TOWN OF MORRISON BOARD OF TRUSTEES MORRISON TOWN HALL, 110 STONE STREET REGULAR MEETING OF' THEI BOARD OF TRUSTEES  TUESDAY,APRIL2,2024 5:001 P.M.  Call to Order. Mayor Wolfe called the Regular Town Board Meeting to order at 5:00 P.M. Roll Call. Mayor Chris Wolfe, Trustees Katie Gill, John Leonard, David Wirtz, and Paul Sutton were present. Trustees Sean Forey and Adam Way were absent. A quorum was established. Staff Present Austin Flanagan (Town Attorney), Carrie McCool (Town Planner), Bill Vinelli (Chief fof Police), Dan Lamont (Streets, Ground, and Buildings Director), Ariana Neverdahl (Town Clerk), and  Courtney Christensen (Deputy Town Clerk).  Executive Session.  Amotion was made by Trustee Gill to go into Executive Session for a conference under Town Charter Section 3.4and C.R.S. $74-6-4024Xb)and (e)with the Town Attorney and appropriate staff for the purposes of receiving legal advice on specific legal questions and to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations. and instruct negotiators concerning a Holcim Planning, Trustee Gill further moved to return to the open meeting at the close of the executive session to take any actions deemed necessary. The motion was seconded by' Trustee Sutton. All members present voted aye. The motion carried.  Trustee Way entered the meeting at 5:17P.M. Trustee Forey. joined the meeting at 6:00 P.M.  Amendments to the Agenda. NSF Grant was added to the agenda under general business item 7.d and Police Department was added to the agenda under departmental reports as item 8.f. Public to Address the Board. Gus Chambers, 207 Bear Creek Lane. Chambers mentioned that the year 2024 is the Town's 150 anniversary. Chambers suggested the Town reprint the memory photo album and mentioned plans for a memorable plaque to be placed near the historic railroad that went through the Town. Chambers stated he is working with a committee to host an event later this fall to celebrate the Ann Pitinga, 130 Red Rocks Vista Drive. Pitinga voiced concern about the quasi-judicial procedures of the Board. Pitinga stated that all ex parte conversations should be held in a public hearing, where everyone. knows what was discussed. Pitingia voiced concern over changing the RED: Hotel public  Town's 150 anniversary.  hearing and not allowing for public comment. Presentations and Hearings.  Public Hearing: Appeal of Planning Commission's decision to deny a Site Development Plan Public Hearing: Special Review for aj proposed hotel and other incidental commercial uses Public Hearing: Old Town Historic Overlay District Major Site Improvement for 203 and  for 203 and 205 Bear Creek Avenue in the' Town. for 203 and 205 Bear Creek Avenue int the Town.    205 Bear Creek Avenue in the Town. for all three hearings is closed.  Mayor Wolfe stated that thel hearing tonight is a continuation oft the previous hearing and public comment Applicant Report. Zeke Freeman, Root Architecture and Development (Root). Freeman thanked the Board of Trustees and the residents of Morrison for their feedback during this process. Freeman thanked the board-appointed Steering Committee for their time and meeting with Root to work collaboratively on the RED Hotel. Freeman stated at the meeting with the Steering Committee three revisions were requested; removal of the rooftop patio, lowering the overall height of the building, and design enhancements along the western-facing side of the building. Freeman stated that the third floor has been stepped back 261 feet tol help further reduce the overall building mass along the front street façade. By adding the step back, the rooftop patio was removed and a small 750 square-foot terrace was added to the third-floor common area: for hotel guests. The new renderings include aj pergola on the northern portion of thet terrace fors shade. Freeman stated that removing the rooftop patio and adding a terrace will help reduce the noise and sound from the rooftop patio. Freeman stated that Root has added additional stone on both the northwest and southwest corners of the building and replaçed all CMU with either stucco or stone to enhance the visual interest along the pedestrian corridor. Freeman stated that the front façade still has the original character from the first proposed hotel plans. Freeman stated that there are al lot of"gives" to redesign and reengineer the hotel, including room counts. Root has eliminated the on-site parkingi in the rear of the building to reduce the total number ofl lost guest rooms to one. This is needed to make the project financially feasible. Freeman stated that part of the discussion with the Steering Committee was the Town would allow the use of three parking spaces for thel hotel; one. ADA space, one check-in space, and one general parking space located int the rear of the property. The Steering Committee discussed the possibility ofa