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Home My WebLink AboutMINUTES Town Board 2006-07-25Town of Estes Park, Larimer County, Colorado, July 25, 2006 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 25th day of July, 2006. Meeting called to order by Mayor Baudek. Present: Also Present: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Randy Repola, Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Blackhurst reminded the public that the Public Safety Committee would meet Thursday at 8:00 a.m. in the Town Board Room. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated July 11, 2006. 2. Bills. 3. Committee Minutes: A. Public Works, July 13, 2006. 1. Purchase 2006 GMC 3500 4X4 with snowplow, $22,727 - Budgeted. B. Utilities, July 20, 2006. 1. Purchase 2007 Ford F350 4x4 truck with utility body, $31,079 — Budgeted. 2. Purchase 2007 GMC 1500 4x4 truck, $19,250 — Budgeted. 4. Estes Valley Board of Adjustment, July 11, 2006 (acknowledgment only). 5. Estes Valley Planning Commission, July 18, 2006 (acknowledgment only). 6. Ordinance #4-06 — Officially ratifying Town Board approval of 6/27/06 regarding EVDC Block 8 Amendments. Board of Trustees — July 25, 2006 — Page 2 7. One-year Extension of the Memorandum of Understanding between Rocky Mountain National Park and the Town of Estes Park Volunteer Fire Dept. for personnel services and equipment required for both structural fire and wildfire suppression, July 20, 2006 — July 20, 2007. It was moved and seconded (Pinkham/Levine) the Consent Agenda be approved, and it passed unanimously. 1A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wishes to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. AMENDED PLAT 1. Stanley Hills Subdivision, Lot 22 and Outlot B, Thunder Canyon Homeowners Association/Applicant. 2. Lots 1, 2 and Outlot A, Timberlane Subdivision, and Tract 1, Brookside Addition, The Worldmark Club & Trendwest Resorts, Inc./Applicant. B. SUPPLEMENTAL CONDOMINIUM MAP 1. MLL-2 (Mary's Lake Lodge II) Condominiums, Supplemental Condominium Map #2, Units 40A, 40B, 41A & 41B, Lots 3A & 3B, Marys Lake Replat of Mary's Lake Subdivision, Don Debey/Applicant. C. FINAL CONDOMINIUM MAP 1. The Promontory Condominiums, Lot 6, Mary's Lake Replat of Mary's Lake Subdivision, The Promontory, LLC/Applicant. It was moved and seconded (Newsom/Eisenlauer) Planning Commission Consent Agenda be approved with Planning Commission conditions, and it passed unanimously. 2. ACTION ITEMS: 1. AQUATIC CENTER FUNDING. Town Administrator Repola reviewed the request for financial assistance requested by the School District and the Recreation District. The Town Board agreed to assist the districts at their July 11, 2006 meeting and referred the item to the Utility Committee for further action. The Committee discussed discount rates for both water and electric ranging from 60% ($10,368 - 2006, $21,395 — 2007) to 90% ($15,552 — 2006, $32,093 — 2007). Since the water is not separately metered, staff proposes the water subsidy be applied as a discount (fixed amount). The electric subsidy would be calculated based on actual usage and applied monthly. Jack Holmquist, EVPRD President, expressed both districts' appreciation to the Town Board for their consideration of financial assistance for the pool. He stated ultimately community support would be needed to keep the pool open past December 2007. Mayor ProTem Pinkham stated an 80% subsidy for both water and electric for an eighteen -month period would be in line with previous discussions. Trustee Eisenlauer agreed. Trustee Homeier expressed 60% or 70% would be an adequate subsidy based on the financial data. This request was not budgeted Board of Trustees — July 25, 2006 — Page 3 and would be a lack of revenue. Attomey White read Resolution #14-06. It was moved and seconded (Pinkham/Levine) Resolution #14-06 be approved to provide water and electric subsidies for the pool at a rate of 80% not to exceed $45,000 from July 2006 to December 2007, and it passed with Trustee Homeier voting "No". 2. AMENDED MASTER PLAN, LOT 4, STANLEY HISTORIC DISTRICT. Attorney White provided history for the formation of the Stanley Historic District. In the eariy1990's, a Citizen Initiated Ordinance was brought to the Town Board to prohibit the current owner of the Stanley Hotel, Frank Normali, from removing buildings and redeveloping the property. The ordinance also prohibited development on surrounding properties including the Knoll -Willow property in which the Rocky Mountain Factory Outlet had proposed an outlet mall. The Town Board directed staff to draft a Stanley Historic District Ordinance to be adopted if the Initiated Ordinance was defeated. In 1991, the ordinance was defeated and the Town adopted the Stanley Historic District Ordinance that established view