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					                            SILVERTHORNE TOWN COUNCIL
                                   Meeting Minutes
                              Wednesday, October 10, 2007

CALL TO ORDER/ROLL CALL/APPROVAL OF AGENDA:
Those members present and answering Roll Call were Council Members Peggy Long, Kevin
McDonald, Vince Lanuza, Stuart Richardson and Steve Swanson. Staff members present
were Attorney Jerry Dahl, Sgt Jake Scott, Administrative Services Director Donna Braun,
Recreation Director Tammy Jamieson, Public Works Director Bill Linfield, Community
Development Director Mark Leidal, Senior Planner Michael Johnson, Ryan Hyland Assistant to
Town Manager, and Town Clerk Michele Karlin. Mayor Pro Tem Peggy Long chaired the
meeting in Mayor Koop’s absence.
Rosanne Shaw arrived at 6:19 pm.
Mayor Dave Koop arrived for the Executive Session at 8:12 pm.

STAFF COMMENTS:
Jamieson updated Council on events at the Pavilion.
Linfield reported on the water tank progress.

COUNCIL COMMENTS:

CONSENT CALENDAR:
THE CONSENT CALENDAR INCLUDING THE MINUTES FROM SEPTEMBER 26, 2007
WAS PASSED. (SHAW AND KOOP ABSENT)

CITIZEN COMMENTS:
None

PUBLIC PRESENTATIONS:
None

LIQUOR BOARD:
A.   Bologna Inc. dba Ti Amo Ancora – H & R Liquor License Renewal

B.  Rock Bottom Restaurant dba Old Chicago Silverthorne – H & R Liquor License
Renewal

 C. Fiesta Jalisco Numero Uno LLC dba Fiesta Jalisco - H & R Liquor License Renewal
MCDONALD MOVED TO APPROVE BOLOGNA INC. DBA TI AMO ANCORA, ROCK
BOTTOM RESTAURANT DBA OLD CHICAGO SILVERTHORNE AND FIESTA JALISCO
NUMERO UNO, LLC DBA FIESTA JALISCO RENEWALS FOR THEIR HOTEL &
RESTAURANT LICENSES. MOTION SECONDED. MOTION PASSED BY COUNCIL.
(SHAW AND KOOP ABSENT)

PUBLIC HEARINGS:
A. Conditional Use Permit Renewal – R and T Enterprises, Majestic Mountain Movers/
         U-Haul, 120 West 9th Street-Lot 4R, Silverthorne Subdivision No. 2
Public hearing opened.
October 10, 2007
Page 1
Town of Silverthorne Town Council Meeting Minutes

Senior Planner Michael Johnson presented the applicant’s request for the renewal of the CUP
permit of Majestic Mountain Movers. He reviewed his staff reported dated 10-4-07 and
requested denial based on the CUP review criteria.