five-year lodging tax exemption and a credit for tap fees. Freeman thanked everyone for their time and stated that hel hopes to create a project that everyonei is proud of and the Root wants to be Trustee Wirtz asked for clarification on the color of the western-facing facade. Freeman stated it was Staff] Report. Town Planner McCool reviewed the public process with the Board. The applicants went to al hearing with the Planning Commission on February 13, 2024. The Site Development Plan was unanimously denied, thel Planning Commission is the decision body on Site Development Plans. The Planning Commission also recommended denial to the Board of Trustees on the Special review Rooftop and Hotel as well as the Major Site Improvement: applications. On February 15, 2024, Root filed an appeal to the Planning Commission's decision on the Site Development Plan to the Board of Trustees. On March 5, 2025, the Board of" Trustees held a public hearing on all three applications, public comment was opened and closed during the March 5, 2024 public hearings. At the March 5, 2024 public hearing the applications were continued to May 7,2024, and al Board of Trustee Steering Committee was formed. The Steering Committee met with the Root team on March 12, 2024. Onl March 19, 2024, the hearings were continued to April 2, 2024. Tow Staff did notice the. April 2, 2024 hearing date to inform the public ofthe hearing date change. Town Planner McCool stated that the design changes were submitted on March 27, 2024. The renderings are architectural design plans for the applicant to receive feedback from the Board. The applicant has requested a few concessions from the Town based on the design changes. The first one is that the Town will allow for the exchange of three parking spaces for the loss of the onsite parking space. The second is aj proposed five-year exemption of lodging tax to help stabilize their cost for the overall project and design changes. The last concession was a credit towards permit and tap fees to help offset the cost of the additional architectural and beautification change. The applicant will provide bids and receipts to the Town for all of the above costs for the project. Town Planner McCool stated that ifthe Board approves the concessions, then a condition of approval could be added to the approval stating; that  good neighbors and create al lasting legacy for everyone. changed to a darker wood siding for contrast.  2    the developer shall enter into an agreement with the Town in ai form approved by the Town Attorney to  formalize the three concessions requested.  Board Discussion.  Trustee Way asked if the dedicated ADA space would be solely the hotel's parking space or a public parking space. Town Planner McCool stated that the space will be the hotel's but there are requirements Trustee Gill stated that she appreciated the meeting the Steering Committee had with Root. Trustee Gill stated that it was an opportunity to meet with the applicant and discuss the conçerns of the Planning Commission and the community. A lot oft the key concerns from the community were addressed in the revised renderings. Trustee Gill clarified that the Steering Committee did not recommend the exemption of the lodging tax or the credit on tap fees. The Steering Committee recommended the applicant bring Trustee Sutton thanked the applicant, the community, and Root for their input and for bringing back a proposal for al hotel that he could support. Trustee Sutton stated that he was not comfortable with the 5- year lodging tax exemption and free tap concessions but did support giving the applicant three parking Trustee Wirtz asked ifthel Board has to decide on the concessions this evening. Town Attorney Flanagan informed the Board of their choices regarding the concessions. The first option ist the Board does not have to agree with the concessions. The second option is to delegate the authority to the Town Council to negotiate an agreement that is inl line with the concessions. The third option is to direct the Town Trustee Wirtz voiced concern that the Board does not have the financial value of the concessions; how much value is one parking space. Trustee Wirtz also stated that he was confused about the lodging tax, lodging taxi is typically passed onto the customer. Trustee Wirtz also stated that he would like tol know the value of the permit and tapi fees. Trustee Gill stated that she can not speak to the permit fees but does not that the Town's water and sewer tap fees are $31,000 each based on the eight EQRS in the proposals the Trustee Wirtz asked Town Attorney Flanagan how the five-year lodging tax exemption would work. Town Attorney Flanagan stated the Board could look at the option ofa shared sales tax enhancement agreement. With this agreement, the sales taxes that are remitted would go back to the developer for certain public improvements upt to a dollar amount. Once that dollar amount reaches thes share back,the sales tax goes away. The five-year agreement will still be budgeted on an annual basis. Trustee Wirtz stated the Town still does not have a value on the lodging tax. Trustee Leonard stated the Mayor Wolfe agreed with Trustee Wirtz that there is a value to the parking spaçes. Trustee Sutton also Trustee Wirtz voiced concern that giving the applicant parking spaces could set aj precedence for other local establishments requesting parking spaces. Trustee Sutton stated that he felt the hotel should havea  ofv where the ADA space can be from the entrance to the building.  