022,and it passed unanimously. 7.ESTES PARK PLANNING COMMISSION APPOINTMENTS. It was moved and seconded (Norris/Zornes)to approve the appointments to the Estes Park Board of Adjustment Appointments of Jeff Moreau for a three- year term expiring March 31,2023,Francis (Joe)Holtzman for a two-year term expiring March 31,2022,and Guy Wayne Newsom for a one-year term expiring March 31,2021,and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at Ja Williamson,Town Clerk n Todd Jirsa,