Tod Anderson, Majestic Mountain Movers, 120 West 9th, acknowledged there have been a few
issues and they have fixed those issues when they have been contacted by staff. There is good
communication between the Town and their business and that will continue. They continuously
work on the issues. U-Haul is a difficult business to operate due to the nature of the business.
Rosanne Shaw arrived at 6:19 pm.
Josh Chance, General Manager, reviewed conditions 1, 2, and 5 of the prior CUP approval.
They are working on eight foot fencing for the area. They have had problems with vegetation
dying. To fix the problem they have a line of people/employees to water the vegetation. They
have been working on the problem of parking vehicles on the street and other’s property. They
are trying to utilize the moving truck parking spaces for U-Haul. They are considering parking
the moving trucks at a different location to provide more parking for U-Haul. They have talked
to Ed Kaupus, building owner about renting more area. There is access off of Adams Avenue.
They will turn in a modification in a week or two. The Majestic trucks would be stored in this
additional area. They were unaware of the requirement for the trash dumpster, they do have a
trash can. They will get a dumper if the Town is requesting one. This business is not the right fit
for the Comprehensive Plan but it fit with the types of businesses that surround them. He
understands the need to look neat along this area. He requested a two year CUP not a one
year. This would give them more time to come into compliance with the conditions and get
moved into the new area.
Ed Kaupas, resident and Kaupas Water Lab owner: this business is located between the car
dealership and Grease Monkey. He considers this is a historic building. U-Haul is good for the
community. They contain what they need to contain and what they can as soon as they can.
There are high and low seasons for this type of businesses; timing issues. They provide service
for the employees of Silverthorne. U-Haul is addressing the issues by increasing the area of the
business. This is a profitable business located in Silverthorne. He requested approval; they are
good for the community.
Council comments
McDonald: seems like we are doing this process backwards. Maybe we should originally
approve CUP’s for one year and then if they comply is could be extended for five years. He
doesn’t like these five year agreements, because it puts Council in a bad position. This is a
good business and it is important to the community. However the intent for a conditional use for
a C-1 area, is hopefully it looks and acts like a C-1, that is why there are conditions to be
followed. The business doesn’t seem like it is conforming. He appreciates the response to
Johnson’s requests for compliance. It is not Johnson’s job to spend this much time requesting
conformance on a CUP. Due to the nature of the business it seems doomed to non
conformance. You made comments about “We intend to do this or do that”. Those should have
been done in anticipation of this hearing. You intended to do this five years ago when you
signed on the dotted line, how is that any different tonight. If you feel you can comply with all
the conditions he would consider renewing it for a short period. He is on the fence for approving
it one year or not at all.

Shaw asked if a response was received from the applicant of staff letters.
Applicant stated yes they responded and faxed them to staff.
Johnson stated once the applicant received notices from staff they responded.
October 10, 2007
Page 2
Town of Silverthorne Town Council Meeting Minutes
Shaw stated she is concerned about the landscaping, she doesn’t see any progress.            She is
opposed to CUP’s in general because they take too much staff time.

Swanson stated he was there five years ago for the original CUP and he did support it. It was
controversial at that time. McDonald made some good points that he will not repeat. The site
does not function well for this type of business. Is there any way to increase the return area size,
because this is the major concern? He would need to see this in order to support the CUP
approval. The operation will not function as is. Conditional Use Permits are very hard for
Council. Storage areas in Silverthorne have been looked down on and that means this site
needs to be kept in order. If things continue as they have, he could not go along with approving
the CUP. He would like to see an improvement in the operational efficiency of the storage lot.
There are not areas in the County for this type of business. He would support a short term
renewal.

Kaupas stated the extra land can be used as the applicant sees fit.

Richardson addressed condition #4 – this location is not appropriate for this type of business.
There is a five year history of non-compliance. He likes the business, but not at this location.
He would support a six month extension only. This would give them time to relocate. If it is a
profitable business it can go in a C-2 zone.

Lanuza stated CUP’s are a problem, because by definition they are in the wrong location. They
are generally five years with conditions. We expect the conditions to be met. As a business
person you were aware of the conditions and now you are saying that you will address them
later. This should have been done before. When CUP’s are approved it is because we want to
be business friendly. When this comes up for renewal and the conditions have not been met
this makes a problem. He wants to help small businesses. He would go for a short term
approval. If the conditions cannot be met then the business needs to move. He would like to
see them stay in Silverthorne.
Long echoed everyone’s concerns. The success of the business is part of the problem. She
drives this area and has noticed that the moving trucks are most of the problem because they
are parked in others’ lots and on the street. She understands the issues with U-Haul. She was
cautious when this was approved 5 years ago. U-Haul is a desirable business for Silverthorne.
She is very disappointed staff and code enforcement did not bring this forward sooner. There
has been too much of staff time used to enforce the long list of conditions. She supports a one
year CUP only, so a solution can be found.

Dahl asked to make a record with Shaw since she came in after the staff presentation to make
sure she can participate. Dahl asked Shaw if reading the staff report and hearing some of the
testimony, would she be able to render an informed decision.
Shaw stated she would like to excuse herself because she did not hear the totality of the
presentation. Dahl asked Shaw to step down from voting. Shaw removed herself from the
meeting room.

