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HomeMy WebLinkAboutMINUTES Town Board 2020-07-28Town of Estes Park,Larimer County,Colorado,July 28,2020 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 28th day of July,2020. Present:Wendy Koenig,Mayor Patrick Martchink,Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy You nglund Scott Webermeier 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 7:04 p.m.and all desiring to do so,recited the Pledge of Allegiance. SWEARING-IN CEREMONY FOR APPOINTED TRUSTEE. Judge Ablao conducted a swearing in ceremony virtually for newly appointed Trustee Scott Webermeier completing the term of Trustee Ken Zornes. AGENDA APPROVAL. It was moved and seconded (Martchink/Cenac)to approve the Agenda as presented, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee Younglund commented the Police Auxiliary continues their efforts to pick up trash throughout the community. Trustee MacAlpine stated she attended her first Board of Appeals in July. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek provided a policy governance monitoring report for Policy 3.3,3.12 and 3.13 and reported compliance. 1.CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated July 14,2020 and Town Board Study Session Minutes dated July 14,2020. 3.Board of Appeals Minutes dated August 29,2019.(Acknowledgement only). 4.Family Advisory Minutes dated March 5,2020.(Acknowledgement only). 5.Three Year Extension with Hays Companies,Inc.,for Employee Benefit Services, $29,000 annually —Pending Budget Appropriations. 6.Resolution 47-20 Approving the Second Amendment to the Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study Board of Trustees —July 28,2020 —Page 2 between Platte River Power Authority,Fort Collins,Longmont,Loveland and Estes Park. 7.Resolution 48-20 Water Supply Agreement with Gunter and Gloria Preuss of Saddle Notch Ranch. 8.Resolution 49-20 Intergovernmental Agreement with Colorado Department of Human Services authorizing participation in the Low-Income Energy Assistance Program (LEAP). 9.Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Bangs/MacAlpine)to approve the Consent Agenda, and it passed unanimously. 2.REPORTS AND DISCUSSION ITEMS:(Outside Entities). 1.LARIMER COUNTY OPEN LANDS ADVISORY BOARD UPDATE.Daylan Figgs/Larimer County Natural Resources Director provided a quarterly update on the open land activities.In 2020,staff has seen a significant increase in day use of open spaces,and Hermit Park has experienced a significant increase in visitation and hitting capacity on trailheads.The department continues to work on a strategic plan and would present the results to the Town Board once completed later in the fall.He stated the department partners with the Estes Valley Land Trust on potential conservation easements,committed funds towards the Fall River Trail, funding for the Estes Valley Open Space and Recreation Plan,treatment of weeds on Town properties and contributed funds to the Estes Land Stewardship Association for the printing of weed booklets.The department continues to implement phases of the adopted management plan for Hermit Park,including relocation of two cabins,relocating the Homestead Meadow Trail and new outdoor education and day use area at the Hermit’s Cabin.NoCoPlaces 2050,a regional collaborative includes eight land management agencies,was formed to work to protect and conserve natural and cultural resources while providing equitable access and quality recreation experiences for current and future generations with a 30-year time horizon.The 2019 annual report highlights the work completed each year and the investment in the open lands in Larimer County. 2.COVID-19 SAFETY EFFORTS AND OUTREACH.Town Administrator Machalek provided an overview of the safety and outreach efforts to date the Town and its partners have taken regarding COVID-19,including administration of the Estes Valley Resiliency Collaborative (EVRC),“Welcome Back”campaign focused on wearing masks,maintaining distance and handwashing,development of the Estes Valley Safe &Strong Resiliency Plan,use of digital messaging signs,Police educating and enforcement support for Larimer County mask order, implementation of the “Embrace the Views”outdoor expansion program, consideration of open container options for public spaces,consideration of “Stay Healthy Streets”proposal,co-host two virtual “Town Halls”,host webinars for the public,participation in regional collaborative groups,CSU wastewater testing program,and other collaborative messaging efforts such as “Keep NoCo Open”. The Estes Chamber of Commerce survey indicated the businesses (68%)prefer the Town align with Governor Polis’guidance,masks