Loading...
HomeMy WebLinkAboutMINUTES Town Board 1987-03-24etrIVIt Zif estts park, Lorimer County, Colorado, March 24 19 87 Minutes of o 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 24th day of March ,A. D. 19 87 at regular meeting hour. Meeting called to order by Mayor H. Bernerd Dannels Present: Mayor H. B. Dannels Trustees: Norbert L. Aldrich, Mark T. Brown, Dale G. Hill, Also Present: Town Adminiatrator Milan A. Dickinson, David Habecker, NbisfrAl Gregory A. White, George J. Hix Town Attorney Absent: David Barker, Trustee Minutes of the regular meeting held March 10, 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 March 12, 1987 were read. Trustee Dickinson, Chairman of the Committee, moved the minutes be approved. Trustee Aldrich seconded the motion and it passed unanimously. Minutes of the Special Public Safety Committee meetings held March 16 and 18, 1987 were read. Trustee Aldrich, Chairman of the Committee, moved the minutes be approved. Trustee Habecker seconded the motion and it passed unanimously. Trustee Aldrich introduced, and Town Administrator Hill read in full, the following Resolution and moved it be adopted: R E S O L U T I ON 4-87 WHEREAS, the position of Chief of Police of the Town of Estes Park is currently vacant; and WHEREAS, Section 2.32.010 of the Municipal Code provides that the Board of Trustees shall appoint a qualified person to serve as Chief of Police; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that David J. Racine is qualified to serve as Chief of Police. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO 1. That David J. Racine is hereby appointed as Chief of Police of the Town of Estes Park pursuant to the provisions of Section 2.32.010 of the Municipal Code. 2. That said appointment is subject to certi- fication of David J. Racine by the P.O.S.T. Board under the terms of provisions of Section 24.33.5-307, C.R.S. Board of Trustees - March 24, 1987 - Page two 3. That said appointment is effective on April 13, 1987. Trustee Hix seconded the motion and it passed unanimously. Minutes of the Public Works Committee meeting held March 19, 1987 were read. Trustee Brown, Chairman of the Committee, moved the minutes be approved. Trustee Hix seconded the motion and it passed unanimously. Mayor Dannels continued the public hearing for Special Review and Development Plan 87-2 for the Wehr Storage Warehouse. Bill Van Horn, representing the applicant, stated the plan was previously continued by the Board of Trustees to obtain all required signa- tures on the plat. Mr. Van Horn advised that at the present time, the building will be used as a warehouse facility; space for additional parking is available should the use convert into retail space. There were no persons speaking in "favor" of or in "opposition" to the special review. Assistant Public Works Director Gerstberger confirmed all conditions placed on the plan by the Planning Commission had been resolved. Trustee Brown noted comments received during the Planning Commission meeting regarding "impervious coverage" and moved Special Review and Development Plan 87-2 for the Wehr Storage Warehouse be approved contingent upon the following condition: 1. A Certificate of Occupancy not be issued until such time as the Amended Plat of Lots 5 and 6 DeVille Subdivision is approved and recorded. Trustee Aldrich seconded the motion and it passed unanimously. Bill Van Horn appeared before the Board of Trustees and presented the Amended Plat of Lot 9, Twin View Addition (Richard L. Kelley). The amended plat was originally submitted as "Serenity Knoll Subdivision. Assistant Public Works Director Gerstberger confirmed all conditions placed on the plat by the Planning Commission had been resolved. Trustee Hix the moved Amended Plat of Lot 9, Twin View Addition be approved. Trustee Brown seconded the motion and it passed unanimously. Mayor Dannels declared a public hearing to consider Special Review 87-3 for a Bed and Breakfast request located at 441 Chiquita Lane (Judith Brown). Mr. Paul Kochevar, representing the applicant, stated such a use is permitted by special review in an E-Estate Zoning District. The only physical change to the site involves construction of six (6) parking spaces. Trustee Brown questioned if the applicant had given any consideration to a "landscaped buffer" around the parking area. Mr. Kochevar stated this item had not received further discussion as the Planning Commission had not placed the item as a condition of approval of the plat. There were no persons speaking in "favor" of the request. Testimony was heard from Paula Conn, 458 Chiquita Lane. Ms. Conn questioned if a "curfew" regulating activities could be required, if pets would be allowed, if the business would be operated during the summer season only or year-round, and if fences would be installed relative to wildlife crossings. Mr. Kochevar stated Ms. Brown would not be managing the operation, thus it was difficult to answer the aforementioned concerns. Jim Modaff, adjacent property owner also