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HomeMy WebLinkAboutMINUTES Town Board 1986-02-25goontzi ars Vark, Lorimer County, Colorado, February 25, ,1986 At*OM Minutes of a regular meeting of the Board of Trustees of the Town of Estes Park, Lorimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the ..25th hour. day of February , A. D. 19 86 at regular meeting Meeting called to order by Moyor H. Bernerd Dannels Present: Mayor H • B. Dannels Trustees: Town Administrator Also Present: Dale G. Hill, Town Attorney Gregory A. White Absent: None Norbert L. Aldrich, Mark T. Brown, Byron L. Graves, George J. Hix, Paula L. Laing, Richard A. Wood Minutes of the regular meeting held February 11, 1986 were submitted and approved. Trustee Graves moved the bills, as presented, be allowed and paid and that the Clerk be authorized to draw warrants for same. (A certified copy of the bills presented and allowed are on file in the Office of the Town Clerk under this date, and made a part of the record of these proceedings by reference thereto). Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Brown, Graves, Hix, Laing and Wood. Those voting "No" none. Minutes of the Water Committee meeting held February 13, 1986 were read. Trustee Hix, Chairman of the Committee, moved the minutes be approved. Trustee Aldrich seconded the motion and it passed unanimously. Minutes of the Public Works Committee meeting held February 24, 1986 were read. Trustee Wood, Chairman of the Committee, moved the minutes be approved. Trustee Brown seconded the motion and it passed unanimously. Minutes of the Stanley Park Committee meeting held February 24, 1986 were also read. Trustee Wood, Chairman of the Committee, moved the minutes be approved subject to the following amendment relating to rental of the grounds to the Scottish Highland Festival: "...recommends assessing a $200/day rental fee for the event..." in lieu of "...recommends assessing a $200 rental fee for the event...". Trustee Wood also expressed concern regarding the large expenditure in constructing RV campsites vs. revenue. Trustee Hix stated the expenditure is needed to update and improve the grounds which should increase Sales Tax Revenues. Trustee Hix seconded the motion and it passed unanimously. Minutes of the Board of Adjustment meeting held February 13, 1986 were read. Minutes of the Planning Commission meeting held February 18, 1986 were submitted. Mayor Dannels declared a public hearing to consider Arapaho Meadows P.U.D., Phase I - Concept Plan. Those speaking in "favor" of the Concept Plan: Dr. Sam Luce, property owner. Dr. Luce stated the proposed P.U.D. is located West and North of Highway 7, East of Marys Lake. Size of the site is 47.43 acres; 33 single-family residential lots will be created. Upon certain recommendations set by the Planning Commission, Dr. Luce present- ed a revised plat indicating: (1) the access road had been relocated to the South to accommodate the Highway 7 deceleration lane; (2) the south boundary line of Lots 2, 3, 4 and 5, Bloct 5 Board of Trustees - February 25, 1986 - Page two was adjusted; (3) the note regarding no building permits shall be issued until a connection is made to the Town's water service was added to the plat; (4) building envelopes, including setbacks had been noted on the plat; (5) the 30' buffer area along the east side of Lot 5, Block B will be planted with trees at intervals of approximately 30'. Dr. Luce stated the revisions met most of the Planning Commission's recommendations; the covenant changes will occur when submittal of the final plat occurs. Those speaking in "opposition", none. Mr. Seymour Graham requested clarification concerning the utility improvements, such as installing improvements to the property (not the individual lots), time -frame for the installation, and responsibility of notifying potential buyers of purchasing lots without any improvements. Public Works Director Widmer reported that if the improvements have not been completed, posting of an "Improvement Guarantee" is required prior to the issuance of a building permit. Attorney White stated the developer is not required to install all improvements prior to selling the lots in a subdivision. By placing a note on the plat, the potential buyer should be notified of the lack of improvements. Mr. Graham requested additional consideration be given to an ordinance requiring a developer to install improvements prior to recording of the plat. There being no further testimony, Mayor Dannels declared said hearing closed. Trustee Brown requested clarification on the revised plat inquiring if the southerly lot lines of Lots 3 and 4, Block B had been modified, reducing their extension into the meadow area. Dr. Luce stated the line had been adjusted to maintain the one -acre lot size. Planner Stamey advised E-2 zoning does not require one -acre lot size and requested that any changes made to the Concept Plan be subject to staff and State Highway approval. Town Administrator Hill read in full the twelve conditions set by the Planning Commission in their rec- ommendation for approval. A letter dated February 24, 1986 submitted by Albert Velthoen was submitted and made a part of the record of these proceedings by reference thereto). Planner Stamey also advised consideration of concept plans allow room for adjustments, development plans are more specific. Consensus of the Board was that revising the southerly lots lines of Lots 3 and 4, Block B, did not meet the intent of the Planning Commis- sion with respect to Condition #5. Trustee Brown moved Arapaho Meadows P.U.D., Phase 1 - Concept Plan be approved subject to all twelve conditions set by Planning Commission being accomplished with final plat submittal, including a review of all changes made to the plat this date by staff and the State Highway Department. Trustee Wood seconded the motion and it passed unanimously. Town Attorney White presented, and read in full, two Resolutions regarding the sale of approximately six acres of Town -owned land near the Fish Hatchery. Resolution "A" addressed selling the property to Francis G. Winters, listing an installment plan of six payments totaling $105,000 or $70,000 cash effective this date. Resolution "B" addressed selling the property to Estes Valley Memorial Gardens, Inc., listing the six parcels for a selling price $100,000. If sold to Estes Valley Memorial Gardens, the site would be used for a cemetery. Adoption of either Resolution