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HomeMy WebLinkAboutMINUTES Town Board 1996-06-11Town of Estes Park,Larimer County,Colorado,.‘4W .1 • ••, ;g96 Minutes of a .Re.gialar ..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 . .day of .. . ,A.D.,19.9.6. at regular meeting hour. Robert L.Dekker Meeting called to order by Mayor Present:Mayor Trustees: Robert L.Dekker Susan L.Doylen, Mayor ProTem Jeff Barker, John Baudek, George J.lix, Also Present:William J.Marshall, Gary F.Kiaphake, Town Administrator Vickie O’Connor, Town Clerk Absent:Gregory A.White,Town Attorney Mayor Dekker Called the meeting to order at 7:30 p.m.and presented a Certificate of Appreciation to Les Foiles for his contributions toward the Town’s recycling effort.Mayor Dekker read the Certificate,adding that “Les has done a fantastic job for Estes Park.” PUBLIC COMMENT. None. CONSENT CALENDAR: 1.Town Board minutes dated May 28,1996. 2.Bills. 3.Committee Minutes: A.Community Development,June 6,1996. It was moved and seconded (Doylen/Marshall)the consent calendar be approved,and it passed unanimously. ACTION ITEMS: 1.EPURA RESIGNATION -Mayor Dekker announced the resignation of Randy Martin,Commissioner with the Estes Park Urban Renewal Authority.It was moved and seconded (Hix/Doylen)Mr. Martin’s resignation be accepted with regret,and it passed unanimously. 2.1996 Christmas Parade Coordinator Agreement.Director Hinze presented the 1996 Christmas Coordinator Agreement,noting that a requirement to provide volunteer insurance coverage by the Coordinator has been included.It was moved and seconded (Pauley/Barker)the Agreement with Connie Boschen,acting as the 1996 Christmas Parade Coordinator,be approved,and it passed unanimously. 3.Amended Plat of Lots 7,8,25,and a Portion of Lot 24,Block 10,Town of Estes Park (Lewiston Townhomes),Rex Miller/Applicant.Mayor Dekker opened the public hearing. Community Development Director Stamey reported that he had met with Applicant’s representative Bill Van Horn 6/11,and that both were in agreement that this item should be continued for two weeks——June 25,1996.Van Horn addressed the Trustees stating that the problem is with the plat--it is cluttered, Board of Trustees -June 11,1996 -Page 2 and the labeling is unclear.However,in talking with the owners,he is now requesting the Board consider the plat complete.Timing is crucial,and he desired to make the presentation and obtain conditional approval;there is no problem in re-drawing the plat and not recording it until staff has issued their approval.There is a legitimate concern in deciphering the plat,but,in his opinion,it does not have anything to do with plat in and of itself.Items such as utilities,Improvement Guarantee,and Attorney’s Certificate have been received.All Planning Commission conditions have been met.Administrator Klaphake stated that the Board generally requires all items to be complete, however,plats have been approved subject to final revision. Completion of the plat and all conditions are put in place for the Board’s protection.At the Board’s instruction,Director Stamey reviewed the proposal:the subdivision combines portions of three lots into one and corrects an illegal subdivision for Lot 7B.The Owners are working with the Lewiston Homeowners Association,and they have a working document;however,neither party will sign the easement document pursuant to approval of the development plan.Staff confirmed that Senior Planner Joseph had sent a letter to the Applicant’s Engineer identifying those items deemed incomplete (Conditions 1-B,Planning Commission 10/17/95).Due to the complicated nature of the plat drawing,staff requested the subdivision map be redrawn in larger scale,the appropriate easements be added to Lot BA,the formal agreement with the EPSD be submitted,and the Attorney’s Certificate be submitted.Staff confirmed that certain items have been added to the plat;however,having expended many hours in review of the plat,and pursuant to the complexity and substantial issues remaining unclear,Town Engineer Linnane is apprehensive to approve and sign the plat.In summary, Administrator Klaphake clarified that items 1 through 8 from the Planning Commission,plus:a.the access easement with the Homeowners Association,b.the EPSD Agreement for sewer line replacement,and c.the Attorney’s Certificate should also be considered for approval of the plat——the Board can approve the plat with the aforestated conditions,withholding the Town Engineer’s signature until complete,or continue the plat to June 25.Staff confirmed that the access easement is critical and that there is no issue with the lot configuration pending execution of the access agreement.Trustee Pauley questioned whether continuation would provide a hardship,and Van Horn stated the conditions have been met,the plat will not display different material;he has been responding to staff;the EPSD and Owners have come to an agreement concerning the sewer line;the Applicant will satisfy staff’s requests;and numerous closing documents are now complete pending plat approval.Staff reiterated that the plat must be redrawn,and copies of the Homeowner’s Agreement and Attorney’s Certificate must be presented.Curtis