HomeMy WebLinkAboutPACKET Town Board 1999-08-10Prepared 8/4/99 The Mission of the Town of Estes Park is to plan and provide reliable, high- value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 10,1999 7:00 p.no. AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: 1. CONSENT CALENDAR: 1. Town Board Minutes dated July 27, 1999. 2. Bills. 3. Committee Minutes: A. Public Safety, August 5, 1999: 1. Street Closures: Portions of Manford Ave. and Community Dr. for Scottish Festival staging. 4. Planning Commission, July 20, 1999. 5. Amendment to Development Agreement for Wildfire Ridge Addition. 2. ACTION ITEMS: 1. Al Wasson, PresidenVEstes Park Public Library District - Update on November 2nd Ballot Question. 2. Mike Dahl/PRPA - Update on Rawhide Gas Turbine Project. 3. Resolution #20-99 - Supporting the "Help Preserve Open Space Initiative" on the November 2nd Ballot to continue the M cent Sales and Use Tax. 3. TOWN ADMINISTRATOR'S REPORT:
Town o f Estes Park, Larimer County, Colorado, July 27,1999 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 27th day of July, 1999. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek Stephen W. Gillette George J. Hix Lori Jeffrey Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Mayor Dekker called the meeting to order at 7:00 p.m, and he and Municipal Judge Brown presented a Certificate of Appreciation to Maryella Pearson, Municipal Court Clerk who, after 30 years, is retiring. PUBLIC COMMENT: Michelle Rokke, Rocky Mountain Animal Defense of Estes Park (RMAD) commented on RMAD's organized effort to keep roadside zoos out of Estes Park: an attorney has prepared an ordinance that prohibits caged animals, with exemptions such as farming, stables, etc. A petition with 300 signatures was submitted July 27th to put this ordinance on the ballot for November. Signatures were gathered in 3 days, and proponents received overwhelming support. The majority of citizens don't want caged animals, and RMAD found that people outside Town Limits also overwhelming support their efforts. The Town Board is empowered to pass the ordinance, however, they can also refer it to the electorate. Trustee Baudek questioned whether RMAD was also proposing the ordinance for the Denver Zoo and Ocean Journey. Ms. Rokke responded that RMAD has people working across the nation to get animals out of cages. Funding is limited. The local proposal violates the spirit of Estes Park, tourism, etc. Trustee Gillette commented that a citizen who had attended the recent RMAD meeting gave him information that was distributed, and he requested Ms. Rokke respond to RMAD asking citizens to avoid Estes Park until current plans are quashed. Ms. Rokke responded that this request was discussed at the meeting, however, it was tabled for now, although it may come into play at some point. Mayor Dekker questioned if Estes Park was being singled out, or if the ordinance was being introduced to all municipalities across the entire state. Ms. Rokke responded RMAD can only take on certain projects at one time; Larimer County is interested in looking at the ordinance; and there is effort to get this type of ordinance enacted elsewhere. Mayor Dekker also questioned how many people are coming from out of state to accomplish their goal, and RMAD responded that their membership contains in excess of 10 million; they are looking at "caged animals" as a whole. TOWN BOARD COMMENTS: 1. CONSENTCALENDAR: 1. Town Board Minutes dated July 13, 1999. 2. Bills. t.
Board of Trustees- July 27, 1999 - Page 2 3. Committee Minutes: A. Community Development, July 22, 1999. 4. Board of Adjustment, July 13, 1999 (acknowledgment only). 5. Special Event Liquor Permits: A. Longs Peak Scottish Highland Festival, Inc., September 11 and 12, 1999 at Stanley Park Baseball Fields and Rodeo Grounds. B. Estes Valley Sunrise Rotary Club, September 25 and 26, 1999, Bond Park. It was moved and seconded (Hix/Jeffrey) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. Liquor Licensing: A. Hospitality Specialists, Inc., dba MOLLY B. RESTAURANT, Change of Class Application - from Beer and Wine to Tavern, 200-212 Moraine Ave. Mayor Dekker opened the public hearing and reviewed procedure. Randy Anderson and Susan Johnston (owners) were present, and Mr. Anderson clarified his request to enhance their operation by converting from a Beer and Wine License to a Tavern License. Trustee Baudek noted that the as the owners currently hold a liquor license, they are familiar with liquor laws; however, he confirmed that the Police Dept. and Town Board take the issuance of liquor licenses very seriously and they expect owners and employees to adhere to the Liquor Code. As there were no audience comments, Mayor Dekker closed the public hearing. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Hix/Jeffrey) the Tavern Liquor License be approved for Hospitality Specialists, Inc., and it passed unanimously. B. Transfer of Ownership from LaVonna Kenney dba LA TI DA, to Raymond Banks, dba DORIAN'S, Beer & Wine License, 810 Moraine Ave. (Trout Haven). Clerk O'Connor reviewed the application. Trustee Baudek advised the applicant's representative on the serious nature of liquor licensing. It was moved and seconded (Doylen/Gillette) the Transfer of Ownership to Raymond Banks, dba DORIAN'S be approved, and it passed unanimously. C. Stipulation Agreements, and Associated Findings and Order of Suspension. Deputy Police Chief Filsinger reviewed a Memo dated July 23rd. Utilizing the Stipulation Guidelines dated January, 1998, he and Clerk O'Connor negotiated Stipulation Agreements for a first offense: 21-day suspension with 7 days served, 14 days held in abeyance, plus TIPS (Training Intervention Program for Servers of Alcohol) Training. Second offense suspension is 30 days, with 10 days served, 20 days held in abeyance, plus identical TIPS Training. The required TIPS training is an effort to educate licensees, and the Town's penalties are more severe than State.
