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HomeMy WebLinkAboutMINUTES Town Board 1990-02-27irriun of "Estes Minutes of a ark, Lorimer County, Colorado, regular February 27 19 9° 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 ..27.th day of Eebruary ..... A. D. 19.9.0. at regular meeting hour. Meeting called to order by Mayor H. B. Dannels Present: Mayor H. B. Dannels Trustees: Also Present: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney 57nit: 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 7:30 P.M. CONSENT CALENDAR: 1. Town Board minutes dated February 13, 1990. 2. Bills. 3.A. R 7-11 3.2% Retail Beer License, 350 West Riverside Drive - Renewal. Trustee Hix moved the Consent Calendar be approved. Trustee Aldrich seconded the motion and it passed unanimously. ACTION ITEMS: 1.A. Minutes of the Public Works Committee meeting held February 15, 1990 were read. Trustee Aldrich moved the minutes be approved. Trustee Barker seconded the motion and it passed unanimously. B. Minutes of the Public Safety Committee meeting held February 22, 1990 were read. Trustee Garrett moved the minutes be approved. Trustee Aldrich seconded the motion and it passed unanimously. C. Minutes of the Stanley Park Committee meeting held February 26, 1990 were also read. Town Administra- tor Klaphake reiterated that following discussion on proposals for construction of a barn with General Manager Scott specifically pertaining to the cement and footing details, prices may change. If the change is minute, staff will proceed, if not, the proposals will be returned to the Committee for further consideration. 2.A. Minutes of the Planning Commission meeting held February 20, 1990 were submitted. A.1. Lot 30, Stanley Heights, Addition "B". Mayor Dannels opened a public hearing to consider the Amended Plat of Lot 30, Stanley Heights, Addition "B", Robert L. Porter/Applicant. Town Planner Stamey reviewed the request to divide the existing 1.30 acre lot into two (2) equal lots of 0.65 acres Board of Trustees - February 27, 1990 - Page two each. There were no persons speaking in "favor" of the proposal. Those speaking in "opposition": Merwyn Joens, 1041 Otis Lane. Mr. Joens presented a petition which contained 19 signatures of area property owners opposing the division, and briefed the Trustees on the minimum lot area required for E-Estate zoning. The following documents and or correspondence in opposition was submitted and made a part of the record of these proceedings by reference thereto: Warranty Deed dated August 13, 1947 Petition John V. Roberts Mary E. Jones Mr. & Mrs. J. Donald Pauley Doris B. Walsh Marianna Batt There being no further testimony, Mayor Dannels declared the public hearing closed. Trustee Hix moved the Amended Plat of Lot 30, Stanley Heights, Addition "B", be denied. Trustee Garrett seconded the motion and it passed unanimously. A.2. Block 2, West Park Center Resubdivision. Mayor Dannels opened a public hearing to consider the Amended Plat of Block 2, West Park Center Resubdivision, Leonard C. Molander and the Town of Estes Park/Applicants. Planner Stamey briefed the Trustees on the application commenting the appli- cants desire to divide an existing lot into two (2) lots. Lot 1 contains 1.538 acres and it is being donated to the Town by Mr. Molander for open space purposes. The proposal includes an additional access to Fall River. Administrator Klaphake spoke in "favor" of the amended plat, reporting Mr. Molander placed two conditions on the donation of land: (1) EPURA secure an appraisal of the proper- ty, and (2) the Town submit the property through the subdivision process. EPURA is securing the ap- praisal the Town is submitting the amended plat. There being no persons speaking in "opposition" to the plat, Mayor Dannels declared the public hearing closed. Trustee Hix moved the Amended Plat of Block 2, West Park Center Resubdivision be approved. Trustee Aldrich seconded the motion and it passed unanimously. A.3. Special Review #89-6 Carriage Ride Commercial Amusement. Mayor Dannels opened a public hearing to consider Special Review Request #89-6 for a Commer- cial Amusement, Hy-Land's Tours, Inc./Applicant. Pat Hyland, owner, offered testimony in "favor" of the request, advising the application includes operating carriage rides for special occasions such as weddings, anniversaries, etc. on designated routes throughout Estes Park on a year-round basis. High traffic areas and times will be avoided. The carriage is approximately 10' long, 6' wide, and will be pulled by a single horse, equipped with a waste catching