Sears, Attorney representing the Owners,stated that he forwarded the letter to Attorney White -the Town does have a copy,and the reason the easement document has not been signed in advance is due to the restrictive covenants —the Association does not object to the proposed development —the landowners are not comfortable signing the easement until they know the development plan goes forward.There being no persons speaking in favor of,or in opposition to the proposal,Mayor Dekker declared the public hearing closed.Trustee Hix expressed his concern relative to the apprehension of the Town Engineer.Van Horn responded that the plat needs to be redrawn to larger scaie.Trustee Marshall confirmed that the Applicant could proceed with development and their only outstanding item is plat enlargement which will be accomplished.It was moved and seconded (Pauley/Marshall)the mended Plat of Lots 7,8,25,and a Portion of Lot 24,Block 10,Town of Estes Park be approved with conditions 1-8 as Board of Trustees -June 11,1996 -Page 3 identified in the Planning Commission minutes dated October 17,1995,plus those three items listed above as a.,b.,and c.,for a total of 11 conditions,and it passed by the following votes:Those voting “Yes”Trustees Barker,Doylen, Marshall and Pauley.Those voting “No”Trustees Baudek and Hix.Trustee Doylen noted that the plat was first considered by the Planning Commission 10/17/95,and that while she understands the Owner’s time constraint’s it was unreasonable to place the Board in the position of considering such a plat. Van Horn responded that meeting the conditions were not at issue.Due to numerous homeowners,it took considerable time— consuming negotiations to resolve all matters. Special Review #95-4,Lots 7,8,25,and a Portion of Lot 24, Block 10,Town of Estes Park,(Lewiston Townhomes),Gallagher &Miller/Applicants.Mayor Dekker opened the public hearing. Director Stamey stated that this proposal is for thirteen condominium dwelling units south of the Lewiston Townhomes. Special review is required due to the number of units (more than 10 in a Multi-Family zone).Planning Commission conditions have been met,however,approval should be conditioned upon finalization of the subdivision plat.Staff clarified that the vested property right period is three years,and that there is no easy solution to lowering the height of the units.Mr.Van Horn responded on grading,which is a primary issue of the development.Grading will be performed to minimize the cut of rock,attempting to preserve a portion of the ruins,while adhering to the 30’height limitation.Audience comments were heard from Judith Elliot, 1320 Country Club Dr.,who questioned the actual percentage of ruins to be retained.Mr.Van Horn responded.There being no additional public comment,Mayor Dekker closed the public hearing.It was moved and seconded (Doylen/Marshall)Special Review #95-4 for Lots 7,8,25,and a Portion of Lot 24,Block 10,Town of Estes Park be approved conditioned upon completion of the subdivision plat,obtaining all required plat signatures,and conditions 1 through 6 as identified in the Planning Commission minutes dated January 16,1996,and it passed unanimously. Amended Plat of Lots 13,14 and 15,Creekside Subdivision, Gerald E.and Patricia K.Palmer,Applicants.Mayor Dekker opened the public hearing.Director Stamey reported that the proposal is to combine three existing lots into two new lots. The application meets applicable zoning,and the Attorney’s letter has been received.Audience comments were heard from Judith Elliot who stated she was a renter in the area and was not notified,read Student Jessica Saurino’s letter concerning her role on the EPHS River Watch Team particularly concerning Fish Creek,and commented that development impedes on the environment,density,erosion,debris collection,and views. Mayor Dekker responded that notification to renters is most difficult and that the affected property owners did attend the Planning Commission meeting.The Corps of Engineers were involved in the development process,and the proposal actually reduces density.Staff confirmed that the zoning is R-S residential,the plan was approved 4/5 years ago,clarified the open space/future trail system,and how the density calculation was applied.Ms.Elliot suggested resident notification include review of the utility billing system. There being no further comment,Mayor Dekker closed the public hearing.It was moved and seconded (Pauley/Marshall)the Amended Plat of Lots 13,14,and 15,Creekside Subdivision be approved,and it passed unanimously.Staff confirmed that all construction must meet the Uniform Building Code. Amended Plat of lots 2,3 and W.½of lot 4,Block 2,lone Pine Acres Addition,David and Twila Fairbanks/Applicants. Mayor Dekker opened the public hearing.Staff reported that Board of Trustees —June 11,1996 —Page 4 this proposal is to combine two and one—half separate lots into one.The application meets all requirements of the Subdivision Regulations and the Attorney’s Certificate has been received.As there were no comments from the audience, Mayor Dekker closed the public hearing.It was moved and seconded (Hix/Baudek)the mended Plat of Lots 2,3 and the West of Lot 4,Block 2,Lone Pine Addition be approved,and it passed unanimously.Staff confirmed that there is appropriate width in the right-of-way for placement of the hike/bike access. 