Dahl has three options for Council to consider.
He reviewed the options: say yes with or without conditions with varying length of time, say no, or
continue the Public Hearing. What shouldn’t occur is amend/drafting the conditions for approval;
this would in essence be rewriting the application in a public meeting.

October 10, 2007
Page 3
Town of Silverthorne Town Council Meeting Minutes
Lanuza asked the applicant if they can meet the conditions within six months or a short
timeframe.
Chance stated he feels they can meet all the conditions of the CUP. With the additional leased
area they have discussed with the landlord they can relocate the moving trucks. Regarding the
landscaping, he feels with the employees they have in place they can stay on top of the
watering.
Rhonda Anderson, applicant, stated it has been a difficult business to run and they try to
address each issue. Six months ago they knew they would be coming before Council and they
started working on the landscaping issues. They address any issue brought forward by staff
right away. The dumpster will be placed within days. They were short half of the trees that they
needed. They are making an effort.
Tod Anderson, feels kind of beat up after the staff report and comments. There have been
problems and they have come up with solutions. The CUP states the rental trucks have to be
inside the gate so that is why the moving trucks have been outside the gate. They did that for a
while until staff called them. They met with staff to address the intent of the conditions. They
then met with Kaupas to address the new issue and he offered to rent more land. The dumpster
condition was misunderstood but has been corrected. As far as the landscaping and being
prepared for this meeting, the landscaping is always being worked on. They have worked on the
fence over the summer in preparation of this meeting. This is a difficult location with the amount
of equipment they have.
Kaupas reminded Council that there is not a lot of C-2 zoning in this county.

Public hearing closed
McDonald asked if this application can be renewed for six months with the stipulation of non
renewal? He asked if we have the ability to tie the hands of the Council at a later date.
Dahl stated the conditions can vary. He stated you cannot bind future Councils. Richardson
asked if it can be made non-renewable and give it a time period.
Dahl stated you could but that does not preclude the applicant from coming in and re-applying.
Richardson stated the application could be made separately for the movers and U-Haul.
RICHARDSON MOVED TO APPROVE THE R AND T ENTERPRISES, MAJESTIC
MOUNTAIN MOVERS/U-HAUL CONDITIONAL USE PERMIT FOR ONE (1) YEAR, WITH
THE STAFF RECOMMENDED CONDITIONS AND TO BE NONRENEWALABLE, MINUS
CONDITION #4.

Johnson pointed out that Kaupus’ business runs on a CUP also.

MOTION SECONDED.
Long stated this motion is clouding the waters. She suggested a one year renewal with staff’s
recommended conditions. Then after that period of time she would like to see the applicant
come back with a new application, so some of the issues could be addressed. Majestic
Mountain Movers could make application and address some of their issues. She asked if the
applicant could come back next week with an amendment to the application to address some of
Councils’ concerns.
Dahl stated they could.
Lanuza emphasized the conditions are in place for a reason and expect them to be adhered to.
He feels with Richardson’s motion we are kicking them out of town because there is no where
else for them to go.
Richardson stated there are places.

October 10, 2007
Page 4
Town of Silverthorne Town Council Meeting Minutes
McDonald asked about continuing this item. That would give them time to lease more space
and it makes sense to let them add space that may solve the problem. It could be looked at in
thirty days for a short term renewal. He feels this could be different in thirty days and has a
chance for conforming. He agrees this is a valuable business and this would give them time to
comply with the CUP.

Leidal stated there is a proposal in front of Town Council to vote on. The Town cannot really
force the applicant to do anything. A modification would require two site plans and two CUP’s to
be modified. That could not happen in thirty days. He suggested giving them a renewal with a
reasonable amount of time to work it out. He believes the applicant has heard Council wants
this worked out and will give them a chance to do that. Give them a renewal for a certain
timeframe. Then they will come before Council after that time with one or two new applications.
Swanson would like to give the applicant the chance to work this out. He does not support the
motion.
COUNCIL VOTED ON THE MOTION: RICHARDSON AYE. MCDONALD, SWANSON, LONG
LANUZA NAY. SHAW ABSTAINED. KOOP ABSENT. MOTION FAILED.

