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HomeMy WebLinkAboutMINUTES Town Board 1981-04-28(`�ofInt of csIcs Park, Lorimer County, Colorado, April 28 19 81 Minutes of a ....rAgul.ar meeting of the Board of Trustees of the Town of Estes Park, Lorimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the ..2.8.th day of , A. D. 19.81. at regular meeting hour. Meeting called to order by Mayor Harry B. Tregent Present: Mayor Also Present: Absent: Harry B. Tregent Trustees: Robert E. Burgess, H. Bernerd Dannels, Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner Town Administrator - Dale G. Hill Town Clerk - Joan Van Horn Town Attorney - Gregory A. White None Minutes of the regular meeting held April 14, 1981 were read and approved as read. Mayor Harry B. Tregent conducted a public hearing on the transfer of ownership of the Tavern license of the Edel Haus Restaurant located at 1230 Big Thompson Avenue from Charles and Mary Lou Baumhover to Estes Park Elks Home, Inc. Rodney Hallberg, Attorney for the Estes Park Elks Home, Inc., appeared presenting the applica- tion and speaking in favor of the transfer. Attorney George Hass, representing Mr. Harry Schroeder, also spoke in favor of the pro- posed transfer of ownership and presented evidence supporting Mr. Schroeder's full current possession of the Edel Haus premises. Mr. Hallberg then continued with the applicant's presentation by questioning Mr. Ed Brueggeman, Exaulted Ruler of the Elks Club. Mr. Brueggeman also described the function and activities of the Elks organization. Mary Lou Baumhover appeared presenting her husband's and her interest in the existing Tavern license and the Edel Haus Restaurant. She also questioned whether or not a possible conflict of interest may exist due to Trustees Graves, Meusel and Wagner having member- ship in the Estes Park Elks Club. Donald C. Willette, Realtor having previous interest in the Edel Haus liquor license, also offered comments in support of the opposition. Correspondence regarding the transfer of ownership and character reference letters were received from the following: April 10, 1981 . Neil Piller April 27, 1981 . Charles and M. L. Baumhover April 28, 1981 . . . . George H. Hass April 9, 1981 . . Harry Romer April 9, 1981 . . . . Mrs. Floyd Street April 9, 1981 . . . . Ray Stroh April 9, 1981 . . . . Elroy C. Vogel April 9, 1981 . . . Steven L. Patrick April 9, 1981 . . . Benton M. Calkins, Jr. April 9, 1981 . . John L. Slepicka Attorney George Hass offered comments in rebuttal. Trustee Graves clarified that he is a member of the Loveland Elks Club and not the Estes Park Elks Club and, therefore, does not face a conflict of interest. Members Meusel and Wagner stated that they did not feel that their involvement with the Estes Park Elks Club consti- tuted a conflict of interest. Town Attorney Gregory A. White cited Section 47-106.3 Subsection (e) from the 1973 Colorado Revised Statutes, as Amended,for the local licensing authority's consideration in the transfer of ownership. Mayor Harry B. Tregent declared the hearing closed. Trustee Robert E. Burgess moved that the Board of Trustees finds that the application for the transfer of the tavern license from Charles F. Baumhover and Mary Lou Baumhover to the Estes Park Elks Home, Inc. meets the requirements for the transfer of ownership of the Colorado Liquor Code and the transfer of said license is Board of Trustees - April 28, 1981 - Page 2 approved. Trustee Dannels seconded the motion and it passed unani- mously. Hary Neely, appearing on behalf of Joyce Ellenbecker of the County Human Development Department, discussed the County's proposal to establish a housing authority. He explained that the reasons for establishing a County housing authority were because of the need for elderly housing, the need in rural areas for the services of a housing authority, to obtain funding for rent payments, to pro- vide services to low income people and to administer the weather- ization program in the future if the responsibility is transferred to the housing authority. The jurisdiction of the County housing authority would be in those areas in Larimer County not presently served by a housing authority. Resolutions will be required from those towns and cities which will be served by the County housing authority to authorize the County housing authority to act within the city limits. Planning Commission Chairman Al Sager reported on the Governor's Second Annual Main Street Conference which six Planning Commission members attended in March. The conference focused on economic revitalization of downtown areas and emphasized the need to return and encourage self reliance in communities through local public and private participation. Trustee H. Bernerd Dannels, Chairman of the Public Works Committee, read the minutes of a meeting held April 16, 1981 and moved the minutes be approved. Trustee Wagner seconded the motion and it passed unanimously. Trustee Robert E. Wagner introduced the following resolution and moved it be passed and adopted: RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor is hereby authorized and directed to sign the contracts by and between the Town of Estes Park and Coulson Excavating Company, and the Town of Estes Park and Best -Way Paving for the 1981 street improvement program. Trustee Houston seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Robert E. Burgess, H. Bernerd Dannels, Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner. Those voting "No" none. Trustee Byron L. Graves, Chairman of the Public Safety Committee, read the minutes of a meeting held April 23, 1981 and moved the minutes be approved. Trustee Burgess seconded the motion and it passed unanimously. The minutes of the Estes Park Planning Commission meeting held April 21, 1981 were read. Bill Van Horn presented the final plat of Saint Vrain Center Sub- division and a petition for an exception to the cul-de-sac radius requirement. He requested a conditional approval subject to the attorney's certification of signatures, revised letter of credit and improvement guarantee being submitted. Trustee H. Bernerd Dannels moved consideration of the final plat be tabled until the items are submitted. Trustee Wagner seconded the motion and it passed unanimously. Trustee Margaret Houston moved that consideration of the rezoning of portions of the Saint Vrain Center Subdivision from C-2 to C-1 be tabled until the final plat of Saint Vrain Center Subdivision is approved. Trustee Meusel seconded the motion and it passed unanimously. Paul