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HomeMy WebLinkAboutMINUTES Town Board 1990-06-26&bud e path, Larimer County, Colorado, Minutes of a regular Park, Larimer County, Colorado. on the 26th day of June 26 1990 meeting of the Board of Trustees of the Town of Estes Meeting held in the Town Hall in said Town of Estes Park June , A. D. 19.9P. at regular meeting hour. Meeting called to order by Mayor Present: Moyor H. B. Dannels H. 5pxr1pxd P411.40-s Trustees: Also Present: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: 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 5:01 P.M. Trustee Aldrich requested Item 3.A. Stanley Village Pharmacy liquor license renewal be removed from the "Consent Calendar" and voted on separately - the request was approved. CONSENT CALENDAR: 1. Approval of Town Board minutes dated May 22, 1990. 2. Approval of bills. 3.B. Fiori's Top Of The Park, Hotel and Restaurant License - Renewal. C. Longs Peak Scottish Highland Festival - Authorization to post the premises for Special Event Liquor License Application. It was moved and seconded (Hix/Garrett) that the Consent Calendar be approved, and it passed unanimously. 3.A. Trustee Aldrich cited a "conflict of interest" and stated he would not participate in discussion nor vote. It was moved and seconded (Dickinson/Hix) that the Liquor License renewal application submitted by Aldrich Enterprises, Inc., dba STANLEY VILLAGE PHARMA- CY, be approved, and it passed by the following votes: Those voting "Yes" Trustees Barker, Dickinson, Garrett, Habecker and Hix. Those voting "No" none. Those "Abstaining" Trustee Aldrich. ACTION ITEMS: 1.A. It was moved and seconded (Dickinson/Aldrich) the Planning Commission resignations of Commissioners Barker, Garrett, and Hix be accepted (pursuant to the adoption of Ordinance #6-90), and it passed unanimous- ly. EVIA Representative Batchelder and the Trustees expressed their appreciation to those resigning. B. It was moved and seconded (Hix/Aldrich) the following be appointed to serve on the Estes Park Planning Commission and it passed unanimously: R. Wendell Amos, 4-yr. term, expiring 4/94 Board of Trustees - June 26, 1990 - Page two Alma Hix, 4-yr. term, expiring 4/94 Jim Banker, 2-yr. term, expiring 4/92. 2.A. Minutes of the Administrative Committee meeting held May 29, 1990 were read. It was moved and seconded (Hix/Garrett) the minutes be approved, and it passed unanimously. B. Minutes of the Community Development Committee meeting held June 14, 1990 were read. Director Stamey briefed the Trustees on the Town's role (including exact expenditures) in providing entertainment for the two bicycle tours held in June. It was moved and seconded (Barker/Hix) the minutes be approved with amendment to said minutes pertaining to the Rocky Mountain National Park Magazine 75th Anniversary Edition Complimentary issue --the following was deleted: ...remaining issues will be sold at $1.95/ea." The Trustees instructed Director Stamey to further research compli- mentary vs. retail magazine issues and report. 3.D. It was moved and seconded (Hix/Barker) the Amended Plat of Lot 1, Mountain Man Subdivision be continued to July 10, 1990, and it passed unanimously. E. Moccasin Ridge Subdivision. Mayor Dannels opened a public hearing to consider the aforestated subdivi- sion. Community Development Director Stamey stated the applicants desire to combine four (4) existing lots into two (2) lots, resulting in one resi- dence/lot, and that all Planning Commission conditions had been met. There being no persons speaking in "favor of" or in "opposition to" the proposal, Mayor Dannels declared the hearing closed. It was moved and seconded (Barker/Garrett) Moccasin Ridge Subdivision be approved, and it passed unanimously. 4.A. It was moved and seconded (Dickinson/Hix) the Change of Corporate Structure liquor application filed by International Leisure Enterprises, Inc., dba GOLDEN EAGLE RESORT be continued to July 10, 1990, and it passed unanimously. B. Trustee Hix cited a "conflict of interest" and stated he would not participate in discussion nor vote on the following item. It was moved and seconded (Aldrich/Dickinson) the Transfer of Ownership for a 3.2% Retail Beer License application from Edwin Davis to Ahmed I. Zaina dba BEAVER POINT QUICK STOP GROCERY, 911 Moraine Ave., be approved, and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Dickinson, Garrett, and Habecker. Those voting "No" none. Those "Abstaining" Trustee Hix. 5. Ordinance #7-90. Trustee Aldrich introduced, and Town Attorney White read in full, an ordinance extending the moratorium period through September 25, 1990 on certain uses of land within the CD and CO Zoning Districts relating to commercial amendments, and moved it be passed and adopted. Following discussion pertaining to the possibility on reviewing Title 17 in its entirety, 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 the ordinance duly passed and adopted and ordered it numbered 7-90 and published according to law. 6. At Mayor Dannels' request, it was moved and seconded (Hix/Barker) the appointment to the Estes Park Urban Board of Trustees - June 26, 1990 - Page three Renewal Authority Board be continued to July 10, 1990, and it passed unanimously. 