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HomeMy WebLinkAboutMINUTES Town Board 2007-05-22Town of Estes Park, Larimer County, Colorado, May 22, 2007 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 22nd day of May, 2007. Meeting called to order by Mayor Baudek. I Present: Also Present: Absent: John Baudek, Mayor Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Town Attorney White Randy Repola, Town Administrator Jacquie Halburnt, Deputy Town Administrator Jackie Williamson, Town Clerk Bill Pinkham, Mayor ProTem I Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT. Tom Ewing/1082 Fall River Court reviewed his concerns with Bed & Breakfasts within residential neighborhoods including: the limited effectiveness and authority of the Town’s code enforcement officer; addressing the issue with clear terminology, definitions, rules, regulations and restrictions; should not be permitted in residential zones; require a minimum stay. TOWN BOARD COMMENTS. Trustee Blackhurst reminded the public that the Public Safety Committee would meet Thursday at 8:00 a.m. in the Town Board Room. CALL REASSURANCE PROGRAM fCARE) - UPDATE. Sergeant Pass provided an overview of the Database Systems Corp. software system that automatically calls a household at a selected time of day to check on the residents to ensure they are okay. This service can re-dial the same number several times looking for a response, and if none is received, a message can be provided to family members or a monitoring center. Several tests have been run with no major issues. The Police Dept, will place ads in the local papers, present to SALT at the Senior Center and notify the hospital and doctor offices. Currently the program is available to citizens within Town limits; however, the Police Dept, will contact the Sheriffs Dept, to see if they will respond to county calls. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 8, 2007. 2. Bills. 3. Committee Minutes: A. Public Works, May 10, 2007. 1. Large Loader Bi-Annual Exchange, Colorado Machinery - $15,279.00 Budgeted. B. Utilities, May 17, 2007. Board of Trustees - May 22, 2007 - Page 2 4. Estes Valley Planning Commission, April 17, 2007 (acknowledgement only). 5. Estes Valley Board of Adjustment, May 1,2007 (acknowledgement only). 6. Suri-Llama Contract. Mgr. Winslow. It was moved and seconded (Levine/Homeier) the Consent Agenda be approved, and it passed unanimously. 1A. PLANNING COMMISSION AGENDA (Approval ofl: Mayor Baudek opened the Public Hearing for the following Consent Agenda Items: 1. CONSENT ITEMS: A. AMENDED CONDOMINIUM MAP 1. Stone Brook Resort Condominiums, Amended Condominium Map, John Tucker/Applicant. B. SPECIAL REVIEW 1. Fun City Special Review 07-01, Lot 1A, Amended Plat of Lots 1 & 2, Lee & Alps Addition, and Lot 9A & Outlot A of the Amended Plat of Lots 5A & 9A, Prospect Village Subdivision, Slides, Inc. dba Fun City/Applicant. 2. Horse-Drawn Carriage Concession Special Review 07-02, Downtown Estes Park, Hearts & Tails Carriage Company/Applicant. As there were no comments, the Mayor closed the public hearing and it was moved and seconded (Newsom/Eisenlauer) the Consent Agenda be approved with Staff conditions of approval, and it passed unanimously. 2. ACTION ITEM: A. AMENDED CONDOMINIUM MAP Lazy-R Cottages Condominiums West, 895 Moraine Avenue, requests amendment to the map to remove building envelopes, accurately reflect development and remove development constraints that the prior property owner placed on the property. The declaration will be revised to correct errors in the original declaration and to reserve the right to build more units on the property. Adjacent property owners have expressed concern regarding the development on the property without permits and the impact to the surrounding neighborhood; therefore, they have objected to revisions to the approved condominium map. Staff supports the application to correct the existing map errors. This revision does not waive or modify the existing development plan approval. The developer must comply with the approved development plan and the Estes Valley Development Code regulations. Any changes to the development plan would require Town review and approval. If the developer does not resolve all issues within 60 days of Town Board approval the condominium map application will become null and void. Discussion followed regarding the timing of permits, limits of disturbance, if variances had been granted for the current development plan, construction that has taken place without proper permits, discussion on mitigating trespass on neighboring private I I I I Board of Trustees - May 22, 2007 - Page 3 property, staff level review of the development plan, and the previous landowner restricting building envelopes not required by the development code. Lindsay' Lamson/Owner stated the requested changes to the condominium map allow for decks and patios that the current map with the narrowly defined building envelopes do not. The current envelopes also leave little flexibility to fit a building into a