HomeMy WebLinkAboutMINUTES Town Board 1995-08-22Town of Estes Park,Larimer County,Colorado,•..,19.95.
Minutes of a .Regu1ar ..meeting of the Board of Trustees of the Town of
Estes Park,Larimer County,Colorado.Meeting held in the Municipal Building in
said Town of Estee Park on the .
.day of ..
.•Aiut
,A.D.,
at regular meeting hour.
H.Bernerd Dannels
Meeting called to order by Mayor
Present:Mayor Trustees:
H.B.Dannels Robert L.Dekker,Mayor
ProTem
Stephen W.Gillette,
William J.Marshall,
Michael E.Miller,
Also Present:Gary F.Kiaphake,J.Donald Pauley
Town Administrator
Gregory A.White,
Town Attorney
Vickie O’Connor,
Town Clerk
Absent:Susan L.Doylen,Trustee
Mayor Dannels called the meeting to order at 7:30 P.M.
PUBLIC INPUT.
Bill Van Horn addressed the Board concerning land use decisions on
land planning:the Town Board must ensure a balance between
community desires and low/mid—income families housing needs.
Louis O’Riordan reiterated his request for the Town to eliminate
the 4%local sales tax on groceries and delete funding of the
Advertising Budget.
CONSENT CALENDAR:
1.Town Board minutes dated August 8,1995.
2.Bills.
3.Committee Minutes:
A.Public Safety,August 17,1995.
B.Planning Commission,August 15,1995 (acknowledgement
only).
C.Amended Plat of Lot 2,Tanton Subdivision,Dave
Tanton/Applicant -Continue to September 12,1995.
D.Final Plat of Tracts 96A and 96B,Placid Lake
Subdivision,J.R.and Rachael Preston/Applicant -
Continue to September 12,1995.
It was moved and seconded (Gillette/Marshall)the consent calendar
be approved,and it passed unanimously.
ACTION ITEMS:
The Board shifted items on the agenda to accommodate Trustee
Doylen;however,the minutes correspond to the Agenda.
l.A.Manske Addition -Zoning decision,Ordinance #14—95.Trustee
Doylen joined the Board for this item.Mayor Dannels stated
that the Public Hearing was closed August 8,1995,and that
the Board would not hear additional public comment at this
time.Attorney White read an Ordinance establishing R-S
Board of Trustees -August 22,1995 -Page 2
zoning for the Manske Addition.Stating that the Board is in
receipt of a letter from the neighborhood supporting R-S
Single Residential zoning,that R-S zoning could allow up to
three single-family dwellings or two duplex units on this site
(with subdivision),that R-S zoning is consistent with the
balance of the neighborhood and the Master Plan,that E-Estate
zoning does not guarantee superior development,and that the
Applicant has made an effort to provide responsible
development,it was moved and seconded (Doylen/Gillette)the
R-S Zoning Ordinance lie adopted,and it passed by the
following votes:Those voting “Yes”Trustees Dekker,Doylen,
Gillette,Marshall and Pauley.Those voting “No”Trustee
Miller.Whereupon Mayor Dannels declared the Ordinance duly
passed and adopted,ordered it numbered 14-95,and published
according to law.
Trustee Doylen withdrew from the meeting.
B.Special Review of Development Plan #95-8,Tract 19,Beaver
Point,Second Addition,A-i Trash/Applicant.Trustee Gillette
declared a potential conflict of interest and vacated the
room.Community Development Director Stamey reported that the
Planning Commission conditionally approved Development Plan
#95-8 for a business facility for A-l Trash,which included a
recommendation for the Town Board to approve the 47.2%
impervious coverage (the current limit is 40%).The
Commission addressed sewer service,storage tank and
transportation of waste;however the Town Board must consider
the impervious coverage issue.Staff clarified the reference
to hazardous materials in the Planning Commission minutes——
washing of vehicles.The Applicant has had experience in
managing hazmat,and,if necessary,a system could be required
mandating that any effluent from washing vehicles be seized
and placed into the sewer system.Staff did request comments
from the Fire Dept.;however,the Dept.did not submit a
response.Mr.Kochevar stated that the Applicant’s
familiarity with hazmat or waste is limited,and that the
Applicant is not proposing to operate nor utilize the site for
sewage or sewer/septic system disposal or for bulk storage.
The Applicant is aware that on-site bulk storage is not
allowed under the Code.Mr.Koclievar stated that there would
be no liquid waste on the site.