device. Prior to each event, Mr. Hyland will contact the Police Department to discuss the route to be followed. Liability insurance was also addressed during the Planning Commission meeting, and Mr. Hyland will add the Town and State of Colorado to a policy with limits of $150,000/$400,000. There being no persons speaking in "opposition" to the amusement, Mayor Dannels declared the public hearing closed. Trustee Garrett moved Special Review #89-6 Hy-Land's Tours, Ltd. Board of Trustees - February 27, 1990 - Page three Commercial Amusement be approved. Trustee Hix seconded the motion and it passed unanimously. A.4. Special Review #89-7 Estes Park Conference Center. Mayor Dannels opened a public hearing to consider Special Review Request #89-7 for the Estes Park Conference Center, Town of Estes Park/Applicant. Town Planner Stamey summarized the Town's proposal to develop a 21,200 sq. ft. conference center south of, and adjacent to, the Holiday Inn. Thorp Associ- ates is the lead architectural firm, C. W. Fentress and Associates is the associate architectural firm, and Public Works Director Widmer is the Project Manager. The Town has entered into a public/private partnership with Rex Maughan dba Forever Living Products (owner of the Holiday Inn complex). Planner Stamey reviewed access, landscaping and parking issues, stating that the Town has received a Special Use Permit from the Bureau of Reclamation which will allow the power plant parking lot to be used for overflow parking (70 spaces). Sidewalks will be provided across the Highway 36 and 7 traffic islands to link the BOR parking area with the conference center. In addition, the entry structure exceeds the 30' height limitation. The peak of the pitched roof is 52' with 38' columns. The archi- tects believe the design provides proper emphasis to the facility, that it will serve to interrupt the mass of the building, and that the entry will make the conference center more identifiable and separate from the Holiday Inn facility. Bill Van Horn addressed the Trustees stating he supports the conference center; however, he questioned the need for the height variance (intrusion of the view), and copper roof. Administrator Klaphake and Planner Stamey responded to and clarified the design of the conference center. There being no further testimo- ny, Mayor Dannels closed the public hearing. Trustee Garrett moved Special Review #89-7 for the Estes Park Conference Center be approved. Trustee Aldrich seconded the motion and it passed unanimous- ly. A.5. Special Review #90-1 Go -Cart Track Commercial Amusement. Mayor Dannels opened a public hearing to consider Special Review Request #90-1 for a Go Cart Track Commercial Amusement, Lynn Kinnie/Applicant. Town Planner Stamey briefed the Trustees on the request to develop a go-cart track and related services on Lot 5A, Prospect Village Subdivision, adding, that the Commission personally attended a demonstration of a cart on -site February 21, 1990. The Planning Commission recommended denial of the request by a 4 - 3 margin. Bill Van Horn, repre- senting the applicant, addressed the Trustees presenting a rendering of the proposed facility. The amount of asphalt will be reduced, vehicle tires will not be used, and a tasteful building, using "streetscape" lighting and coloring is being proposed. The structure will house food service, electronic games, ticket office, night storage and repair, and public restrooms. The carts are typical state-of-the-art models with a 5 horsepower Honda engine. 24 carts will initially be used: 12 operating and 12 used to load and unload passengers. Applicant intends to operate up to 40 carts. Mr. Van Horn also addressed noise and air pollution concerns. Testimony in "favor" of the request was heard from the following: Andy Andrews, Frank Williams, Ralph Steinhebel, David Floyd/Electronic Endeavor, Harvey Hicks, Richard Wood, Ray Smith, Board of Trustees - February 27, 1990 - Page four Mark Brown, Linda Gordon, Al Sager, Don Gorden, and Bo Williams. Mayor Dannels declared a 5-minute recess. The Board of Trustees reconvened at 10:00 P.M. Testimony in "opposition" to the request was heard from the following: Rich Pomponio, Bill Lane, Jr., Jean Weaver, Ned Linegar, Joseph Blumrich, Edith Larsen, Margery O'Shea, and Mike Miller. In rebuttal, Mr. Van Horn stated that the applicant was willing to modify the carts to meet whatever noise ordinance the Town imposed, plus the applicant was willing to guarantee that noise from the opera- tion will never exceed background noise of the Moraine Avenue and East Riverside Drive