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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