Those speaking in “favor”:Applicant’s Representative Paul
Kochevar who presented an overall site plan,a cross—section
to scale indicating the relation of the elevation of
surrounding properties,and a similar reduced drawing.In Mr.
Kochevar’s opinion the additional coverage will not be harmful
to drainage,and he will provide erosion control design to the
Public Works Dept.
Those speaking in “opposition”:Dave Knect,Lot 16,Park
Entrance Estates.In summary,Mr.Knect voiced concern with
erosion control measures,and questioned Zoning Regulations
relative to bulk storage,average slope calculation,
enhancement of natural assets relative to the “Purpose”
section,use regulation schedule relative to industrial use,
outside storage,outside uses allowed under special review,
allowable fencing height,disturbances (sound/odor),
performance compliance,drainage/stormwater plan,and gasoline
storage tanks relative to EPA standards.Mr.Knect has owned
his property for three years and he urged the Town to abide by
their own existing rules/regulations.Robert Williams/Park
Entrance Estates expressed his opposition to 47.2%impervious
coverage and commented on this type of operation within close
proximity (25’)of E-Estate property lines,On behalf of Jane
Ramsey,745 Meadow Cir.,Mr.Williams conveyed concerns with
the storage/regulation of portable toilets which Ms.Ramsey
will view from her deck.Louis O’Riordan commented that if
Mr.Knect’s observations are correct,this item should be
Board of Trustees -August 22,1995 -Page 3
tabled pending additional review by the Planning Commission
and staff.
Attorney White responded that the bulk storage definition does
not apply to this Plan as bulk storage is not being proposed;
the Town regulates downstream property relative to drainage,
complaints on odor are enforceable and dealt with upon
receipt,and that the State of Colorado regulates gasoline
storage tanks.In addition,lateral support must be provided
during excavation.Director Stamey responded to concerns
relative to the slope calculation formula.Director Stamey
reiterated that the Planning Commission reviewed the
Development Plan in its entirety;and that impervious coverage
exceeds the limit by 7%(3,000 sq.ft).If the increase is
not approved,the proposal must be reduced by 7%.Staff also
reviewed landscaping and district boundary plantings relative
to topographical features (existing 20’grade change).While
Mr.Knect was absent at the Planning Commission,he did submit
a letter which was acknowledged.
Mr.Kochevar reported that proposed development will utilize
a 25’setback;commented on the elevation range and
view/buffer relative to adjacent properties;and the proposal
includes a cut along the western edge with excavation varying
from 6’to l$’±.
Stating that the plan is an allowable use for this site,the
Planning Commission reviewed and conditionally approved the
proposal,acknowledged the concerns raised by Mr.Knect and
the Town’s ability to enforce its Zoning Regulations,and the
limited property for development of this category,it was
moved and seconded (Dekker/Marshall)the Impervious Coverage
of 47.2%be approved,and it passed by the following votes:
Those voting “Yes”Trustees Dekker,Marshall,Miller and
Pauley.Those voting “No”none.Those “Abstaining”Trustee
Gillette.
Trustee Gillette resumed his position on the Board.
C.Fish Creek Addition Annexation (formerly submitted as
Waterbury Addition).As the Planning Commission continued
this annexation to their meeting scheduled September 19th,the
Town Board Public Hearing must,therefore,also be continued.
It was moved and seconded (Gillette/Dekker)the Fish Creek
Addition Annexation be continued to September 26,1995,and it
passed unanimously.
D.Final Plat of Grey Fox Estates,Second Filing,Richard &Ann
Barlow/Applicant.Mayor Dannels opened the Public Hearing.
Director Stamey reviewed the proposal to divide the 66.7-acre
site into 13 single—family lots.The Second Filing is being
developed concurrently with the First Filing.Planning
Commission conditions have been met,and the Attorney’s
Certificate has been received.A change is being made to the
Letter of Credit,and staff requested the plat not be recorded
pending confirmation that the change has been made.Attorney
White noted that the Bank has approved the change,and
verification should be received via fax this week.There
being no further testimony,Mayor Dannels declared the Public
Hearing closed.It was moved and seconded (Dekker/Marsliall)
the Final Plat of Grey Fox Estates,Second Filing be approved
and that the Plat not be recorded as described above,and it
passed unanimously.
E.Amended Plat of Lot 2,James Subdivision,Tad &Dean
Warmer/Applicant.It was moved and seconded
(Gillette/Pauley)the Amended Plat be continued to September
26,1995,and it passed unanimously.
