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Home My WebLink AboutMINUTES Town Board Special Meeting 1993-03-15Town of Estes art', March 15 9 3 Larimer County, Colorado 19 Minutes of a Special meeting of the Board of Trustees of the Town of Este s Park, Larimer County, Colorado . Meeting held in the Town Hall in said Town of Estes Par k 15th March 9 3 on the day of A . D . 19 .... at regular meetin g hour . Meeting called to order by Mayor Dannels Present: Mayor H . B . Dannels Trustees :Norbert L . Aldrich , David Barker , Robert L . Dekker , Gary F . Klaphake, Stephen W . Gillett e Also Present : Town Administrato r Gregory A . White , Town Attorne y Vickie O'Connor , Absent: Town Clerk Absent : George J . Hix, Mayor ProTe m David Habecker, Truste e Mayor Dannels called the special meeting to order at 2 :00 P .M . 1 .Go-Cart Track Outdoor ,Amusement Lynn Kinnie/Applicant .Th e special meeting was called to determine whether or not EPURA's decision of March 29, 1990 that Plan B did not conform to th e applicable portions of the Urban Renewal Plan should b e upheld . Mayor Dannels opened the public hearing, and Tow n Attorney White recapped the application leading up to th e Court of Appeals decision to remand the case back to th e Trustees for re-hearing . The sole question to be determine d is whether or not EPURA's decision of March 29, 1990, tha t Plan B did not conform to the applicable portions of the Urba n Renewal Plan should be upheld . EPURA Executive Director Anderson outlined EPURA's finding s presented in Resolution 147, and submitted the following int o evidence : transcript of 3/15/90 meeting, minutes of 3/15/9 0 and 3/29/90, Resolution 147, and copies of petition s containing 409 signatures . The Applicant was represented by Gilbert Goldstein/Attorne y who commented that EPURA exceeded their jurisdiction, abuse d their discretion ; and that their findings were not supported . Bill Van Horn presented the Applicant's case, addressing Item s A-F (community/commercial center use--"usual/everyday" needs , seasonal use, river corridor, entry areas/visua l intrusiveness, development/redevelopment to be sensitive t o and protect surrounding areas, fumes/pollution, year-roun d development, image problem) as contained in Resolution 147 . Mr . Van Horn confirmed that the Honda GX120 carts meet th e 1994 California Emissions Standards, the Planning Commissio n personally inspected/tested a go-cart and conditionall y approved the amended application May 15, 1990 . During th e February 27, 1990 Town Board meeting the Applicant guarantee d that noise from the operation would never exceed the existin g ambient noise level and, if the noise becomes a problem, th e Applicant would mitigate the noise or cease operation . Surrounding area photographs were presented . Discussio n followed regarding landscaping, noise, light, fumes, an d potential that the slide would be removed . Public comment was heard from : Louis O'Riordan, Bil l Marshall, John Ramey, Frank Normali, Lou Canaiy, Fran k Williams, Les Foiles/EVIA, Mary Lamy, Ned Linegar, Ben Lang , Jr ., Steve Komito, Clark Spalsbury, Elaine Tanton, Margare t Linegar, Jim Brewster, President/EVIA and resident . Town Administrator Klaphake acknowledged receipt of the following : Special Board of Trustees - March 15, 1993 -Page 2 Petition containing 338 signatures,letters from William Bauer, D . Ned Linegar (2), Mr. & Mrs . Albert Murphey, Mr .& Mrs . Ford Nielsen, RMNP, Leonard Savory, Robert Sunderland , Mr . & Mrs . Ralph Guild, Mr . and Mrs . Fred Bertle, Hele n Hondius,Villiers Gerd, Isabel L . Lee, Bernie Holien, Mr .& Mrs .Ray Lindsey (2), Mr . & Mrs . Peter Marsh, Mr . & Mrs . John Hazlitt, Lynn Kinnie and Tom Icenogle . Rebuttal was offered from EPURA Attorney Windholz wh o referred to the Court Decision where the Court of Appeal s found EPURA had made no mistake of the law, and that EPURA ha d not denied property rights . EPURA serves as an "advisor y board" to the Board of Trustees . Applicant Attorney Goldstei n questioned and received confirmation that the Trustees had three (3) options available to them : (1) approve Resolutio n 147, (2) overrule Resolution 147 thus granting the right t o the applicant, and (3) overrule Resolution 147 and gran t approval subject to appropriate conditions . Town Attorne y White's letter dated March 2, 1993 was also made a part of th e record of the proceedings . Lynn Kinnie/Applicant offere d closing remarks, adding that the Honda GX160 engine will b e utilized which also meets the California standards a s mentioned above . In addition, the operation will load 2 0 carts while 20 are on the track . There being no further testimony, Mayor Dannels declared th e public hearing closed . Trustee comments/findings followed , with Attorney White confirming that the 12 conditions set b y the Planning Commission on their approval of Plan B and th e conditions adopted by the Town Board on June 26, 1990, whic h incorporated conditions imposed by the Town Board on Februar y 27, 1990, remained in place and applicable, including staff's interpretation of the ambient noise level .It was moved an d seconded (Barker/Gillette) Resolution 11 -93 stating that the proposed outdoor amusement on Lots 5A and 9, Prospect Villag e Subdivision, Town of Estes Park,is in compliance with the applicable provisions of the Plan, subject to the conditio n that the existing residence west of Fun City be moved by th e Applicant prior to July 1, 1993, and it passed by th e following votes : Those voting "Yes" Trustees Barker, Dekke r and Gillette .Those voting "No" Trustee Aldrich .- Mayor Dannels expressed his appreciation to all in attendance an d adjourned the meeting at 5 :19 P .M . Mayo r .. Town Clerk