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HomeMy Public PortalAboutTBM 1989-05-17TOWN BOARD MAY 17, 1989 The regular meeting was called to order at 7:40 p.m. by Mayor Jensen. Board present were Marianne Klancke, Sue Buchheister, Lynda Muhlbauer, Jeff Johnston and Mary Finlay. Also present were Clay Brown, Manager, Vicky Winter, Town Clerk and Larry Hartlaub, Town Attorney. Minutes approved as written. Bills presented for payment: Muhlbauer moved to pay the bills as presented, with the exception of the Fields bill, 2nd Klancke, carried. Jensen abstaining. ALEXANDER SITE PLAN The new owners of the McKinnley property earlier reviewed with the F.C. a proposed change in use for the property. Two of the buildings will be left as rental but the two next to highway 40 will be turned into a restaurant in a phase plan. The concern was for the planned parking to be reviewed as well as access to the parking. Alexander showed plans for the phasing and parking. Handicapped parking will be allowed on Eastom Ave. at the present time. The owners will now follow thru on a zoning change and a liquor license. Sheriffs Dept. gave the monthly stats. A MAZE'N BURGERS LIQUOR LICENCE Hartlaub opened the liquor license hearing for this license at 8:20 p.m. Hartlaub reviewed all of the documents that are required to be submitted as well as notices etc. Klancke made a motion to set the neighborhood for a liquor license from the top of Red Dirt Hill to Berthoud Pass or approx. boundaries of the Rec. district, 2nd Finlay, carried. Klancke moved to have the following exhibits entered as evidence. Application for Beer and Wine. Affidavit of Publication for the hearing. Premise poster notice of hearing. Sheriffs Dept. letter concerning applicants. Applicants Ralph Panky and Greg Gallavan, submitted a petition with approx. 150 signatures in favor of the license, and presented testimony as to the need of the granting of a license. Audience was asked for comment. No comment from the audience. Klancke made a motion to approve the request for a beer and wine license, 2nd Buchheister, carried. PUBLIC SERVICE FRANCHISE AGREEMENT Hartlaub read, for the board, the proposed Ordinance to amend the Public Service franchise agreement. This would increase the tax from 2 percent to 3 percent and lift the $2500 limit -to -tax. Board moved to further consider the ordinance at final hearing on June 21, 1989. WINTER PARK CHAMBER Brian gave the monthly report from the chamber. Board discussed the saturday litter pickup day and expressed appreciation for the flyers and the picnic the chamber will put on saturday. BYERS PEAK PRE- ANNEXATION AGREEMENT Mayor Jensen left the board and Mayor Protem Klancke took over the meeting. Board reviewed the latest draft 4/21/89 along with comments from Vince Turner. Changes or to- be- determined- issues other than as draft reads. Section 3.07 Change may to shall. Section 3.9 Town regulation at no time will as a regulation of the town have the Corp of Engineers as a review agency. Section 3.08 As necessary language the A zone that the commercial use can be placed together as an aggregate, and for every 500 sq. ft. of commercial 1 unit of residential is lost. Section 4.01 Area 5 is approx. 44 acres. Section 4.01 (f) Area 6 contains 27.8 acres, and school lands will be dedicated upon 1st subdivision. This land area to be a credit to the eventual requirements for school dedication/ fees in lieu of. Section 4.01(h) area 8 will have at least 3 acres of open space. Section 4.01 (i) Turner asked to reduce the open space to 10% instead of 15 /this was not agreed to. Section 5.06 (d) delete Section 6.02 Add the word "preliminary" to the engineer report. Section 6.04 Make it clear that open space does not have to be watered unless there are allowable uses that require water. Section 6.06 and 6.07 Turner does not understand. Cazier will be contacted as to the meaning. Section 6.09 Turner does not want to start with augmentation within 90 days but needs to see if he has the market to subdivide and then augment water. If he does not subdivide he will ask for the water rights back so that they can be sold with the ranch and de- annex. Cazier will be asked about all of these wishes by the developer. Town could add a 5 year clause to performance of the augmentation plan. Section 7.04 (b) change to "need for construction of bog section to be determined by either Town or Byers Peak Development. Section 7.04 (c) the pay back for road construction in regards to paying interest was of concern to the developer. Language will be changed to read pay backs on roads construction will be real cost for the road construction, including any interest if money is borrowed, either for the developer paying back the town or the Town paying back the developer. Developer would like to set up a sales office on area 2 without subdividing or triggering any obligation to the parkway, as well as obtaining a building permit for the existing structure at the ranch for any remodel. Board will meet again at 8:00 p.m. on May 24th to further consider the changes requested and the board will then give a consensus as to conceptual approval of the agreement, or not, so that the developer can proceed. MANAGERS REPORT Brown reviewed what would be done on the June 2,3 free dump days. The Jones Ranch fence was torn up during the winter from snow plowing. Board directed Brown to advise Leonard that the Town would pay the repair bill. Brown reported that he had obtained permission to occupy the Amtrak Building for the summer Visitor's Center, rent will be $285 per month, the staff will take care of the morning train, and clean. Clay to advertise for 2 staff persons. Karen Klein has resigned from the Planning Commission, clerk will notice public on the vacancy. Board approved an $80 contribution for membership in Greenpeace, Earthwatch and Windstar foundation. No further business, meeting adjourned at 12:00 midnight