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HomeMy WebLinkAboutMINUTES Town Board 1996-11-12Town of Estes Park,Larimer County,Colorado,..•,19. Minutes of a .Regular...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 2tI .day of 0yeç,A.D.,;• at regular meeting hour. Robert L.Dekker Meeting called to order by Mayor Also Present:Gary K.Klaphake, Town Administrator Gregory A.White, Town Attorney Vickie O’Connor, Town Clerk Absent:None Mayor Dekker called the meeting to order at 7:33 p.m.and welcomed Larimer County Commissioners Clark and Disney.Chairman Clarke advised Commissioner Duvall was expected to attend. PUBLIC COMMENT. None. CONSENT CALENDAR: 1.Town Board minutes dated October 22,1996. 2.Bills. 3.Committee Minutes: A.Public Works,October 24,1996. B.Community Development,November 7,1996. C.Planning Commission,October 24,1996 (acknowledgement only). It was moved and seconded (Doylen/Hix)the consent calendar lie approved,and it passed unanimously. ACTION ITEMS: 1.Joint Meeting with Larimer County Commissioners on Comprehensive Plan —Referral to respective Planning Commissions for adoption.Mayor Dekker noted that the new Comprehensive Plan Project began approximately three years ago with neighborhood meetings (21±)in the entire valley area. Citizen concerns were received,the most common of which was the desire to maintain the existing character of their neighborhoods.Staff also wrote to everyone soliciting their comments,giving them their proposed zoning,and,from resident responses,staff attempted to address concerns,while maintaining the integrity of the Comp.Plan.The time is now at hand for both government agencies to refer the Plan to each respective Planning Commission. Present:Mayor Robert L.Dekker Trustees: Susan L.Doylen, Mayor ProTem Jeff Barker, John Baudek, George J.Hix, William J.Marshall, J.Donald Pauley Board of Trustees,November 12,1996 -Page 2 Town Attorney White explained the Comp.Plan being presented tonight was prepared by Town staff,Larimer County staff,and others.The procedure for adoption is that each respective government agency (Town Board and Larimer County)are to refer the Plan to their respective Planning Commissions.It is the duty of each planning commission to adopt the Comprehensive Plan,not either Board/Commission.Should any person in the attendance have specific remarks concerning adoption,said remarks should be given at the joint public hearing before the planning commissions.Staff emphasized that the Comp.Plan is a plan,it merely guides the future land use in the valley. It does not rezone property,and it does not change the rules for development.Following adoption,should the Town and County desire to go further,they will have a guide.Any proposed regulations can only occur with proper notice. Commissioner Duvall joined the meeting. Senior Planner Joseph presented various Land Use Drawings of the Comprehensive Plan;draft copies of the Comp.Plan are available for review from the Community Development Office, and also at the Public Library.Mayor Dekker further stated that the Public Hearing before the joint Planning Commissions is scheduled December 3;however,those in the audience were given an opportunity to comment at this time. There were no further comments.Noting that the Plan has received extensive work and reflects good planning,it was moved and seconded (Doylen/Marshall)the Comprehensive Plan be referred to the Estes Park Planning Commission for their consideration,and it passed unanimously. Commissioner Clark called for discussion,and Commissioner Disney commented that the elected officials role is to adopt the Plan,however,as staff performed the work,he recognized Town Staff Stamey and Joseph,and County Staff Legg,and noted his appreciation their their effort.There being no further discussion,the Larimer County Commissioners unanimously referred the Comprehensive Plan to the Larimer County Planning Commission for their consideration. Mayor Dekker called a brief recess at 7:45 p.m.,and reconvened the meeting at 7:53 p.m. 2.A.High Drive Heights Water Main Prolect/Contract with Kearney & Sons Excavating -Approval of Budget Expenditure.Public Works Director Linnane explained that Kearney &Sons bid the 8”water line extension for $79,437,6%below the unit prices on the 1994 and 1995 water looping projects.Construction completion is expected June 1,1997.It was moved and seconded (Doylen/Hix)the Contract with Kearney &Sons in the amount of $79,437 be accepted,and it passed unanimously. B.First Street Storm Sewer Pro-lect/Contract with Connell Resources -Approval of Budget Expenditure.Staff reported that Connell Resources submitted the lowest bid of $124,487 for the First Street Storm Sewer Project (Phase 5A of the Prospect Mountain Storm Water Management Master Plan construction).Director Linnane reviewed the construction route,noting that various budget line items will be adjusted to fund this project.The Construction Schedule indicates work will begin November 18,and completed prior to November 28.Staff anticipates some business interruptions,however, work will not occur during the weekend.It was moved and seconded (Doylen/Hix)the Contract with Connell Resources in the amount of $124,487 be accepted,and it passed unanimously. 