F.Resolution #22-95 -Intent to Annex Mignery Addition.Town
Board of Trustees -August 22,1995 -Page 4
Attorney White read the Intent to Annex Resolution which
refers same to the Planning Commission for their consideration
and recommendation.It was moved and seconded
(Pauley/Gillette)Resolution #22-95 be approved,and it passed
unanimously.
G/Petition to Rezone Portion of Storer Ranch Addition.Attorney
White acknowledged receipt of a Petition to rezone a portion
of Storer Ranch Addition from C-C Commercial Outlying to E
Estate.The Petition was submitted by 23 neighbors to the
Storer Ranch Addition.The State Statutes do not provide
guidance nor procedure as to how to deal with the petition;
however,staff believes the Board has two options:(1)
disagree with the petition and take no action,or (2)refer
the petition to the Planning Commission for their review and
recommendation.Staff confirmed that the petitioners are not
the land owners.Ralph Nicholas,Chairman/Lone Pine Acres
Residents,presented an updated petition for a total of 59
signatures.The motivation for the petition is based upon the
Talmey—Drake community survey which found growth as the most
important problem facing the community.Proponents believe
the site should be considered in its entirety;this site also
serves as the winter range for an elk herd.In 1984,the
property was annexed and a 35—acre tract was zoned C—C.When
the land was under Larimer County jurisdiction,600’was
designated for commercial use and the remainder for
residential.The Comprehensive Plan also calls for 600’of C-
o and the remainder residential.Carol Prince,1720 High Pine
Dr.,addressed the Trustees with reasoning for the rezoning,
i.e.return the site to its original and appropriate zoning;
specific geologic features have been identified in the
Comprehensive Plan (earthquake fault);key wildlife area;and
population density.There being no further discussion,it was
moved and seconded (Pauley/Gillette)the Petition to Rezone a
Portion of Storer Ranch Addition be referred to the Planning
Commission,and it passed unanimously.
2.Introduction of Ordinances adopting the 1994 Edition of
Uniform Building Codes.Town Attorney White introduced four
separate ordinances relating to adoption of the Uniform
Building Code,Plumbing,Mechanical,and Abatement of
Dangerous Building,all 1994 Editions.The Public Hearing for
adoption of the Codes is scheduled September 12,1995.Copies
of the Codes will be available in the offices of the Town
Clerk and Building Official.
3.Special Event Liquor Permit -Sunrise Rotary Club/Autumn Gold
Event.Trustee Pauley declared a potential conflict of
interest and stated he would not participate in discussion nor
vote on this item.Clerk O’Connor advised the Sunrise Rotary
Club is requesting a Special Event Liquor Permit for the
Autumn Gold Event scheduled September 23 and 24,1995 in Bond
Park.It was moved and seconded (Gillette/Dekker)the Special
Event Permit for Sunrise Rotary be approved,and it passed by
the following votes:Those voting “Yes”Trustees Dekker,
Gillette,Marshall,and Miller.Those voting “No”none.
Those “Abstaining”Trustee Pauley.
4.Ballot Title for Park Entrance Estates S.I.D.(election
November 7,1995).It was moved and seconded
(Gillette/Pauley)this item be continued to September 12,
1995,and it passed unanimously.
5.Estes Valley Library District:Resignation and Re-Appointment.
It was moved and seconded (Dekker/Narshall)the Town accept
the resignation of Steven Little and Re-Appointment of Barbara
Ludwig,and it passed unanimously.Ms.Ludwig previously
served on the Library Board and she will complete a 4—yr.
term,expiring December 31,1995.
Board of Trustees -August 22,1995 -Page 5
6.Town Administrator’s Report:
A.Youth Center -Modular Building Lease Purchase Agreement.
Administrator Kiaphake presented said Lease Purchase
Agreement for the Youth Center Modular Building.The
Town and School District will provide capital
responsibility,and the Recreation District will provide
operations and maintenance responsibilities.The 5—year
Agreement contains one—year renewal options,and interest
rates were quoted as follows:
Estes Park Bank 5.99%
Key Corp 6.39%
First National Bank 6.93%
Park National Bank 7.00%
It was moved and seconded (Pauley/Gillette)the Mayor be
authorized to execute the Lease Purchase Agreement in the
amount of $59,925 at 5.99%Interest provided by the Estes
Park Bank,and it passed unanimously.
There being no further business,Mayor Dannels adjourned the
meeting at 9:00 P.M.
2)t/
H.B.Dannels,Mayor
Vickie O’Connor,Town Clerk
U