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HomeMy WebLinkAboutMINUTES Town Board 1995-07-25Town of Estes Park,Larimer County,Colorado,.JUJY.25.,19.95• Minutes of a •Reg1ar...meeting of the Board of Trustees of the Town of Estee Park,Larimer County,Colorado.Meeting held in the Municipal Building in said Town of Estee Park on the ..day of 4Y...,A.D.,19. at regular meeting hour. H.Bernerd DannelsMeetingcalledtoorderbyMayor Present:Mayor H.B.Dannels Trustees:Robert L.Dekker, Mayor ProTein Susan L.Doylen, Stephen W.Gillette, William J.Marshall Also Present:Gary F.Kiaphake, Town Administrator Gregory A.White, Town Attorney Vickie O’Connor, Town Clerk Absent:Michael F.Miller,Trustee J.Donald Pauley,Trustee Mayor Dannels called the meeting to order at 7:33 P.M. PUBLIC INPUT. There was no public comment. CONSENT CALENDAR: 1.Town Board minutes dated July 11,1995. 2.Bills. 3.Committee Minutes: A.Light and Power,July 13,1995. B.Planning Commission,July 13,1995 (acknowledgement only). 4.Amended Plat of Lots 7,8,25,and a Portion of Lot 24,Block 10,Town of Estes Park,Rex Miller/Applicant -Refer back to Planning Commission. 5.Special Review of Development Plan #95—8,A-l Trash Service Facility,Tract 10,Beaver Point,Second Addition -Continue to August 22,1995. 6.Final Plat of Grey Fox Estates,Second Filing —Continue to August 8,1995. It was moved and seconded (Dekker/Gillette)the consent calendar lie approved,and it passed unanimously. ACTION ITEMS: 1.Presentation of Community Survey Conducted June 22-28,1995. Administrator Klaphake reported that the 1995 Community Survey was conducted by Talmey Drake Research &Strategy,Inc.The Town’s initial survey was conducted in 1988,followed by 1993 and the third in 1995.Paul Harstad,Vice President/Talmey Drake and J.W.Postal presented the survey.The results were based on 404 random telephone interviews with residents of the Estes Valley area who were 18 years old or older.Interviews were conducted from June 22 to June 28,1995.Quotas were Board of Trustees -July 25,1995 -Page 2 established to obtain proportional representation for men and women,and to allocate half the interviews within the Town limits and half outside Town limits,yet within the Valley. The random sample of 404 has a 95%confidence interval of plus or minus 4.7%. Mr.Harstad reviewed several graphs,and according to the survey,the most important problems facing the Estes Park were: Excessive growth 63% Housing 37% Schools/Education 30% Traffic/Parking/Congestion 29% Economic Problems 16% Environmental Protection 15% Miscellaneous items:(1)a total of 64%of the respondents stated that the Town should set a limit on the number of residential building permits/year;(2)78%agree that EPURA should continue to build local projects such as riverwalks, public parking,parks and open space areas;(3)66%believe Estes Park tourism should remain at about the same level in the next few years;(4)50%agree that local taxes are too high and the Trustees must cut the local tax burden;(5) services that are “falling short”(selected categories)87% seasonal housing,parking 75%,public transportation 61%,open space 49%,education 23%.The 2%indicated for crime is a record low.;(6)52%agree that the Town should financially support watchable wildlife tours/wildlife interpretive center, 75%agree that the Town should adopt more strict regulations to protect wildlife habitat and migration areas from new development,and 79%agree that the Town should ban helicopter and airplane sightseeing flights over RMNP. In general,the 1995 survey collected similar results as compared to previous surveys,with some slippage in the question of whether Estes Park was headed in the right direction:in 1938,72%agreed that Estes Park was headed in the right direction.In 1995,the percentage was 62%.Mr. Harstad noted that although 62%is a good score,the trend should not be ignored. Questions on the Library District (expanding Library computer services,purchase additional books,hire additional staff), Recreation District (whether current facilities/activities meet the community’s needs),and School District (whether public school facilities are overcrowded,underutilized,or about the right capacity)were also included Mayor Dannels expressed the Board’s appreciation to Mr. Harstad for his presentation,acknowledged receipt of the report,and Administrator Klaphake voiced his appreciation to Ass’t.Administrator Widmer for his efforts on this project. 