required indoors and while waiting outdoors for certain transportation operations,rather than renewing the Town’s ordinance to require masks in the downtown core. Tom Gonzales/Larimer County Public Health Director provided an update on the status of COVID-19 in the county.He stated the county has seen an increase in positive cases in July and reached a threshold of more than 25 cases in a 14-day period for three days or more.The Colorado Department of Public Health and Environment notified Larimer County Public Health of the potential loss of the approved variance,which allowed the county to open earlier with additional capacity for businesses such as restaurants.A mitigation plan was submitted and approved by the State without modifications,including additional staffing,both a Board of Trustees —July 28,2020 —Page 3 LatinX outreach coordinator and additional bilingual contact tracers,to address the vulnerable population,increase community wide testing,and increase enforcement efforts through cooperative efforts with local jurisdictions.Staff continues to work with CSU,Fort Collins and Estes Park on viral loads within wastewater as a method for determining the virus within the communities.Director Gonzales reinforced the need for face coverings which have scientifically proven to decrease the spread of the virus when social distancing cannot be maintained. Estes Park saw 13 new cases during the month of July,with a total of 21 case throughout the entire pandemic to date.He stated a majority of the cases were due to travel by Estes Park residents.The super spreaders of the virus are the 20-35-year-old who are mostly asymptomatic and don’t require hospitalization. Board comments and questions have been summarized with a response by Director Gonzales and Community Relations and Public Information Supervisor Katie O’Donnell:Questioned what consists of a large gathering and if allowing open containers in Town parks would be a concern.A group of 50 or more people. Outdoor without a mask provides a lower risk of spreading the virus,however,he would encourage physical distancing and refrain from mingling within the parks. Questioned if any of the known cases were from outdoor exposure.The County Health department has linked five cases to outdoor events where there was no social distancing.Would walking downtown on the sidewalks be a concern?The risk would be lower.Questioned if variations on the current plans to open schools have been established and would contact tracing be implemented.Contact tracers have been assigned to each school district and variations of the plans have been developed.Direct contact would be used when determining who would be required to be quarantined and would not require parents to quarantine if a student has been exposed directly.Questioned if requiring face covering outdoors would develop a norm and address the clumping together of people in small areas downtown.The department continues to work with local businesses on requiring face covering when waiting in line to enter and reviewing areas outdoors that are particularly congested.Studies have shown an increase in droplets with exercise, signing,spitting,etc.and with colder and drier air which allows the droplets to remain airborne for a longer period of time.Businesses are closed when there are two or more employees which test positive to allow for the full cleaning of the business. 3.LIQUOR ITEMS: 1.NEW HOTEL &RESTAURANT LIQUOR LICENSE FOR BLACK CANYON CATERING,INC.,DBA THE BOULDERS,800 MACGREGOR AVENUE,SUITE 243 ESTES PARK,CO 80517.(Quasi-Judicial)Mayor Koenig opened the public hearing.Town Clerk Williamson reviewed the application for a new Hotel and Restaurant liquor license filed by the Black Canyon Catering Inc.dba The Boulders.She stated all paperwork and fees had been submitted.The applicant was approved for a new liquor license for The Homestead earlier in the year to operate a wedding facility at the old Twin Owls Restaurant location on the property. This newly constructed wedding facility would provide a second option on the property owned and operated by the applicants.Mayor Koenig closed the public hearing.It was moved and seconded (Cenac/Webermeier)to approve a Hotel &Restaurant Liquor License for the Black Canyon Catering Inc.dba The Boulders,800 MacGregor Avenue,Suite 243,and it passed unanimously. 4.PLANNING COMMISSION ITEMS: 1.ACTION ITEMS: A.RESOLUTION 50-20,AMENDED PLAT OF PORTIONS OF LOTS 6,7,AND 8,BLOCK 1,OF THE SECOND AMENDED PLAT,215 PARK LANE, THOMAS BECK,TW BECK ARCHITECTS OWNERIAPPLICANT.