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Home My WebLink AboutMINUTES Town Board 1987-05-12Zotutt of 1arh, Larimer County, Colorado, 12 19 87 Minutes of a rQgulax 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 12th day of hour. Meeting called to order by Mayor May , A. D. 19. ?.7. at regular meeting H. Bernerd Dannels Present: Mayor H. B. Dannels Trustees: Norbert L. Aldrich, David Barker, Mark T. Brown, David Habecker, Dale G. Hill, Also Present: George J. Hix Town Administrator Gregory A. White, Town Attorney Absent: Milan A. Dickinson Mayor Dannels welcomed all students who participated in "Municipal Government Day" which was held May 6, 1987 and presented "Certificates of Appointment." Mayor Dannels expressed the Town's appreciation to the sponsors: American Legion, Elks Club, Lions Club and Optimists. Minutes of the special meeting held May 1, 1987 were submitted and approved. Trustee Hix 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 Aldrich seconded the motion and it passed unanimously. Minutes of the Light and Power Committee meeting held May 7, 1987 were read. Trustee Hix moved the minutes be approved. Trustee Habecker seconded the motion and it passed unanimously. Trustee Barker moved the Mayor be authorized to execute the Chamber of Commerce 1987 Advertising Agreement. Trustee Brown seconded the motion and it passed unanimously. Trustee Hix moved the Mayor be authorized to execute the Addendum to Lease for the Estes Park Area Historical Museum. Trustee Habecker seconded the motion and it passed unanimously. Mayor Dannels continued a public hearing to consider amending Section 17.20.040 Setbacks and Section 17.36.010 Development Plan Applicability. Planner Stamey advised the current regulation requires a 25' building setback from all property lines, and if the lot width or depth is less than 125', the setback is calculated using 20% of the lot width or depth to determine setback. Proposed modifications are as follows: Zoning Street District Line Side Rear E-Estate 25' 25' 25' R-S 25' - Arterial 10' 15' 15' - Other 25' when abutting 25' when abutting E-Estate E-Estate R-M 25' 10' 10' 25' when abutting 25' when abutting E-Estate E-Estate C-0 & C-H 25' 15' 25' when abutting E, R-S & R-M 15' 25' when abutting E, R-S & R-M Board of Trustees - May 12, 1987 - Page two The amendment to Section 17.36.010 is intended to clarify language. There were no persons speaking in "favor" of the amendment. Those speaking in "opposition": Rowland Retrum. Mr. Retrum presented a letter bearing his signature and that of Seymour Graham. In summary, Mr. Retrum stated the proposed amendment would be harmful to the quality of the Valley, the current ordinance provides reasonable standards for all lot sizes, this concession would aid high density and he urged the Town deny approval of the proposed amendment. Seymour Graham stated the existing ordinance should remain as is, and charged Trustee Habecker with a potential "conflict of interest." There being no further testimony, Mayor Dannels declared said public hearing closed. Town Attorney White advised the proposed amendment to Section 17.20.040 was prompted by inquiries made by persons who felt the current ordinance created an inordinate number of non -conforming buildings. In response to such inquiries, the Planning Commission had recommended the proposed revisions. Trustee Habecker stated he was in favor of the amendment which would reduce the number of non -conforming structures which were created in the Zoning Ordinance adopted in 1986. Trustee Brown introduced the following Ordinance and moved it be adopted: AN ORDINANCE AMENDING TITLE 17 OF THE MUNICI- PAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO ZONING FOR THE TOWN OF ESTES PARK Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker and Hix. Those voting "No" none. Whereupon Mayor Dannels declared said Ordinance duly passed and adopted and ordered it numbered 10-87 and published according to law. Mayor Dannels declared a public hearing to consider a new Hotel and Restaurant Liquor License Application submitted by Loyd 0. and Betty A. Minor dba TOP OF THE PARK, 145 East Elkhorn Avenue. Town Administrator Hill read in full a letter dated May 12, 1987 submitted by Attorney V. Rodney Hallberg who was representing Mr. and Mrs. Rick Houser. In summary, the letter requested a condi- tion be imposed upon issuance of the license requiring the owners of the property to proceed in Court to quiet title for the purpose of removing the liquor restriction. Town Attorney White stated such action was a civil matter between both property owners; the Board of Trustees should not consider such a re- striction in approving or disapproving the liquor license. Those speaking in "favor" of the application: Loyd Minor, who stated his desire to obtain a liquor license was to provide the customer the option of obtaining malt, vinous or spirituous liquor with a meal; Russ McCann, who stated liquor would not be sold on Mr. and Mrs. Houser's property, therefore, such a use would have no affect on that portion of Lot 7. Those speaking in "opposition" Cheri Houser. Ms. Houser urged the Board of Trustees guarantee her property would not be placed in jeopardy and impose the aforementioned condition to allow receipt of a clear title. There being no further testimony, Mayor Dannels declared said public hearing closed. Stating 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, Trustee Habecker moved the license be granted. Trustee Barker seconded the motion and it passed unanimously. Trustee Aldrich moved the request to withdraw a Change of Owner- ship/Trade Name Hotel and Restaurant Liquor Application submitted by DINC, Inc., and a request submitted by John Grace dba Isabella Bird's Restaurant and Tavern to retain the existing license be approved. Trustee Hix seconded the motion and it passed unani- mously. Trustee Brown moved the Change in Corporate Structure submitted by The Surrey Restaurant, Inc., dba La Casa Del Estorito be Board of Trustees - May 12, 1987 - Page three approved. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Aldrich cited a "conflict of interest" on the following agenda item and stated he would not participate in discussion or vote. Trustee Habecker moved the Liquor -licensed Drug Store Renewal application submitted by Aldrich Enterprises, Inc., dba Stanley Village Pharmacy be approved. Trustee Brown seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Barker, Brown, Habecker and Hix. Those voting "No" none. Those "Abstaining" Trustee Aldrich. Trustee Hix introduced, and Town Administrator Hill read in full, the following Resolution and moved it be passed and adopted: RESOLUTI ON 6-87 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a Beer and Wine License to sell malt and vinous beverage filed by VILLAGE PIZZA, INC., 543 Big Thompson Avenue, Estes Park, Colorado, is May 11, 1987, and it is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on June 23, 1987 at 7:30 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 2.57 miles as measured from the center of the applicant's property. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Aldrich moved the Beer and Wine Liquor License renewal submitted by Heidi's Hideaway, Inc., be approved. Trustee Brown seconded the motion and it passed unanimously. Trustee Brown introduced, and Town Attorney White read in full, the following Resolution and moved it be passed and adopted: R E S O L U T I ON 7-87 WHEREAS, Stanley Addition to the Town of Estes Park, County of Larimer, State of Colorado is a subdi- vision within the Town of Estes Park, Colorado; and WHEREAS, said addition has been subdivided into five tracts; and WHEREAS, Chapter 16.12 of the Municipal Code of the Town of Estes Park regulates the subdivision of real property within the Town of Estes Park; and WHEREAS, it has come to the attention of the Town of Estes Park that portions of Tract 4 and 5 of Stanley Addition to the Town of Estes Park have been deeded from the record owner of the property to another entity without any filing with or approval of the Town pursu- ant to Chapter 16.12 of the Municipal Code of the Town of Estes Park, the same relating to subdivision of real property within the Town; and WHEREAS, the Board of Trustees has reviewed this situation and has determined that the deeding of the property represents a violation of Chapter 16.12 of the Municipal Code of the Town of Estes Park as it relates to subdivision of real property located within the Town; and WHEREAS, the Board of Trustees of the Town of Estes Park hereby declares the deeding of the real Board of Trustees - May 12, 1987 - Page four property an illegal subdivision of property located within the Town of Estes Park. NOW, THEREFORE, be it resolved by the Board of Trustees of the Town of Estes Park, Colorado, as follows: 1. On April 28, 1986 Robert T. Smith and Katherine S. Smith deeded two separate portions of Tract 4 of Stanley Addition to the Town of Estes Park to Equity Performance, Inc., a Colorado Corporation. Said Warranty Deed was recorded in the office of the Clerk and Recorder of Larimer County, Colorado on May 12, 1986, Reception Number 86024051. 2. On May 8, 1986 Robert T. Smith and Katherine S. Smith deeded a portion of Tract 5 of Stanley Addition to the Town of Estes Park to Equity Performance, Inc., a Colorado Corpo- ration. Said Warranty Deed was recorded in the office of the Clerk and Recorder of Larimer County, Colorado on May 12, 1986, Reception Number 86024052. 3. The deeding of the aforementioned real property without complying with the applica- ble provisions of Chapter 16.12 of the Municipal Code of the Town of Estes Park is an illegal subdivision of said property. 4. The Board of Trustees hereby declare that because the deeding is an illegal subdivision of the property no building permits shall be issued for any construction on the real property described in the two aforementioned Warranty Deeds nor shall any development plan nor concept plan be considered by the Town of Estes Park until such time as property subdivision of the real property has been accomplished under the terms and provisions of the appropriate ordinances of the Town of Estes Park and statutes of the State of Colorado. Trustee Barker seconded the motion and it passed unanimously. Following completion of all agenda items, Mayor Dannels requested comments from the audience. Comments were heard from Trustee Habecker concerning his completion of one year in office, and Trustee Brown regarding the Economic Development Conference held May 12th. In summary, Trustee Brown urged the Town consider, possibly at the next Town Board meeting, establishment of a broad -based community task force named "IDEAS TASK FORCE" - Identify Direction And Evaluate Abilities And Strategies - to serve as the initiators of a process that will ultimately lead to a fully -developed strategic plan for the Town. Trustees Aldrich and Brown commended the Forward Estes Park Foundation in sponsoring the Conference. There being no further business, the meeting adjourned. Mayor • 444041-e-. Town Clerk