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HomeMy WebLinkAboutMINUTES Town Board 1986-07-08Zotort of '7gstes Minutes of a arh, Larimer County, Colorado, regular July 8 , 1986 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 8th day of August , A. D. 19. at regular meeting hour. Meeting called to order by Mayor H. Bernerd Dannels Present: Mayor H. B. Dannels Trustees: Dale G. Hill, Also Present: Town Administrator Gregory A. White, Town Attorney Absent: None Norbert L. Aldrich, David Barker, Mark T. Brown, David Habecker, George J. Hix, Paula L. Laing Minutes of the regular meeting held June 24, 1986 were submitted and approved. Trustee Laing moved the bills, as presented, be allowed and paid and that the Clerk be authorized to draw warrants for same. (A certified copy of the bills presented and allowed are on file in the Finance Office under this date, and made a part of the record of these proceedings by reference thereto). Trustee Barker seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker, Hix and Laing. Those voting "No" none. Minutes of the Public Safety committee meeting held June 26, 1986 were read. Trustee Aldrich, Chairman of the Committee, moved the minutes be approved. Trustee Laing seconded the motion and it passed unanimously. Trustee Aldrich introduced, and Town Attorney White read in full, the following Ordinance for first reading and moved it be adopt- ed: AN ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAIN- ING TO ALARM SYSTEMS Trustee Brown seconded the motion and it passed unanimously. Trustee Aldrich introduced, and Town Administrator Hill read in full, the following Ordinance for first reading and moved it be adopted: AN ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAIN- ING TO OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT Trustee Laing seconded the motion and it passed unanimously. Minutes of the Light and Power Committee meeting held July 3, 1986 were read. Trustee Laing, Chairman of the Committee, moved the minutes be approved. Trustee Habecker seconded the motion and it passed unanimously. Minutes of the "Special" Public Works Committee meeting held July 3, 1986 were read. Mr. Chris Jeffries, representing Ms. Charlotte Miller/Indian Village, appeared before the Trustees objecting to the placement of six (6) newspaper racks adjacent to the aforementioned property on Elkhorn Avenue. Mr. Jeffries stated the presence of the racks caused interference with Ms. Miller's ability to maintain the sidewalk; the window displays Board of Trustees - July 8, 1986 - Page two were disrupted by a portion of one rack; and the burden of the newsracks was not being shared equally by all merchants. Public Works Director Widmer reported that several meetings had been held with various newspaper firms; the designated locations were arrived at through negotiation between the newspaper firms and the Town. The Town has jurisdiction over those racks being placed on public property; however, Town Attorney White stated the newspaper companies did have a constitutional right to place the racks on the sidewalk. Director Widmer submitted photographs depicting the various newsracks that had already been placed in the downtown area. Two of the racks extended above the window sill of Ms. Miller's building. Trustee Brown moved the minutes be approved subject to the following amendment concerning the newspaper racks: staff contact those two firms with newsracks extending above the window sill of the Indian Village building, requesting they be replaced. Trustee Barker seconded the motion and it passed unanimously. Subject to Town Attorney White's approval, Trustee Hix moved the 1986 Street Improvement Contract in the amount of $127,641.00 be awarded to Coulson Excavating. Trustee Brown seconded the motion and it passed unanimously. Mr. Thomas Curren, Larimer-Weld Regional Council of Governments presented a list containing 21 goals and objectives for COG during 1987. Of special interest was water quality, transporta- tion, circuit rider program, level of service, tourism, economic development, and sludge disposal. Mr. Curren reported membership dues should not increase due to the addition of new and associate members. Trustee Aldrich praised the working relationship he and Mr. Curren had experienced and stressed the need to investigate how COG might better serve municipalities on the regional level. Minutes of the Board of Adjustment meeting held June 25, 1986 were read. The Board of Trustees considered the Spruce Lake Annexation Request. Town Attorney White read in full a proposed easement between the owners of Spruce Lake Addition and the Town. Attor- ney White had been assured the owners would sign the easement and return it to the Town as soon as possible. Mr. Greg Rosener, representing the owners, confirmed the facts as stated by Town Attorney White with regard to signing the agreement. In recommending approval of the lot split, the Planning Commission included a condition that the easement be provided. The revised easement clarified improvements, allowed options and set a time -frame for path construction for a public access to the Big Thompson River. Approval of construction for such a path would ultimately be that of the Town's; however, the owners would reserve the right to review such plans for construction of the easement prior to commencement of construction. Trustee Brown introduced, and Town Attorney White read in full, the following Ordinance and moved it be adopted: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS SPRUCE LAKE ADDITION Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker, Hix and Laing. Those voting "No" none. Whereupon Mayor Dannels declared said Ordinance duly adopted and ordered it numbered 12-86 and published according to law. The second item for consideration was the proposed Lot Split for Spruce Lake Addition which would create Lots 1 and 2 from an existing tract. Lot 1 would contain 11.59 acres, Lot 2 - 1.75 acres and Lot 3 - 0.92 acres. Planner Stamey reported all four conditions, which included the public river access easement, placed by the Planning Commission had been met. Trustee Brown moved the Lot Split for Spruce Lake Addition be approved subject Board of Trustees - July 8, 1986 - Page three to the owners signing the Easement Agreement. Trustee Hix seconded the motion and it passed unanimously. Mayor Dannels declared a public hearing to consider the zoning for Spruce Lake Addition. Those speaking in "favor" of the zoning request