sheds, architectural and design standards for the hotel and surrounding properties, and prohibited certain uses. The ordinance did not address the overall development plan for the property, development density or use. These properties were zoned commercial and could be developed in a manner that could be detrimental to the property. To address these concems, the Town negotiated and entered into development agreements in 1994 with the Stanley Hotel, Overlook and FHK that addressed road circulation, density of development, uses and architectural and design standards. The development review process for the properties would occur through a Technical Review Committee, not the Planning Commission and the Town Board. The agreement with FHK included the purchase of Lot 5, 6 and 8 by the Town to preserve the area as open space and protect the views of the hotel. In 1997, the Town entered into a lease purchase agreement for the purchase of Lot 4 and completed the purchase in 2004. In 2005, the Town sought Requests for Proposals (RFP) for the purchase and development of the property. In February of 2006, the Town entered into a purchase contract with Estes Winds, LLC for $1.25 million. The Estes Winds, LLC concept was selected based upon its fit with the Stanley Historic Master Plan, as well as, the value of the project both in terms of initial purchase price and the anticipated sales tax based upon the project pro forma. The Technical Review Committee reviewed the proposal and advised the developer that two aspects of the proposal did not comply with the Master Plan. The non -compliant elements were the total commercial square footage (39,000 requested versus 30,000 permitted) and building footprint square footage (41,000 requested versus 30,000 permitted). Estes Winds, LLC subsequently withdrew the proposal and requests the Town Board amend the Master Plan to increase the maximum commercial development and the building footprint. The Town is being asked to amend the development agreement in which the Town is a party to both sides of the agreement. Administrator Repola stated the Town purchased Lot 4 for "potential future public use". The 1997 lease option was entered into when the Town was considering the sale of the Municipal Building to the National Geographic/Destination Cinema. The sale did not materialize and the Town began to remodel the current Municipal Building/Town Hall. The proceeds from the sale of Lot 4 have been verbally committed to the improvements at the Stanley Park Fairgrounds to assist in the construction of a performing arts theatre, if the project can be completely funded. Trustee Blackhurst asked for clarification of the expiration date for the development agreements. Administrator Repola stated the agreements expire 15 years from the date of the agreement (January 1994) if Lot 4 remains Board of Trustees — July 25, 2006 — Page 4 undeveloped. The property would convert to commercial outlying with potential development of just under 75,000 square feet of commercial development. Steve Lane/Basis Architecture presented an overview of the Estes Market Place that envisions mixed use designed around a courtyard concept with a combination of 2-story and single story buildings to make the project Tess intrusive. To achieve an open and interesting layout the footprint of the buildings would exceed the 30,000 maximum square feet allowed in the Master Plan. The development also focuses on the transitional nature of the property providing a transition for retail area on the adjacent lot to the south and residential use on the land to the east. He stated the Master Plan anticipated five 2-story buildings that would have greater visual impact on the neighboring properties. The developer's proposal anticipates 31,501 square feet of commercial on the ground level with 8,130 square feet of office space on the upper level with a total of 39,631 square feet exceeding the 30,000 maximum. Amy Hansen/Often Johnson Robinson Neff & Reagonetti stated an amendment to the Master Plan without the approval of the Stanley Hotel would be a breach of contract. It is the position of the New Stanley Associates LLLP that the development standards would protect the economic base of the hotel, density and view corridors. To adopt an increase of 50% would run counter to these interests. The hotel does not object to the development of the property; however they do object to the proposed uses in the current proposal. She contends the preservation of the hotel is the focal point of the Master Plan. Bob Shelly/Stanley Hotel General Manager stated the Master Plan was developed to protect the area and to develop the remaining lots in a smart manner. The Master Plan vision for the land should be protected. Public comment against the proposed amendments was heard from Lori Rapp/Canyon