building envelop due to trees, rock outcroppings or neighborhood concerns. He reviewed the current activity that has occurred on the property and the trespass concerns. Permits will be issued, but final inspection will not be approved until the map is recorded. Mr. Lamson stated he has discussed a split rail fence, signage and/or additional foliage to create a boundary to alleviate trespassing. Trustees Blackhurst and Levine stated their concerns regarding the trespassing and requested Mr. Lamson discuss the issue and resolution with the neighbors. Neighborhood comments were heard from Pat Aitken/740 Pine Meadow Circle and Judy Cary/1281 High Drive. Ms. Aitken is willing to work with Mr. Lamson on the trespassing issue. She did request the parking at unit 15 be reconstructed to the original 2002 Development Plan and that 5 trees near the southern pin marker be restored to the original 2002 plan. Ms. Cary expressed concerns that a rock wall may be on her property and would also like to address the trespassing issue without constructing a fence. Planner Chilcott stated the rock wall was proposed 12 feet from the property line.. There has been discussion on moving the wall out of a utility easement. It was moved and seconded (Homeier/Newsom) the amended condominium map be approved with Staff conditions of approval, and it passed unanimously. Trustee Blackhurst requested Mr. Lamson work with the neighbors to address the trespassing concerns, discuss the rock wall with staff to determine whether or not it needs to be moved and resolve all permit and violation issues prior to recording the map. ACTION ITEMS: 1. PUBLIC HEARING: NEW TAVERN LIQUOR LICENSE APPLICATION FILED BY NOTCHTOP BAKERY AND CAFE. INC, dba Notchtop Bakery and Cafe. Inc.. 459 E. WONDERVIEW #4. Mayor Baudek opened the Public Hearing and reviewed procedure. Town Clerk Williamson presented the Application and confirmed the Town has not received any communications or evidence in support or opposition to the application, and required T.I.P.S. has been scheduled. Comments were heard from Cavewol Shadows/Applicant, who provided personal background and stated they would like to have a license to include beverage service with lunch and dinner. Trustee Levine encouraged the Applicants to be vigilant when serving and that the Board takes very seriously the operation of liquor licenses and the Liquor Code and the applicant is a steward of the law. There being no further testimony. Mayor Baudek closed the Public Hearing. Stating 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, it was moved and seconded (Levine/Homeier) the New Tavern Liquor License appiication Board of Trustees - May 22, 2007 - Page 4 filed by Notchtop Bakery & Caf6 Inc. dba Notchtop Bakery & Cafe, Inc. be approved, and it passed unanimously. 2. ORDINANCE #13-07 - LOCK BOX. Fire Chief Dorman reviewed the lock box system that provides the Fire Department rapid access to a building during an emergency after hours. The Department has encouraged property owners to voluntarily install the key lock boxes on their property with a computer cut key that can not be duplicated. Public Safety Committee recommended approval of the ordinance with the addition that property owners have an option to allow the Police Department access as well. Attorney White does not recommend amending the ordinance to include an optional provision within an ordinance that is mandatory. The Fire Department will contact businesses in Town limits within 60 days to inform them of the new requirement and explain the option to add the Police Department. Chief Dorman demonstrated the lock box system. Attorney White read the Ordinance and after further discussion, it was moved and seconded (Newsom/Eisenlauer) to approve Ordinance 13-07, and it passed unanimously. 3. 1st quarter sales tax report. Finance Officer McFarland reported first quarter sales tax as a percent of total annual revenues is predictable with a range of 12 - 15%. However, March sales tax numbers were lower by 15% due to a lack of sales tax being reported to the Department of Revenue. Therefore, sales tax is down 3% for the first quarter and 6% when factoring CPI. On an annual moving average, sales tax revenues are increasing at a pace of 4.3%. If revenues continue to lag, larger capital projects can be suspended. 4. TOWN ADMINISTRATOR REPORT. I • Post Office parking lot paving should be complete pending the weather. Additional projects such as landscaping will be completed after Memorial Day. • Confluence Park - All trees removed from the park were cottonwoods that were planted by EPURA. The root systems of the trees were damaging the plaza and intruding into the utilities causing insurance claims. Many of the trees were infested with core rot and would have been lost in .the near future. Shrubs will replace the trees in those areas were utilities are buried. Patmore ash trees will be planted and will be less destructive. Whereupon Mayor Baudek adjourned the meeting at 9:00 p.m. n Baudek, Mayor . p V—I Q Q- ;kie Williamson, Town Clerk I