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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