Board of Trustees - July 27,1999 - Page 3 Staff is recommending the Stipulation Agreements for B&B Food Mart, Beaver Point Quick Stop Grocery, and Notchtop Bakery and Caf@' be approved, as well the Revised Stipulation Guidelines dated July, 1999. Trustee Doylen questioned why a 4th offense has been added, and Deputy Chief Filsinger commented that the suspension schedule corresponds to that of the State. Trustee Baudek theoretically agreed with Trustee Doylen, but cautioned that if the Town strays too far away from State guidelines, litigation could occur. Attorney White noted his concerns with the severity of the Town's existing guidelines relative to the length of suspension and economics of an establishment. Deputy Chief Filsinger confirmed that licensees are dealt with on an individual basis, and that repeat offenders are subject to more stringent penalties. Trustee Jeffrey questioned why the TIPS training was required within 90 days and not sooner. Staff commented that there is a local TIPS trainer, however, training is held on-site, not in a group class atmosphere. as her schedule allows. Attorney White added that should a licensee prefer a formal show cause hearing in lieu of a stipulation agreement, the licensee could file a court action that could delay the suspension period to off-season;· with a stipulation agreement, the suspension period is actually served. Deputy Chief Filsinger noted that the suspension period for the three above- th noted licensees begins August 25 . In response to Trustee Barker's question, Town Attorney White confirmed that the Revised Stipulation Guidelines are an attempt to close the gap between the Town and State Liquor Division penalty guidelines. It was moved and seconded (Doylen/Hix) the Stipulation Agreement for B&B Food Mart (lst Offense), including the Findings and Order of Suspension be approved, and it passed unanimously. It was moved and seconded (Hix/Gillette) the Stipulation Agreement for Beaver Point Quick Stop Grocery (2nd Offense), including the Findings and Order of Suspension be approved, and it passed unanimously. It was moved and seconded (Baudek/Hix) the Stipulation Agreement for Notchtop Bakery & Caf6 (lst Offense), including the Findings and Order of Suspension be approved, and it passed unanimously. It was moved and seconded (Baudek/Hix ) the Revised Stipulation Guidelines dated July, 1999 be approved, and it passed unanimously. Trustee Baudek questioned, and Town Attorney White confirmed, that the Town Board could mandate TIPS training for new licensees. This requirement will be enforced with all subsequent applications for new or transfer of ownership liquor license applications. 2. Estes Park Substation: A. Resolution #19-99 - Light & Power Director Matzke presented the Resolution that amends Resolution #11-98 for the Estes Park Substation Refinancing Project for Tax-Exempt Utility Revenue Bonds, from the maximum principal amount of $3,000,000 to $4,000,000. Town Administrator Widmer confirmed that the Town does not intend to issue $4 Million in bonds, and that with adoption of the Resolution,
Board of Trustees - July 27, 1999 - Page 4 additional amendments could be avoided. Adoption of this Resolution does not authorize issuance of the bonds at this time. Attorney White read the Resolution, and it was moved and seconded (Hix/Gillette) Resolution #19-99 be adopted, and it passed unanimously. Director Matzke also presented the following and requested the Mayor be authorized execute same: B. Special Use Permit #9-LM-60-L-4650 for New Switchyard. It was moved and seconded (Hix/Barker) the Mayor be authorized to execute Special Use Permit #9-LM-60-1.-4650, and it passed unanimously C. Special Use Permit #9-LM-60-L-4660 for Power and Fiber Optic Lines. Director Matzke confirmed that the current overhead lines are temporary until such time as the Hwy. 36 Bridge Project is completed, and the BOR yearly fee has been waived. It was moved and seconded (Hix/Doylen) the Mayor be authorized to execute Special Use Permit #9-LM-60-L-4660 as presented, and it passed unanimously. 3. Larimer County Open Lands Video. Trustee Hix introduced Wendell Amos, who, on behalf of Larimer County, presented the video. Citizens have been gathering signatures to continue the V cent sales tax in Larimer County for open lands. Over 13,000 signatures have been obtained, and the requisite number is 8,600. Mr. Amos did not seek the Town Board's endorsement, but asked that each voter give thought to this ballot question. The distribution formula, at Mr. Amos' urging, was changed from population to sales tax revenues, thus ensuring Estes Park would receive its fair share. Town Administrator Widmer confirmed that the Town was able to purchase the "Willows Property" from its portion of the 14 cent sales tax. 3. TOWN ADMINISTRATOR'S REPORT: 1. Housing Needs Study Questionnaire. Administrator Widmer briefed the Trustees on a housing needs questionnaire that is being sponsored by the Forward Estes Park Foundation, in cooperation with local public and private agencies. The purpose is to update the 1990 Housing Needs Study. Citizens were urged to complete the survey as it provides important information that can be used for many different applications. As an incentive, survey participants are eligible for cash awards and gift certificates. Trustee comments: Jeffrey-praised the Traffic Officers for their commendable effort., and Baudek commended the Parks Dept. on the plantings. Jeffrey announced 'OurFest", a Trustee-hosted family celebration August 17th at the Stanley Park Baseball Field. The 'Elktones" will provide music beginning at 6:30 p.m. and: at dusk, the movie 'ANTZ" will be presented. Additional information will soon be distributed on this community celebration. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 8:11 P.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk
BRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Public Safety Committee August 5, 1999 Committee: Chairman Hix, Trustees Baudek and Gillette Attending: All Also Attending: Assistant Town Administrator Repola, Lt. van Deutekom, Fire Chief Dorman, Deputy Clerk van Deutekom Chairman Hix called the meeting to order at 8:00 a.m. POLICE DEPARTMENT. Customer Service Survey. Lt. van Deutekom presented the customer survey report for the Second Quarter; patrol and communications received ratings between 4.7 - 4.9, with 5 being outstanding. This represents higher customer satisfaction ratings for both patrol and communications. Scottish Festival Street Closures. In order to provide the Scottish Festival with a drop-off zone for vendors and continue to provide a safety zone for participants, the Scottish Festival is requesting the closure of Manford Ave. east of Community Dr., and Community Dr. from Hwy. 36 to Manford Ave. Closures would be in effect from 8:30 am on Friday, September 10th, through 6.00 p.m., Sunday, September 12th. The Committee recommends approval of the street closures, as identified above, for the Scottish Festival. Trustee Baudek requested that the School District be informed of the closure. FIRE DEPARTMENT. Fire Chief Job Description. Assistant Town Administrator Repola reviewed the job description for the Fire Chief position. This %-time Fire Chief position would work under the general guidance and direction of the Chief of Public Safety (Repola). The selection committee anticipates completing interviews and selecting a Fire Chief within the next few weeks. The Committee unanimously endorsed the Fire Chief Job Description as presented. REPORTS. Letters of commendation were received for Officers Leaycraft, Thacker, and the Police Dept. as a whole. The Committee expressed a desire to expand the monthly report to include a summary of complaints received. Assistant Town Administrator Repola will work with staff to redesign the report. The Committee reviewed the Second Quarter NIBRS Report. Assistant Town Administrator Repola reported that a problem exists with the clearance rate report formulas and stated that updated statistics will be compiled and presented with the Third Quarter Report Summary. Fire Chief Dorman reported that the training manual used for the Firefighter I and 11 exams will be updated January 1St. Donations received by the department were used to purchase the updated curriculum that will assist staff in preparing for the exams. There being no further business, Chairman Hix adjourned the meeting at 8:24 a.m. Rebecca van Deutekom, Deputy Town Clerk
.. SRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Estes Park Planning Commission July 20, 1999 Commission: Chair Al Sager, Commissioners Harriet Burgess, Margaret Clark, Alma Hix, Edward Pohl and David Thomas Attending: Chair Sager, Commissioners Burgess, Clark, Hix, Pohl and Thomas Absent: None Also Attending: Director Stamey, Town Attorney White, Senior Planner Joseph, and Recording Secretary Wheatley Absent: Trustee Liaison G. Hix Chair Sager called the meeting to order at 1:30 p.m. 1. MINUTES of the June 15,1999 were approved as presented. Chair Sager welcomed the public and reviewed the rules of conduct. 2. DEVELOPMENT PLANS a. Development Plan 99-07, Lot 44, Block 1, Fall River Estates, Fall River Estates, IncJApplicant. A letter from the applicant's engineer requesting the development plan be tabled was noted. It was moved and seconded (Pohl/Hix) the Development Plan 99- 07, Lot 44, Block 1, Fall River Estates, be tabled without date, and it passed unanimously. b. Amended Development Plan 97-15, Lot 6, Amended Plat Lot 6A, am. Plat Lots 6, 7, & 8, 2nd Amended Plat Pine River Subdivision, Marie Cenac, DVM/Applicant. Dr. Cenac was present to answer any questions regarding her request. Senior Planner Joseph reviewed the staff report. The applicant wishes to adapt the prior approved development plan (97-15) to accommodate the current proposed use as a veterinary clinic with accessory grooming and indoor kennels. The building footprint and the position of the building and parking on the site is essentially unchanged except for the following revisions: 1) The building will be limited to a single story, 2) The parking on the north side of the building will not be constructed since change of use will require less parking, (The parking area on the north side of the building will be reserved if additional parking is required in the future.) 3) The property will be fenced on the north side of the building to prevent pets being exercised on leash from running off the site. Pets walked outside will be walked individually on a leash. Pets will not be left unattended outside the building. This plan proposes construction of a one story 3,100 s.f. commercial building. The entire lot lies within the 100 year Flood Plain. There is a need to meet the flood proofing requirements. The parking area on the norlh side of the building will be reserved if additional parking is required. Public Works requests that a note be added that the owners of Lot 6 shall be responsible for maintenance of the drainage facilities. Also, the owners must
BRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Estes Park Planning Commission - July 20, 1999 Page 2 obtain a drainage easement for the discharge of the culvert across Lot 7. Staff recommends approval with conditions. Dr. Cenac responded to questions from Commissioners. The animal exercise area will be cleaned daily and waste removed. There will be a walk running from the northeast corner door to the exercise area. If a special trap for sanitation is needed, it could be required at the building permit stage. There will be an outside dumpster and this should be secured against bears. Public Comment: Patrick Cipolla encouraged approval of this project as this is a needed service for this community. Senior Planner Joseph reviewed comments from neighboring properties (letter from Joy Liljestam, conversations with Brenda Morrison, Ed Grueff and Scott Boyatt) all of which have been supportive. Commissioner Pohl requested that the revisions being made should be noted on the Plan and be initialed. Senior Planner Joseph noted that the current owners are co-applicants of this request and, therefore, the current development plan is applicable. It was moved and seconded (Thomas/Burgess) the Amended Development Plan 97-15, Lot 6, Amended Plat Lot 6A, am. Plat Lots 6,7, & 8,2nd Amended Plat Pine River Subdivision, be approved with the following conditions, and it passed unanimously. 1. That a note be added stating the owners of Lot 6 shall be responsible for maintenance of the drainage facilities. Also, that the owners obtain a drainage easement for the discharge of the culvert across Lot 7. 2. There are wetlands on this site and the developer shall be required to obtain the necessary permits from the Corps of Engineers prior to issuance of a building permit. 3. The finished floor elevation be raised two feet above the 100 Year Flood elevation. 4. Pets walked outside by staff shall be walked individually on a leash within the enclosure provided on the north side of the lot. Pets shall not be left unattended outside the building. 5. Any future addition of accessory outside uses to the site, such as outdoor runs or kennels, shall require Planning Commission approval of a Development Plan amendment. 6. The area on the north side of the building shall be reserved as a future parking area to be built if the parking demand exceeds the available parking on the south side of the building. 7. The dumpster be placed in a bear proof enclosure. 8. A six foot fence will be required on the north end of the property.
BRAOFOROPUILISHING Co. RECORD OF PROCEEDINGS Estes Park Planning Commission - July 20, 1999 Page 3 3. SUBDIVISIONS a. Preliminary Plat, Pawnee Meadows Subdivision, Scott Miller/Applicant. Mr. Paul Kochevar of Estes Park Surveyors was present representing the applicants. It is not the applicant's intent to further subdivide Lot 5 at this time. It may occur, however, some time in the future. This plat does contain a preliminary plat for the entire contiguous ownership. His intention is not to provide a street right-of-way to connect with Cherokee Meadows. There are two outlots that are indicated to preserve the option to subdivide Lot 5. If staff recommends continuing this proposal, Mr. Kochevar volunteered to postpone his presentation. Senior Planner Joseph inquired about the statement in the Statement of Intent that the outlots*were being preserved to allow for future subdivision of Lot 5 to lots less than 60,000 square feet. Mr. Kochevar confirmed this was an option for Planning Commission to consider but not part of this proposal. Town Attorney White pointed out the difficulty for Planning Commission to review this proposal with outlots inferring further subdivision without showing that subdivision. The two issues before Planning Commission to consider is whether or not the plat as proposed would be acceptable as it doesn't dedicate a through street and there is a potential for future division of Lot 5 using outlot credit. It was determined Mr. Kochevar should proceed with his presentation. Mr. Kochevar stated this proposal is to divide 15 acres into 5 lots and all meet minimum lot size requirements. In addition to that there is an open space easement and 2 outlots to protect a wetlands area. This plat terminates in a cul-de-sac and meets all of the town requirements in its construction standards. Applicant made cost estimates on the earlier proposed and approved plat and found it not cost effective. Site is long and narrow and is less developable than surrounding developments. The