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HomeMy WebLinkAboutMINUTES Town Board 1983-08-09N° 464 x' &fun of 3stes 13ark) Larimer County, Colorado, August 9 , 1983 Minutes of a ...z-p.gul.ar meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 9th day of August , A. D. 10 at regular meeting hour. Meeting called to order by Mayor .tiaxry, .13....Trggent Present: Mayor Harry B. Tregent Trustees: Also Present: Town Attorney Gregory A. White Absent: H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston. Robert E. Wagner, Richard A. Wood Minutes of the regular meeting held July 26th and the special meeting July 29, 1983, were approved. Trustee H. Bernerd Dannels moved the bills as presented be allowed and paid and the Clerk be authorized to draw warrants for the same. (A certified copy of the bills presented and allowed are on file in the office of the Town Clerk under this date, and made a part of the record of these proceedings by reference thereto.) 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, Richard A. Wood. Those voting "No" none. Trustee Byron L. Graves, Chairman of the Public Safety Committee, read the minutes of a meeting held July 27, 1983, and moved the minutes be approved. Trustee Richard A. Wood seconded the motion and it passed unanimously. Trustee Margaret Houston, Chairperson of the Light and Power Committee, read the minutes of a meeting held August 4, 1983, and moved the minutes be approved. Trustee Richard A. Wood seconded the motion. A discussion followed on the proposed sale of Estes Park Cable TV Company to Cable Systems, Inc. The Trustees expressed concern that the request to waive Section 7 (B) of the Permit, which provides for extension of cable service to all areas of the City may not have been complied with. Attorney White stated that the Trustees needed to find that Section 7 (B) of the Permit has been substantially complied with. Mr. John Kenmeir and Mr. Gene Smith stated that most of the Town is wired for cable TV and it is their intent to get service to everyone who wants it. In regard to the negotiations on the pole attachment agreement, Director Dekker stated that the Light and Power Department is waiting to receive the results of the pole audit and he sees no problem with negotiating the pole rental rates at that time. Those voting for approval of the minutes: Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" none. Trustee Margaret Houston introduced the following resolution and moved it be passed and adopted: RESOLUTION 30-83 WHEREAS, the Town of Estes Park issued a permit for the operation of a CATV station on July 4, 1981; and WHEREAS, Cable Systems Inc., hereinafter referred to as "Applicant" has entered into an agreement with Estes Park Cable TV Company for the purchase of the cable TV system; and WHEREAS, Applicant has requested that the Town waive certain requirements under the terms of the Permit Agreement to enable Applicant to complete the transfer of the Permit to Applicant; and Board of Trustees - August 9, 1983 - Page 2 WIIEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town to grant said waivers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN or ESTES PARK, COLORADO, THAT: 1. The Town shall waive the provisions of Section 11 (13) with regard to the operation of a local origination studio by allowing the substitution of the High School Auditorium according to the provisions of the letter of July 26, 1983, which is attached hereto as Exhibit "A" and incorporated herewith by reference. Applicant shall still be required to provide the equipment set forth on Exhibit "A" of the Permit Agreement. 2. The Applicant shall not be bound by the provisions of Section 35 of the Permit Agreement with regard to the letter of credit so long as the Applicant establishes an escrow account in the amount of $10,000.00. The escrow account provisions must provide that said account cannot be withdrawn by Applicant without written approval of the Town and also that the Town Tilly draw on the account, in order to satisfy the provisions of Section 35 of the Permit Agreement. Prior to the establishment of said escrow account, the escrow instructions shall be approved by the Town Attorney. 3. The Town hereby waives the provisions of Section 36 with regard to filing of a Construction and Performance Bond and states that the provisions of Paragraph 7 (B) have been substantially complied with. 4. The Town waives the requirement for the annual filing of an audited financial statement from Applicant under the pro- visions of Section 21 of the Permit and amends such section to provide that Applicant shall file an annual balance sheet with the Town no later than 90 days after the closing of the Applicant's fiscal year. However, the Town reserves the right to conduct an audit of the books and records of Applicant as provided in Section 37 of the Permit. 5. The above amendments to the Permit Agreement are contingent upon the sale of the Cable TV System from Estes Park Cable TV Company to Cable Systems Inc. Upon closing of the transfer of the system, Applicant and Town shall execute a written amendment to the Permit Agreement containing the above stated provisions and such Agreement shall be attached to the Permit Agreement and become a part thereof. 