7. Pursuant to Administrator Klaphake's briefing, it was moved and seconded (Hix/Garrett) the appointment to the Estes Park Public Library District Board be continued to July 10, 1990. 8. Reed Smedley/Estes Park Jaycees requested a $500.00 guarantee from the Town to help defray the cost for the 1990 July 4th Fireworks Display. It was moved and seconded (Hix/Garrett) the request be approved, and it passed unanimously. Correspondence. 1. Clerk O'Connor read a letter dated June 5, 1990 submitted by Alan Aspinall, President/Estes Valley Spring Fest, Ltd. regarding "The Great Spring Funoff" Festival held May 19, 1990. Mayor Dannels declared a one -hour recess and advised that the meeting would reconvene at 7:00 P.M. Mayor Dannels called the meeting to order at 7:05 P.M. 3.A. Special Review Request 90-1. Trustee Habecker cited a "conflict of interest" and stated he would not partic- ipate in discussion nor vote on the remaining agenda items. Mayor Dannels opened a public hearing to consider an amendment to the Development Plan submit- ted by Lynn Kinnie. Town Attorney White commented that discussion would be limited to review of the dedication of a river access from the Big Thompson River, vacation of a portion of Prospect Village Drive, and landscaping. Bill Van Horn, representing the applicant, addressed the Trustees and stated that the following conditions were placed on the first approval of the development plan by the Town Board: proximity of parking to the river, adequate space from the river, landscaping to Town standards and the rendering (as presented). In response to those conditions, and following a meeting with Director Stamey, a plan was developed to move parking to where the existing street is now located, while still providing parking an adequate distance from the river. An area along the river will be vacated back to private ownership. The special request contains all of the above changes from the original development plan. Mr. Van Horn identified those conditions attached to the request by the Planning Commission, and to which the applicant agrees: public access and utility easement through the parking area identified; asphalt identified at the surface of the parking area and track; ramp access maximum grade of 8%; a minimum 15" culvert for drainage; the cottonwood plantings shown on the landscape plan; fencing material and height will be specified; guardrail material specified; there will be no freestanding sign, nor outside storage; building will be constructed in accordance with the previously submitted architectural rendering; and there will be no fuel storage on site. Alternate methods of lighting detail are being con- sidered. In addition, "the landscaping plan signifi- cantly exceeds Town requirements." Due to security and liability concerns, the fence is necessary and it will be moved back into the lot and screened. There were no persons speaking in "favor of" or in "opposition to" the special review request. Director Stamey confirmed the lighting plan should be reviewed for alternate methods of lighting, and that the outside storage condition include tires, carts, etc. Board of Trustees - June 26, 1990 - Page four In addition, a note should be added to the plat identifying the previous Town Board conditions regard- ing noise, pollution, landscaping, and building construction set February 27, 1990. There being no further testimony, Mayor Dannels closed the public hearing. It was moved and seconded (Barker/Aldrich) Special Review Request #90-1 be approved with the inclusion of the lighting amendment, no outdoor storage and those previous conditions set by the Town Board, and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Dickinson, and Hix. Those voting "No" none. Those "Abstaining" Trustees Garrett and Habecker. B. Amended Plat of Lots 5A and 9, Prospect Village Subdivision. Mayor Dannels opened a public hearing to consider the aforestated amended plat. Bill Van Horn, representing the applicant (Lynn Kinnie) stated that the plat reflects the changes necessitated by the amendment to the Development Plan: vacates a portion of Prospect Village Drive north of the proposed Lot 9A and combines this street section with Lot 9A; public dedication by virtue of a deed, with a restriction that the vacation is to be used for open space and parking. Those speaking in "favor of" the plat: Frank Williams, who commented this amendment will not adversely impact his property (Lots 1 and 2, Prospect Village Subdivision). There being no further testimo- ny, Mayor Dannels declared the public hearing closed. It was moved and seconded (Barker/Hix) the Amended Plat of Lots 5A and 9, Prospect Village Subdivision be approved with the five (5) conditions as setforth by the Planning Commission, and it passed by the follow- ing votes: Those voting "Yes" Trustees Aldrich, Barker, Dickinson, and Hix. Those voting "No" none. Those "Abstaining" Trustees Garrett and Habecker. Town Administrator Klaphake outlined the public hearing procedure that would be followed for the following agenda