applicant does not have a problem with providing the right-of-way through to the connecting street, but the actual construction of the road would be too costly for him. There is a separate issue with using the outlots to help reduce the lot size requirements in a possible second filing. The annexation agreement for Arapaho Meadows was between the Town of Estes Park and Sam Luce and applicant was not party to that agreement. Senior Planner Joseph reviewed the Staff Report. This is a proposal to subdivide 15 acres into five (5) single family residential lots and two (2) open-space outlots. A new 50 ft. wide, 950 ft. long, cul de sac would extend from Highway 7. The site contains a large area of wetlands that are proposed to be included within a conservation easement held by the homeowners association. The last sentence of the last paragraph of the statement of intent reads as follows: "Outlots are also indicated to preserve potential for future division of Lot 5 into lots smaller than 60,000 square feet." Staff feels that the future subdivision of Lot 5 should be shown on the preliminary plat. Section 16.12.050 (a) states "A preliminary plat shall include the entire contiguous area under the same ownership,..." The applicant should provide Preliminary Plat information showing the future subdivision of Lot 5 at this time, as referred to in the Statement of Intent. This should be required now in order to clearly establish the
BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Estes Park Planning Commission - July 20, 1999 Page 4 desired link between the proposed Outlots and the reduction in minimum lot area to be allocated solely towards the future subdivision of Lot 5. Regarding Street Connections, Section 16.12.00 (t) Future street dedication reads as follows: "The Town shall determine, whenever a street is necessary for future additions or subdivisions, but which street is not presently warranted for construction, that the necessary dedication for such future street be provided on the map or plat." The Annexation Agreement prepared in 1985 identifies the need for "A sixty-foot wide right of way from the east line of Tract 5, easterly across Tracts 2,3 and/or 4, to Colorado Highway No. 7." The Planning Commission and the Town Board have consistently pursued this street connection in reviewing and approving subdivision plats in this area since this objective was established in 1985. Staff recommendation for a continuance was to allow applicant additional time to provide the following information: 1. The Statement of Intent mentions the "future division of Lot 5", therefore the applicant should provide Preliminary Plat information showing the future subdivision of Lot 5 at this time, as referred to in the Statement of Intent, and the corresponding Development Phasing information and schedule should also be provided, (as required in section 16.12.050 (a) and section 16.12.050, (e), 9). 2. A density calculation should be submitted that clearly establishes the applicant's expectations and intent with regard to the propsed outlots as they relate to section 17.20.020 5a flexible development. This should relate directly to the preliminary plat information provided for the future division of Lot 5 noted in item #1 above. The Planning Commission should reaffirm the prior finding that a through street connection is needed and required. Assuming this is the case, the following condition should be applied to any future approval of a Preliminary Plat: "Dedication of street right of way through the subdivision connecting with Cherokee Meadows shall be required with the first filing of a Final Plat." A revised Preliminary Plat should be submitted which provides for this future street connection. Town Attorney White confirmed that the Arapaho Meadows Annexation Agreement was only signed by Dr. Luce. The width of the roadway would be based on whether it was determined to be a collector street or a local street. If there are more than 300 vehicle trips per day, it is considered a collector street rather than local. Public Works Director Unnane advised the traffic count on Cherokee Drive two weeks ago was counted and was less than 300 vehicles per day. Future designation may change due to increased traffic as the area is developed.
. BRADFOROPUBLISHING Co. RECORD OF PROCEEDINGS Estes Park Planning Commission - July 20, 1999 Page 5 Public Comments: Howard Heck, 275 Solomon Drive, Prospect Estates, noted that a great deal of land has not yet been developed. There are about 95 lots south of Prospect Estates. Prospect Estates is one of only two outlots for this area and the other outlet is not used to any great extent. There are children playing in the streets in Prospect Estates. Traffic would be funneled into the Prospect Estates area He asks that Planning Commission continue to work to find a way to provide a road connection to Highway 7. Ross Stephen's comment in the statement of intent that a more heavily traveled road reduces the desirability of the lots applies to Prospect Estates as well. Sam Hewson, 1694 Prospect Estates, noted there are 95 lots in Prospect Estates with only one outlet. Three main concerns - a stop or yield sign