back aj proposal of what was needed to make the project feasible.  spaçes.  Attorney to negotiate agreements for Board approval at al later date.  estimated tap fee is roughly $248,000.00.  best the Town could do was get an estimate.  mentioned that the" Town does receive revenue from the parking spaçes as well.  parking space.  3    Trustee Leonard stated that he was comfortable with giving the applicant the three parking spaces. Trustee Leonard stated that he was not comfortable with the five-year lodging tax exemption and the credit to the tap fees. Giving a credit on tapi fees will set aj precedent that hei is not comfortable with. Trustee Leonard stated that he agreed with Trustee Gill that the Steering Committee did not request or recommend any of the concessions. Trustee Leonard stated that he felt the Root team did a great job at addressing the communities' concerns. Trustee Leonard stated he could support the hotel and the parking Trustee Gill mentioned the Board could discuss at tax-sharing amount based on a percentage. Trustee Gill Mayor Wolfe and Trustee Way were: in favor oft the Town Attorney to work on the agreements. Town Attorney Flanagan clarified that Town Staff has additional conditions of approval listed in the Trustee Forey stated that he does not want to give the applicant ai false sense of security that the Town will approve the five-year lodging tax exemption and credit on perming and tap fees. Trustee Forey stated that the Board is not comfortable with those concessions and would like clarifiçation on what concession Mayor Wolfe stated that the Board should decide on a number or percentage they are comfortable with Trustee Leonard stated that he is in favor of the parking concession and suggested a shared percentage amount in lodging tax that does not exceed $100,000.00. Trustee Leonard also stated that he is not in Town Attorney Flanagan suggested the Board use the Enhanced Sales Tax Incentive Program (ESTIP) the Town already has inj place. To use this program the Board would need to set ai maximum dollar amount. Town Council can negotiate the terms of the agreement with the applicant after a dollar amount is set. Trustee Gill asked ift the sales tax from the ESTIP is tied to public improvement on infrastructure. Town Attorney Flanagan stated the applicant can use thes sales tax back for additional costs on the redesign and improvements. Trustee Gill stated that the ESTIP could be used for the walkway between the hotel and Café Prague, the improvements are: for the community and not only the patrons. Trustee Gill stated that the original estimated amount for public improvement expenditures was $65,000.00. Town Planner McCool stated that int the March 5, 2024 Board packet the original public improvement expenditure amount was $35,000.00. This amount does noti include the additional items Mayor Wolfe and Trustee Leonard agreed on the amount of $100,000.00 for the ESTIP agreement. Trustee Gill stated that she understands some Board members are concerned about setting aj precedence by giving the applicant three parking spaces. Trustee Gill stated the hotel will not have a restaurant and this is a benefit to the other local restaurants; hotel guests will visit local restaurants. Trustee Gill stated she felt the hotel should have an ADA parking space and suggested maybe the Board look at providing two parking spaces. Trustee Gill also mentioned wanting the parking lot ini the Town Hall available for  concession.  also stated that the' Town's water tap fees are lower than other municipalities.  Board packet.  the Board is comfortable with. for the lodging tax.  favor oft the permitting and tap fee concession.  from the newly submitted renderings.  Board and Commission meetings and' Town events.  4    Trustee Sutton voiced his support for giving the REDI Hotel three parking spaces. Trustee Forey suggested giving the applicant three parking spaces fort the next five to ten years. The consensus of the Board was to give the applicant three parking spaces for the next ten years. The consensus of the Board was to not agree to the permit and tap fee concessions.  Trustee Gill stated she did not support giving away the tap fees.  