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Home My WebLink AboutMINUTES Town Board 1987-11-24fz of Minutes of a arh, Larimer County, Colorado, regular November 2 4 , 19, f3,7, 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 24 th day of . . .19:9Y ....... ... ........ A. D. 19.8.7at regular meeting hour. Meeting called to order by Mayor Pro Tem George J. Hix Present: Mayor Pro Tem Hix Trustees Norbert L. Aldrich, David Barker, Mark T. Brown, David Habecker Also Present: Dale G. Hill, Town Administrator Gregory A. White, Town Attorney Absent: H. Bernerd Dannels, Mayor Milan A. Dickinson, Trustee The meeting was called to order by Mayor Pro Tem Hix. Minutes of the meeting held November 10, 1987 were submitted and approved. Trustee Barker 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 Aldrich seconded the motion and it passed unanimously. As a courtesy to those attending the meeting, Trustee Barker requested a deviation from the Agenda to hear new testimony pertaining to human development funding requests for the 1988 Budget. Don Moorhead, President/Library Board, addressed the Trustees and stated (1) that during an Administrative Committee meeting, the Library did present their budget proposal; (2) the Library Board did not, however, have an opportunity to fully express their views on the proposed budget; (3) the library staff is the most underpaid group of employees in the community; (4) the Library offers the community a cultural atmosphere that is unsurpassed in the state of Colorado. Mr. Moorhead also ex- pressed appreciation to Trustee Barker for attending a Library Board meeting November 23rd. There were no other persons offering new testimony. Town Attorney White stated the Board of Trustees could amend the 1988 Budget; however, (1) public notice must be given and potential action taken in a public meeting; and (2) amendments to the budget cannot take place until such time as the Town has physically entered into that particular budget year. Mayor Pro Tem Hix suggested this matter be referred to the Administrative Committee where the entire 1988 Budget could be reviewed. Consensus of the Board of Trustees was to schedule an Administrative Committee meeting as soon as possible to consider additional funding for the various human development requests in the 1988 Budget. The Administrative Committee will submit a recommendation to the Town Board. Mayor Pro Tem Hix advised a public notice will be published advertising the day and time of the meeting. Minutes of the Public Works Committee meeting held November 19, 1987 were read. Trustee Brown, Chairman of the Committee, moved the minutes be approved. Trustee Barker seconded the motion and it passed unanimously. Minutes of the Public Safety Committee meeting held November 20, 1987 were read. Trustee Aldrich, Chairman of the Committee, moved the minutes be approved. Trustee Habecker seconded the motion and it passed unanimously. Board of Trustees - November 24, 1987 - Page two Trustee Aldrich moved the Mayor be authorized to execute the "Memorandum of Understanding" between the National Park Service (Rocky Mountain National Park) and the Town of Estes Park (Estes Park Volunteer Fire Department) pertaining to structural and wildfire prevention and suppression. Town Attorney White sum- marized the Agreement stating the National Park Service had met all insurance requirements. Trustee Brown seconded the motion and it passed unanimously. Minutes of the Stanley Park Committee meeting held November 23, 1987 were read. Trustee Habecker moved the minutes be approved. Mayor Pro Tem Hix seconded the motion and it passed unanimously. Trustee Habecker stated numerous flaws were contained in the ERA Economic Feasibility Study for the Indoor Arena/Multi-Purpose Building. Major problem areas were: concession revenues, advertising revenues, lodging and conference facility figures, primary market area (Fort Collins/Larimer County), potential users (repeat of information) other, potential new users were not indicated, rodeo events, and figures indicating the projected performance of the facility. Trustee Habecker stated he was "embarrassed" in having authorized the $22,000 expenditure for such a report. In requesting attendance by a representative from ERA as soon as possible, perhaps the aforementioned questions/concerns can be discussed. Minutes of the Planning Commission meeting held November 17, 1987 were submitted. Trustee Brown moved the public hearing to consider the Mul- ti -Family Density Calculation and the C-O Containment Regulations be continued to January 26, 1988. Trustee Barker seconded the motion and it passed unanimously. Mayor Pro Tem Hix continued the public hearing to consider the C-D Parking Regulations. Those speaking in "favor" of retaining the Ordinance, none. Those speaking in "opposition" to the Ordinance: Ross Brown/Realtor. Mr. Brown is against the $2,000/space parking regulation; the records indicate a statement was made by the Town which states: "if the ordinance was wrong, it could be amended." There have been no funds raised to date, and the Town should admit a mistake was made. EPURA has gone on record and requested the ordinance be repealed. Those businesses located in the C-D and C-0 District have different interests, and those businesses located in the C-D District should not be required to pay for parking that could be constructed several blocks away from the business. Seymour Graham. Mr. Graham stated EPURA should be delegated to resolve the parking situation; redevelopment is being hindered by the ordinance; the fee should be eliminated immediately and, at a later date, should EPURA not be able to resolve the parking matter, perhaps discussion regarding the formation of an improvement