expressed concern with the number of pets allowed. Town Attorney White advised the number of pets allowed on a site is regulated by an Ordinance contained in the Municipal Code. There being no further comment, Mayor Dannels declared said public hearing closed. Trustee Brown moved Special Review 87-3 for a Bed and Breakfast be approved. Trustee Aldrich seconded the motion and it passed unanimously. Mayor Dannels declared a public hearing to consider Special Review 87-4 for the Slide Modification located at "Fun City", 375 Moraine Avenue (Lynn Kinnie). The applicant is proposing to add a spiral slide onto the south side of the existing slide. The Board of Trustees - March 24, 1987 - Page three new slide will be approximately 48'8" above grade. Commercial amusements and structures greater than 30' in height are required to follow the special review procedure. Bill Van Horn, representing the owner, advised the attorney's letter had not been received by the Town; however, he requested testimony be heard this date, and continue the decision to April 14, 1987. The Planning Commission recommended conditional approval of the request. With regard to the color of the structure, Mr. Van Horn submitted four (4) color schemes: blue and yellow, blue and green, blue and off-white, and blue and olive green. There were no persons speaking in "favor" of the request. Mr. Al Sager, Chairman/Planning Commission advised the modification received a "split vote" from the Planning Commission: five votes in "favor" and two "against" the request. Also, the color schemes were not available at the Planning Commission meeting; it would be advis- able if the colors could be reviewed by the Commissioners. Those speaking in "opposition" Steve Komito. Mr. Komito, a member of the Planning Commission, read a portion of the staff report relating to visual impacts which included the report submitted by EPURA. Mr. Komito presented a brief history of the property and also questioned retention of the dilapidated building on the site. In summary, Mr. Komito requested the Board of Trustees give careful criticism to this proposal. In rebuttal, Mr. Van Horn stated Estes Park has indicated a need for people -oriented facilities and encouraged favorable consideration. The building is being retained due to zoning restrictions. Mr. Van Horn also stated the color schemes would be available in the Town Planner's office for review. There being no further testimony, Trustee Brown moved Special Review 87-4 Fun City Slide Modification be continued to April 14, 1987. Trustee Hix seconded the motion and it passed unanimously. Mayor Dannels declared a public hearing to consider a rezoning request for Tract A, Prospect Estates Addition, except Prospect Estates Subdivision and Prospect Mountain Subdivision P.U.D., Filings 1 through 7 from E-Estate to RS-Residential. Bill Van Horn, representing the owner, Neil W. Solomon, appeared before the Trustees stating the request is compatible with surrounding property. There were no persons speaking in "favor" of or in "opposition" to the rezoning request. Mayor Dannels declared said public hearing closed. Trustee Brown moved the rezoning request for Tract A, Prospect Estates Addition, except Prospect Estates Subdivision and Prospect Mountain Subdivision P.U.D., Filings 1 through 7 from E-Estate to RS-Residential be approved, directing Town Planner Stamey to file the legal description and revise the Zoning Map as more fully setforth in Section 17.12.020 of the Municipal Code. Trustee Dickinson seconded the motion and it passed unanimously. Mayor Dannels continued the public hearing concerning the re- vision to the Zoning Ordinance regarding setbacks, non -conforming buildings and development plan applicability. The Planning Commission considered each item separately and favorably recom- mended the revision to non -conforming buildings. Consideration of the setbacks and development plan applicability were continued. Trustee Habecker questioned why Commercial Districts were not included in the amendment. Planning Commission Chairman Sager stated that with the language modification, the Building Inspector and Town Planner could allow certain alterations provided the alterations did not increase the extent of non -conformity. Such instances would not require Board of Adjustment review. Including Commercial Districts could place staff in an undesirable position. Trustee Brown stated limiting the modification to residential districts was most appropriate at this time due to the non -controversial nature of such alterations. There being no further testimony, Mayor Dannels declared the public hearing concerning non -conforming buildings closed. Trustee Brown introduced the following ordinance and moved it be adopted: Board of Trustees - March 24, 1987 - Page four AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO NON -CONFORMING BUILDINGS Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Brown, Dickinson, Habecker and Hix, Those voting "No" none. Whereupon Mayor Dannels declared said