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HomeMy WebLinkAboutMINUTES Town Board 1983-06-28% Znfurtof ,=is es Park, Lorimer County, Colorado, June . 2E , 1983... Minutes of a regular 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 28th day of June , A. D. 19.83. at regular meeting hour. Meeting called to order by Mayor ...Har.sy. B . • .T.regent Present: Mayor Harry B. Tregent Trustees: H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, Richard A. Wood Also Present: Town Administrator Dale G. Hill Absent: Minutes of the regular meeting held June 13, 1983, were submitted and approved. Trustee H. Bernerd Dannels, Chairman of the Public Works Committee, read the minutes of a meeting held June 22, 1983, and moved the minutes be approved. Trustee Robert E. Wagner seconded the motion and it passed unanimously. Trustee H. Bernerd Dannels, Chairman of the Public Works Committee, read the minutes of a meeting held June 27, 1983, and moved the minutes be approved. Trustee Margaret Houston seconded the motion and it passed unanimously. Trustee H. Bernerd Dannels introduced the following resolution and moved it be passed and adopted: RESOLUTION 22-83 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 Contract with Chief's Landscaping and Nursery, Ltd. for West Riverside Park - Phase III, in the amount of $28,741.75. Trustee Robert E. Wagner seconded the motion and it passed unanimously. Trustee Byron L. Graves, Chairman of the Public Safety Committee, read the minutes of a meeting held June 23, 1983, and moved the minutes be approved. Trustee Richard A. Wood seconded the motion and it passed unanimously. Trustee Robert E. Wagner, Chairman of the Stanley Park Committee, read the minutes of a meeting held June 27, 1983, and moved the minutes be approved. Trustee Richard A. Wood seconded the motion and it passed unanimously. The minutes of the Board of Adjustment meeting held June 13, 1983, were read. The minutes of the Estes Park Planning Commission meeting held June 21, 1983, were read. Mayor Harry B. Tregent conducted a public hearing on the adoption of floodplain maps for the Beaver Point area. Mayor Tregent opened the public hearing on the adoption of floodplain maps numbered BT- 4, BT-5, BT-6 and BT-7. Those speaking in favor of the adoption, none. Those speaking in opposition, none. No correspondence was received. Mayor Tregent declared the hearing closed. Board of Trustees - June 28, 1983 - Page 2 Trustee H. Bernerd Dannels introduced, and the Town Administrator read in full, the following entitled ordinance adopting the four floodplain maps numbered BT-4, BT-5, BT-6 and BT-7, and moved it be adopted: AN ORDINANCE FOR THE ADOPTION OF ADDITIONAL OFFICIAL FLOODPLAIN MAPS THE SAME PERTAINING TO THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO. Trustee Richard A. Wood seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" none. Whereupon Mayor Harry Tregent declared said ordinance duly passed and adopted and ordered it numbered #9-83 and published according to law. Mayor Harry B. Tregent conducted a public hearing on a proposed ordinance that will allow child care centers in an R-2 Multiple Family Residential Zone by special review. Those speaking in favor of the proposed ordinance: Ruth Rathsack, Jeremy Kaercher, and Steve Spry. Those speaking in opposition: Dave Delashmutt, who entered into the record a petition with 98 psignatures of people in opposition to the amendment, (as presented to the Estes Park Planning Commission). A letter was received from Mary Kay Mack dated June 26, 1983, in support of the ordinance amendment. Mayor Tregent declared the hearing closed. A discussion followed on the permitted uses in the R-2 Multiple Family zoning district. Trustee H. Bernerd Dannels introduced, and the Town Administrator read in full, the following entitled ordinance: AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO ZONING Trustee Robert E. Wagner seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner and Richard A. Wood. Those voting "No" none. Whereupon Mayor Harry B. Tregent declared said ordinance duly passed and adopted and ordered it numbered #10-83 and published according to law. Special Review Request No. 43 - to permit a Massage Parlor in a C- 1 Commercial Zone was presented to the Trustees. The Special Review Request was submitted by Donna Rearick who is requesting a massage therapy room at the Estes Park Health Club, 470 Prospect Village Drive. Trustee Byron L. Graves moved for approval of Special Review Request No. 43. Trustee Richard A. Wood seconded the motion and it passed unanimously. Mayor Harry B. Tregent conducted a public hearing regarding the application for a massage parlor submitted by Donna L. Rearick d/b/a Donna Negus Rearick Therapeutic Massage at 470 Prospect Village Drive. Donna Rearick appeared speaking in favor of the application and gave her qualifications as a massage therapist. Ms. Rearick also presented a petition with 146 names of people in favor of the massage therapy room, and a resume of her qualifications. No one appeared speaking in opposition to the license. The following correspondence was received in support of the massage parlor license: Rev. Stuart G. Fitch 5/20/83 Lawrence C. Grossman 5/18/83 Alice Milligan 5/18/83 Charlotte Benton 5/25/83 Mayor Harry B. Tregent declared the hearing closed. Trustee George J. Hix moved that the Board of Trustees finds that the massage parlor licenses already granted in this locality or area are inadequate for the reasonable requirements of the