3.A.Fulfillment Services Agreement with First Class Direct,Inc.- Approval.Due to changes in postal service regulations Board of Trustees,November 12,1996 -Page 3 affecting bulk mailing,automation is now required for fulfillment services.Five RFP’s were distributed,with First Class Direct,Inc.presenting the lower per piece bid which includes setup and service charges for mailing, administration,reporting,and warehousing.The Chamber will continue to manage telephone calls and enter information into a data base.Administrator Kiaphake reviewed previous expenses and projected savings.The Agreement has been revised to incorporate concerns expressed by Town Attorney White.It was moved and seconded (Doylen/Baudek)the Agreement with First Class Direct,Inc.based on a per piece price be accepted,and it passed unanimously. B.Powder River Agreement (Third Year of 3-Yr.Agreement)- Approval of Budget Expenditure.Special Events Director Hinze requested the Agreement with the Rodeo Stock Contractor be approved for the final year of the 3—year term.It was moved and seconded (Pauley/Marshall)the Agreement with Powder River Productions be approved,and it passed unanimously. C.Weekly Summer Rodeo Agreement -Presentation.Director Hinze briefed the Trustees on a proposal from the Vold Rodeo Company (Seven over Seven Rodeo Company),which was presented to the Community Development Committee November 7,1996:in summary, Vold is proposing to provide 25 rodeos during the summer months,starting in 1997,with the ticket income being an 80/20 split--the Town’s portion is 20%.The term is for three consecutive years,with an option to renew.The summer rodeos would provide summer entertainment by an established,highly- respected rodeo stock contractor;the Town is confident the contractor would present quality shows.Director Hinze reviewed each party’s responsibilities as outlined in the proposal. Should the Town accept the proposal,Director Hinze believes the Colorado Arabian Horse Club,Quarter Horse Show,Rocky Mountain Miniature Horse Club and the Westernaires (existing major horse shows)would be jeopardized,and she reviewed the comments/concerns expressed by each group.Also included in the review were comments from Powder River Productions,the Rooftop Rodeo Stock Contractor.In summary,those identified do not support the proposal based on incompatibility of events,arena and chute conditions/maintenance,security, potential affect of weather delays,parking,and facility/grounds burden.Staff also confirmed that the rodeo proposal,in concept,is supported by the Rooftop Rodeo Committee.Staff has attempted to solve potential conflicts for co—existence;however,the shows have indicated they would relocate their shows.Stating that relocation of the shows could negatively impact accommodations,and that the proposal was reviewed in good faith,Director Hinze recommended denial of the proposal for summer rodeos.In addition,however, staff believes the Town seek 2 or 3—year contracts with said horse shows. Discussion followed:continue to bring people in Town for several days v.bringing entertainment;revenue from horse shows;the established goal of multi-use of the grounds; evidence of that horse shows have been diminishing;whether the number of summer rodeos could be reduced from 25; confirmation that Vold would obtain national sponsors; confirmation that the Vold Rodeo Company is a professional company,highly-respected in the industry;maximum use of the fairgrounds (full potential);and evidence of diminishing evening activities for tourists. Audience comments where heard from Elden Savage and Chuck Mangen/Arabians.and Debbie Holgorsen/merchant,Chamber of Commerce member,and Rooftop member. Board of Trustees,November 12,1996 -Page 4 It was moved and seconded (Hix/Doylen)the Void Rodeo Company proposal not be accepted,opting to retain the horse shows identified above,and it passed by the following votes:Those voting “Yes”Trustees Barker,Baudek,Doylen,Hix and Pauley. Those voting “No”Trustee Marshall.Staff was directed to seek multi-year horse show contracts for all future contracts. 