for Lots 1 and 2 C-O Commercial Outlying and Lot 3 R-Residential - Mr. Greg Rosener. There were no persons speaking in "opposition" to the request. Whereupon Mayor Dannels declared said public hearing closed. Trustee Brown introduced, and Town Attorney White read in full, the following Ordinance and moved it be adopted: AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAIN- ING TO ZONING Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker, Hix and Laing. Those voting "No" none. Whereupon Mayor Dannels declared said Ordinance duly adopted and ordered it numbered 13-86 and published according to law. Dr. Sam Luce presented Arapaho Meadows P.U.D., Phase 1 - Final Plat. Dr. Luce stated all conditions placed on the final plat by the Planning Commission had been met which was confirmed by Planner Stamey. Town Attorney White had expressed concerns regarding (1) the governing of the open space and (2) the origi- nal Annexation Agreement whereby no construction would be allowed without an access above a "red line" which was drawn through the middle of the property. Town Attorney White read in full an "Amendment to Annexation Agreement" which amended the Agreement dated October 22, 1985. Trustee Brown moved Mayor Dannels be authorized to execute the Amendment to Annexation Agreement. Trustee Hix seconded the motion and it passed unanimously. With regard to open space, Town Attorney White advised a note should be placed on the plat addressing the governing of such open space. Trustee Brown moved Arapaho Meadows P.U.D., Phase I - Final Plat be approved with the condition that a note be placed on the plat stating "no building permits will be issued until such time as either an agreement has been negotiated between the Estes Valley Recreation and Park District and Dr. Luce with regard to open space or a Homeowner's Association has been incorporated and the property deeded to that association." Trustee Hix seconded the motion and it passed unanimously. Due to publication requirements, action taken by the Board of Trustees June 24, 1986 adopting an Ordinance for the establish- ment of a library district was null and void. Trustee Laing in- troduced, and Town Administrator Hill read in full the title for the final reading, of the following Ordinance and moved it be adopted: AN ORDINANCE REQUESTING THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE BOULDER COUNTY BOARD OF COUNTY COMMISSIONERS TO SUBMIT THE QUESTIONS OF THE ESTABLISHMENT OF THE ESTES VALLEY PUBLIC LIBRARY DISTRICT AND OF AN INCREASE IN THE MAXIMUM TAX LEVY FOR THE PROPOSED DISTRICT, IF ESTABLISHED, TO THE QUALIFIED ELECTORS OF THE PROPOSED DISTRICT The Ordinance was amended by (1) revising the maximum tax levy from 3 mills to 2.8 mills; (2) Section 6. - addressing merging any existing library located within the boundaries of the Town of Estes Park with the District; and (3) revising the two questions to be added to the ballot. Trustee Aldrich seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker, Hix and Laing. Those voting "No" none. Whereupon Mayor Dannels declared said Ordinance duly adopted and ordered it numbered 14-86 and published according to law. Board of Trustees - July 8, 1986 - Page four Trustee Brown moved the Tavern Liquor License renewal submitted by Black Canyon Inn, which included Extended Hours, be approved. Trustee Hix seconded the motion and it passed unanimously. A letter submitted by Chief of Police Ault identifying two criminal convictions against two persons listed on the Tavern Liquor License renewal for The Pub was read aloud. Trustee Brown moved the liquor license renewal be taken under advisement until the next Town Board meeting scheduled for July 22, 1986, requesting the owners' presence at such meeting. Trustee Hix seconded the motion and it passed unanimously. A police report identifying a criminal conviction against the owner listed on the Retail Liquor Store renewal for Mountain Dew Liquors was also read aloud. Upon the recommendation expressed by Chief Ault, Trustee Laing moved the liquor license renewal be approved. Trustee Hix seconded the motion and it passed unanimously. Trustee Hix moved the Tavern Liquor License renewal submitted by King's Country Terrace LTD., dba King's Royal Caterers LTD. be approved. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Brown moved the Tavern Liquor License renewal submitted by the Estes Park Recreation Center, which included Extended Hours be approved. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Hix introduced, and Town Attorney White read in full, the following Resolution and moved it be adopted: RESOLUTION 13-86 WHEREAS, the Town of Estes Park entered into an agreement with Western Water Rights dated the 27th day of May, 1986 for the purchase of 35 units of subdis- trict water owned by the Town; and WHEREAS, Paragraph 6 of the Contract contains certain conditions precedent prior to the closing of the agreement; and WHEREAS, the Town had received a request from Western Water Rights to extend the date in the con- ditions precedent number 6(e) and 6(g) from July 1, 1986 until July 16, 1986; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interests of the Town to extend said period. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOL- LOWS: 1. The contract dated May 27, 1986 between the Town of Estes Park and Western Water Rights, L.P. Fund 1, A Limited Partnership, is hereby amended by changing the dates in Paragraph 6(e) and 6(g) of the contract from July 1, 1986 to July 16, 1986. 2. The Town Attorney, Gregory A. White, is hereby authorized to execute said change on the original contract document. Trustee Aldrich seconded the motion and it passed unanimously Town Administrator Hill reported that upon the direction of the Public Safety Committee, the Police Department has been strictly enforcing parking areas. Since July 1, 1986, 224 parking Board of Trustees - July 8, 1986 - Page five violations have been iaaoeu which is an average of 45 violations per day. To date, $220'00 has been collected for parking fines. With regard to parking fines, Trustee Aldrich questioned the location of collection boxes recently placed by the Police oepartmeut, Chief uort advised there are five (s) boxes located at the entrance to the Fire/Police Station, Parking Lot #u (across from Alpine Drug), Parking Lot #6 (Dark Horse), Post Office Parking Lot - center section, and Parking Lot #4 (north of the boo depot)' There being no further business, the meeting adjourned. Town Clerk