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HomeMy WebLinkAboutMINUTES Town Board 1993-03-23Town0f Estes Park,Larimer County, Colorado, 9Ma 3 1993... Regula r Minutes of a 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 23rd March 9 3 on the day of A . D . 199 9 9 9 at regular meetin g hour . Meeting called to order by Mayor H 9 ... . Present: Mayor H .B .Dannels Trustees :George J . Hix, Mayor ProTe m Norbert L . Aldrich , David Barker , Robert L . Dekker , Also Present : Stephen W .Gillette , Gary F . Klaphake, David Habecke r Town Administrato r Gregory A . White , Absent: Town Attorney Vickie O'Connor , Town Cler k Absent : None Mayor Dannels called the meeting to order at 7 :30 P .M . PUBLIC INPUT . There was no public comment . CONSENT CALENDAR : 1 . Town Board minutes dated March 9, 1993 [and Special meeting minutes dated March 15, 1993] - see motion below . 2 . Bills . 3 . Committee Minutes : A.Light & Power, March 11, 1993 . B.Special Events, March 18, 1993 . C.Public Safety, March 18, 1993 . D.Planning Commission, March 16, 1993 . 4 . Liquor License Renewals : A.Philip & Christine Switzer, dba EAST SIDE FOOD STORE , 381 S . Saint Vrain Ave ., 3 .2%Retail Beer License . B.Michael & Winifred Krawchuk, dba LONGHORN LIQUOR MART , 1640 Big Thompson Ave ., Retail Liquor Store License . C.Richard A . Barlow, dba POPPY'S PIZZA & PUB, 342 A E . Elkhorn Ave ., Beer & Wine License . D.Estes Valley Recreation & Park District,dba ESTE S PARK GOLF CLUB, Hotel & Restaurant License wit h Optional Premise, 1080 S . Saint Vrain Ave . Mayor ProTem Hix requested Item #1 containing the Special Meetin g minutes be removed from the Consent Calendar .It was moved an d seconded (Hix/Habecker) the Consent Calendar (as amended)b e approved,and it passed unanimously . It was moved and seconde d (Gillette/Dekker) the Special Meeting Minutes dated March 15, 199 3 be approved,and it passed by the following votes : Those votin g "Yes" Trustees Aldrich, Barker, Dekker and Gillette . Those votin g "No" None . Those "Abstaining" Trustees Habecker and Hix . Board of Trustees -March 2 3,1993 - Page 2 ACTION ITEMS : 1. Light & Power Committee, March 11, 1993 : Electric Rate Update Study - Approval of Contract with Ma x Kiburz.Light & Power Director Matzke reported that thi s study will incorporate new wholesale rates which wer e instituted by PRPA into the base rates . It was moved an d seconded (Aldrich/Hix) the Contract, not-to-exceed $S,00 0 with Max Kiburz be approved,and it passed unanimously . 2. Special Events Committee, March 18, 1993 : Agreements .It was moved and seconded (Hix/Habecker) the Lions Club Concession Stand Lease, Colorful Colorado Quarte r Horse Show and Colorado Hunter-Jumper Horse Show Agreement s be approved, and it passed unanimously . 3.Telephone Bids .Construction and Facilities Manager Siever s reported that the 1993 Budget includes $58,200 for a ne w telephone system for both the Police and Municipal Offices . Eight RFPs were issued and four (4) firms responded ; the most competitive proposals were submitted by AT&T an d Executone, with the lowest bid being proposed by Executone , as follows : Basic System $41,889 .0 0 Lightning Protection 3,327 .6 0 5-Year Maintenance Agree 14,625 .0 0 Upgrade portion of Telephones . 3,101 .1 0 Expenses to Date (electrical , consultant, etc .) 3,290 .0 0 January 1994 Expense (deferred)(1,194 .00 ) TOTAL CONTRACT $65,038 .7 0 The budget shortfall totals $6,838 .70 ; however, Executon e has agreed to a deferred payment of one year on th e maintenance agreement (1994). The remaining deficit will be shared and expended from the General and Light and Powe r Funds . An additional four (4) lines will be established , for a total of ten (10) in-coming telephone lines .Chie f Racine reported on the Enhanced 911 system which will wor k concurrently with the new telephone system . The E911 syste m is being funded by residents within Larimer County at a $.50/customer charge collected on the telephone bill . Discussion followed concerning the magnitude of the syste m upgrade, maintenance agreement and service/response time . The new telephone system should be "on-line" in May, wit h E911 in July .It was moved and seconded (Aldrich/Hix) th e proposal submitted by Executone in the total amount o f $65,038 .70 be accepted,and it passed unanimously . 4.North Ridge Meadow Condominiums Special Review, Richar d Wille/Applicant - Appeal of Planning Commission Decision o f Denying Density Bonus .Mayor Dannels opened the publi c hearing . Trustee Habecker declared a "conflict of interest " and vacated the room . Community Development Director Stame y reviewed the Applicant's request for a 6% density bonus an d Planning Commission's recommendation that the request b e denied (based upon building mass, utilization of the sit e and neighborhood compatibility), resulting in a total of 4 7 units . The proposal also includes replatting of the 1 3 existing lots into one (1) lot and a rezoning request . These items will be reviewed at a later date . Administrator Klaphake noted that the bonus request is not a "veste d right", and that the Commission's recommendation wa s forwarded following extensive review . Applicant's representative Bill Van Horn presented his request for the Board of Trustees - March 23, 1993 -Page 3 appeal based upon the site which has been zoned Commercial - Outlying and which partly abuts residential and multi - family ; proposal to "down-zone" the property to residential ; incentives regarding energy savings ; maintaining existin g vegetation ; staff recognition of favorable design