Kochevar, representing the Estes Park Masonic Building Foundation Inc., presented the Masonic Subdivision which proposes dividing Lot 1, Acacia Acres into two lots of 2.79 and 1.0 acres. Board of Trustees - April 28, 1981 - Page 3 Trustee Robert E. Wagner introduced the following resolution and moved it be passed and adopted: RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the petition and plat of Masonic Subdivision are hereby approved and that the Mayor and Town Clerk are authorized and directed to sign the plat. Trustee Graves seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner, Robert E. Burgess. Those voting "No" none. Paul Kochevar, on behalf of the owners, requested consideration of the Murphy -Veal Subdivision be tabled. Trustee Robert E. Burgess moved the matter be tabled. Trustee Wagner seconded the motion and it passed unanimously. Trustee Robert E. Burgess introduced and the Town Administrator read in full the following entitled ordinance and Trustee Burgess moved it be passed and adopted on first and final reading: AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, RELATING TO NEW LIGHT AND POWER RATE SCHEDULES CONTAINING CONDITIONS OF SERVICE AND CHARGES FOR ELECTRIC POWER AND ENERGY BY THE LIGHT AND POWER DEPARTMENT OF THE TOWN OF ESTES PARK, COLORADO. Trustee Houston seconded the motion and it passed by the fol- lowing votes: Those voting "Yes" Trustees Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner, Robert E. Burgess, H. Bernerd Dannels. Those voting "No" none. Whereupon Mayor Harry B. Tregent declared said ordinance duly passed and adopted and ordered it numbered #5-81 and published according to law. The Board of Trustees reviewed a proposed ordinance permitting the Building Inspector to issue all curb cut permits. Several trustees felt that the sentence pertaining to the procedure to follow if no application for a curb cut permit is made prior to building permit issuance was confusing and Trustee Robert E. Wagner moved the ordinance be returned to the Town Attorney for clarification. Trustee Dannels seconded the motion and it passed unanimously. Trustee H. Bernerd Dannels moved the liquor license renewal for the Lions Club of Estes Park for the concession stand at Stanley Park be approved. Trustee Graves seconded the motion and it passed unanimously. Trustee Robert E. Wagner introduced the following resolution and moved it be passed and adopted: RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor and Clerk are hereby authorized and directed to sign the agreements by and between the Town of Estes Park and the following: Rocky Mountain Paint Horse Association for performances to be held August 14 - 16, 1981. Mountain and Plains Appaloosa Horse Club, Inc. for performances to be held July 24 - 26, 1981. Board of Trustees - April 28, 1981 - Page 4 Estes Park Night Rodeo Inc. Colorado Ponies of America Club for performances to be held June 13 - 14, 1981. Colorado State High School Rodeo Association for performances to be held June 18 - 21, 1981. Walter Alsbaugh Rodeo for performances to be held July 15 - 20, 1981. Trustee Graves seconded the motion. Mayor Tregent requested from Stanley Park Business Manager Bob Scott that the names of the individuals involved in the Estes Park Night Rodeo Inc. be sub- mitted to the Town. The motion passed by the following votes: Those voting "Yes" Trustees Margaret Houston, Craig W. Meusel, Robert E. Wagner, Robert E. Burgess, Byron L. Graves, H. Bernerd Dannels. Those voting "No" none. Trustee Robert E. Burgess introduced the following resolution and moved it be passed and adopted: RESOLUTION WHEREAS, the Board of Directors of Platte River Power Authority ("Platte River"), after hearing evidence presented by its management, staff and independent consultants, has concluded that it is to the economic advantage of the four municipalities which own Platte River for Platte River to operate its electric system in a load control area that is joint with the Public Service Company of Colorado ("Public Service"), as the preferred alternative to continuing in the load control area of the Western Area Power Administration ("WAPA"); and WHEREAS, Platte River's Board has, by Resolution No. 17-81, authorized the execution on behalf of Platte River of the Joint Load Control Area Agreement with Public Service, and such agreement has been executed by both parties on March 27, 1981; and WHEREAS, Platte River's Board has, by Resolutions Nos. 17-81 and 54-79, authorized and directed its General Manager (1) to negotiate appropriate license agreements with the United States for the installa- tion of transmission metering facilities necessary to the operation of the new joint load control area; and (2) to investigate the feasi- bility of Platte River's acquisition of the 115 kV WAPA transmission lines in parts of Larimer, Boulder and Weld Counties over which energy is delivered on behalf of Platte River to its four constituent munici- palities, including Estes Park; WHEREAS, the Board of Trustees of the Town of Estes Park has been fully advised of the decisions of Platte River's Board relating to the matters just recited and has concluded that the policies and programs of Platte River in regard thereto are sound and in the best interests of Estes Park's electric customers; Board of Trustees - April 28, 1981 - Page 5 NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park that: (1) The findings and actions of Platte River's Board of Directors relative to the establishment of a joint load control area with Public Service, and the acquisition of 115 kV transmission capacity owned by WEPA, be, and hereby are, endorsed and approved; (2) Platte River's Board of Directors should continue to authorize and direct, as it finds appropriate, the vigorous pursuit of all necessary negotiations with the United States concerning the licensing of the required load control area metering, and the acquisition of the aforementioned WAPA owned 115 kV transmission capacity in Larimer, Boulder and Weld Counties, and; (3) A copy of this Resolution be provided as soon as possible to Platte River for its use in informing each member of the Colorado's Congressional delegation, and others as appropriate, of this action by the Board of Trustees of the Town of Estes Park. Trustee Dannels seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Craig W. Meusel, Robert E. Wagner, Robert E. Burgess, H. Bernerd Dannels, Byron L. Graves, Margaret Houston. Those voting "No" none. There being no further business, the meeting adjourned. Mayor Town Clerk