would place the question of the sale on the ballot for the April 1, 1986 election. Discussion followed concerning full and fair value, appropriateness of the Board of Trustees to consider the use and benefit of the property in question, the possibility of eliminating the potential legal exposure in selling the property, and the substantial gain by placing both offers on the ballot. Trustee Brown introduced the following Resolution and moved it be approved: RESOLUTION 5-86 WHEREAS, the Town of Estes Park acquired certain real property from the Public Service Company of Colorado; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that a 6-acre portion of said property should be sold; and Board of Trustees - February 25, 1986 - Page three WHEREAS, the Board of Trustees has determined that the offer in the form of a real estate contract attached hereto as Exhibit "A" and incorporated herein by reference, is acceptable to the Board of Trustees; and WHEREAS, the Board of Trustees further finds that the sale of the 6 acres under the terms and conditions of said real estate contract represents a sale of the property for full and fair value; and WHEREAS, the Board of Trustees has determined that the Estes Park Memorial Gardens, Inc., a non-profit cemetery corporation, is an appropriate party to sell said real property to under the terms and conditions of said real estate contract; and WHEREAS, the Board of Trustees hereby determines that it is in the best interests of the Town that said property be sold to the Estes Park Memorial Gardens, Inc., under the terms and conditions of the real estate contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. The Board of Trustees hereby approves the execution of the real estate contract attached hereto as Exhibit "A" and authorizes the Mayor and Clerk to execute the same. 2. Pursuant to the provisions of Section 31-15-713(1)(a), C.R.S. 1973, the Board of Trustees hereby directs that the question of the sale of the property under the terms and conditions of the real estate contract shall be submitted to the registered electors of the Town of Estes Pak at the next regular election on April 1, 1986. 3. The Board of Trustees hereby authorizes and directs the Town Clerk to prepare the notice and ballot for presentation of the question to the registered electors on April 1, 1986. Trustee Aldrich seconded the motion and it passed unanimously. Mayor Dannels declared a public hearing to consider a new Beer and Wine Liquor License application which was submitted by McNamara's Eatery, Inc., 351 South Saint Vrain Avenue. Mr. John Phipps, representing the owner approached the podium. Those speaking in "favor" of the liquor license: Mr. Donald McNamara. Mr. McNamara stated he and his wife were sole owners of McNamara's Eatery, and they had been in business for three years. Serving beer and wine would compliment their menu and could expand their clientele. A 3.2% Retail Beer License was not requested due to the fact that the owners have no intention of contributing to the delinquency of minors. The entrance situated on the east end of the restaurant will be eliminated to control any beer or wine served on the deck. Serving age for a Beer and Wine License is 21 years of age or older. Also in favor of the liquor application, and present in the audience, were thirteen area residents. A petition containing 136 signatures in favor of the liquor application was submitted as "Exhibit A." Enlisted as a character reference, Ms. Karen Barleen addressed the Trustees assuring the Board that Mr. and Mrs. McNamara would not abuse their liquor license. Mr. David Batot confirmed the fact that the desires of the neighborhood are for the granting of this application. Those speaking in "opposition" to the liquor application: Mr. John C. Montgomery. Mr. Montgomery, President/Christian Alternatives for Youth, Inc. (CAY) read a portion of a letter dated February 19, 1986 stating CAY's Administrative Office is located in the same building occupied by McNamara's and, in their opinion, the sale of beer and wine at this location would cause a change in environment to the detriment of other occupants of the building, and an additional outlet for the sale of alcoholic beverages in an area close to schools an churches is totally unnecessary and inappropriate. The letter dated February 19, 1986 submitted by Christian Board of Trustees - February 25, 1986 - Page four Alternatives for Youth, Inc. was made a part of the record of these proceedings by reference thereto. Mayor Dannels declared said public hearing closed. 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. Based upon the above findings, Trustee Aldrich that the Beer and Wine Liquor Application submitted by McNamara's Eatery, Inc. be granted. Trustee Brown seconded the motion and it passed unanimously. Trustee Wood moved the Retail Liquor Store License renewal submitted by Spur 66 Liquor Store and the 3.2% Retail Beer License Renewal, on premise, submitted by the Estes Valley Recreation and Park District, including a "Change of Trade Name" be approved. Trustee Hix seconded the motion and it passed unanimously. Mr. Louis O'Riordan requested he be allowed to address the Board of Trustees to discuss the Sales Tax Proposal. Due to the absence of Mr. O'Riordan, this matter was not discussed. Town Administrator Hill read in full a letter dated February 4, 1986 submitted by the Estes Park Sanitation District. The letter formally cancelled the contract between the District and the Town relating to the dissolution of the District. Following completion of all agenda items, Mayor Dannels requested comments from the audience. Hearing none, Trustee Wood requested the Board consider revising the compensation schedule affecting the Mayor and Board of Trustees. The aforementioned compensation schedule was last revised in 1980. Currently, the Mayor receives $115.00/month; the Trustees receive $75.00/month. Trustee Wood moved staff be directed to prepare an Ordinance revising the compensation schedule which would take effect April 1, 1986. Any revision would not affect officers whose terms expire in 1988; however, the compensation schedule would affect officers elected in the April 1, 1986 election. Trustee Graves seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Brown, Graves and Wood. Those voting "No" Trustee Hix. Those "Abstaining" Trustee Laing. There being no further business, the meeting- adjou _rre Town Clerk ayo ..... }),1„,