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Home My WebLink AboutMINUTES Town Board 1998-11-10Town of Estes Park,Larimer County,Colorado,November 10,1998 Minutes of a Regular 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 Estes Park on the 10th day of November,1998. Meeting called to order by Mayor Robert L.Dekker. Present:Robert L.Dekker,Mayor Susan L.Doylen,Mayor ProTem Trustees Jeff Barker John Baudek George J.Hix Lori Jeffrey William J.Marshall Also Present:Rich Widmer,Town Administrator Vickie O’Connor,Town Clerk Rebecca van Deutekom,Deputy Town Clerk Gregory A.White,Town Attorney Mayor Dekker opened the meeting at 7:30 p.m. PUBLIC COMMENT: Sylvia Vrabeck questioned why the Town is proceeding with the large screen theater when the Trail Gazette and Talmey—Drake surveys indicated there is no public support to include the authority to begin the project.Mayor Dekker responded that nothing has been decided on the project and he confirmed that EPURA continues to investigate all options.When and if EPURA submits a proposal,the Town Board will decide whether or not to proceed.EPURA is responsible for determining economic benefits of projects for the Town.Town Administrator Widmer added that the project has been ongoing for 6—8months;the purpose of the Talmey-Drake survey was to collect a database of information; Vrabeck urged the Board not to proceed unless they are absolutely sure that this is what the community wants. TOWN BOARD COMMENTS: Trustee Barker reported that feedback from the community, regarding the nightly rental ordinance,indicated that the license fee assessed for these rental locations should be amended from $50 to $150,therefore,it was moved and seconded (Barker/Hix)the Ordinance be amended to increase the license fee of nightly rentals from $50 to $150,and it passed by the following votes:Those voting “Yes”Trustees Barker,Hix, Jeffrey and Marshall.Those voting “No”Trustees Baudek and Doylen. CONSENT CALENDAR: 1.Town Board Minutes dated October 27,1998. 2.Bills. 3.Committee Minutes: Board of Trustees —November 10,1998 Page 2 A.Public Safety,November 5,1998: 1.Celebrate Estes —Horse—drawn Hayrides —approval 2.Municipal Building Generator —Authorization to purchase. B.Planning Commission,October 20,1998 (Acknowledgment only). C.Board of Adjustment,November 3,1998 (Acknowledgment only). 4.Mayor Dekker opened the Public Hearings and asked if there were any persons who would like to speak on the following plats.If not,they will remain on the Consent Calendar: A.Public Hearing:Amended Plat of Lots 12,13,and 14, Block 1,Fall River Estates,Lienemann,Golf,Harrison &Jobe/Applicants.No action.Applicant to request placement on future agenda. B.Public Hearing:Final Plat of the Amended Plat of Lots 3,4,5,6 and 7,Arapaho Estates Third Filing,Robert Koehier/Applicant. C.Public Hearing:Amended Plat,Lot 1,Block 3,Lone Pine Acres,Murphree,Brown,Gordon, Metchem/Applicants. D.Public Hearing:Amended Plat,Lot 3,Acacia Acres Addition,Stephen Murphree/Applicant. It was moved and seconded fHix/Jeffrey)the Consent Calendar be approved,and it passed unanimously. ACTION ITEMS: 1.1999—2000 Budget.Mayor Dekker opened the public hearing and Finance Officer Vavra presented the following 1999—2000 Budget documents: A.Highway Users Trust Fund,1999-2000.A memorandum explained how the Highway Users Trust revenues are proposed to be expended for highway related projects. B.Resolution #18—98 —Setting Mill Levy,1999.The Mill Levy for 1999 is 2.70865 mills.There was not an increase from 1998.Valuations have not been set for year 2000. C.Resolution #19—98 —Adopting Budget,1999—2000.On November 2’and 6th the Town Board held study sessions to review the 1999—2000 budgets and received public comments. D.Resolution #20-98 —Appropriating Sums of Money,1999- 2000. Mayor Dekker expressed the Board’s appreciation to Staff members on the Budget preparation. Board of Trustees —November 10,1998 Page 3 Public Comment:Ralph Nicholas questioned replacement of the Estes Substation in 2000 as opposed to 2003 as listed in the Master Plan.He stated that it appears that the Discovery Center project is proceeding without a public hearing.He recommended not listing the upgrade in 2000 until it is known what will develop with the Discovery Center project.Administrator Widmer stated that the equipment in the Substation is approximately 30 years old and the numerous outages last year prove that it is aging faster than anticipated in the Master Plan. There being no further testimony,Mayor Dekker closed the public hearing. It was moved and seconded (Hix/Doylen)Resolution #18-98 be approved,and it passed unanimously. It was moved and seconded (Doylen/Marshall)Resolution #19- 98 be approved,and it passed unanimously. It was moved and seconded (Doylen/Hix)Resolution #20-98 be approved,and it passed unanimously. 2.New Liquor Store License,filed by Paul Sauerzoph,dba Rocky Mountain High Discount Liquor,214 E.Elkhorn Avenue.Mayor Dekker reviewed procedure and then opened the public hearing.Mr.Sauerzoph introduced himself and his store manager,Joe Eyman.He also thanked Town Clerk O’Connor for her assistance during the licensing process.Trustee Baudek noted that the Town Board and the Police Department take liquor licensing and training very seriously.Mr.Sauerzoph stated that he contacted the State regarding the TiPs Program,and they have met with Chief Repola to discuss his concerns on selling to minors.Clerk O’Connor reported that the lease has not been completed and the application will be held pending receipt.There being no further public comment, Mayor Dekker closed the public hearing.The Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. Therefore,it was moved and seconded (Doylen/Jeffrey)the new liquàr store license application filed by Paul Sauerzoph,ciba Rocky’Mountain High Discount Liquor,be approved,and it passed unanimously.Town Clerk O’Connor will not process the application until the lease has been received. 