needed in this area, one narrow street, and the increased traffic as the 200 lots in the area are developed. There were 60 homeowners from the area at a meeting in June in support of a new street connection to Highway 7. Ann Leonard 2039 S. St. Vrain, 34 of her property is around this property. Asked for clarification on the statement "A right of way extension to the west would be considered by the Millers." Mr. Kochevar advised it would be any direction west of the cul de sac, but not intended to cross Ms. Leonard's property. Commissioner Thomas asked if the statement "A right of way extension to the west would be considered by the Millers" would not satisfy Town requirements. Senior Planner Joseph reviewed a similar situation for Cherokee Meadows which dedicated the right of way for Pawnee Drive but did not require street construction since they had not platted the lots in Phase 2. The difference in this case may be that the applicant might decide not to divide Lot 5. Town Attorney White noted the precedent that developers are required to construct a road when lots are developed. Mr. Kochevar stated that the Millers are not opposed to a ROW going through the properly if it has a value to them that justified the expense. If the Planning Commission forces them to build that road, there won't be a final plat because economically they can't afford to do that. The lot value isn't there. Director Stamey referred to the previously approved preliminary plat with the street ROW and suggested a first filing where part of the road would be built and the remainder of the road built under a 2nd filing. Mr. Kochevar commented that there was not a great deal of savings in phasing. The cost of development increases with lot value so that it would take a long time to make it economical to proceed with a phase two. Director Stamey commented that this site, being long and slender, is not as efficient to develop as one that is more rectangular. Mr.Kocehvar advised that the applicant was aware of that when he purchased the property and has been laboring ever since to make it work knowing that the Town wanted a right-of-way through the property. If there were one more lot (10 lots total), it would be economically feasible. Town Attorney White commented that would be possible through flexible development. Mr. Kochevar advised it
, BRADFORD MALISHING CO. RECORD OF PROCEEDINGS Estes Park Planning Commission - July 20, 1999 Page 6 was not possible to get 10 lots out of the property through flexible development. Director Stamey suggested a density bonus based on open space or wildlife preservation. Mr. Kochevar advised they had considered that; however, the Town and this Board has not accepted any of the criteria in flexible development in the recent past, so a density bonus request for the additional lot has not been pursued. Chair Sager expressed regret that a stalemate had been reached. Mr. Kochevar commented on the contrary, the Planning Commission can't negotiate the street right-of-way. Rollie Hinze, 500 Pinewood Lane, feels that the public opinion does not want higher density. Chair Sager noted the correspondence from Mr. Ed McKinney. It was moved and seconded (Hix/Burgess) the Preliminary Plat for Pawnee Meadows Subdivision be denied with the staff report included by reference, and it passed unanimously. Motion (Hix/ Burgess) 4. REPORTS - There were none. 5. ADJOURNMENT There being no further business, Chair Sager adjourned the meeting at 3:09 p.m. LlY\"A twil _. /1+A-pa _1:£4r Meribeth Wheatley, Recording S*cretary
. I AMENDMENT TO DEVELOPMENT AGREEMENT FOR WILDFIRE RIDGE ADDITION TO THE TOWN OF ESTES PARK THIS AMENDMENT to the Development Agreement is effective this day of , 1999, by and between THE TOWN OF ESTES PARK, COLORADO ("the Town"), and WILDFIRE DEVELOPMENT, LLC, a Colorado limited liability company ('the Owner'D· RECITALS A. The Owner is successor to Pinnacle Homes and Design, L.L.C., which was the original party to the Development Agreement for Wildfire Ridge, Addition to the Town of Estes Park dated December 30, 1998 ("the Development Agreement"). B. The Owner and the Town wish to amend the terms and conditions of the Development Agreement in order to remove the commercial use on the Property, increase the number of dwelling units on the Property, and provide for a mixed-use residential development on the Property combining both market value units and affordable units under the terms and conditions of this Amendment to the Development Agreement. FOR AND IN CONSIDERATION OF the mutual promises and covenants herein contained and other good and valuable consideration, the Town and Owner agree as follows: 1. The Development Plan shall be replaced with Special Review 99-02 ("the Plan"), including all conditions of approval by the Town Board of Special Review 99-02, not specifically set forth in this Amendment. 2. The Owner shall be entitled to build sixty-one (61) dwelling units as specified in the Plan. Thirty-one (31) of the sixty-one (61) units shall be affordable units as provided below. Thirty (30) of the units shall be market rate units and shall not be subject to the affordable limitations. 3. All units shall be constructed substantially similar to the conceptual drawings submitted as part of the Plan. At a minimum, the size of the units shall be as follows: a. 1 bedroom unit shall be 625 sq. feet. b. 2 bedroom unit shall be 864 sq. feet. c. 3 bedroom unit shall be 1,100 sq. feet. 4. The affordable units shall be only sold, transferred or conveyed from the Owner to a natural person or persons who have an annual income that is equal to or less than 80% of the median annual income in Larimer County, Colorado as of the date that the unit would be conveyed to such person or persons. Further, the amount of that person or persons gross monthly income spent for housing costs for the affordable units shall not exceed thirty-three
