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Home My WebLink AboutMINUTES Town Board 1989-01-24ZOfinof r to t Path, Lorimer County, Colorado, Minutes of a regular Park, Lorimer County, Colorado, on the hour. Meeting called to order by Mayor 24th day of January 24 1989 meeting of the Board of Trustees of the Town of Estes Meeting held in the Town Hall in said Town of Estes Park January , A. D. 19. 8.9. at regular meeting H. Bernerd Dannels Present: Mayor H. B. Dannels Trustees: Also Present: A)sOriti Absent: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk None Norbert L. Aldrich, David Barker, Milan A. Dickinson, Polly Garrett, David Habecker, George J. Hix Mayor Dannels called the meeting of the Board of Trustees to order at 732 P.M. Trustee Hix moved the Town Board minutes dated January 10, 1989, and the minutes of the special Town Board meeting dated January 11, 1989 be approved. Trustee Aldrich seconded the motion and it passed unanimously. Finance Officer Vavra presented the bills for payment. The books for 1988 were closed January 24, 1989. Following review, Trustee Barker moved the bills, as presented, be allowed and paid, and that the Town Clerk ProTem 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 Dickinson seconded the motion and it passed unanimously. Minutes of the Community Development Committee meeting held January 12, 1989 were read. Trustee Dickinson moved the minutes be approved contingent upon the deletion of the following sen- tence on Page Two, Committee Recommendations, 2. C. - "Develop local product export program - catalog of unique products and services." Trustee Barker seconded the motion and it passed unanimously. Minutes of the Public Works Committee meeting held January 19, 1989 were read. Trustee Aldrich moved the minutes be approved. Trustee Barker seconded the motion and it passed unanimously. Staff clarified the issue concerning home mail delivery --there will not be an additional expense should the citizens desire this service, providing they do not retain a post office box. Minutes of the Stanley Park Committee meeting held January 23, 1989 were read. Trustee Aldrich moved the minutes be approved. Trustee Hix seconded the motion and it passed unanimously. Minutes of the Planning Commission meeting held January 17, 1989 were submitted. Mayor Dannels opened a public hearing to consider Special Review Request #88-4 for the Woodstock Building, Tim McPhee/applicant. Pursuant to the applicant's request, Trustee Barker moved this item be continued to February 14, 1989. Trustee Garrett seconded the motion and it passed unanimously. Mayor Dannels opened a public hearing to consider the Amended Plat of Lot 3, and a portion of Lots 1, 2, and 4, Reclamation Board of Trustees - January 24, 1989 - Page two Subdivision, Mount Calvary Lutheran Church/applicant. Trustee Habecker declared a potential conflict of interest and stated he would not participate in discussion or vote. Community Develop- ment Director Stamey confirmed the amended plat will not adverse- ly impact services or the neighborhood. There were no persons speaking in "opposition" to the plat. Mayor Dannels declared the public hearing closed. Trustee Hix moved the Amended Plat of Lot 3, and a portion of Lots 1, 2, and 4, Reclamation Subdivision be approved. Trustee Garrett seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Dickinson, Garrett, and Hix. Those voting "No" none. Those "Abstaining" Trustee Habecker. Town Attorney White summarized the Planning Commission recommen- dation requesting a moratorium be placed on Section 17.66.320 D. 2. of the Sign Code relating to compliance of non -conforming signs. Trustee Hix introduced, and Town Attorney White read in full, the following resolution and moved it be passed and adopt- ed: RESOLUTI ON 3-89 WHEREAS, Section 17.66.320 (D) 2. of the Estes Park Sign Code provides that any sign which is noncon- forming shall be brought into conformance or removed within six (6) years and six (6) months from the date upon which the sign becomes nonconforming; and WHEREAS, the Colorado Court of Appeals in the case of Root Outdoor Advertising, Inc., vs. City of Fort Collins, 759 P.2d 59, (Colo. App. 1988) has found that the five (5) year amortization period of the City of Fort Collins for nonconforming signs is not "just compensation" under the terms of the Federal Highway Beautification Act of 1965 and the "Outdoor Advertising Act" of the State of Colorado; and WHEREAS, the finding by the Colorado Court of Appeals in said case is relevant with regard to en- forcement by the Town of Estes Park of the aforemen- tioned section of the Estes Park Sign Code as it relates to nonconforming signs; and WHEREAS, on January 3, 1989, the Supreme Court of the State of Colorado agreed to review the decision of the Colorado Court of Appeals, specifically that part of the decision involving the aforementioned amor- tization period as it relates to just compensation under the aforementioned Federal and State Acts; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interests of the Town of Estes Park and those owning nonconforming signs which are or may be during the pendency of the aforementioned case be affected by the amortization period of the Estes Park Sign Code; and WHEREAS, the Board of Trustees of the Town of Estes Park feels that a moratorium should be declared with regard to all nonconforming signs under the specific provision of the Estes Park Sign Code refer- enced above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES of the Town of Estes Park as follows: 1. All signs which now, or in the future, become subject to provisions of Section 17.66.320 (D) 2. shall not be required to be removed pursuant to the pro- visions of the Estes Park Sign Code until such time as the Colorado Supreme Court has issued a decision with regard to the ability of a municipality to amortize Board of Trustees - January 24, 1989 - Page three nonconforming signs over a specific period without having to pay other forms of just compensation for the removal of said signs. 2. Any other provision of the Estes Park Sign Code with regard to nonconforming signs is still and will remain in full force and effect and shall be enforced by the appropriate officials of the Town of Estes Park. 3. This moratorium shall only be in effect during the period necessary to allow the Colorado Supreme Court to issue a decision regarding amortization of nonconforming signs or until further resolution or ordinance of the Board of Trustees of the Town of Estes Park. Trustee Garrett seconded the motion and it passed unanimously. Patricia Boyd and Kimberly DeFries submitted a Change of Owner- ship and Trade Name application for the West Park Dance and Fitness Center, 413-415 West Elkhorn Avenue, to the Estes Park Holistic Health Center. Stating all appropriate documents had been filed, Trustee Aldrich moved the application be approved. Trustee Garrett seconded the motion and it passed unanimously. Trustee Aldrich introduced, and Town Attorney White read in full, the following ordinance and moved it be passed and adopted: AN ORDINANCE VACATING A PORTION OF A PUBLIC ROADWAY LOCATED IN UNIVERSITY HEIGHTS ADDI- TION, ESTES PARK, COLORADO Public Works Director Widmer summarized events leading to the vacation of a portion of the public roadway. The three (3) affected property owners have executed and submitted the Deeds of Dedication. The Town will not, however, perform maintenance on the alley. Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Dickinson, Garrett, Habecker, and Hix. Those voting "No" none. Whereupon Mayor Dannels declared said ordinance duly passed and adopted and ordered it numbered 1-89 and published according to law. Trustee Aldrich moved the Tavern Liquor License Renewal submitted by Roadside Productions, Inc., dba LONIGAN'S, INC., 110 W. Elkhorn Avenue, including extended hours, be approved. Trustee Habecker seconded the motion and it passed unanimously. Trustee Hix moved the Molly B Restaurant Beer and Wine Liquor License Renewal be approved. Trustee Aldrich seconded the motion and it passed unanimously. Town Clerk O'Connor read a letter submitted by the Castle Moun- tain Road Property Owners requesting the Town assume ownership and maintenance of Castle Mountain Road. Mayor Dannels referred the letter to the Public Works Committee. Following completion of all agenda items, Mayor Dannels requested comments from the audience. Louis O'Riordan addressed the Board concerning the Municipal Court, the petition seeking a repeal of the local sales tax on food, Windy Gap, Ski Estes Park petition drive, Use Tax, and the Elderly Tax Refund. There being no further business, Mayor Dannels adjourned the meeting at 8:27 P.M. Mayor Town Clerk