HomeMy WebLinkAboutMINUTES Town Board 1990-08-28KYQLUU Qf 3i5 .Q5 nrh, Lorimer County, Colorado,
Minutes of a .. r. gular
Park, Larimer County, Colorado.
on the ...28th day of
hour.
Meeting called to order by Mayor
August 28 , 19 90
meeting of the Board of Trustees of the Town of Estes
Meeting held in the Town Hall in said Town of Estes Park
August , A. D. 19.9.. at regular meeting
H. Bernerd Dannels
Present: Mayor H. B. DannelS Trustees:
Also Present:
Gary F. Klaphake,
Town Administrator
Gregory A. White,
Town Attorney
Vickie O'Connor,
Town Clerk
Norbert L. Aldrich,
David Barker,
Milan A. Dickinson,
Polly Garrett,
David Habecker,
George J. Hix
Absent: None
Mayor Dannels called the meeting of the Board of Trustees to order
at 7:30 P.M.
CONSENT CALENDAR:
1. Approval of Town Board minutes dated August 14, 1990.
2. Bills.
3. The Villager, Tavern Liquor License, 1230 Big Thompson
Avenue - Renewal.
It was moved and seconded (Hix/Aldrich) the consent calendar be
approved, and it passed unanimously.
ACTION ITEMS:
1.A. Minutes of the Public Works Committee meeting held August
16, 1990 were read. It was moved and seconded
(Barker/Habecker) the minutes be approved, and it passed
unanimously.
B. Mayor Dannels noted there was no report from the Public
Safety Meeting held August 23, 1990, as the Committee met
in Executive Session.
2. Minutes of the Planning Commission meeting held August
21, 1990 were submitted.
1. Town Attorney White clarified the issue of "conflict of
interest" raised in the local newspaper relating to
Commissioner Alma Hix. State Statute explicitly defines
a Code of Ethics for elected and appointed officials and
Town employees. Basically, in order to have a conflict
of interest an elected or appointed official must have a
direct financial interest in an act if that person is
voting on that act. Mere opinion, membership in a
particular organization, or participation in a private
business that does not have anything to do with the act,
does not constitute a conflict of interest. A conflict
of interest occurs when the economic interest is
substantially and directly affected by a person's vote.
A. Mi Casa Subdivision, P.U.D./Amended Plat. Mayor Dannels
opened a public hearing to consider an amendment changing
the original concept from attached units
(condominiums/town homes), to single-family, detached
units. Greg Rosener stated that the result will enable
the applicant to offer lots for sale. Community
Development Director Stamey advised that the amendment
Town Board Meeting - August 28, 1990 - Page 2
does not change the number of lots available--18; the
overall density does meet the standard. Director Stamey
clarified the amendment in relation to the Zoning
Ordinance. There being no persons speaking in opposition
to the proposed amendment, Mayor Dannels declared the
public hearing closed. Trustee Garrett moved the Amended
Plat of Mi Casa Subdivision, P.U.D. (Concept Plan and
Preliminary Plan) be approved contingent upon the
following conditions:
1. An Improvement Guarantee for all public
improvements be filed and approved by the Town
prior to final plat approval.
2. Engineering drawings of all public
improvements, including streets, water lines,
and drainage, be submitted and approved by the
Town prior to final plat approval.
3. An 8" water line and hydrant be installed on
La Grande Lane.
4. Sewer and gas line extensions (with
appropriate easements) be provided to Lots 16,
17 and 18.
5. The east property line drainage easement be
rip -rapped with 12" diameter (minimum)
material, and the drainage easement between
Lots 11 and 12 be protected from erosion.
Detention pond design incorporate a low flow
channel if the bottom slope is less than 2%.
The homeowners' documents include provisions
for maintenance of the drainage facilities.
6 Curbs be constructed on both sides of La
Grande Lane, and cul-de-sac island details be
shown.
7 A pedestrian access easement be provided
between Lots 11 and 12 for use by the owners
of Lots 16, 17 and 18.
8 The access easement to Lots 5, 6 and 7 be
noted as a "private access easement."
Trustee Hix seconded the motion, and it passed
unanimously.
B. Amended Plat of Lot 24, Village Acres Subdivision, Bob
and Laura Belleau/Applicant. Mayor Dannels advised that
the applicant has requested this plat be withdrawn at
this time.
C. Stanley Village Subdivision, Bill Van Horn/Applicant. At
the applicant's request, it was moved and seconded
(Hix/Aldrich) this item be continued to September 25,
1990.
D. Rezoning/Lot 28, Bonnie Brae Addition, John and Margaret
Mott/Applicant. Mayor Dannels opened a public hearing to
consider the rezoning of the aforestated lot (650 South
Saint Vrain Ave.) from R-S Residential, to R-M Multiple
Family. Community Development Director Stamey stated
this item was favorably recommended to the Trustees by
the Planning Commission with a 4/3 vote. A petition, in
opposition to the rezoning, bearing nine (9) signatures
was filed with the Town Clerk August 22, 1990. A letter
Town Board Meeting - August 28, 1990 - Page 3
dated August 21, 1990, also in opposition, was signed by
three (3) additional adjacent property owners.
Petitioners do comprise more than 20% of the land
owners,necessitating a favorable vote totalling five (5).
Those speaking in favor of the rezoning: Paul Kochevar.
In summary, Mr. Kochevar stated that the lot in question
contained 44,000+ square feet, two (2) dwelling units,
and that the contract purchasers (Mr. and Mrs. Pete
Princehorn) desire to rezone the lot to permit a Bed and
Breakfast operation which would allows more than 5
persons/day. Such a use is permitted within the R-S
District provided no more than five (5) persons/day are
served. The Trustees reviewed a map depicting the
surrounding zoning with C-O Outlying Commercial to the
north, and R-M Zoning to the east and south. In Mr.
Kochevar's opinion, this lot is almost an island in
itself, and that it is appropriate to change the zoning
at this time. John Mott/Applicant, provided historical
information on the property and stated that the R-M
zoning was more in keeping with what was presently
occurring in the area. Jerry Lefebvre, 1230 Graves Ave.,
and Ginnie Baker, 1240 Graves Ave., both spoke in
opposition to the rezoning request. Both parties
expressed their concern for the existing open space on
which children play, and elk migration, submitted an
additional petition bearing 25 signatures, and urged
denial of the request. Jess Batchelder, representing
E.V.I.A., and Charles Kerr (720 South Saint Vrain Ave.)
also urged denial of the request. The applicants did not
accept their right of rebuttal. Director Stamey
clarified what uses would be allowed in the R-M District.
Pete Princehorn stated it was not economically feasible
to limit guests to five as included in the R-S District,
therefore, a rezoning request was submitted to allow 10
guests/night. Mr. Princehorn confirmed that he had no
intention of building a motel on this property. There
being no further testimony, Mayor Dannels closed the
public hearing. Trustee Garrett moved the Rezoning
Request for Lot 28, Bonnie Brae Addition from R-S
Residential to R-M Multiple Family be denied affirming
the following criteria supplied by staff:
1. Is the proposed change compatible with
established land use patterns?
2. Will the proposed change create an isolated
district, thus becoming spot zoning?
3. Have the basic land use conditions changed?
4. Will the change adversely affect living
conditions in the neighborhood?
5. Can the property be used in accordance with
the existing zoning regulations?
6. Are there adequate sites for the proposed use
in districts permitting such use?
7. Will an undesirable precedent be set by
allowing the zoning change at this location at
this time?
Trustee Hix seconded the motion and it passed by the
following votes: Those voting "Yes" Trustees Aldrich,
Barker, Garrett, Habecker and Hix. Those voting "No"
Trustee Dickinson.
Town Board Meeting - August 28, 1990 - Page 4
3 Town Administrator Klaphake reported that the Fine Arts
Guild request for authorization to allow a private food
concessionaire during the annual Fine Arts Craft Fair
September 15-16 was withdrawn as the local Girl Scout
Troop will provide such service.
4 Community Development Director Stamey advised that the
Town is in receipt of the 1990 Census Count Report. In
staff's opinion, the 1990 census for Estes Park was a
total failure, relating to a probable 25% undercount. As
the figures were found to be totally unreliable, Trustee
Hix moved the Town formally reject the 1990 Census Count
Report for Estes Park. Trustee Aldrich seconded the
motion, and it passed unanimously. The Town will
communicate this rejection to its congressmen and
senators.
5. Resolution #18-90. Administrator Klaphake briefed the
Trustees on a proposed resolution supporting the Town of
Vail (the Town's Colorado Sister City) in their
opposition to a proposed federal land trade. It was
moved and seconded (Hix/Garrett) the resolution be passed
and and adopted, and it passed unanimously. Mayor
Dannels will be presenting a framed photograph entitled
"Summits and Valleys of Estes Park and Rocky Mountain
National Park" to Vail in the near future.
Mayor Dannels noted that: (1) the Town Board meeting scheduled
September 11, 1990 has been canceled, resulting in one meeting in
September - September 25, and (2) as a result of the all -citizen
appointments to the Planning Commission, Trustee Garrett is now
serving as a liaison to said Commission.
Following completion of all agenda items, Mayor Dannels requested
comments from the audience. Lou Canaiy expressed concern with the
congestion in the Post Office Parking Lot, and questioned what
actions were being taken against violators of the parking limit.
Chief Racine reported that approximately 95% of all parking tickets
were issued to violators using the Post Office Lot, stating
"enforcement doesn't create parking spaces." Such enforcement is,
however, resulting in numerous complaints being received by the
Department. With regard to home mail delivery, Public Works
Director Widmer reported that at a recent meeting, Post Office
representatives advised that the Town should be receiving a report
detailing their concerns in the near future. Al Sager
complimented the recent remodeling efforts performed in the Board
Room (windows, window blinds, and Town flag).
There being no further business, Mayor Dannels adjourned the
meeting at 8:55 P.M.
Mayor
Town Clerk