. (33°/0) of said person or persons gross monthly income. The 33°/0 figure may be increased to a maximum of 38% by the agency managing the affordable housing portion of the Development. 5. Said affordability restrictions shall be in the form of a deed restriction in the conveyance of the Property from the Owner to said person or persons, as set forth on the Special Warranty Deed attached hereto as Exhibit A and incorporated herein by this refurence. 6. The Owner may sell, transfer, or convey the affordable units or any portion thereof to a non-profit corporation or housing authority, which entity is in the business of managing affordable housing ("the Managing Agency") projects. The sale, transfer, or conveyance from said entity to any third party shall be subject to the restrictions of paragraphs 4 and 5 above. 7. The affordability period shall be a period of thirty (30) years from the date of first conveyance of the affordable unit from Owner to the first purchaser. 8. The affordable unit shall be further restricted in that none of the affordable units may be rented by any Owner thereo f for any period of less than thirty (30) days. 9. Prior to the issuing of any building permit for any affordable unit on the Property, the Owner shall enter into an agreement with an appropriate Managing Agency to administer the affordability program during the affordabilit:y period. The Town shall be a third party beneficiary of the agreement between the Owner and the Managing Agency. The Town shall approve the form of the written agreement between the Owner and the Managing Agency and the Managing Agency itself prior to the execution of the Management Agreement. 10. The Owner may phase the project in any manner so long as the ratio of affordable units and market rate units being constructed does not result in more market rate units being constructed, occupied, or sold is greater than the affordable units. 11. The 16 units oil the Northwest portion of the Property designated as the Crest on the Plan shall not be constructed prior to the removal of the commercial boarding facility on the Southeast corner of the Property. 12. All other terms and conditions of the Development Agreement shall remain in full force and effect unless specifically amended or modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. THE TOWN OF ESTES PARK By: Title:
ATTEST: (seal) By: Title: Subscribed, sworn to and acknowledged before me this day of ,-I WITNESS my hand and official seal. My Commission Expires: Notary Public WILDFIRE DEVELOPMENT, LLC a Coloryi~jinitq~Z:~ility comp~~07 By: 'D~ 9»JA// Manager Subscribed, sworn to and acknowledged before me this *lk- 4day of 4~*A-- , 13~9 ~11%111,111,1/,/4,4 WITNESS my hand and official seal. . ··Rpl 04<:f"010.4- J 44> MY COMMISSIONp(RRES10/142002 foi NOTAR Fl.,2% y e. 46 0 ..¢ C.%. My Cominission Expires: _ . ' E - le. PUB i & 3 - 4, · f Notary Pubhc 4/4 5, ~;F.~:{~~1«~~
.. Agenda Peaking Resource Project • Background - • Loads and Resources • Options Analyzed Platte River Power Authority • Project Timeline August 1999 • Questions/Comments 767- . Key Points 51.11"Ill ~adkeround /////// · Load growth is projected to exceed ~ Points:p *'~ Platte River's available resources ~Blackeuts • Regional load growth is projected to exceed the region's available resources fi Forecas(1~quirements ~ 91/ -«T • Regional transmission constraints limit sis».It import capacity : Market • Market price volatility is increasing 1998 Blackouth Rolling blackouts--TRJEEL 1.193.. 2.'4'll- N.'- '110'~na M. on tap this week ~ m.ir-··1-=tr ?~ 1, 124 -5 Pik keice- to-, Wh -listati 5%31~ 2333 02~ - - 52:==: Eaa,+EFEd 26;6-fit/4 63~ Fet:-t==: =.tuts.= Iaas =c--- ES.2 2-1/.5£11/Lig/.1-46 Efit:qm PSC faces public re~tion *liblian n *ARM **:,/.; Ee -nt=·=·: XE-ATE#31,; 9'flipilip-i Stjils#51 2*:526,3 5 3.EES~· Eafr.:. 25-.2--2 E€EGR 1
. Forecast of Colorado's Required Capacity Additions New 1 ¥ -1 4 Additions Cumulative Year T pe (MW) Additions 2000 CC/CT 500 500 2003 CC 500 1.250 2004 CC 250 1,500 -11- 1 f 2005 CT 250 1,750 59- e blone' W••1,%1,•i Aew,i,rce~kid~ 10~Colo~adu 5~1.•clricil, Advi·.0,~ P,# Pal(, 1 9/-de - 011 Peak Rates (next day firm) ~M -1 11.1.11 , i,; ... / SM'h 120 ~~i 0~·,jmt#r~.~25.~£t. £1 100 r | 80 2 d » r '4 P V 20~6'b~-:M /, Gr·i 91 ' ~4, ·'i· il~·lili& :1 '1 --1550 1999 Summer Season Peak Demand Winter Season Peak Demand 131 MW increase S92 - 698 ¥ An increase of 47°c 4 1 1 "0 620 · L 600 // /1/· 2 / 2 51 4 2 460 m la E-4 - m 440 .14- - 420 400 i -' 380 It' , 360- / /4. 320 27.,1, _.0-•db W, / d., 892 §93 894 896 890 $97 8- 999 SOO §01 902 803 804 SOS ¥01-02 We.. Va~94 W-DS W.-We.- W.- W-- W.. W..1 /01·02 /0~03 /0~04 ..I .0601 -I Low•r ConNd,nce -I upp- CO~-- L-(1-/Ce-) + L-no, Limit . UP'.f CO-,- Lima ,-I. (B-•C-/} 2 2 1 ! 4 11*g***§92**15*fil