The consensus of the Board was to agree to an Enhanced Sales Tax Incentive Program for $100,000.00. Amotion was made by' Trustee Way to grant the applicant'sappeal of the Planning Commission's denial of the Site Development Plan application based on compliance with the approval criteria of Section 10-4-8 and 10-4-9-4(B) oft the code with Town Staff's conditions ofa approval. The condition oft three parking spaces for the next ten years and a five-year Enhanced Sales' Tax Incentive Program to not exceed $100,000.00 in a form to be approved by the' Town Attorney, Themotion was seconded by Trustee Sutton. All members present voted aye. The motion carried. Mayor Wolfe closed the Public Hearing on the Appeal of the Planning Commission's decision to deny a Site Development Plan for 203 and 205 Bear Creek. Avenue in the Town at 7:03 P.M. Amotion was made by Trustee Gill to approve the Special Review application based on compliance with the criteria of Section 10-1F-3 oft the Code. The motion was seconded by Trustee Way. All Trustee Gill stated the special review was based on the rooftop patio and hotel use. Trustee Gill stated that she is comfortable approving the rooftop patio because Root amended the application and the current rooftop patio is int the same dimensions as the other rooftop patios in the CT: zone. District. It would be inconsistent ift the Board did not approve the special review use. Trustee Gill stated the Board did not hear from the public or the Planning Commission that they were opposed to al hotel at all. Mayor Wolfe closed the Public Hearing on Special Review for aj proposed hotel and other incidental commercial uses for 203 and 205 Bear Creek Avenue in the' Town at' 7:05 P.M. Ar motion was made by Trustee Way to approve the Major Site mprovemeataplsation based on substantial conformance with the Old Town Historic Overlay District Guidelines. The motion was seconded by Trustee Sutton. All members present voted aye. The motion carried. Trustee Gill stated this is very important to the community and the Planning Commission. Through this process, the Town has learned that the code has some subjective language in the guidelines. The Board is working on Title 10 Revisions to better reflect thei intentions, policies, and values of the Town. Mayor Wolfe closed the Public Hearing: OldTown Historic Overlay District Major Site Improvement for  members present voted aye. The motion carried.  203 and 205 Bear Creek. Avenue in the Town at 7:07 P.M.  Resolution 2024-05- Engagement Agreement with Alperstein and Covell.  5    Amotion was made by Trustee Way to approve Resolution 2024-05 Al Resolution approving a First Amendment to an Engagement Agreement with Alperstein and Covell for water counsel services. The motion was seconded by Trustee Gill. All members present voted aye. Then motion carried.  Trustees Gill and Sutton voiced their appreciation for Alperstein and Covell.  Spring Street Bridge.  Amotion was made by Trustee Sutton to approve the purchase order to secure the lumber required tor rehabilitate the Spring Street Bridge not to exceed $21,000.00. The motion was seconded by Trustee Sutton. All members present voted aye. The motion carried. The Board thanked Jim Gill for all of! his work on the design of Spring Street Bridge. Sawatch Labs. Streets, Grounds, and Building Director Lamont stated the Geotab Trackers were discussed at the prior Board meeting and the quote is included in the packet for formal approval from the Am motion was made by Trustee Way to approve the purchase ofa monthlysubseription of$327.25 through Sawatch Labs for all applicable Town Vehicles. The motion was seconded by Trustee Trustee Leonard voiced his appreciation for the Streets, Grounds, and Building Department. NSF Grant. Trustee Sutton asked for the Board's support on the NSF Grant hei is applying for. Ar motion was made by Trustee Sutton to write al letter ofs support for his NSF Grant application. The motion was seconded by Trustee Wirtz. All members present voted aye. Trustee Sutton  Board of Trustees.  Leonard. All members present voted aye. The motion carried.  abstained. The motion carried. Departmental Reports. Accounting. No oral report.  Streets & Grounds. Streets, Grounds, and Building Director Lamont mentioned to the Board that the South Park Bridge trust plate and the abutments are very corroded. Streets, Grounds, and Building Director Lamont stated that Stantec Consulting Services is coming to examine the bridge and suggested the Town close the bridge. Streets, Grounds, and Building Director Lamont suggested closing the bridge Trustee Way asked how long the bridge would need to be closed. Streets, Grounds, and Building Director Lamont stated the Town may need to look at repairing the bridge as well due to the stress on the trust Trustee Leonard asked ifthe Town can use the current deck. Streets, Grounds, and Building Director Lamont stated yes, but does not believe the Town has the staff or equipment to accomplish this in-house. Trustee Way asked how long ago the bridge was rebuilt. Trustee Forey stated the bridge was refurbished  to only bicyclists and pedestrians.  