Creek Condominiums, Richard Brett/Canyon Creek Condominiums, Ed Campbell/Stanley Views Homeowners Association, Al Renner, Ralph Nicholas/Association for Responsible Development, Paul Newendrop/Stanley Hills Association, and Peggy Wilson. Paul Fishman, 14ers Cafe, spoke in favor of the development stating competition is good. Frank Theis explained the request does not come as a surprise. The competing RFP proposal, in which he was a consultant, requested the same variance to the square footage. He reminded those opposing the development that when the Development Agreement expires approximately 75,000 square feet of commercial development could be placed on the lot. There are considerable land use development implications to consider when the agreement expires. Ed Grueff/Estes Winds LLC reiterated the design concept of the development is to create an attractive development while protecting the view from neighboring properties by spreading out the development with single story buildings. He stated competition would benefit both the Stanley Hotel and the Twin Owls Restaurant. He emphasized the increase in the footprint to 45,000 square feet would be required to make the project less intrusive; however the proposal could move forward with 30,000 square feet of commercial. Town Board comments were heard and summarized as follows: if the amendments were accepted, it would create an unfair advantage for the current developer; the developer should adhere to the Master Plan; the proposed development is too large; the RFP clearly stated the development should adhere to the Master Plan guidelines; neighbors are concerned with the increase in footprint while the Stanley Hotel objects to the use; concerns were heard Board ofTrustees — July 25,2MOG—Page 5 regarding the expiration of the development agreement; sustainabi|ity of the Town and the current level of services that one dependent on sales tax revenue of commercial businesses. Dave Lingle/Lingle Architecture, o member of the Town Architectural Review Committee for the proposal, confirmed five 2-story buildings would maximize development under the Master Plan. H*stated the proposed development does not change the density; however spreading out the development and using single story buildings provides the appearance of a less dense development and preserves light and air. Community Development Director Joseph suggested once the development agreement expires a development proposal similar to the current proposal could be presented; however the proposal could be larger in size and impact. The Town'e commercial outlying zoning district allows for2596 of the land area to be covered by floor area with any number of configurations. The open space platted would protect the view corridor and would not change with the expiration ofthe development agreement. The commercial outlying zoning ordinance only contemplates oummmruiu| uses; therefnne, a condominium development could only bedeveloped through the PUDprocess. |twas moved and seconded (Homoier/Nowvoom)todeny the request bVEstes Winds, LLC for amendments to the total commercial square footage (39,000 requested nwnams 38,000 permitted) and building footprint square footage (41,000 requested versus 30,000 permitted) in the Stanley Master Plan and it passed unanimously. Trustee B|uchhuot encouraged the developer to come back with unew plan that would meet the requirements ofthe Master Plan. 3. 2005CO88PREHENSIVE ANNUAL FINANCIAL REPORT (CAFH)' Finance Officer McFarland stated Kyle Logan/Swanhont & Company LLC conducted the Comprehensive Annual Financial Report (CAFR)for 20O5. K4c Logan informed the Board the Town received a doen opinion with no internal control concerns; however, the Town should consider a few adjustments including: 1) If spending trends continue within the General Fund there could be o deficit situation in approximately three years; 2) Pork Entrance Estates debt should be dabenninod, and if paid in full, the Town should notify the County Treasurer to discontinue uuUnoUng eoaeoemanta from the property owners; 3) Recommend the wire transfer and journal entry processes 'include a second person to detect errors and prevent misappropriations; 4) Any cash collected by the Police Department (seizure cash) should be narnhted to the Finance Department. Ameeting would baheld inSeptember with Svwanhond&Company tnaddress the concerns outlined. 4. TOWN ADMINISTRATOR REPORT. Northern Colorado Business Raport— Hondo has agreed to build a $20 million data center inLongmont. One ofthe factors cited is the relatively low power rates. The area involved ioserved byPRPA.which the Town iopart owner. The health and vitality ofthe Front Range inaprime indicator for Town visitation. Whereupon Mayor Baudekadjourned thmmeetin at9:40p.m. hnBmudek Mayor NeWilliamson, Town Clerk