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HomeMy WebLinkAboutMINUTES Town Board 1987-10-13evitett Estes Vark, Lorimer County, Colorado, October 13 , 19 87 Minutes of a X.gg.1.11AT 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 .13.th. hour. Meeting called to order by Mayor day of October , A. D. 19 87 at regular meeting H. Bernerd Dannels Present: Mayor H. B. Dannels Also Present: MieWi Trustees: Dale G. Hill, Town Administrator Gregory A. White, Town Attorney Absent: None Norbert L. Aldrich, David Barker, Mark T. Brown, Milan A. Dickinson, David Habecker, George J. Hix Minutes of the meeting held September 29, 1987, were submitted and approved. Trustee Brown 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 Finance Office under this date, and made a part of the record of these proceedings by reference thereto). Trustee Hix seconded the motion and it passed unanimously. Minutes of the Water Committee meeting held October 8, 1987, were read. Trustee Dickinson moved the minutes be approved. Trustee Barker seconded the motion and it passed unanimously. Trustee Dickinson introduced, and Town Attorney White read in full, the following ordinance and moved it be passed and adopted: AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO WATER RATES AND CHARGES Trustee Habecker stated his concerns with approving such an ordinance relative to rural development and application of the "fixture value units." Public Works Director Widmer clarified policy procedure and advised staff would be submitting a proposed revision to the entire Water Ordinance to the Water Committee in the near future. Trustee Habecker stated he would defer addi- tional comments pending review of the ordinance during the Water Committee. Trustee Aldrich seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Dickinson, Habecker, and Hix. Those voting "No" none. Whereupon Mayor Dannels declared said ordinance duly passed and adopted and ordered it numbered 29-87 and published according to law. Minutes of the Light and Power Committee meeting held October 12, 1987 were read. Trustee Hix moved the minutes be approved. Trustee Brown seconded the motion stating that with regard to the potential sale of Cable Systems, Inc. to Fanch Acquisition Group, the purchaser has agreed to the existing Agreement whereby rates would remain "frozen" through June 30, 1988; the motion passed unanimously. The Board of Trustees, acting as the Board of Appeals, considered an appeal to Section 705 of the Uniform Building Code submitted by Coldwell Banker. The site in question is located at 320 East Elkhorn Avenue. Trustees Habecker and Hix cited a potential "conflict of interest" and stated they would not participate in discussion nor vote. A building permit for the remodeling of an Board of Trustees - October 13, 1987 - Page two existing service station into an office was issued; however, the number of restroom facilities is in question. Wayne Newsom/Co-owner, addressed the Board and submitted copies of pertinent sections of the Uniform Building Code, 1979 Edition. In summary, Mr. Newsom stated (1) the business is co -owned by six (6) realtors who employ one secretary; (2) a small percentage of time is spent in the office by the realtors; (3) previous experience has indicated there is no need for both a men's and women's restroom; (4) limited finances dictate only one restroom be constructed. Vicky Holler, co-owner, also addressed the Board advising that the deadline of vacating the existing office was November 1st. The service station building originally contained two restrooms; however, one facility was removed to gain space. Ms. Holler also stated that, in her opinion, there was no need for two restroom facilities. Building Official Allman submitted a memorandum dated October 5, 1987 that included a recommendation for the denial of the appeal. The recommendation was based upon criteria included in Section 705 of the 1985 Edition of the Uniform Building Code. Information supplied by Mr. Newsom was no longer in effect --the 1985 editions of the Uniform Building and Uniform Plumbing Codes are now in force. Building Official Allman expressed concern with the possibility of a change in use in the building with regard to establishing a precedent. Discussion followed concerning administration of a change in use, the fact that technically, any change should be submitted to the Building Official, and if requiring one restroom facility would be considered an infringement of civil rights. Town Attorney White confirmed the Board could attach a condition should it desire to grant the variance. Trustee Aldrich moved the variance be granted with the condition that if the number of employees exceed four, or if the use changed, a new appeal be made at that time. Due to the discrepancy in the appeal application concerning the total number of occupants, Trustee Aldrich withdrew his motion. Mr. Newsom clarified the issue stating there are 6 co -owners, 3 independent contractors, and 1 secretary, for a total of 10 occupants. Building Official Allman reviewed the architectural drawings and stated the building permit had been issued contingent upon an application for appeal; the applicant was aware the final decision would be made by the Board of Appeals. Planner Stamey clarified the change in use, stating a change could occur without the Town's knowledge. Stating there were no essential public safety concerns at stake, Trustee Brown moved the variance be approved. Trustee Aldrich seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, and Dickinson. Those voting "No" none. Those "Abstaining" Trustees Habecker and Hix. Minutes of the Board of Adjustment meeting held September 30, 1987 were submitted and read in full. Trustee Hix moved Richard L. Gerstberger be appointed "Represen- tative" and Richard D. Widmer be appointed "Alternate" to the North Front Range Water Quality Planning Association. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Dickinson moved John M. Ericson be reappointed to the Estes Park Urban Renewal Authority, with his 5-year term expiring September 14, 1992. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Brown moved the following liquor license renewal applica- tions be approved: Old Plantation Restaurant, Inc., Hotel and Restaurant License, 128 East Elkhorn Avenue, includes Extended Hours Nicky's Restaurant and Lounge, Inc., Hotel and Restaurant License, 1350 Fall River Road, includes Extended Hours. Trustee Aldrich seconded the motion and it passed unanimously. Board of Trustees - October 13, 1987 - Page three Mayor Dannels noted that due to scheduling conflicts, the Board of Trustees will meet November 3, 10, and 24, 1987. Following completion of all agenda items, Mayor Dannels requested comments from the audience. Tim Asbury/Trail Gazette, requested a briefing concerning the sale of Windy Gap water. Town Attorney White stated the sale is progressing as planned. The buyer, MDC, is attempting to determine whether the project will produce 35 acre feet of firm yield in the Boulder Reservoir. There being no further business, the Board of Trustees adjourned to Executive Session to discuss legal matters. Mayor ... .... Town Clerk