HomeMy WebLinkAboutMINUTES Town Board 1994-09-13Town OfEstes Park,Larimer county, Colorado,September 13 . , ,19 .94 .
Minutes of a .Regular ..meeting of the Board of Trustees of the Town o f
Estee Park, Larimer County, Colorado . Meeting held in the Municipal Building i n
said Town of Estee Park on the . 13th . day of ...September : A .D ., 19 .94 .
at regular meeting hour .
H . Bernerd Dannel s
Meeting called to order by Mayor
Present : Mayor
Trustees :H . B .Dannels
Robert L . Dekker, Mayo r
ProTem ,
Susan L . Doylen ,
Stephen W . Gillette ,
William J . Marshall ,
Also Present :Richard D . Widmer,
J . Donald Paule yAsst.Town Administrato r
Gregory A . White ,
Town Attorne y
Vickie O'Connor ,
Town Cler k
Abiegi V
Absent :
Michael E . Miller, Truste e
Award Presentation : Police Chief Racine introduced Lou DeCarolis ,
Regional Administrator, and Duke Smith, State Coordinator fo r
Operation Buckle Down/National Highway Traffic Safet y
Administration (NHTSA). Mr . DeCarolis presented Sgt . Eddie Lan g
and the Police Department a plaque recognizing the Department's
First Place entry in the first NHTSA, Region VIII Chiefs '
Challenge . Through Estes Park's Program "Buckle Up America! Week",
held May 2-6, 1994, occupant protection enforcement was highlighte d
and the general public educated . Mr . DeCarolis stated Sgt . Lang
displayed "tremendous expertise" on this program . Mr . Smith quote d
national seat-belt usage statistics and stated Estes Park i s
setting an example . The Board of Trustees commended staff for a
job well done .
Mayor Dannels called the meeting to order at 7 :44 P .M .
PUBLIC INPUT .
Dan Ludlum/National Park Resort requested an opportunity to addres s
the hunting item contained in the Light Power minutes ; the reques t
was granted .
Dick Pratt commented on the 5% tax included on television cabl e
bills and requested confirmation if such was a tax or franchis e
fee . Due to Mr . Pratt's interference, Town Attorney White wa s
unsuccessful in responding to the question . Mr . Pratt vacated th e
room and, upon Mayor Dannels' consent, Attorney White proceeded ,
advising that, in compliance with the Law and the Permit Agreement ,
Cable Systems is allowed to collect the 5% franchise fee from thei r
subscribers .
CONSENT CALENDAR :
1 .
Town Board minutes dated August 23, 1994 .
2 .
Bills .
3 .
Committee Minutes :
A.Board of Adjustment, September 6, 1994 (acknowledgemen t
only).
B.Light & Power Committee, September 8, 1994 .
4 .
Liquor Licenses :
Board of Trustees - September 13, 1994 - Page 2
A . Resolution #17-94 Change of Class/Ownership Applicatio n
filed by John & Donna Sinnott, dba MAMA ROSE'S, from Bee r
& Wine to Hotel & Restaurant/Steve Barlow - Settin g
public hearing date of October 11, 1994 .
Item #3 .B . was omitted from the Consent Calendar to be acted upo n
separately .
It was moved and seconded (Doylen/Pauley) the consent calendar, a s
amended above, be approved,and it passed unanimously .
3 .Hunting Ban/Town Property -Light &Power Committee Septembe r
8, 1994 .The Committee recommended approval of a policy t o
allow only bow hunting on Town-owned property, specifically ,
the hydro plant site, with the following conditions whic h
would become effective in 1995 : (1) by permission, (2) first -
come, first-served basis, (3) prepare a map defining specifi c
areas where hunting could occur, and (4) policy to b e
administered by the Light and Power Department . Da n
Ludlum/National Park Resort encouraged approval to open thi s
site to hunting, and requested approval be effectiv e
immediately . Mayor ProTem Dekker commented that durin g
discussion, the Committee believed it was best to firs t
develop a policy which would include assistance of the Town
Attorney . Following discussion, it was moved and seconde d
(Dekker/Marshall) the minutes be approved with an amendmen t
that this item be referred to staff for research, with staf f
returning directly to the Town Board September 27, 1994 fo r
further consideration,and it passed unanimously .
ACTION ITEMS :
1 .A .Final Plat of Lake Pines Subdivision (Lot 31, Bonnie Bra e
Addition), Crystal Creek Development/ Applicant .Mayo r
Dannels opened the public hearing . Community Developmen t
Director Stamey noted that staff and the Applicant worked t o
establish/enhance the building envelopes ; all Plannin g
Commission conditions had been met ; the Attorney's Certificat e
had been received ; and the Improvement Guarantee commitmen t
from a banking institution had been received and the actua l
guarantee will be finalized prior to recording the plat . A s
there were no comments from the public, Mayor Dannels declare d
the public hearing closed . It was moved and seconde d
(Pauley/Gillette) the Final Plat of Lake Pines Subdivision b e
approved,and it passed unanimously .
B.Final Plat of Lot 6, Little Prospect Mountain Addition ,
Geraldine Kappely/Applicant .It was moved and seconde d
(Doylen/Dekker)the Final Plat be continued to September 27 ,
1994,and it passed unanimously .
C.Final Plat of Brookside Subdivision (Lot 26, Twin Vie w
Addition), Estes Homes, Inc ./Applicant .Mayor Dannels opene d
the public hearing . Director Stamey advised that pla t
contains 1-Z acres of open space in a reserved outlot ;
wetlands have been identified and staked ; the Attorney's
Certificate and Improvement Guarantee have been received ; an d
all Planning Commission conditions have been met . Staff me t
with the Applicant and they have consented to providing a n
easement for a hike/bike path . Development will range betwee n
14,000-22,000 sq . ft/lot . With regard to Lot 9 and a propose d
duplex, staff confirmed that a duplex is allowed on the site ;
however, if the owner desires to divide the property and plac e
one unit/lot, such would require prior consideration by th e
Planning Commission . There being no further testimony, Mayo r
Dannels closed the public hearing . It was moved and seconde d
(Pauley/Doylen) the Final Plat of Brookside Subdivision b e
approved,and it passed unanimously .