neighborhood, and that the desires of the inhabitants at this time are that this license application be granted and that the license is granted. Trustee Robert E. Wagner seconded the motion and it passed unanimously. Board of Trustees - June 28, 1983 - Page 3 Mayor Tregent allowed Mike Haber and others in the audience to speak regarding the parking ban on Elkhorn Avenue and other concerns they had regarding the implementation of the Urban Renewal Plan. Those speaking in opposition to the parking ban: Mike Haber, Ken Jandrain, Ron Brodie, Cheri Hauser, Doris Herzog, Diane Seybold and Charles Herzog. Those speaking in favor of the parking ban: Pep Petrocine, Bob Peterson, Lou Canaiy, Norb Aldrich, J. B. Gillentein, Chris Farrell, Judy Ricker, who read a letter from June Bartlett in favor of the downtown improvements. Correspondence in favor of the parking ban was received from: Glen Hansen 6/23/83 Patricia and Al Jamieson A telephone call was received from Laurel Dick on June 28, 1983, stating her support of the downtown redevelopment and the parking ban. Mike Haber requested that Mayor Tregent call for a vote of the Trustees regarding the repeal of the parking ban on Elkhorn Avenue. Mayor Tregent asked the Trustees individually their feelings about the parking situation. All agreed to "stay the course" in implementing the parking ban. Mike Haber again asked Mayor Tregent for a formal vote on this issue. Trustee H. Bernerd Dannels moved that the parking remain off of Elkhorn Avenue as previously decided. Trustee Robert Wagner seconded the motion and it passed unanimously. Mr. Tom Mace appeared to request the change of ownership of the tavern liquor license for the Holiday Inn from Estes Park Inns, Inc. to Forever Living Products, Inc. Trustee Richard A. Wood moved for approval of the change of ownership. Trustee Margaret Houston seconded the motion and it passed unanimously. Mayor Harry B. Tregent stated that the Town of Estes Park would be losing our Judge because the State is cutting down on funding for the Courts. Mayor Tregent asked support from all citizens in Estes Park to help in reinstating the Judge in Estes Park through letter writing, etc. Dr. Dan Savitske appeared to request permission for a Kinetic Conveyance Race down one lane of Elkhorn Avenue from Elkhorn Lodge to the intersection of Highways 34 and 36, and then across the Lake to the Chamber of Commerce Visitor Center, on Saturday, July 16, 1983, from 10:00 a.m. to 11:00 a.m. Dr. Savitske stated that the whole race should last approximately one hour from start to finish. Trustee H. Bernerd Dannels moved for approval of this request. Trustee Richard Wood seconded the motion and it passed unanimously. Mr. Barry Myers, representing the Fine Arts Guild, appeared to request the 20 parkings spaces on the west side of MacGregor Avenue be closed from 6:00 a.m. to 5:00 p.m. on Saturday and Sunday, September 17th and 18th during the Fine Arts Guild Crafts Fair. Mr. Myers also requested use of the grass area on the west side of the library during the Crafts Fair. Trustee Robert E. Wagner moved the requests to close the 20 parkings spaces and the use of the grass area on the west side of the library be granted for September 17th and 18th during the Fine Arts Guild Crafts Fair. Trustee George J. Hix seconded the motion and it passed unanimously. Trustee Margaret Houston moved that the Mayor be authorized to vote the Estes Park Golf and Country Club Stock at a meeting to be held on June 30, 1983. Trustee Byron L. Graves seconded the motion and it passed unanimously. Light and Power Director Dekker reported on Platte River Power Authority's electric rate reduction of approximately 5.4% in purchased power costs to Estes Park. Director Dekker stated that this cost reduction will result in a 3.3% reduction in electric rates to our customers. Trustee Margaret introduced the following resolution and moved it be adopted: Board of Trustees - June 28, 1983 - Page 4 RESOLUTION 23-83 WHEREAS, The Board of Trustees of the Town of Estes Park has, at a regular meeting duly convened on June 28, 1983, considered pertinent and material data and information concerning a proposed decrease in rates affecting electric service provided both within and outside the corporate limits of the Town; and WHEREAS, it is recognized that under recently enacted statutes the Board of Trustees of the Town of Estes Park (hereinafter referred to as "Board") currently exercises exclusive jurisdiction over electric rates and electric services provided to consumers outside the corporate limits of the Town so long as such rates do not vary from those charged to consumers in the same rate class within the cor- porate limits of the Town; and WHEREAS, The Board, after reviewing and fully consider- ing all pertinent and material data so presented and after receiving the recommendation of the Light and Power Committee; does hereby determine and find the proposed decrease in the existing purchase power rider, which affects the base electric rates, is required in order to: (1) Provide consumers a rate reduction corresponding to a recent reduction in the wholesale rates charged to the Town; and (2) Maintain public confidence in, and support of, the municipal electric system; and WHEREAS, the decrease proposed in electric rates is uniform for all consumers of the same rate class and is identical for consumers, within the same rate class, located within and outside the boundaries of the Town; and WHEREAS, it is highly desirable that the benefit of such decreased rates be realized by all consumers as soon as possible without delay, and on the same date for consumers within the corporate limits of the Town and consumers outside the boundaries of the Town; and Board of Trustees - June 28, 1983 - Page 5 WHEREAS, the Board will adopt an appropriate ordinance implementing the new rates applicable to electric service provided within and outside the municipal boundaries of the Town. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, as follows: 1. That the above recitals are incorporated by reference in this resolution. 2. That the proposed decrease in rates for electric service within and outside the Town of Estes Park will result in a negative Purchase Power Rider of ($0.00075) per KWH, and is to be identical for consumers, within the same rate class, located within and outside the boundaries of the Town. 3. That good cause has been shown for not requiring notice and a public hearing in connection with this rate decrease due to the desirability of providing consumers the benefit of decreased rates charged to the Town as quickly as possible and without delay. 4. That the proposed rate decrease in the Purchase Power Rider shall take effect and be in force as of the first electric billing period commencing on and after July 8, 1983, pursuant to an ordinance to be duly adopted by the Board of Trustees, and shall be published pursuant to statutory ordinance procedure. Trustee Richard A. Wood seconded the motion and it passed unanimously. Trustee Richard Wood introduced, and the Town Administrator read in full, the following entitled ordinance and moved it be passed and adopted: AN ORDINANCE AMENDING SECTION 13.12.080 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, RELATING TO LIGHT AND POWER RATE SCHEDULES CONTAINING CHARGES FOR THE SERVICE OF ELECTRIC POWER AND ENERGY BY THE LIGHT AND POWER DEPART- MENT OF THE TOWN OF ESTES PARK, COLORADO. Board of Trustees - June 28, 1983 - Page 6 Trustee Margaret Houston seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" none. Whereupon Mayor Harry B. Tregent declared said ordinance duly passed and adopted and ordered it numbered #11-83 and published according to law. Mayor Harry B. Tregent announced the appointment of the Urban Renewal Authority Commissioners, with their term of office. The Commissioners are as follows: Charles H. Phares Larry Helmich J. Donald Pauley Edward B. Pohl Dale G. Hill Anne K. Moss Arthur L. Anderson Two Years One Year Two Years One Year Three Years Four Years Five Years Trustee Richard Wood moved for approval of the Urban Renewal Authority Commissioners as presented by Mayor Tregent. Trustee George J. Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" none. Mayor Harry B. Tregent appointed Charles H. Phares as Chairman of the newly appointed Urban Renewal Authority Board. Town Administrator Dale G. Hill reported that Larimer and Weld Counties were combining their share of State funds, (to be used for low income single family housing) to issue Single Family Mortgage Revenue Bonds. The combined issue would result in a $15,000,000 bond issue with a mortgage rate of 10 3/4 - 11 1/4% for a 20-30 year fixed payment mortgage term. Estes Park's share of the bond issue is approximately $107,000. Trustee Robert E. Wagner introduced the following resolution and moved it be passed and adopted: RESOLUTION 24-83 A RESOLUTION NITHORIZING THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO TO DELEGATE ITS AUTHORITY TO ISSUE REVENUE BONDS FOR THE PURPOSE OF PROVIDING ADEQUATE RESIDENTIAL HOUSING FACILITIES FOR LCW- AND MIDDLE -INCOME FAMILIES AND PERSONS TO LARIMER COUNTY, COLORADO, OR TO SUCH OTHER COUNTY AS AUTHORIZED BY LARIMER COUNTY, COLORADO, AND TO ISSUE SUCH REVENUE BONDS ON BEHALF OF THE TOWN OF ESTES PARK, COLORADO. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO (the "Town") AS FOLLOWS: Section 1. The Town, pursuant to Section 29-3-101(2) of the Colorado Revised Statutes 1973, as amended, hereby irrevocably delegates to Larimer County, or to such other county as authorized by Larimer County, the Town's authority to issue revenue bonds during the calendar year 1983 for the purpose of financing residential facilities for low- and middle -income families and persons. Section 2. The Bonds shall not constitute the debt or indebtedness of the Town, Larimer County, the State or any other political subdivision thereof within the meaning of any provision or limitation of the Constitution or statutes of the State nor give rise to a pecuniary liability of or a charge against the general credit or taxing powers of the Town, Larimer County, the State or any other political subdivision thereof. Section 3. This resolution shall be effective immediately upon its passage. Board of Trustees - June 28, 1983 - Page 7 Trustee Byron L. Graves seconded the motion and it passed unanimously. Ms. Joy Kilbourn, from Joy's Candy Box, appeared to request permission to erect a lemonade stand in Bond Park to sell lemonade during the Coors Classic Bicycle Race on July 8, 1983. She also stated that if the stand were not permitted, she would like to use concessionaires during the race. A lengthy discussion followed. Trustee Wagner stated that no local merchants had been selling refreshments during the race - that this has been strictly a "Coors Classic event". Trustee H. Bernerd Dannels moved that the vending not be allowed in Bond Park. Trustee Byron L. Graves seconded the motion and it passed unanimously. There being no further business, the meeting adjourned.