3.A.Manske Addition Annexation.Staff advised that a valid petition opposing the zoning change for this property had been submitted,and such action requires that five Trustees be present.Four members were present,and Trustee Pauley notified the Town late Tuesday afternoon that he would be unable to attend the meeting.Trustee Pauley was reached and he advised that he could be present by 9:15 P.M.Thus,Mayor Dannels noted that this item would be considered at approximately 9:15 P.M. Applicant’s Representative Van Horn stated that the Applicant is requesting the item be continued as he (Mr.Van Horn)was advised by staff at 5:00 P.M.that the requisite number of Trustees would not be present. Board of Trustees -July 25,1995 -Page 3 Concern was expressed with continuing the hearing for the residents who were in attendance.Town Attorney White clarified the status of the public hearing relative to a quorum of five members,and it was moved and seconded (Dekker/Gillette)the Manske Addition Annexation lie continued to August 8,1995,and it passed unanimously.Trustee Doylen urged affected residents who may be unable to attend the August 8 public hearing to forward correspondence to the Town. Trustee Pauley joined the meeting at 8:40 P.M. 2.Archery Hunting Policy 1995/96 -Fish Hatchery/Fall River Hydro Plant Property.Pursuant to the Light and Power Committee’s recommendation,it was moved and seconded (Gillette/Dekker)the Archery Hunting Policy for the Fish Hatchery/Fall River Hydro Plant Property be extended to 1995/96,and it passed unanimously. 3.B.Appeal of Planning Commission Decision to Deny the Amendment to Development Plan #94-2,lot 2A,Amended Plat of Lots 1 and 2,Block 4,lone Pine Acres,First Addition,Lester Schmidt/Applicant (continued from July 11,1995).Community Development Director Stamey briefed the Trustees on the request to amend Development Plan #94-2 -the original plan included a fence along the east side of the storage area and a landscaped area on the east side of the building.Instead, a paved driveway and gate have been constructed to access the storage area on the east side of the building,resulting in increased impervious coverage.Asked when the deviation to the plan occurred,staff responded that the change occurred during construction in April.The Town was notified of the change by a neighbor;staff then notified the Applicant that a revised development plan must be submitted. Paul Kochevar/Applicant’s Representative,stated that the requested appeal to the Planning Commission did include the gate on the east side,and the access way (to the east)to the gate.Mr.Kochevar presented copies of staff comments to the Planning Commission,minutes of the 6/20/95 and 3/15/94 Planning Commission meetings,plus a section of the Municipal Code.When the Applicant asked Mr.Kochevar if the relocation of the gate and driveway were in compliance with the Code,Mr. Koclievar advised that yes,these items were in compliance; however,he would confirm his response with the Town. Director Stamey advised that a revised development plan must be submitted.Such was accomplished in May.In the interim, a paving contractor was in Estes Park,and,based upon economics,not that the Planning Commission has no jurisdiction on this issue,the Applicant elected to have the driveway paved.In Mr.Kochevar’s opinion,the Applicant met all Code requirements.John Phipps,Attorney,referred to Section 17.36.010 5.noting that the Planning Commission cannot deny the revision based upon the seven criteria as contained in said section--the Applicant has met all requirements,and the Plan has been approved.Changes were made concerning surfacing and the gate;however,the Applicant did not act intentionally,he should not be penalized as he is in conformance with the specific ordinance.Mr.Phipps requested the Trustees consider only the two items referred to:surfacing and the gate. Mr.Kochevar added that the gate does remove function as a fence,and the Applicant will landscape with natural materials to make the area as attractive as possible;and confirmed that there is a total of 1,290 sq.ft.of asphalt which results in 76.7%impervious coverage. Director Stamey explained that at the eastern property line, the 6’fence has been changed to a gate that opens,and that the Planning Commission considered neighborhood concerns as to Board of Trustees -July 25,1995 -Page 4 how the new access drive relates to the neighboring E—Estate zoning relative to adequate screening and landscaping. Ralph Nicholas,1660 North Ridge,briefed the Trustees on his opposition to the proposal submitted in 1994 based upon traffic pattern/Raven Ave.,extensive excavation,and inadequate screening,stating that the Planning Commission and Town Board must be strong if they expect