(Quasi Judicial)Mayor Koenig opened the public hearing.Planner Woeber stated the request would rearrange internal lot lines within the 1908 plaffed subdivision. The request would combine three lots,each approximately 25 feet by 160 feet Board of Trustees —July 28,2020 —Page 4 in depth,into two lots,Lot 6A (0.074 acre)and Lot 7A (0.095 acre),to legally locate a current commercial building containing offices and demolish current structures and redevelop Lot 6A into multi-family residential use,a use-by-right in the CD —Commercial Downtown zoning district.The Estes Park Planning Commission unanimously approved the request at their June 16,2020 meeting. Thomas Beck/Applicant stated the old garage and cabin on Lot 6A have been demoed and the property would be used for parking for the commercial office building on Lot 7A in the interim.Mayor Koenig closed the public hearing.It was moved and seconded (MacAlpine/Cenac)to approve Resolution 50- 20,and it passed unanimously. 5.ACTION ITEMS: 1.RESOLUTION 51-20,3RD AMENDED LAKEVIEW PLAZA CONDOMINIUMS, 1751 NORTH LAKE AVENUE IA AND IB,BRADFIELD PROPERTIES,LLC (GORDON AND ANNIE SLACK)AND JESSIE M FINCHIOWNERS.(Quasi- Judicial)Mayor Koenig opened the public hearing.Planner Woeber stated the amended plat would align the attic areas with the units of the Lakeview Plaza Condominiums to clearly outline the ownership of the seven units.The request would record an amendment to move the boundary line on the condominium map for Units IA and lB with no physical change to the structure,utilities,access, drainage,etc.Mayor Koenig closed the public hearing.It was moved and seconded (Martchink/Younglund)to approve Resolution 51-20,and it passed unanimously. 2.RESOLUTION 52-20 PEAK VIEW APARTMENTS WATER TAP FEE INSTALLMENT LOAN AGREEMENT.Director Hudson presented the Board with a proposed installment loan agreement for water tap fees for the development of the Peak View Apartments by the Estes Park Housing Authority (EPHA).The agreement provides the Authority with $14,000 in water tap subsidy from the General Fund;EPHA to pay a portion of the fees pending the final contractor bids and amount of the construction loan;and amortize the remaining water tap fee at a not to exceed amount of $187,863 with a 14-year loan at 1.75%interest, capitalize annually compounded interest for the first three years,and annual payments to begin in 2024 for a JO-year period.EPHA Director Hawf and former EPHA Director Kurelja thanked the Town and staff for the effort and support in working together to bring the needed housing project forward.It was moved and seconded (Bangs/MacAlpine)to approve Resolution 52-20,and it passed unanimously. 3.FEE WAIVER REQUEST,1551 SOUTH SAINT VRAIN AVENUE,PEAK VIEW APARTMENTS,BUILDING DIVISION FEES,ESTES PARK HOUSING AUTHORITY (EPHA).Director Hunt presented a request by the EPHA to waive building permit and plan review fees,estimated at $18,974.71,to build the Peak View Apartments consisting 0126 units to provide workforce housing.The request if approved would waive 50%of the building permit and certificate of occupancy fees and 100%of the plan-review fees.At the July 14,2020 meeting,the Board approved an amended contract with SafeBuilt,a contracting service providing building division services,to provide a 50%discount for building services provided for Town-owned projects.SafeBuilt extended the same discount to EPHA for permit and plan review fees.EPHA Director Hawf and former EPHA Director Kurelja thanked the Town and SafeBuilt for their support,and stated every dollar of funding aids the financing of the needed project.It was moved and seconded (Younglund/Cenac)to approve the fee waiver request as presented,with a not-to-exceed waiver authorization of $20,000 for the proposed project,and it passed unanimously. 4.INTERVIEW COMMITTEE FOR THE BOARD OF APPEALS. It was moved and seconded (Martchink/Webermeier)to approve the appointment of Trustees MacAlpine and Cenac to the Board of Appeals interview panel,and it passed unanimously. Board of Trustees —July 28,2020 —Page 5 5.REQUEST TO ENTER INTO EXECUTIVE SESSION: It was moved and seconded (Koenig/Younglund)to approve entering into executive session for the purpose of determining positions relative to matters that may be subject to negotiations,developing strategy for negotiations,andlor instructing negotiators -Section 24-6-402(4)(e),C.R.S. and for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions -Section 24-6-402(41(b), C.RS.-Regarding the potential for the Town to provide water service to the YMCA of the Rockies,and it passed unanimously. Mayor Koenig called a recess of the meeting at 9:10 p.m.and entered into Executive Session at 9:25 p.m. Mayor Koenig reconvened into regular session at 10:25 p.m. Whereupon Mayor Koenig adjourned the meeting at 10:27 p.m. kie Williamson,Town Clerk E E