Ordinance duly passed and adopted and ordered it numbered 3-87 and published according to law. Trustee Brown moved the public hearing to consider the revision to the Zoning Ordinance concerning setbacks and development plan applicability be continued to May 12, 1987. Trustee Hix seconded the motion and it passed unanimously. Minutes of the Board of Adjustment meeting held March 12, 1987 were submitted and read aloud. Mr. David Budd, West Park Dance and Fitness Center appeared before the Trustees requesting a transfer of the "Massage Parlor" License from Patricia DeFries and Adel Parker. Mr. Budd supplied three (3) letters of personal reference, the lease, indicating possession of the premises, and Occupation License Application. The former owners operated the business under "Estes Park Holistic Health Center" and this license expires March 29, 1987. Mr. Budd stated the business is now operated under a broader use due to adjacent the dance studio and development of general fitness counseling. Following review of the application, Trustee Habecker moved the transfer of ownership be granted. Trustee Hix seconded the motion and it passed unanimously. Trustee Hix moved the Mayor be authorized to execute the Library Services Agreement between Larimer County and the Town of Estes Park for the Estes Park Public Library. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Hix moved the following liquor license renewal applica- tions be approved: Beverly Hill's Family Restaurant, 800 Moraine Avenue - Hotel and Restaurant License Spur 66 Liquor Store, National Park Village South - Retail Liquor Store License. Trustee Aldrich seconded the motion and it passed unanimously. Due to the following presentation of a proposed trolley system, Trustee Brown declared a "conflict of interest", stated he would not participate in discussion or vote and excused himself from the Board Room. Mr. and Mrs. Jerry Gardner appeared before the Board of Trustees representing the Estes Park Trolley Corpo- ration. Upon several meetings and gathering of various demo- graphic information, the aforementioned corporation was formed with the objective of providing a trolley system for Estes Park. The corporation is comprised of fourteen area residents, includ- ing Mr. and Mrs. Gardner. A video tap was presented and viewed by the audience. The film described the trolley system used in Kansas City which began in 1983. Mr. Gardner offered background information and stated the Estes Park system would run from 9:00 A.M. to 10:00 P.M. daily. The fare would be $1.00/person. In operating a private system, major revenues are gained in selling advertising. The Estes Park trollies will be a "turn of the century" style, with a terra-cotta color scheme to match EPURA signage. Such an operation will not only provide transportation but help reduce the parking congestion and provide jobs. The corporation has applied for a license to operate from the Public Utilities Commission (P.U.C.). Two formal requests were submit- ted: (1) the Board of Trustees issue a letter of support to the P.U.C. and (2) an amendment to the Sign Code be authorized to allow advertising on the trolley units. Mr. Gardner advised the Board of Trustees - March 24, 1987 - Page five P.U.C. has already received six (6) letters of support (EPURA, Chamber of Commerce, Chamber Advertising Committee, Human Devel- opment, Estes Valley Recreation and Park District and Hary Neeley/Transportation Coordinator, Larimer County). Concerning the Sign Code, Mayor Dannels advised any proposed revisions are submitted to the Planning Commission, then forward to the Town Board. Following discussion, Trustee Aldrich moved Mayor Dannels be authorized to submit a letter of support to the P.U.C. Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Dickinson, Habecker and Hix. Those voting "No" none. Those "Abstaining" Trustee Brown. Mr. Tom Brown/Estes Park Trolley Corporation addressed the Trustees seeking guidance concerning the Sign Code revision. Town Attorney White suggested the corporation submit the proposed revision for review. With regard to proposed routes, Town Administrator Hill reported consideration by the Public Safety Committee would be required. Said Committee will meet March 26, 1987; members of the corporation were invited to attend. Plan- ning Commission Chairman Sager commented careful consideration should be given prior to revising the Sign Code. Louis Canaiy spoke in favor of the trolley system. Following completion of all agenda items, Mayor Dannels requested public comment. Louis Canaiy commented on the proposed indoor arena and election and parking. Trustee Habecker commented he was in favor of the trolley system; representatives are in the process of preparing various information for the public concerning the proposed election for the indoor arena; and a very equitable selection process was used in selecting a Chief of Police. There being no further business, the meeting adjourned to Execu- tive Session to discuss Windy Gap matters. Mayor ... Town Clerk