plate.  roughly ten years ago.  6    The Board directed Town Staff to look at the original contract for the bridge to seei ifa any cost could be Streets, Grounds, and Building Director Lamont stated he will ask Stantec Consulting Services what the Mayor Wolfe suggested informing the nursing home regarding the conçerns over the South Park Bridge. Streets, Grounds, and Building Director Lamont reviewed the ADA parking spot requirements with the Utilities Department. Trustee Gill asked ifthe plans for the wastewater plant are for a new building or an expansion of the existing wastewater plant. Town Clerk Neverdahl stated the plans are for an expansion  offset or recouped.  max loading rating is and bring that back to the Board for their review.  Board.  of the existing wastewater plant.  Trustee Gill asked what the plans for the old water treatment plant are. The Board asked that Utility Director Fouts attend ai future Board meeting. Dinosaur Ridge Gala, and the Board agreed on a $1,000.00 donation.  Town Clerk. Town Clerk Neverdahl asked the Board ifthey would like to donate to the 2024 Friends of Town Clerk Neverdahl informed the Board oft the Star Gazing Event on April 22, 2024.  Trustee Leonard suggested revising the Town Manager Jobj posting to state "serve at the direction of the  Board of Trustees." Town Attorney. No oral report.  Police Department. Chief Vinelli provided an update on the speed radar cameras and stated the Town is about a week away from entering the warning period. Town Clerk Neverdahl stated additional time is Chief Vinelli informed the Board that one of the Police Department's vehicles needed repair and the total charges for the repair willl be $5,700.00, which is above his spending approval limit. The repairs will be invoiced on1 two separate invoices as two separate. jobs. Trustee Leonard thanked the Chief for his transparency. Mayor Wolfe stated he did not want to set aj precedent of splitting upi invoices. Trustee Sutton asked ifthel Police Department vehicles would be tracked under the EC Fleet Assessment program. Chief Vinelli stated yes, that the Police Department's vehicles are being tracked under the program. Chief Vinelli asked thel Board who would be paying for thes subscription. The consensus of the Board was to divide it up per department based on the number of vehicles. Trustee Gill asked ift the theft ofab bike rack at the gas station was reported to thel Morrison Police Department. Chief Vinelli stated it was reported to the Morrison Police Department.  needed before the warning period can begin.  Consent Agenda.  Am motion was made by Trustee Sutton to approve the Consent Agenda for April2, 2024.with amendments to the minutes. The motion was seconded by Trustee Way. All members present voted  aye. The motion carried.  7    Board Comments.  Trustee Wirtz mentioned that he saw Mayor Wolfe on the news discussing underground utilities. Trustee Wirtz mentioned he received an additional complaint from a resident regarding access to Mt. Falcon. Trustee Leonard stated that he spoke with the resident as well and resolved thei issue.  Trustee Wirtz stated the Town has not built ai new building since 1961.  Trustee Leonard asked when the Board of Trustees received complaints or letters they replied to. Town Clerk Neverdahl stated yes, that all comments sent to the Board are addressed either by Trustee Sutton thanked the Steering Committee for their work on the RED Hotel applications and Trustee Sutton voiced his appreciation to Gus Chambers for his work on the Town's 150 Anniversary and would like the Town to contribute to the memorial plaque. Town Clerk Neverdahl stated the Town has plans to help cover the cost of the memorable plaque.  staff or the mayor.  stated he was happy with the outcome.  Executive Session.  Ar motion was made by' Trustee Way to go for a conference under Town Charter Section 3.4and CRS7H40X0Daml (e) with the Town Attorneyand appropriate staff for the purposes of receiving legal advice on specific legal questions and to determine positions relative to matters that may be subject to negotiations, develop as strategy for negotiations, and instruct negotiators concerningap proposed annexation agreement. Trustee Way further moved to adjourn the open meeting at the close of the executive session. The motion was seconded by Trustee Sutton. All  members present voted aye. The motion carried.  Adjournment. Mayor Wolfe adjourned the regular Town Board Meeting at 8:491 P.M.    Chris Wolfe, Mayor  ATTEST:  11  0  Mhiaais Nndah Ariana Neverdahl, Town Clerk  8