A vailable Resources - Capacity Mne ('ag, - S'un;,m,r /'caA :Wonth jourant 406#"/Ill'll= ;1')ilitia"*Ill- 1999 2000 2001 2002 2003 2004 2005 Res ources Rawhide 270 270 270 270 270 270 270 31 MW Cia,g 154 154 154 154 154 154 154 • Rawhide SLIP 80 80 80 80 80 80 72 270 IWIW ...~ LAP 31 31 31 31 31 31 30 • WAPA-SLIP 535 535 535 535 535 F35 526 ass,i./4 -0 MW ~ Loads City Loads 41@ 432 449 IG1 4.- 50S 521 • Craig Re,erves 19 20 22 24 26 31 32 Public Service 116 t02 ** 74 60 154 MW Losses 7 7 7 7 7 7 7 560 'Gl 59 _573 _579 -_593 _569 Deficit 2221 1 2111 -121 2221 --EL -1121 Base Case J~ i,~~i-- ~|t Options Anal,zed•B**i- Base Case - ~~ Spot Market Purcha*ses 31~ Excess/Delicit Capacity (MWs) Cumul itive COLIN Ul 1 Long-Term Purchase ti#~ Deli~,1 Debut .:. 222 2.2 RE 8121 Max 2.gn l.gl &83 lEe 2,2 N.zz .21£ Capa,·,ly Mon„,• li~1231@~ - --- ~ Part<nering Options wl 19/ 19 . 11 37· -13 -26 10. Ji -4- 2000 13 19 17 , 9 -21 -14 -11 2001 le ·6 t. -18 1 Peaking Ownership P'l~ 2002 4 -19 -38 ·25 -1/ 200'i . * Ten Year Present Value AnalySV~ 2004~ '~ r - 4~ 1 , 1, 2005 · ·· 4, · -12 -I' 20 -11 'll'Il Options A,/aly:cd Spot Market Purchasex 4198"...I"- • Spot market purchases • Firm transmission availability is limited during peak hours • Long-term market purchase • Spot market price volatility increases • Partnering options Platte River's financial risk • Peaking ownership - , Temporary fix to long-term problem • Eliminated due to reliability and price concerns 3
Long-Term Purchase Partnering Options ,-=- • Six entities contacted: • Explored joint public project at Rawhide PSCo - Colorado Springs - Eliminated due to differences in stated timing and - Tri-State G&T - KN Energy need - West Plains - Tonaska · Analyzed third-party financed project with sell- • PSCo and West Plains do not have resources back arrangement available for long-term sales during peak hours - Eliminated due to economics • Colorado Springs offer was economically unattractive · Inquired into the possibility of purchasing capacity at Fort St. Vrain · Tri-State and KN declined to bid - PSCo not interested in selling generation at this · Held Discussions with Tenaska time Peaking Ownership Ten Year Present Value Analysix 1-- ill;i~ • Eliminates transmission issues associated 10 Year Present Build Peaking Partnering Lot,g-Term with purchase options Value Analysis Unit Options Purchase • Provides long-term solution to meeting load Capacity Cost S 26.530.000 S 41.177.920 S 31.155.091 Energy Cost 2.191.231 1.888.046 2.946.372 growth · Reduces market risk when forced outages Total Cost S 28,721.231 S 43.065.966 S 34.101.463 occur at Rawhide and Craig Margin on New Sales S 15.308.646 S 15.308.646 S -- • Leverages existing resources and sales opportunities Net Cost S 13.412.585 S 27.757.320 S 34.101.463 • Least cost option Project Timeline b ' 92 .2 1 1 1 111'. 1999 I...... "1.-, 10.¥ 1 - APRI~ m JUNE JULY AUG ·/EPT 1 1 P '11 / 'r 1 rl qi" I,1.=1= 11 •·,r • i.i , "11111111 4 1 .... 1. V .... 0... .O.. ... F. A. 0"114 01.....10. -* Tufw- W...C. JIFID "~ ' ~ " l'ii, ./. it.' IJ~,~~~,Mit#~llip,l.9,121 11111*411!!~' ,_.i'' "L* U'* Ti:N 1 ",1,I 2000 2001 2002 \~ APRIL JUNE OCT * .NE ..t 1....Co .1, p.-1, •]i~,iliI'm hly; : '. 1 i,.Wd., "'*3111. b m""b'" d'jll , 1 -4 1.... PIll. ..1 .....11- ¥11.-A„h„ Start+up C-,e-,lon C..1,-11„ ~*7*&824%
. Questions/Comments 5
RESOLUTION NO. 20-99 WHEREAS, the "Help Preserve Open Spaces" 1999 Continuation Initiative" is a citizens effort to preserve open space, natural areas, wildlife habitat, parks and trails by continuing the existing 14 cent county-wide open space sales tax to 2018; and WHEREAS, Larimer County is one of the fastest growing counties in the U.S. and open spaces are rapidly disappearing to development; and WHEREAS, the loss of open space is a primary concern of the citizens of Larimer County; and WHEREAS, if passed by the voters of Larimer County, "Help Preserve Open Spaces" will continue to provide money to the cities and towns and Larimer County to: • Preserve the most important natural areas, open space, wildlife habitat and agricultural lands throughout Larimer County. • Protect buffers between cities to maintain community identity. • Develop more recreational trails similar to the Poudre River Trail and the Lake Estes Trail. • Improve outdoor recreation opportunities at Horsetooth Mountain Park, Horsetooth Reservoir, Carter Lake, along the Poudre River, and more. • Reserve at least 15% of the County's revenue for long-term management of open lands. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the Board of Trustees hereby supports the "Help Preserve Open Spaces 1999 Continuation Initiative" that will be placed on the November 2, 1999 Ballot, and urges its citizens to vote for the Initiative also. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,1999. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk