HomeMy WebLinkAboutMINUTES Town Board 1994-03-22H . Bernerd Dannel s
Meeting called to order by Mayor
Minutes of a .Regular ...meeting of the Board of Trustees of the Town o f
Estes Park, Larimer County, Colorado . Meeting held in the Municipal Building i n
said Town of Estes Park on the .22nd .day of March .., A .D ., 19 . 94.
at regular meeting hour .
Town of f Estes Park,Larimer county, Colorado,.March .2 2
.. ,19 .9 4 .
George J . Hix, Mayo r
ProTem
Robert L . Dekker ,
Susan L . Doyle n
David Habecke r
Also Present :
Gary F . Klaphake ,
Town Administrator
Vickie O'Connor ,
Town Clerk
Absent :
Stephen W . Gillette, Truste e
POWWri,ti
Gregory A . White, Town Attorne y
Mayor Dannels called the meeting to order at 7 :30 P .M .
PUBLIC INPUT .
There was no public comment .
CONSENT CALENDA R
1 . Town Board minutes dated March 8, 1994, and Special Meetin g
March 17, 1994 .
2 .
Bills .
3 .
Committee Minutes :
A.Light & Power, March 10, 1994 .
B.Public Safety, March 17, 1994 .
C.Board of Adjustment, March 3, 1994 (acknowledgemen t
only).
D.Planning Commission, March 15, 1994 (acknowledgement
only).
E.Final Plat of Lots 26 and 27, Grand Estates Subdivision ,
Jim and Eunice Docter/Applicant - Continue to April 12 ,
1994 .
F.Final Plat of Lot 3, Canaiy Subdivision, and a Portion o f
Lot 51, Grand Estates Subdivision, Moreno Tewahay ,
Inc ./Applicant - Continue to April 12, 1994 .
4 . Prospect Estates Subdivision, Third Filing - Correction Pla t
(dimensional errors).
Administrator Klaphake requested the Public Safety Minutes date d
March 17, 1994 be removed from the Consent Calendar . The reques t
was granted, and it was moved and seconded (Dekker/Hix) the consen t
calendar be approved,and it passed unanimously .
ACTIO$i ITEMS :
1 .Public Safety Committee Minutes, March 17, 1994 .Pursuant t o
additional research, Administrator Klaphake suggested th e
"Fire Lane Signage" recommendation for the alleyway north o f
Estes Silver and Gold be referred back to the Public Safet y
Committee . Fire Lane standards require a 20' minimum widt h
with appropriate clearances ; as the alleyway in question doe s
not meet the minimum standards, it cannot be designated as a
Fire Lane . An ownership question on the alleyway has als o
arisen . Therefore, it was moved and seconded (Hix/Habecker )
Present : Mayor H . B . Dannels
Trustees :
Board of Trustees - March 22, 1994 - Page 2
the minutes be approved with the deletion of the Fire Lan e
Signage discussion/recommendation,referring same back to th e
Public Safety Committee, requesting Public Works Directo r
Linnane review the plat and define the Town's ownership ,
reporting this information to the Public Safety Committee .
The next Committee meeting is scheduled April 21 at 8 :30 A .M .
If this information is available it will be addressed at that
time .
A.Fire Station Planning Study - Approval of $10,000 Bud ec{t
Expenditure .The Committee recommended approval of a
study to be performed by Thorp and Associates to researc h
possible relocation of the fire station to a les s
congested area . The study is to be completed prior t o
finalization of the 1995 Budget . It was moved and
seconded (Hix/Habecker) the contract, not-to-excee d
$10,000 with Thorp and Associates be approved,and i t
passed unanimously .
B.Ordinance #5-94 Municipal Court Assessments .
Th e
Committee also recommended approval of an ordinanc e
amending municipal court assessments as follows : cost s
for defendants who enter guilty pleas or are found guilt y
after trial be $15 .00 and costs for any deferred sentenc e
agreement or deferred prosecution agreement be $75 .00 .
Current court costs are $5 .00 . The increase in fee s
relates to processing necessary to administer th e
required deferred sentence agreement between the Town and
the defendant . It was moved and seconded (Hix/Habecker )
the Ordinance be approved,and it passed unanimously .
Whereupon Mayor Dannels declared the ordinance dul y
passed and adopted, ordered it numbered 5-94 an d
published according to law .
C.Computer Equipment -Authorize $15,000 Expenditure .Th e
Committee recommended approval of a budgeted expenditur e
to purchase CAD-related hardware and software for th e
Communications Department, totaling $15,000 . It wa s
moved and seconded (Hix/Habecker) the expenditure b e
approved,and it passed unanimously .
2 .
Planning Commission, March 15, 1994 :
A .Special Review #94-5, Lot 2, Seybold Addition, Brad &
Eunice Witt/Applicant .Mayor Dannels opened the publi c
hearing . Community Development Director Stamey reviewe d
the request to grant a height exception to allow fou r
architectural projections of an average 36'in height t o
a maximum of 38' to preserve the architectural theme an d
enhance the exterior appearance of a Victorian-styl e
home . A motion to deny the request was defeated, and i n
a subsequent vote, the Planning Commission, in a 4 to 3
vote, recommended approval . The architect has confirme d
that the roof composition will be asphalt shingles in a
muted blue/gray color with natural stain log siding, an d
the color scheme meets the Commission's intent . Truste e
Habecker questioned the Commission's stance regulatin g
aesthetics and how the roof color would be enforced i n
the future . Staff confirmed that adjacent propert y
owners were notified and that a mechanism for re-roofin g
is unclear . As there were no persons speaking in favo r
or in opposition to the application, Mayor Dannel s
declared the public hearing closed . Stating tha t
adjacent neighbors had not commented on this proposal ,
grading, the projections will not be a detriment, it wa s
moved and seconded (Habecker/Dekker) Special Review #94-5
for Lot 2, Seybold Addition be approved .Truste e
Habecker did not attach the color stipulation cited b y
the Planning Commission . Discussion included whether the
Board of Trustees - March 22, 1994 - Page 3
entire lot could be used for retail purposes, surroundin g
zoning, and whether the height variance applied to th e
entire site . Staff confirmed that the lot could be use d
for retail and that the owner may operate a small antiqu e
shop ; however, any proposed retail use must meet Cod e
requirements ; surrounding zoning is R-S, Commercial an d
Estate ; and the height variance is specific for thi s
exclusive structure .The motion passed unanimously .
3.Liquor License - Transfer of Ownership from The Event Center ,
Inc ., 470 Prospect Village Dr ., to High Country Brewery, Inc .,
dba Estes Park Brewery at The Event Center, Hotel an d
Restaurant License .Clerk O'Connor reviewed the transfe r
request stating that the Applicant intends to add a micro -
brewery . Both State and Federal agencies administer licensin g
for micro-breweries, and are allowed to wholesale and retai l
their product . It was moved and seconded (Dekker/Doylen) th e
Transfer of Ownership to High Country Brewery, Inc . b e
approved,and it passed unanimously .
4.Town Administrator's Report :
A.Town/Chamber Fulfillment .Staff reported that pursuan t
to questions raised concerning the Town's role i n
advertising efforts and assurance that equal access i s
being offered, the Chamber Board and A/C Book Committe e
are proposing to fund postage costs for mailing th e
fulfillment packet . In a letter dated March 9, 1994 ,
representatives from the Accommodations Association ,
Chamber of Commerce, and A/B Book Committee stated that ,
beginning January 1, 1995, said entities could assume th e
mailing costs with a provision that the funds bein g
offset by this proposal be applied to the direc t
advertising portion of the Town's Advertising Budget t o
allow further promotion of the community, thu s
"strengthening the economic impact of their efforts ."
Administrator Klaphake stated that the fulfillment packe t
price is based upon unit prices, and that this proposa l
could be considered during budget preparation . Followin g
discussion, it was moved and seconded (Hix/Doylen)th e
aforementioned letter be acknowledged, and tha t
consideration will be given to this proposal durin g
preparation of the 1995 Budget,and it passed
unanimously .
B.Administrator Klaphake reviewed a letter from LaRo y
Seaver/Crossroads Ministry commending the Board for thei r
low-cost housing project .
C.Land Trust Activities - Administrator Klaphake and Piete r
Hondius advised that the Estes Valley Land Trust has bee n
working on a proposal to save the gateway located a t
Meadowdale Ranch .The Ranch borders U . S .Highway 36 t o
the south, approximately 4 miles east of Estes Park . Th e
Forest Service has long sought this scenic easter n
gateway as it is one of the preeminent wildlife habitat s
in the region . The Forest Service secured a publi c
access easement across the Ranch in 1984 for $1 .00 . Th e
purpose of this easement is to provide vehicular acces s
to homestead Meadows . However, there is also publi c
access to Homestead Meadows from U . S . Highway 36 via a
foot and horse trail, known as the Lion Gulch Trail .
The land owners, Candace Ammerman and Toni Brown ar e
seeking to eliminate the threat of public access throug h
their property, and have offered to convey a conservatio n
easement if the Forest Service relinquishes its publi c
access easement across the Ranch . As consideration fo r
the relinquishment of the public access easement, the
Board of Trustees ®March 22, 1994 ®Page 4
owners have offered to make the Forest Service an expres s
beneficiary of the conservation easement, with ful l
rights of enforcement . This would serve to furthe r
ensure the public purpose of the conservation easement .
The Forest Service's Implementation Plan for the Lio n
Gulch Area states that the area will be managed for non -
motorized uses with the only routes of public acces s
being the Pierson Park and Lion Gulch Trails . The owner s
would retain eight residential building sites which, wit h
the possible exception of one site located at the wes t
side near Hewlett Packard, would not be visible from th e
highway .
In conclusion, the Land Trust, in cooperation with th e
owners of Meadowdale Ranch, have been working on thi s
conservation easement which would limit development o f
the ranch and provide a buffer to the adjoining Fores t
Service property ; however, this proposal has been
rejected by the Roosevelt Forest Supervisor . Shoul d
negotiations prove unsuccessful, the inevitable resul t
will be that the Ranch will ultimately be sold fo r
development .
The major points of the conservation easement are : (1 )
request that the existing Forest Service access remain a s
an administrative road, not public, (2) the owners wil l
have limited building sites on property not visible fro m
the road, and (3) the cost of the conservation easemen t
is $300,000 to be secured by the Land Trust by privat e
contributions .
Discussion followed concerning responsibility fo r
property taxes, perpetuity of the easement, and continue d
permission for the summer grazing of MacGregor Ranc h
cattle . Mr . Hondius reported that the Land Trust ha s
obtained $50,000 in donations to purchase a 3-year optio n
for the easement, and the Board stated that pursuant t o
the Comprehensive Plan relative to open space, thi s
project presented a outstanding opportunity for the Tow n
to convey its support . It was moved and seconde d
(Dekker/Habecker) the Town offer its wholehearted suppor t
in correspondence with Senator Brown and Representativ e
Allard, and that the Town be prepared to act as a
financial contributor in the 1995 Budget,and it pass e
unanimously .
Administrator Klaphake cautioned that the Forest Servic e
is a formidable negotiator and that the process will mov e
in a rational and reasonable manner .
There being no further business, Mayor Dannels adjourned th e
meeting at 8 :30 P .M .
Mayor
Town Clerk