Board of Trustees - September 13, 1994 - Page 3
D . Amended Plat of Lots 15-17 Block 2, Town of Estes Park ,
Elizabeth Bowers/Applicant .It was moved and seconde d
(Doylen/Dekker) the Amended Plat be continued to September 27 ,
1994,and it passed unanimously .
2.Diamond Shamrock/U-Haul Zoning Violations .Asst .Town
Administrator Widmer referred to the Town Board minutes date d
October 26 ,'1993 where Special Review #93-3 for Lot 6, Manfor d
Addition - U-Haul Truck/Trailer Storage and Propane Dispensin g
operations were discussed . The special review request wa s
denied resulting in the relocation of the 1J-Haul business .
The relocation site was unacceptable due to zoning regulation s
and staff, including the Town Administrator, met with th e
business owners on August 25, 1994 . In a letter date d
September 6, 1994, Raymond Parker/O'Dell Petroleum stated th e
owners intention to conform to the zoning regulations b y
proposing that within 45 days from 9/6/94, the owner wil l
submit a phased-Master Plan for the redevelopment of both th e
property and business in question . Mr . Parker assured th e
Board of his sincere intent of clearing both their good nam e
and business reputation . Staff is supportive of the proposa l
based upon significant advantages for the entire site, an d
potential access improvements on Highway 7 . In addition ,
submittal of a Master Plan should address neighborhoo d
concerns . Public testimony was heard from Rudolph Deluise ,
903 High Acres Dr ., who stated this property has bee n
increasingly over-burdened, and he requested and received a n
update on the site relative to zoning regulations . Truste e
Doylen expressed concern, noting that a fairly extensiv e
period to comply was previously granted--will an additiona l
time extension produce a better plan and is it warranted ?
Attorney White commented that a cooperative stance may prov e
more beneficial than litigation . It was moved and seconde d
(Dekker/Marshall) Raymond Parker, President/O'Dell Petroleu m
submit a Master Plan for redevelopment of both the propert y
and business, to be filed by January 31, 1995,and it passe d
unanimously .
3.New Hotel and Restaurant Liguor License, George Lee, dba HUNA N
RESTAURANT .Mayor Dannels opened the public hearing, and Tow n
Attorney White reviewed the Application . Mr . Lee commente d
that he has 20 years experience in the restaurant business an d
that he desires the liquor license to provide a service to hi s
customers . There being no correspondence nor furthe r
testimony, Mayor Dannels declared the public hearing closed .
Stating that the Board of Trustees finds that the reasonabl e
requirements of the neighborhood are not met by the presen t
liquor outlets in the neighborhood and that the desires of th e
adult inhabitants are for the granting of this liquor license ,
it was moved and seconded (Pauley/Gillette) the Hotel an d
Restaurant Liquor License for Hunan Restaurant be granted, an d
it passed unanimously .
4.Ordinance #8-94 Vacation of a portion of a Utility Easement i n
Block1,Mountain Golf Villas Subdivision (Public Work s
Committee July 28, 1994). Asst . Administrator Widme r
presented a map of the site . The request for the Town t o
vacate a portion (north 2' of the easterly 35') of the utilit y
easement is necessary due to an encroachment . As directed b y
the Committee, a routing slip from other affected agencies ha s
been received and all is in order . Attorney White read th e
ordinance . It was moved and seconded (Doylen/Dekker )
Ordinance #8-94 be adopted,and it passed unanimously .
5.Resolution #18-94 Approving "Surprise Sale Days" October 8-9 ,
1994 .Linda Hinze, Special Events Department presented a
resolution for the annual Sidewalk Sale scheduled October 8-9 ,
1994 . The resolution authorizing the Sale was originally
Board of Trustees ®September 13, 1994 ®Page 4
approved in 1991 . The resolution contains nine condition s
which must be adhered to by all participating merchants .
Staff was unaware of any problems associated with the Sidewal k
Sale . It was moved and seconded (Doylen/Gillette)Resolutio n
#18 ®94 be adopted,and it passed unanimously .
6 .
Town Administrator's Report :
A.Affordable Rousing .Staff is working on the housing pol l
and anticipates mailing same in early October . Th e
mailing will include a one-page fact sheet with a
postage-paid postcard with which to respond .
B.Ballot Issue/Refund Options .Asst .Administrator Widme r
and Attorney White briefed the Trustees on prevention and
refund options relative to surplus funds and TABO R
compliance should the November ballot question fail .
Attorney White also briefed the Board on the recen t
Colorado Supreme Court ruling involving the Boulde r
Valley School District that addressed TABOR spendin g
limits . In summary, it appears that if an entity acts i n
a "reasonable" fashion with a "good faith effort" t o
comply to TABOR the Court will not overturn its decision .
C.Town/EPURA Intergovernmental Agreement .As stated durin g
the August 23 Town Board meeting, staff is working on a
revised IGA that addresses how EPURA will operat e
relative to the November Ballot question, and a draft i s
expected for the September 27 Town Board meeting .
D.Sales Tax Report .July sales tax figures indicated a
6 .36% increase from July, 1993 and the year-to-dat e
increase is 10 .7%.
There being no further business, Mayor Dannels adjourned th e
meeting at 9 :04 P .M .
Mayo r
.
cue
s
Town Clerk