HomeMy WebLinkAboutMINUTES Town Board 1994-04-26Town of Estes Park,Larimer county, Colorado,April 26, 19 ..9 4
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 in
said Town of Estes Park on the
.26th .day of April ., A .D .,19 ..9 4
at regular meeting hour .
Also Present Gary F . Klaphake ,
Town Administrator
Gregory A . White ,
Town Attorne y
Vickie O'Connor ,
Town Cler k
Absent :
None
Mayor Dannels called the meeting to order at 7 :30 P .M .
PUBLIC INPUT .
Lou Canaiy offered best regards to the newly-elected Trustees an d
questioned how the season passes for the Park and Ride Progra m
would be promoted . Trustee Gillette and Administrator Klaphak e
responded to the question .
CONSENT CALENDAR :
1.
Town Board minutes dated April 12, 1994 .
2.
Bills .
3.
Committee Minutes :
A.Light & Power, April 21, 1994 .
B.Public Safety, April 21 1994 .
C.Planning Commission, April 19, 1994 (acknowledgemen t
only).
Resolution #8-94 Setting public hearing date of May 24,199 4
for New Beer and Wine Liquor License application filed b y
LaVonna Sue Kenney, dba LA .TI .DA ., 810 Moraine Ave .
5 .
Continue to May 10,1994 :
A.Final Plat of Tract 15, Fall River Addition, Edward s
Investment Co ./Applicant .
B.Amended Plat of Lot 41, Fall River Addition, Frank & Alm a
Hix/Applicant .
C.Final Plat of Lots 1 and 2, Stanley Village Subdivision ,
Stanley Commercial Development/Applicant .
It was moved and seconded (Doylen/Gillette) the consent calendar b e
approved,and it passed unanimously .
ACTION ITEMS :
1 .
Light & Power Committee, April 21, 1994 :
A .Approvalof Budget Expenditures .Director Matzke briefe d
the Trustees on the Committee meeting where the followin g
H . Bernerd Dannel s
Meeting called to order by Mayor
Present: Mayor H . B . Dannels Trustees Robert L . Dekker ,
Mayor ProTem
Susan L . Doylen ,
Stephen W . Gillette ,
William J . Marshall ,
Michael E . Miller ,
J . Donald Pauley
:Board . of Trustees - April 26, 1994 - Page 2
capital budget expenditures were recommended fo r
approval :
Replace 1990 Duty Truck .Low bid, with trade-i n
was submitted by Rains Motor Co . for $6,999 .89 ,
plus an additional cost of $2,000 to the transfe r
the utility body for a total budget expenditure o f
$8,999 .89 (for funding distribution, see minute s
dated April 21, 1994).
Recording Test Equipment .Multi-purpose additiona l
voltage recorder used to render voltage checks an d
troubleshoot intermittent service problems . It wa s
moved and seconded (Dekker/Pauley)staff b e
authorized both budgeted items as stated,and it
passed unanimously .
2.
Public Safety Committee, April 21, 1994 :
A .Resolution #9-94 - Designating Emergency Respons e
Authority .As required by State Statute, the Committe e
recommended approval to designate the Estes Park
Volunteer Fire Department as the Town's Emergenc y
Response Authority . Town Attorney White clarifie d
compliance time-frame and parameter questions, and how
adoption of the Resolution provides that the Departmen t
could bill any responsible party for hazard materia l
incidents, thus recovering expenses, and read th e
resolution in full . It was moved and seconde d
(Gillette/Doylen) the Resolution be adopted,and i t
passed unanimously .
3.
Transfer of Ownership from : Estes Cantina, Inc . (Ed Grueff )
to Hill Brothers, Inc ., dba ED'S CANTINA AND GRILL, 362 E .
Elkhorn Ave ., Hotel & Restaurant License, includes Extende d
Hours .It was moved and seconded (Gillette/Dekker) the Liquor
License Transfer of Ownership to Hill Brothers, Inc ., b e
approved,and it passed unanimously . The Board welcome d
Christian and Gerald Hill on their new endeavor .
4.
Planning Commission, April 19, 1994 - Public Hearings for eac h
of the following :
A .
Final Plat of Lots 26 and 27, Grand Estate s
Subdivision, Jim and Eunice Docter/Applicant
Continued from April 12, 1994 .