features ; the Applicant is allowed a 20% bonus and is requesting 6%; the additional three (3) units make the difference i n affordability of the project ; traffic on Dry Gulch Road wil l not be impacted ; photographs (4) were presented indicatin g the proposed site, property line, and views from the nort h and west ; existing slope which has resulted in a 40 % decrease in building area ; obligation to the Applicant's property in addition to that of the neighborhood ; setback ; and landscaping . Town Attorney White urged Mr . Van Horn t o clarify his request-Mr . Van Horn responded by readin g portions of the following : Section 17 .20 020 C . and D . Staff emphasized the review was only to be centered upon th e bonus request . The Trustees posed questions relating t o landscape treatment of the cut for the roadway, an d clarification from Planning Commission Chairman Sager on th e Commission's "findings" for approval of the 47 units . Public testimony in "opposition" was heard from Walter Dun n (represented 120 residents and expressed concern wit h building mass); Rowland Retrum (urged the Board give seriou s consideration to the concerns expressed by the affecte d residents); Alan Aspinall (representing the North En d Property Owners--concern with building mass, density , traffic - and support for the replatting). Mr . Van Horn wa s offered an opportunity for rebuttal . Town Attorney Whit e acknowledged a letter in opposition to the appeal date d March 19, 1993 submitted by Ron Harvey, adjacent propert y owner . There being no further testimony, Mayor Dannel s declared the public hearing closed . In summary, Mayor ProTem Hix stated that the Trustees are the custodians o f the public interest in development matters ; the bes t interest of the neighborhood of the proposed development a s well as the public at large should be carefully considered ; quoted from Section 17 .120030 .B .3 . relative to residentia l district objectives ; the Planning Commission determined tha t it would be the best interest of the neighborhood to kee p the density of this property to a minimum required lot siz e and not allow a density bonus for the development ; th e Board, under Section I7 .20.020.6.C could grant a density bonus by special review if determined that the plan utilize d the topography and site vegetation to generally locate th e buildings that were least obtrusive from the off-site ; sit e vegetation is located in a swale where it would not b e feasible to build ; topography is such that the longest sid e line of the property is at the bottom of the hill and front s onto an arterial street, therefore, there is no way t o utilize the topography to locate the buildings in the leas t obtrusive way . Agreeing that there is a need for additiona l economical housing units in Estes Park, it was moved and seconded (Hix/Aldrich)the Board of Trustees deny th e Applicant's appeal of the Planning Comm ission decision, thu s approving 47 units .Following Trustee discussion concernin g the Town Board's separate and distinct role in weighing recommendations submitted by the Planning Commission , reasoning that perhaps developer incentives should b e clarified, and clarification on landscaping, the motio n passed unanimously, with Trustee Habecker Abstaining . Trustee Habecker returned to his position on the Board of Trustees . 5 .New Hotel &Restaurant Liquor Application filed by The Even t Center,Inc .,dba THE EVENT CENTER,470 Prospect Villag e Dr ..Mayor ProTem Hix declared a potential "conflict o f interest"and stated he would not participate in discussio n nor vote .Mayor Dannels opened the public hearing for a New Board of Trustees -March 23, 1993 -Page 4 Hotel & Restaurant Liquor License application located at th e former health club building . Ed Grueff/Applicant, reporte d that The Event Center will conduct nightly entertainmen t during the summer months ranging from Country Western to Bi g Band . The non-smoking establishment will also provid e entertainment for the youth . Liquor will not be serve d during these functions, and Mr . Grueff is researchin g methods of ensuring underage patrons will not be allowed t o imbibe malt, vinous and spirituous liquor . As there was n o public comment, Mayor Dannels declared the public hearin g closed . Finding that the reasonable requirements of th e neighborhood are not being met by the present liquor outlet s in the neighborhood and that the desires of the adul t inhabitants are for the granting of this liquor license, i t was moved and seconded (Dekker/Aldrich) the New Hotel & Restaurant Liquor License for The Event Center be approved , and it passed unanimously, with Mayor ProTem Hix Abstaining . 6.Ordinance #3-93 Electric and Barbed Wire Fences .During their meeting January 25, 1993, the Administrative Committe e directed Town Attorney White to prepare an ordinanc e regulating electric and barbed wire fences . Discussion followed regarding the regulation's affect on potentia l annexation in areas that are "rural in nature", affect o n properties where horses are being accommodated, potentia l exceptions/exemptions, setback ; and attractive nuisance . Dick and Ray Carlton noted their concern with the Ordinanc e relative to private property rights . Frank Hix reporte d that such a fence also acts to protect the public fro m hazardous property . Realizing the necessity for additiona l research and discussion, the Ordinance was tabled . 7. Town Administrator's Report .Administrator Klaphake had n o report . There being no further business, Mayor Dannels adjourned th e meeting at 9 :29 P .M . Town Clerk