6. The above provisions apply only to the Permit Agreement if said Permit Agreement is transferred to Cable Systems Inc. and shall not amend the present Permit Agreement with Estes Park Cable TV Company until the effective date of transfer. Trustee Richard A. Wood seconded the motion and it passed unanimously. Trustee Richard A. Wood introduced the following resolution and moved it be passed and adopted: RESOLUTION 31-83 WHEREAS, the Town of Estes Park issued a permit for the operation of a CATV station on July 14, 1981; and WHEREAS, Cable Systems Inc., has requested that the Town of Estes Park approve the transfer of the Permit Agreement from Estes Park Cable TV Company to Cable Systems Inc., subject to certain modifications of said Permit Agreement; and Board of Trustees - August 9, 1983 - Page 3 WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interests of the Town to approve said transfer. NOW, THERFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The transfer of the Permit Agreement from Estes Park Cable TV Company to Cable Systems Inc., is hereby approved subject to the provisions of the Resolution dated August 9, 1983. Trustee Byron L. Graves seconded the motion and it passed unanimously. The minutes of the Board of Adjustment meeting held July 28, 1983, were read. The minutes of the Urban Renewal Authority meeting held August 4, 1983, were read. Mr. Joe Nichol, representing the Red Zinger Mini Classic Youth Bicycle Race appeared before the Board of Trustees to request permission to conduct the race in Estes Park on Thursday, August 18, 1983, from 8:30 a.m. to 1:30 p.m. Mr. Nichol also requested the support of three to four Town Police Officers to assist in traffic control on the morning of August 18th - one at The Inn on Highway 34; one at the intersection of Highway 7 and 34 and Elkhorn Avenue; and one at Highway 34 bypass and MacGregor. Another Officer may be requested to escort the Midget group (aged 9-11). Police Chief Ault stated that the Police Department will furnish the men and the Red Zinger organization will pay for the officers' time. Trustee H. Bernerd Dannels moved for approval of the request. Trustee Margaret Houston seconded the motion and it passed unanimously. Trustee Robert E. Wagner moved the liquor license renewal for The Pub be approved. Trustee George J. Hix seconded the motion and it passed unanimously. Trustee George J. Hix moved the liquor license renewal for the Lazy T Motor Lodge be approved. Trustee Byron L. Graves seconded the motion and it passed unanimously. Trustee H. Bernerd Dannels introduced the following resolution and moved it be passed and adopted: RESOLUTION 32-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a new Tavern Liquor License filed by R.M.J. Enterprises, Inc. dba Centennial Saloon is August 8, 1983, and it is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on September 13, 1983, at 7:30 p.m., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 2.9 miles as measured from the center of the applicant's property. Trustee Richard A. Wood seconded the motion and it passed unanimously. Board of Trustees - August 9, 1983 - Page 4 Trustee Richard A. Wood introduced the following resolution and moved it be passed and adopted: RESOLUTION 33-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a new Tavern Liquor License filed by Margaret Kay Adams dba the 300 Club is August 9, 1983, and it is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on September 13, 1983, at 7:30 p.m., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.92 miles as measured from the center of the applicant's property. Trustee Robert E. Wagner seconded the motion and it passed unanimously. In a letter dated August 2, 1983, Dr. James Durward requested use of the Town's "old" banner poles at the southeast corner of parking lot number one. Dr. Durward requested permission to put up the Long's Peak Scottish Highland Festival banner at the earliest possible date and remove it on September 12, 1983. Light and Power Director Dekker stated that $50-100 would have to be spent to get the old poles in shape for a banner. Trustee Robert E. Wagner stated that the Town had adopted rules and regulations for the use of banners and he thought Dr. Durward should use the poles which have been provided for banners. Trustee Robert Wagner moved the request be denied and that Dr. Durward be notified of this decision. Trustee H. Bernerd Dannels seconded the motion and it passed unanimously. Ms. Millie Davis, representing the Muscular Dystrophy Association, requested use of Bond Park on September 5, 1983, from 9:00 a.m. to 6:00 p.m. for a local craft bazaar with proceeds from booth rentals to benefit Muscular Dystrophy. A discussion followed on the best location for the booths. Trustee Robert Wagner moved that the request be granted subject to approval from the Public Works Director regarding location for the booths in Bond Park. Ms. Davis also requested permission to put up a portable stage on Park Lane Street. Trustee H. Bernerd Dannels moved for approval of the request subject to approval from the Public Works Director regarding the best location for the stage. Trustee Margaret Houston seconded the motion and it passed unanimously. Mayor Harry B. Tregent requested permission from the Board of Trustees to meet with representatives of Forward Estes Park Foundation and the Urban Renewal Authority Commission regarding administration of the Colorado Community Block Grant funds should they become available. Mayor Tregent would then make a recommendation to the Board of Trustees at the next Board meeting. If the recommendation does not meet with their desires, they could rescind his recommendation. The Trustees approved the Mayor's request. There being no further business, the meeting adjourned.