Mayor Dannel s
opened the public hearing . Community Developmen t
Director Stamey reviewed the proposal to divide tw o
lots into three lots of equal size . Adjoining lo t
sizes and character of the neighborhood wer e
identified . So as not to interfere with views fo r
existing condominium owners, the Developer wil l
maintain a 75' setback from the north propert y
line, and build a single-level dwelling without a
steep pitched roof . With a 4/3 vote, the Plannin g
Commission did recommend approval of the fina l
plat . The Attorney 's certificate has bee n
received, pins set and the 75' building setback a s
mentioned above has been identified on the plat .
Staff also confirmed that this plat does no t
preclude further subdivision ; however, such woul d
require additional Planning Commission review .
Director Stamey identified the three criteri a
("findings" = special circumstances, exceptio n
necessary, and not be materially detrimental) whic h
must be found in granting a variance from th e
minimum lot size requirement and how the Commissio n
determined this proposal met them . Concerning th e
setback for the existing condominiums, staf f
confirmed that it is 10'; in this proposal, the
Board of Trustees - April 26, 1994 - Page 3
Applicant is providing 50' more than required .
Staff also confirmed that the Commission did no t
require that the developer build single-family ,
single-level dwellings, this was merely offered by
the developer . Administrator Klaphake commented o n
"good zoning practice" which may include taking th e
character of the neighborhood into consideration .
Trustee Miller cited his reasoning for opposin g
which specifically relate to preserving no t
increasing the owner's rights . Applicant's
Representative Kochevar advised that the owner di d
contact the single-family owners and no one had an y
objections ; however, the condominium owners wer e
not contacted . During the Planning Commissio n
meeting, the condominium owners were satisfied wit h
the proposal contingent upon the owner's offe r
regarding views .
Public comment was heard from adjacent propert y
owner Lou Canaiy who noted his appreciation for th e
notice of the proposal and stated the request i s
"fair and honest ." Trustee Marshall, also a n
adjacent property owner, confirmed that th e
neighbors have discussed this development and the y
do not object to the proposal . There being n o
further testimony, Mayor Dannels declared th e
public hearing closed . Questioned whether thi s
proposal followed legal technicalities, Attorne y
White confirmed that the Town Board must make th e
determination whether standards have been met . I t
was moved and seconded (Dekker/Pauley) the Fina l
Plat of Lots 26 and 27, Grand Estates Subdivisio n
be approved with the condition that the dwelling o n
the north lot be constructed so that the north fac e
of that dwelling is no higher than one story, an d
it passed by the following votes : Those votin g
"Yes" Trustees Dekker, Doylen, Gillette, Marshal l
and Pauley . Those voting "No" Trustee Miller .
B.Final Plat of Lot 3, Canaiy Subdivision, and a
Portion of Lot 51, Grand Estates Subdivision ,
Moreno Tewahay, Inc ./Applicant - Continued fro m
April 12, 1994 .Mayor Dannels opened the publi c
hearing . Director Stamey reported that th e
proposal is to adjust the internal lot line betwee n
two existing lots (Antler's Restaurant and vacan t
lot) for the purpose of providing for future acces s
to development planned for the Lake Estes Addition .
The Attorney's Certificate has been received, pin s
have been set, and the plat is in order .
Adjacent property owner Lou Canaiy stated th e
proposal is fair and honest", and Trustee Marshall ,
also an adjacent property owner, noted that th e
neighbors also discussed this proposal and are als o
in agreement . There being no further comment ,
Mayor Dannels declared the public hearing closed .
It was moved and seconded (Pauley/Marshall) th e
Final Plat of Lot 3, Canaiy Subdivision, and a
Portion of Lot 51, Grand Estates Subdivision b e
approved,and it passed unanimously .
C.Final Plat of Lots 3-9, Stanley Historic District ,
FHK Partnership/Applicant .Mayor Dannels opene d
the public hearing . Director Stamey reviewed th e
proposal to subdivide a portion of land within th e
Stanley Historic District towards implementation o f
open space objectives and future development o n
Lots 3, 4, 7 and 9 . The note regarding open spac e
designation has been added to the plat .
This
Board of Trustees - April 26, 1994 - Page 4
proposal will create "legal lots of record", an d
the Commission conditionally recommended approval .
The notes as identified in the minutes dated Apri l
19, 1994 have been added to the plat, pins hav e
been set, the Attorney 's Certificate has bee n
received and a fully-executed mylar plat has bee n
submitted . Administrator Klaphake noted that th e
mylar was damaged and it will be replaced prior t o
recording .
Community Development Director Stamey read a lette r
dated April 25, 1994 jointly signed by Rowlan d
Retrum, Ron Harvey, Norman S . Ream and John V .