4.A.Rezoning Request for Lots 1-4,7-50,7B-16B of Buenna Vista Terrace Subdivision.Lots 1 &2.Schuster Subdivision,and Lots 1 &2,Hess Subdivision.Buenna Vista Terrace Subdivision Property Owners/Applicant.Mayor Dekker opened the public hearing to consider the request to rezone Buenna Vista Terrace Subdivision from R-S Residential,to E-Estate.Senior Planner Joseph reported that the Planning Commission is recommending the request be denied.Those speaking in favor:Gerald Mayo, 265 Lookout Street,who in summary,stated that the residents desire to preserve their neighborhood by this rezoning request.As there were no persons speaking in opposition, Mayor Dekker closed the public hearing.Planner Joseph identified concerns relating to non—conforming small lots, related setback problems,added expense in staff workload in Comp.Plan rezoning efforts,and noted the Planning Commission’s motion cited the property owners ability to form an association to prohibit/restrict bed and breakfast use in the neighborhood.Typical existing lot size in the subdivision,minimum lot size required under the R-S and E Estate zones,use by right or special review criteria relative to bed and breakfast operations,and traffic generation were clarified.Staff reiterated that under the new Comp.Plan for this site,bed and breakfast operations would not be use by right;if 80%of the residents do not desire bed and breakfasts,they could prevent them by forming a voluntary association. Discussion followed on a potential moratorium on bed and breakfasts,request for a boundary adjustment to construct a duplex immediately following this item,downzoning,and procedural clarification relative to a potential rezoning and the Comp.Plan.It was moved and seconded (Hix/Baudek)this item be temporarily tabled to hear the following boundary adjustment item,and it passed unanimously. B.mended Plat of Lots &2,Hess Subdivision,Alice and Lloyd Hess/Applicant.Mayor Dekker opened the public hearing to consider a boundary adjustment between two existing lots.The Planning Commission also recommended denial of this request on a 5/1 basis.Paul Kochevar,Applicant’s representative, reviewed the site location,and proposal to reconfigure two lots by moving a common property line.Mr.Kochevar reviewed plans for a duplex,conversion of an existing house (Lot 2), and construction of a single family dwelling (Lot 1). Accessory dwelling criteria,and use by right issues were also discussed.Whether the previous rezoning request is approved or denied,the decision does have some bearing on the Applicants.If the area is rezoned,the Applicants will accelerate their plans.If the rezoning is denied,the Applicants will construct a duplex on the southerly lot (placed at the rear of the lot).Mr.Kochevar confirmed that the request does not increase the density. There were no comments in favor the request.Those speaking in opposition:Gerald Mayo who stated the Applicant is proposing to change the use from from retirement to income producing property due to the deterioration of the neighborhood.Property owners have not been misinformed and it is not financially feasible to convert a dwelling into a duplex.Mr.Mayo questioned the Applicant’s landlord history, and urged the Board consider neighborhood letters seeking Board of Trustees,November 12,1996 -Page 5 denial of this request.There being no further discussion, Mayor Dekker closed the public hearing.It was moved and seconded (Hix/Baudek)this item be tabled to return to the Rezoning Request,and it passed unanimously. Rezoning Request.Attorney White reviewed the standard 30-day effective date of ordinances v.ordinances passed with the emergency clause.Mr.Kochevar was advised that should the rezoning be approved,the ordinance imposing E—Estate zoning would not take affect for 30 days.Mr.Kochevar was given the opportunity to withdraw the request,and he declined stating that if the rezoning is approved,the Applicant will submit plans for a duplex on the lower lot within 30 days.Attorney White also clarified that approval of the boundary line adjustment merely requires a favorable vote from the Town Board,and approval would take affect immediately. There being no further discussion,it as moved and seconded (Baudek/Hix)the Rezoning Request for Lots 1-4,7-50,7B-16B of Buenna Vista Terrace Subdivision,Lots 1 &2,Schuster Subdivision,and Lots 1 &2,Hess Subdivision,Buenna Vista Terrace Subdivision