4.Tobacco Products Requlation -Ordinance #11-96.The Board reviewed the second draft of the Tobacco Products Regulation. Clerk O’Connor read Section 8.12.060 f new section)which makes it unlawful for any business proprietor,manager,or other person in charge or control of a business of any kind to engage,employ or permit any minor to sell tobacco products from such business.In addition,it shall be unlawful for any business proprietor,etc.to stock or display a tobacco product in any way which allows a customer to access such tobacco product without first securing the physical assistance of an adult business employee for each transaction.The foregoing sentence shall not be effective until September 1, 1996.This subsection shall not apply to valid retail liquor store licensees,and to vending machines meeting the requirements of Section 8.12.050 of the Municipal Code.Staff clarified that there are four valid retail liquor store licensees within Town limits.Scott Webermeier read a letter dated June 10,1996 which included recommendations for inclusion in the ordinance.The letter was made a part of the official proceedings.A question and answer period followed, specifically relating to enforcement,response to violators, public areas where smoking by minors commonly occurs and how enforcement would be pursued,the retailer is a far easier target than minor violators,if the ultimate impetus is the youth smoking ordinance,retailers are a far easier target to monitor than individuals violating the ordinance, clarification of “direct supervision”,delaying the effective date of the ordinance beyond September 1,1996,and overall, the ordinance should be “fair for all.”Staff confirmed that this ordinance would not rank as highly as other violations such as domestic abuse.As he was “sensitive to Mr. Webermeier’s concern with loss of business as it directly relates to him,Trustee Hix cited a conflict of interest,and stated he would not participate in discussion nor vote. Discussion followed on the effective date of the ordinance. Ann Watson,Larimer County Health Educator,addressed the Board and reported that Loveland adopted a similar ordinance with two effective dates -30 days for possession and use of tobacco products by minors,and 6 months to eliminate self— service displays.Laws have been effective,particularly,the elimination of self-service displays.In addition,Ft. Collins is currently working on a similar ordinance,and their public hearing is scheduled in July.Trustee Baudek noted two reasons why minors should not smoke:1.it makes no sense to say a minor can’t buy tobacco products and then allow them to smoke;and 2.he read an article from a recent CML Magazine where “...more Colorado kids will eventually die from tobacco than from gang violence,suicide,homicide,hard drugs, alcohol,traffic accidents,AIDS and fires combined.”The Trustees have an obligation to do something.Trustee Doylen noted that legitimate customers can still purchase tobacco products,and commented that society cannot bear the medical issues relating to smoking.Jerry Palmer stated that parents should be held responsible,i.e.appear with their children in court.Jacobo Mendoza,a minor,advised he represented minors that would be affected by the ordinance.Most kids are addicted to tobacco products and they will find a means to Board of Trustees -June 11,1996 -Page 5 obtain said products.Minors view the ordinance as a punishment.Ms.Watson confirmed that existing Colorado Statues make it illegal for minors to purchase cigarettes,and there is help for this addiction.It is easier to address smoking at age 16/17 then at 40/50 when persons may be facing debilitating diseases such as lung cancer.The Board responded that they are attempting to deter younger kids from starting to smoke in the first place.Judith Elliot commented on a recently completed smoking cessation program.Chief Repola reported that this ordinance would be treated similarly to underage drinking,and that violators on private property would be pursued if probable cause to enter was found.Repola supports the ordinance with two effective dates.It was moved and seconded (Pauley/Marshall)the Ordinance be approved with the enforcement date of September 1,1996 for Section 8.12.060 being amended to December 31,1996,and it passed with the abstention of Trustee Hix.Whereupon Mayor Dekker declared the ordinance duly passed and adopted,ordered it numbered 11— 96,and published according to law. 5.Town Administrator s Report.Administrator Kiaphake presented the Food Tax Refund Analysis and commended the Town Clerk’s Office for administration of this program.The report provided statistics for 1995 and 1996 and listed total applications,families,disabled,senior citizens,and average income by each category.Total funds refunded in 1995 were $24,250;$19,700 was expended in 1996.The Trustees will consider continuation of this program in the upcoming 1997 Budget sessions. cc Town Clerk Following completion of all agenda items,Mayor Dekker adjourned the meeting at 9:15 p.m. Mayor Dekker