that already exists. Mr. Van Horn confirmed music would not be used to attract or entertain customers. Discussion also included decibel levels. Lynn Kinnie addressed the Trustees confirming that the noise will, at all times, be lower than that noise which already exists. Discussion included a "conflict of interest" con- cern, public safety, personnel, noise testing device, parking, long range planning, appropriate- ness of such a facility on this particular site, and scenic beauty. The following documents and/or correspondence was acknowledged and made a part of the record of these proceedings by reference thereto: In Favor: Petition containing 341 signatures Petition from Students containing 113 signatures William J. Marshall Paul Rumachev Matt McCrea Raymond P. Smith Linda Gorden Diane V. Perry Franze Dieter d'Alquen Kathryn Blessman In Opposition: Mr. and Mrs. W. K. Reeser Tom Watts, President/ARD Nicky's Resort, Inc. Mr. and Mrs. J. W. Garrett Mary Lamy Mrs. Mary E. Jones Lorraine Roberts EVIA There being no further testimony, Mayor Dannels declared the public hearing closed. Trustee Habecker moved Special Review #90-1 for a Go -Cart Track Outdoor Amusement be approved subject to the following conditions, site plan, and rendering: That any noise from the operation of the facility that is annoying to any residence or business located in the general vicinity of the facility, and is measured to be above the ambient level at the complainant's property line will be reduced to said ambient level by the applicant, or the facility will be closed. Board of Trustees - February 27, 1990 - Page five If it is determined that the operation of the facility is causing an adverse or discernible impact on air pollution in the area, it will be corrected, or the facility will be closed. Landscaping will be provided pursuant to staff recommendations, Municipal Code, and perspective drawings, as presented. Should negotiations between staff and the developer reach an impasse, the proposal will be re -submitted to the Planning Commission for their consideration. Trustee Dickinson seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Dickinson, Habecker and Hix. Those voting "No" Trustee Garrett. Staff's interpretation of the motion is attached hereto and made a part of the record of these proceedings. 3. Town Attorney White briefed the Trustees on the Fifth Amendment to the Contract to Purchase Windy Gap Water between M.D.C. Land Corporation, Superior Metropolitan District No. 1, and the Town of Estes Park. In summary, the Amendment authorizes M.D.C. and the Superior Metropolitan District No. 1 to postpone the March 1st payment until August 1, 1990. 8% interest will be paid from March 1 - August 1, and the payment to the Municipal Subdistrict will be made April 1. Trustee Garrett moved the Mayor be authorized to execute the Fifth Amendment to the Contract to Purchase Windy Gap Water. Trustee Aldrich seconded the motion and it passed unanimous- ly. 4. Town Administrator Klaphake briefed the Trustees on a proposed donation of a piano by a Committee of Citizens committeed to music excellence. The intent is that the piano will be primarily used in River- side Plaza, and stored at The Wheel Bar. Trustee Aldrich moved the Town be authorized to accept the donation. Trustee Hix seconded the motion and it passed unanimously. Following completion of all agenda items, Mayor Dannels expressed his appreciation to all in attendance for their participation, and adjourned the meeting at 11:52 P.M. Mayor Town Clerk ATTACHMENT SPECIAL REVIEW #90-1 GO-CART TRACK February 27, 1990 STAFF INTERPRETATION OF MOTION: 1. NOISE. It is staff's interpretation that the ambient noise level that exists, without the go-cart facility, is the base noise level. If the facility adds to or increases ambient noise level at a complainant's property line above said noise level, then a violation exists. For example: if the ambient noise of the area is tested at 60 decibels, the cumulative noise, ambient plus the go-cart facility in operation, shall not exceed 60 decibles. 2. LANDSCAPING. Applicant will submit a detailed landscape plan for review and approval. The landscape plan will address site plantings, fencing and lighting. In addition, a revised development plan will be submitted which will address modifications to site improvements, including parking, river access and location of improvements. All landscaping shall be installed prior to issuance of a Certificate of Occupancy. It is also understood that the building will be constructed in accordance with the building rendering.