3.Rezoning Request for Lots 2,3 and 16,Ranch Meadow Subdivision,Richard H.Wille Trust/Applicant.Mayor Dekker opened the public hearing.Three vacant lots are currently zoned C-C,Outlying Commercial.The applicant has submitted a petition to rezone these lots to R-M,Multiple.Family. Multi—family development.’is a permitted principal us in the C—C District,and the owner could.‘develop as such,subject to Development Plan Review and approval.The Planning Commission,recognizing testimony,,and that ..“preserving commercial zoning for commercial uses is .particularly important for land located along major arterial highways,” recommended denial of”the proposed rezoning from C-C Board of Trustees —November 10,1998 Page 4 Outlying Commercial to R-M Multi-Family.The recommendation passed on a vote of 4-1.Trustee Baudek noted that under present zoning,this project would be allowed (Reference: Municipal Code 17.12.030;(3)Develop consistent with the Town Comprehensive Plan).Trustee Doylen stressed the importance of preserving the commercial land base. Those speaking in favor:Applicant’s Representative,Bill Van Horn who requested the Board agree with certain “Statements of Fact”that he prepared.Trustee Baudek responded that it would not be appropriate to agree with the “Statements of Fact”without the ability to verify the information.Mr.Van Horn continued with the following comments:Mr.Wille should not be singled out;the compatibility of the surrounding properties should be considered;he believes there is a commercial zoning ratio of 25%;there have been numerous uses in C-O;the Town has never denied a landowner to apply for a more restrictive zoning;there have been inconsistencies with commercial use in the past;at issue is individual rights,and how appropriate it may be for the Town to dictate what a person can do with his own property;and,in his opinion,there is a lack of sound planning data to support denial. Opposition comments were heard by:Ralph Nicholas,who stated the Planning Commission should not perform in a vacuum;zoning laws should be followed;zoning laws give stricter guidelines for the Board of Trustees to follow; urged the Town Board to support the Planning Commission recommendation.Patrick Cipolla encouraged the Board to follow the recommendation of the Planning Commission and the Comprehensive Plan;and this request is a perfect example of why there should be a moratorium. Mr.Van Horn rebutted:Mr.Nicholas is opposed to anything that Mr.Wille has constructed.Trustee Jeffrey questioned the reasoning and advantage of rezoning.Attorney White confirmed that the applicant may lose the ability to build any additional units assuming the passage of the new Development Code.In addition,Attorney White clarified precedent-setting issues raised by Mr.Van Horn,adding that the applicant,not the Town Board,is charged with the responsibility to justify their rezoning request.There is no Town policy requiring applicants to rezone to a lesser degree.There being no further testimony,Mayor Dekker closed the public hearing. Town Board Comments:Trustee Baudek stated that the Town does have a responsibility to plan for the future using the Comprehensive Plan as a guide and the Board should take into consideration the recommendations of the Planning Commission.Trustees Marshall and Doylen noted that housing,especially affordable,is a very important issue. Trustee Barker confirmed that Mr.Wille does has the right to complete this project presently.The new Development Code is being developed and there will be a process for public input.Trustee Doylen suggested a compromise:the validity for a multi-family use of Lot 3 and 16 is apparent,there is less validity shown for a multi—family use on Lot 2. Therefore,it was moved and seconded (Doylen/Marshall)that Lots 3 and 16 be rezoned to R-M and Lot 2 remain C-C,and it passed by the following votes:Those voting “Yes”Trustees Board of Trustees —November 10,1998 Page 5 Barker,Doylen,Hix,Jeffrey,and Marshall.Those voting “No”Trustee Baudek. Trustee Baudek recommended enactment of a moratorium on certain commercial developments that are not consistent with the Estes Valley Comprehensive Plan,that would be in effect until the Development Code is adopted.Attorney White stated that the Board does have the ability to enact a moratorium and that there is a legal basis for a moratorium. The moratorium should be specific,non-discriminatory,and must follow a process.Mr.Van Horn stated his opposition. Mayor Dekker stated he does not favor moratoriums.Other Trustee comments included:the Town Board should consider the impact of moratoriums;rezoning issues are increasingly becoming more difficult;and a public hearing may solidify concerns. Attorney White counseled the Board on proceeding with a moratorium.Staff must be instructed on specific concerns. Trustee Doylen questioned requests that may be in process. Attorney White cited the Pending Ordinance Doctrine where the moratorium could be made retroactive.Following clarification,it was moved and seconded (Baudek/Doylen) staff draft an Ordinance enacting a moratorium on all developments in the C-O and C-D Districts not consistent with the Comprehensive Plan.The moratorium would be in effect until the Estes Valley Land Development Code is adopted by the Town Board,but in no case,longer than six months following adoption of said moratorium.Any developments that are currently filed and being reviewed by the Town will not be subject to the moratorium.The motion passed by the following votes:Those voting “Yes”Trustees Baudek,Doylen,Mix,and Marshall.Those voting “No” Trustees Barker and Jeffrey. 4.Amended Special Review 97-02,Lots 1A and 5A,of the Amended Plat of Lots 1 and 2,Lee and Alps Addition and of the Amended Plat of Lots 5A and 9,Prospect Village Subdivision, Lynn W.Kinnie/Applicant.This special review request was withdrawn by the applicant.No further action was taken. 5.Town Administrator’s Report: A.None. Following completion of all age the meeting at 9:40 p.m. Rebecca van Deutekom,Deputy Town Clerk items,Mayor Dekker adjourned yo r