LONG MOVED TO APPROVE THE R AND T ENTERPRISES, MAJESTIC MOUNTAIN
MOVERS/U-HAUL CONDITIONAL USE PERMIT FOR ONE (1) YEAR, WITH THE STAFF
RECOMMENDED CONDITIONS AMENDING CONDITION #10 TO “ONE YEAR.”
1.    AN 8-FOOT HIGH SOLID CEDAR FENCE SHALL BE PLACED AROUND THE
STORAGE YARD SHOWN IN THE APPROVED SITE PLAN, AND SHALL BE MAINTAINED
IN GOOD CONDITION ON A CONTINUOUS BASIS.
2.    LANDSCAPING SHALL BE MAINTAINED IN GOOD CONDITION FOR THE
DURATION OF THE CUP.
3.    ALL PARKING AREAS SHALL BE PAVED AND MAINTAINED IN GOOD CONDITION
ON A CONTINUOUS BASIS AND THE STORAGE YARD SHALL BE SURFACED WITH A
DUST-FREE SURFACE.
4.    NO STORAGE OF ANY MAJESTIC MOUNTAIN MOVERS OR U-HAUL VEHICLES IN
ASSIGNED STORAGE AREAS ON KAUPAS WATER LAB’S SITE.
5.    AT NO TIME SHALL MAJESTIC MOUNTAIN MOVERS OR U-HAUL VEHICLES,
TRAILERS OR EQUIPMENT BE PARKED AT ANY TIME IN ANY LOCATION OTHER THAN
IN THE STORAGE YARD OR CUSTOMER DROP-OFF.
6.    A DUMPSTER SHALL BE PROVIDED BEHIND THE STORAGE YARD FENCE.
7.    THE APPLICANT SHALL ARRANGE FOR THE VACATION OF THE PROPERTY
LINE BETWEEN LOTS 4 AND 5R OF THE SILVERTHORNE NO. 2 SUBDIVISION.
8.    THE STORAGE YARD CONDITIONS:
a.    NO MORE THAN 36 RENTAL UNITS ARE PERMITTED.
b.    NO OTHER VEHICLE, EQUIPMENT OR MATERIAL IS PERMITTED WITHIN THE
STORAGE YARD OTHER THAN CURRENT CUSTOMER VEHICLES, RENTAL
EQUIPMENT, AND MAJESTIC MOVER VANS AND/OR TRUCKS.
9.    CUSTOMER DROP-OFF AND PARKING AREA CONDITIONS:
a.    ONE-HOUR LIMIT ON CUSTOMER PARKING.
b. RETURNED RENTAL EQUIPMENT PARKED IN THE DROP-OFF AREA IS LIMITED TO
A MAXIMUM OF 18 HOURS.
10.   THE CUP IS PERSONAL TO THE APPLICANT (R & T ENTERPRISES, INC.) AND IS
LIMITED TO 1 YEAR OR UNTIL THE USE CHANGES WHICHEVER OCCURS FIRST.

October 10, 2007
Page 5
Town of Silverthorne Town Council Meeting Minutes
MOTION SECONDED. MOTION PASSED BY COUNCIL. SHAW ABSTAINED AND KOOP
ABSENT

B.   Ordinance 2007-14, An Ordinance to Authorize Sales Tax Vendors to use the
     Colorado Department of Revenue Address Database – Second Reading
Shaw rejoined the meeting at this time.
Public hearing opened.
Finance Director Donna Braun presented Ordinance 2007-14 on second reading for Council’s
consideration. She reviewed the staff report and requested approval.

Public hearing closed.
Lanuza asked if the tax payer is held harmless for penalty, interest and tax.
Braun stated if the data base is inaccurate it is not the vendor’s fault. They are not liable for the
tax, penalty or interest.
RICHARDSON MOVED TO APPROVE ORDINANCE 2007-14 AN ORDINANCE AMENDING
THE SILVERTHORNE TOWN CODE, CHAPTER ONE, ARTICLE TEN, SECTION 1-10-87 TO
AUTHORIZE VENDORS USE OF AN ELECTRONIC DATABASE CERTIFIED BY THE STATE
DEPARTMENT OF REVENUE ON SECOND AND FINAL READING. MOTION SECONDED.
MOTION PASSED UNANIMOUSLY BY COUNCIL. (KOOP ABSENT)

C. Ordinance 2007-16, An Ordinance Amending the Silverthorne Town Code,
Chapter Four, Article VI, Section 16, Concerning Lighting Standards – Second Reading
Public hearing opened.
Planner II Susan M. Lee presented Ordinance 2007-16 on second reading for Council’s
consideration. She reviewed her staff report and the changes requested by Council to the first
reading of the ordinance. She requested approval.
Public hearing closed.
Richardson asked about lighting terminology.
Lee reviewed the terminology.
LANUZA MOVED TO APPROVE ORDINANCE 2007-16 AN ORDINANCE AMENDING
CHAPTER 4, ARTICLE IV, SECTION 4-6-16(i), CONCERNING LIGHTING STANDARDS, ON
SECOND READING. MOTION SECONDED. MOTION PASSED UNANIMOUSLY BY
COUNCIL. (KOOP ABSENT)

D.   Ordinance 2007 -17, An Ordinance Amending the Silverthorne Town Code Sections
        4-11-168 and 4-11-169, Concerning Nuisances, Second Reading
Public hearing opened.
Town Attorney Gerald Dahl presented Ordinance 2007-17 on second reading for Council’s
consideration. He reviewed his staff report, noted the changes made since first reading and
requested approval.
Public hearing closed.
Council thanked him for the changes made to the wording.
SHAW MOVED TO APPROVE ORDINANCE 2007-17 AN ORDINANCE AMENDING TOWN
CODE SECTIONS 4-11-168 AND 4-11-169 AND ENACTING ANEW SECTION 4-11-170
CONCERNING NUISANCES, ON SECOND READING. MOTION SECONDED. MOTION
PASSED UNANIMOUSLY BY COUNCIL PRESENT. (KOOP ABSENT)

BOARD OF ADJUSTMENT:
October 10, 2007
Page 6
Town of Silverthorne Town Council Meeting Minutes
None

ACTION ITEMS:
None

DISCUSSION ITEMS:
Long reviewed her discussion with Summit County Planner Jim Curnutte regarding the Heit
Ranch.

EXECUTIVE SESSION:
     Instruct Negotiators Regarding South Maryland Creek Ranch

SWANSON MOVED AT 7:39 TO GO INTO EXECUTIVE SESSION FOR A CONFERENCE
WITH THE TOWN ATTORNEY AND APPROPRIATE STAFF UNDER SECTION 24-6-
402(4)(E), C.R.S. SPECIFICALLY TO INSTRUCT NEGOTIATIONS CONCERNING THE
SOUTH MARYLAND CREEK RANCH ANNEXATION

HE FURTHER MOVED TO ADJOURN THE COUNCIL MEETING AT THE CONCLUSION OF
THE EXECUTIVE SESSION.

Mayor Koop joined the Executive Session at 8:12 pm.

INFORMATIONAL:
     A. Planning Commission Meeting Minutes – October 2, 2007
     A. SPORT Committee Meeting Minutes – September 20,2007

MEETING ADJOURNED AT 8:27 P.M.


__________________________________________
DAVE KOOP, MAYOR

                                                          ATTEST
                                                          _____________________________________

                                                          MICHELE KARLIN, TOWN CLERK


These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each
statement, person speaking or to portray with complete accuracy. The most accurate record of the meeting is the videotape of the meeting,
maintained in the office of the Town Clerk.




October 10, 2007
Page 7

				
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