be approved with the standard 30-day effective date,and it passed by the following votes:Those voting “Yes”Trustees Baudek,Doylen,Hix,Marshall and Pauley.Those voting “No”Trustee Barker. Amended Plat/Boundary Ad-justment.It was moved and seconded (Hix/Marshall)the Amended Plat of Lots &2,Hess Subdivision be approved,and it passed by the following votes:Those voting “Yes”Trustees Barker,Baudek,Hix,Marshall and Pauley.Those voting “No”Trustee Doylen. C.Amended Plat of Tract 4 &5.Beaver Point,Second Addition. Gary Mitchell/Applicant.Mayor Dekker opened the public hearing for the amended plat,noting the Planning Commission unanimously recommended approval without any conditions. Those speaking in favor Paul Kochevar,Applicant’s representative.The Applicants include Tiny Town Cottages, Texaco and Scott’s Sporting Goods,and the request re—adjusts existing lot lines.All requirements by the Planning Commission have been incorporated into plat.As there were no persons speaking in opposition,Mayor Dekker closed the public hearing.It was moved and seconded (Hix/Doylen)the Amended Plat of Tract 4 &5,Beaver Point,Second Addition lie approved,and it passed unanimously. D.Amended Plat of a Portion of Lots 19 and 20,South St.Vram Addition,Susan Sanford/Applicant.Mayor Dekker opened the public hearing to examine a request for a boundary adjustment between existing lot.The Planning Commission unanimously recommended approval of the amended plat,with two conditions. Applicant’s representative Paul Kochevar reviewed the site location,stating the lots are zoned R-M which limits both lots to uses allowed by right (prohibits commercial use). There will be one access for two lots from Hwy.7.As there were no comments in opposition,Mayor Dekker closed the public hearing.It was moved and seconded (Hix/Doylen)the Amended Plat of a Portion of Lots 19 and 20,South St.Vram Addition lie approved,and it passed unanimously. E.Annexation of Elm Road,Second Addition.Town of Estes Park/Applicant.Mayor Dekker opened the public hearing,and Planner Joseph reviewed the application which is to annex 24- 1/2 acres of Town-owned property which will be subdivided into 3 separate lots.Lot 4 is vacant and will serve as a buffer;Lot 3 will be leased to A-l Trash for expansion of their business.The Planning Commission recommended approval along with the zoning of Restricted Industrial.Administrator Klaphake confirmed that the Development Plan for A-l Trash was Board of Trustees,November 12,1996 -Page 6 approved by the Planning Commission and the only item for Town Board consideration is the annexation and zoning.There being no comments in favor or opposition,Mayor Dekker declared the public hearing closed.It was moved and seconded (Hix/Marshall)the Annexation of Elm Road,Second Addition and subsequent I-i Restricted Industrial Zoning lie approved,and it passed unanimously.Whereupon Mayor Dekker declared the Ordinances duly passed and adopted,ordered them numbered 19— 96 and 20-96 respectively,and published according to law. 5.Estes Valley Memorial Gardens,Inc.—Transfer of Parcel 6 - Ordinance #16-96.Administrator Kiapliake presented the Ordinance and Warranty Deed transferring Parcel 6 to the Estes Valley Memorial Gardens.Both documents were reviewed by Gardens Representative Ron Harvey and have been agreed—— specifically,trees cannot be cleared without written permission from the Town,nor can the site be sold. Commending Estes Valley Memorial Gardens for their facility, it was moved and seconded (Hix/Barker)Ordinance #16-96 lie approved,and it passed unanimously.Whereupon Mayor Dekker declared the Ordinance duly passed and adopted,ordered it numbered 16-96,and published according to law. 6.Town Administrator’s Report: A.Grant Application for Stanley Hall.Administrator Kiaphake requested a formal motion from the Board that, in concept,the Board agrees to the Grant Application for the renovation of Stanley Hall.The Application must be filed in November,however,specific details in the 50- year agreement are pending with Grand Heritage’s legal counsel.The Board will receive an opportunity to review the Agreement when submitted for approval.Stating the Board has every intent in moving forward with this project,it was moved and seconded (Doylen/Hix)staff lie authorized to submit the Stanley Hall Grant Application at this time,and it passed unanimously. Following completion of all agenda items,Mayor Dekker adjourned the meeting at 9:56 p.m. Vickie O’Connor,Town Clerk n NOTE:The Board of Trustees will meet for one meeting in December,December 10,1996. Robert L.Dekicer,Mayor