item, and con- firmed consideration would be given to Plan "B" only, as Plan "A" was no longer in existence. C. Go -Cart Development/Appeal of EPURA Denial. Mayor Dannels opened a public hearing to consider Lynn Kinnie's appeal of the proposed development on Lots 5A and 9, Prospect Village Subdivision. Bill Van Horn, representing the applicant, stated that the Trustees were being asked to decide if the applicant was treated fairly by the process. Mr. Van Horn commented on: EPURA's role as an appointed, not an elected board; the Estes Park Downtown Redevelopment Plan (the "Plan") contains suggestive/broad language; and EPURA serves as a second Planning Commission. Mr. Van Horn addressed and/or clarified the following items con- tained in EPURA's Resolution #147 (denial of the proposal): A --land use, B--river corridor, C--entry areas, D--visual, auditory, and aesthetic impact, E--year-round development, and F--image. Mr. Van Horn requested the applicant's "Statement of Intent" be made a part of the record of these proceedings by reference thereto. Mr. Van Horn stated that the process followed by EPURA was in violation of Statute 29-9-101 C.R.S., and that the applicant has complied with the Town's zoning regulations. Those persons speaking in "favor of" the proposed development: Charlie Barker, Glen McKee, Lou Canaiy, Frank Williams, Raymond Smith, and Linda Gorden. Those speaking in "opposition": Ned Linegar, Edith Larsen, Steve Komito, Mary Bauer, and Linda Wisneski. Jim Windholz, Attorney/EPURA, requested that the following documents be made a part of the record of Board of Trustees - June 26, 1990 - Page five these proceedings by reference thereto: Memorandum from Executive Director Anderson to the EPURA Board, dated March 7, 1990; EPURA Special Meeting minutes dated March 29, 1990; EPURA Resolution #147 adopted March 29, 1990; and the entire record of the public hearing conducted March 15, 1990. Mr. Windholz encouraged the Trustees not to overturn EPURA's denial as no legal errors were made, and that the only "issue" was to determine whether the proposal was in compliance with the Plan. During the public hearing held 3/15/90, a petition (against this proposal) bearing 400 signatures was presented. Mr. Windholz requested said petition also be included as a part of the record of these proceedings by reference thereto, and addressed those areas of the URA Plan which did not comply. Town Administrator Klaphake summarized the following correspondence, all of which was in opposition: Spruce Lake RV Park 6/27/90 National Park Service 5/07/90 Helen Hondius 5/05/90 Ray and Louise Lindsey 5/13/90 Petition submitted by Madeline and Robert Framson bearing 108 signatures 6/26/90 Mary Ann Dornfeld ....... 6/18/90 Ralph and Patricia Guild 5/22/90 Julie Hunley 5/05/90 Marj Dunmire -- In rebuttal, Bill Van Horn stated safeguards were in place concerning noise and pollution; does the Plan override all else; the seasonal nature of businesses; where are applicants obligated to provide entry symbols; and positive tax base. Lynn Kinnie/Applicant, also addressed noise abd pollution; surrounding/existing commercial use; and the landscaping being planned is beyond what is required by the Town. Mr. Kinnie presented sign-up sheets bearing numerous signatures of those in favor of the proposal. Various photographs were also presented by Bill Van Horn and the Lynn Kinnie. There being no further testimony, Mayor Dannels closed the public hearing. In summary, Trustee Garrett stated that granting approval of the application would be materially detrimental to the public welfare; Trustee Dickinson stated the amended plan is better and quite acceptable; Trustee Barker stated that the applicant has met or exceeded zoning regulations and questioned the seasonality issue; Trustee Hix stated the Town should follow the Plan and uphold EPURA's decision to deny the proposal; and Trustee Aldrich stated that the citizens adopted the Plan, and urged the Town support EPURA in its decision. Resolution #13-90. Trustee Aldrich moved a resolution finding the proposed outdoor amusement is not in compliance with the Plan and that the application for the proposed outdoor amusement on Lots 5A and 9, Prospect Village Subdivision be denied. Town Attorney White read the resolution in full. Trustee Garrett seconded the motion. Trustee Dickinson commented that he could not vote in favor of the resolution as presented. Trustee Barker requested Community Development Director Stamey identify what other uses could be allowed on Lots 5A and 9, Prospect Village Subdivision; Director Stamey responded to the request. Those voting "Yes" Trustee Aldrich, Garrett, and Hix. Board of Trustees - June 26, 1990 - Page six Those voting "No" Trustee Barker and Dickinson. Those "Abstaining" Trustee Habecker. Mayor Dannels commented that the EPURA Board was appointed by the Board of Trustees and that they (EPURA) were charged with the responsibility of carry -out the Plan. Mayor Dannels expressed his appreciation to those participating in the public hearing. There being no further business, Mayor Dannels adjourned the meeting at 9:34 P.M. Mayor Town Clerk