Roberts . In summary, the letter requeste d
clarification relative to the Development Agreemen t
(use of land for multi-dwelling/condominiums, an d
division of a lot). Director Stamey responded that
Colorado law recognizes the condominium form o f
ownership as a type of subdivision ; however, th e
Town has historically not reviewed condominiu m
projects in the subdivision process . This type o f
project has been reviewed through the sit e
development process . As this site is located
within the Historic District projects such as thi s
will be reviewed by the Architectural and Technica l
Review Committees . If there is any furthe r
division of Lot 3, it must follow the subdivisio n
process .
Town Attorney confirmed that the final pla t
conforms to the Development Agreement and that thi s
submittal is merely establishing lot lines an d
having them recorded as legal lots of record . I n
addition, the Town could receive deeds to the ope n
space (Parcels 5, 6 and 8) in the near future .
Administrator Klaphake advised that FHK Partnershi p
will most likely submit a proposal dividing Parce l
3 to the May 17 Planning Commission meeting . Fifty
units are allowed ; however, the developer i s
proposing 27 single-family dwellings . Th e
Technical Review Committee has considered th e
proposal and charted trees . The majority of tree s
and rock outcroppings are being retained .
Staf f
perceives the reduction in units as extremel y
beneficial,
particularly
to
the
adjacent
neighborhood .
There being no further testimony, Mayor Dannel s
declared the public hearing closed . It was move d
and seconded (Doylen/Gillette) the Final Plat o f
Lots 3-9, Stanley Historic District be approved ,
and it passed unanimously .
D .
Final Plat of Arapaho Meadows, Phase II, Bo b
Koehler/Applicant .Mayor Dannels opened the publi c
hearing . Director Stamey advised that thi s
proposal has changed its name to "Arapaho Estates ,
First Filing" and noted that the proposal is for a
19-lot single-family subdivision with one ope n
space outlot . The right-of-way north to the Watso n
Property has been added to the plat and th e
proposal meets E-Estate zoning requirements and th e
Annexation Agreement . The Planning Commissio n
conditionally approved the plat and thos e
conditions have been met . A note has been added t o
the plat identifying the open space outlot, statin g
that the lot is not a building site ; this note wil l
also be included in the covenants . Staff confirme d
that CDOT is requiring reconstruction of the
Board of Trustees - April 26, 1994 - Page 5
existing deceleration lane on Highway 7, and tha t
associated costs for the reconstruction ar e
contained in the engineer's estimate . There being
no further testimony, Mayor Dannels declared th e
public hearing closed . It was moved and seconde d
(Gillette/Pauley) the Final Plat of Arapaho
Meadows, Phase II aka Arapaho Estates, First Filing
be approved, and it passed by the following votes :
Those voting "Yes" Trustees Dekker, Doylen ,
Gillette, Marshall and Pauley . Those voting "No "
None . Those "Abstaining" Trustee Miller .
E .Amended Plat of Lots 8-12, Lone Pine Acre s
Addition, Steve Murphree/Applicant .It was move d
and seconded (Doylen/Gillette) this item b e
continued to May 10, 1994,and it passe d
unanimously .
5.Strategic Planning Meeting Report/Park School District R-3 ,.
As a School Representative was not present, this item wa s
postponed .
6.Estes Park Housing Authority -Amend A--ointments .This ite m
will be considered during the Authority's meeting schedule d
June 14, 1994 .
7.Town Administrator's Report - Projects . Pursuant to inquirie s
made by the citizenry, Administrator Klaphake reported that ,
pending agenda space, this time allotment will be spen t
updating the Trustees and community on current projects .
Staff proceeded to brief the Board and community on th e
recently approved Fire Station Study not-to-exceed $10,00 0
with Thorp Associates . Thorp is to provide : 1) a projec t
location considering existing standards for placement of fir e
halls, response time/access of the volunteers, and 2)a
schematic floor layout and cost estimate . Options o f
including the Police Department in the relocation will b e
examined in a "preliminary way ." The next phase is actua l
implementation of the study's findings .
Administrator Klaphake will use this format to update everyon e
on projects, and he invited all interested parties to submi t
topics/projects to him .
Administrator Klaphake requested an Executive Session to discus s
personnel . It was moved and seconded (Dekker/Doylen) the reques t
be granted,and it passed unanimously .
Mayor Dannels adjourned the meeting to Executive Session at 8 :4 2
P .M .
Note :the Board of Trustees meeting scheduled Tuesday, June 28 ,
1994 has been canceled .
Mayo r
Town Clerk