a strong department in the future.Ron Harvey,Lone Pine Acres,commented on inadequate screening relative to the gate and finished grade, inadequate landscaping on the north end (the trees do not measure 2½”diameter as required),parking violations on Raven Ave.and lack of enforcement by the Town,and he urged the Trustees to deny the revision and require the Applicant to comply with the original plan. Mr.Kochevar responded that the original plan required a 6’ site impervious fence and that the gate is 6’high.The fence to the north was installed at the owner’s own decision and it meets requirements;other items addresses mentioned above are enforcement issues.Referring to the 3/15/94 Planning Commission minutes,Mr.Kochevar confirmed that the Town does not have zoning regulations that address aesthetics.Mr. Phipps stated that an impasse has been reached which calls for compromise. Discussion followed concerning drainage,and whether landscaping with 2½”diameter trees would provide sufficient screening.Carol Prince,commented that when the Applicant installed the asphalt where the business area was intended, neighborhood privacy and separation from business was compromised.Attorney White noted that the ordinance provides for development plan review,and certain conditions may be attached.The Planning Commission did attach conditions and these conditions were not met. There being no further discussion,it was moved and seconded (Pauley/Doylen)the Appeal of the Planning Commission decision to deny the amendment of Development Plan #94-2 for Lot 2A, Amended Plat of Lots and 2,Block 4,Lone Pine Acres,First Addition be denied,and it passed by the following votes: Those voting “Yes”Trustees Dekker,Doylen,Marshall and Pauley.Those voting “No”Trustee Gillette. C.Amended Plat of Lot 2,James Subdivision,Tad &Dean Warmer/Applicant.At the Applicant’s request,it was moved and seconded (Gillette/Doylen)this Amended Plat be continued to August 8,1995,and it passed unanimously. D.Amended Flat of Lots 8 and 9,Arapaho Meadows,Phase I,Mary Ann Kundtz/Applicant.Applicant’s Representative Bill Van Horn reported that this request is to adjust the interior lot line between Lots 8 and 9,and that all Planning Commission conditions have been met.There being no further testimony, it was moved and seconded (Dekker/Marshall)the Amended Plat of Lots 8 and 9,Arapaho Meadows,Phase I be approved,and it passed unanimously. 4.Ordinance #11-95 Granting a Utility Easement for Lot 8, Stanley Historic District.Staff reported that the owner of Lot 9 is requesting an easement from the Town to cross Lot 8 to tap into an existing sewer manhole.Attorney White read the ordinance,and,as there was no further discussion,it was moved and seconded (Doylen/Gillette)the Ordinance be approved contingent upon the Owner of Lot 9 ensuring little or no damage disturbance on Lot 8,and it passed unanimously. Whereupon Mayor Dannels declared the Ordinance duly passed and adopted,ordered it numbered 11-95,and published according to law. Board of Trustees —July 25,1995 —Page 5 5.A.Municipal Building Paint and Trim -Reguest to Proceed and Expend Funds. B.Police Department Roof Replacement -Reguest to Proceed and Expend Funds. Construction and Facilities Manager Sievers reported that due to the cancellation of the July 27 Public Works meeting,the two above—mentioned requests were being submitted directly to the Town Board.The 1995 Budget contains $17,000 for repainting and maintenance improvements to the exterior of the Municipal Building.The building was last painted in 1983. Staff requested authorization to expend $12,000 for painting preparation;actual painting will be proposed in the 1996 Budget. The 1995 Budget also contains $7,000 for replacing the asphalt and gravel roof of the Police Department wing of the Municipal Building.The existing roof has had numerous leaks for the last few years and is due for replacement. It was moved and seconded (Marshall/Gillette)Items 5A and SB be approved as presented,authorizing staff to proceed and expend the funds,and it passed unanimously. 6.Town Administrator’s Report: A.CIRSA has awarded a Motor Vehicle Safety Award to the Town for 1994. B.The Board will conduct a Budget Study Session July 25 from 7:00 -8:30 A.M.to discuss capital improvements for 1996. Following completion of all agenda items,Trustee Gillette commented on the need for dependable zoning regulations,adding that ordinances should be in place so as to avoid grey areas. There being no further business,Mayor Dannels adjourned the meeting at 9:46 P.M. H.B.Dannels,Mayor .z? Vickie O’Connor,Town Clerk