district should occur. Peter Marsh. Mr. Marsh is opposed to the ordinance --it has not accomplished anything and revenues have not been col- lected. Those businesses located in the C-0 District install parking for use of their property, not due to the ordinance. Bill Van Horn. The parking regulation has (1) created a burden in the manner in which the ordinance was prepared; however, in his opinion, the regulation is not detrimental to downtown redevelopment. Parking is for the use of, and is a positive factor for business. An equitable solution must be found whereby the taxpayer -at -large is not burdened with funding all parking. The burden of parking must somehow be attached to the business community. Perhaps the actual fee of $2,000/space should be amended. Estes Park has enjoyed an increase of retail space the last three Board of Trustees - November 24, 1987 - Page three years; however, this upward trend will slow down eventually. "Incentives" for developers to provide parking, along with the ordinance, should be retained. Rowland Retrum. Mr. Retrum questioned (1) if downtown parking was addressed in the Downtown Redevelopment Plan, and (2) if a method of financing was also included in the Redevelopment Plan. Town Attorney White advised the Plan did contain various methods of financing for parking. Mike Haber. Mr. Haber disputed Mr. Van Horn's statements with regard to retail space expansion and stated that since its adoption, the ordinance has prevented redevelopment. Businesses located adjacent to a highway must have their own parking, businesses located in the C-D District depend on pedestrian traffic; the ordinance must either be retained or repealed --compromise would result in partiality. Jim Wenger. Mr. Wenger summarized his past community service experience and encouraged the Board of Trustees to reconsider the parking ordinance. To allow the entire Board of Trustees to participate in dis- cussion, Trustee Aldrich moved the aforementioned public hearing be continued to December 8, 1987. Trustee Brown seconded the motion and it passed unanimously. Mayor Pro Tem Hix opened a public hearing to consider a rezoning request submitted by the Harmony Foundation for the east 95' of Lot 6, Buenna Vista Terrace Subdivision. Trustee Habecker declared a potential "conflict of interest" and stated he would not participate in discussion or vote. Paul Kochevar, represent- ing the applicant, advised the Harmony Foundation desires to rezone the property from R-S Residential to C-D Downtown Commercial. Lots 5 and 6 are contiguous and under one ownership. The Comprehensive Plan generally indicates commercial development along Moraine Avenue to this site. There were no persons speaking in "favor" of or in "opposition" to the rezoning request. Mayor Pro Tem Hix declared the public hearing closed. Trustee Brown introduced, and Town Administrator Hill read in full, the following ordinance and moved it be passed and adopted: AN ORDINANCE REZONING PROPERTY WITHIN THE TOWN OF ESTES PARK, COLORADO, PERTAINING TO A PORTION OF BUENNA VISTA TERRACE SUBDIVISION Trustee Barker seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, and Hix. Those voting "No" none. Those "Abstaining" Trustee Habecker. Whereupon Mayor Pro Tem Hix declared said ordinance duly passed and adopted and ordered it numbered 31-87 and pub- lished according to law. Paul Kochevar, representing the applicant, Harmony Foundation, presented the Amended Plat of Lots 5 and 6 Buenna Vista Terrace Subdivision. Trustee Habecker declared a potential "conflict of interest" and stated he would not participate in discussion or vote. Mr. Kochevar stated the purpose of the amended plat was to realign the lot lines between Lots 5 and 6 and to allow for a separation of buildings of these lots. Mr. Kochevar also report- ed all Planning Commission conditions attached to the plat had been met. Town Engineer Widmer confirmed the statement was correct; however, the Letter of Credit/Improvement Guarantee was outstanding. Trustee Brown moved the Amended Plat of Lots 5 and 6 Buenna Vista Terrace Subdivision be approved contingent upon receipt of the Improvement Guarantee prior to recording of the plat. Trustee Barker seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, and Hix. Those voting "No" none. Those "Abstaining" Trustee Habecker. Board of Trustees - November 24, 1987 - Page four Trustee Aldrich introduced, and Town Administrator Hill read in full, the following ordinance, and moved it be passed and adopt- ed: AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO ADMINIS- TRATION AND PERSONNEL Trustee Brown seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker and Hix. Those voting "No" none. Whereupon Mayor Pro Tem Hix declared said ordinance duly passed and adopted and ordered it numbered 32-87 and published according to law. Trustee Aldrich moved the following 3.2% Retail Beer License Renewals be approved: City Market, Inc., dba CIRCLE SUPER VALUE, 431 W. Elkhorn Avenue, off premises Winny Enterprises, Inc., dba PIZZA HUT, 430 Prospect Village Drive, on premises. Trustee Brown seconded the motion and it passed unanimously. Trustee Aldrich introduced, and Town Administrator Hill read in full, the following resolution and moved it be adopted: RESOLUTION 21-87 WHEREAS, unforeseen conditions have developed at the Estes Park Historical Museum; and WHEREAS, said conditions will continue unless additional funds are provided in budget year 1987; and WHEREAS, there are adequate funds available in the General Fund at the Town of Estes Park to fund the additional budget; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, believes an emergency exists which could not have reasonably been foreseen at the time of adoption of the budget for the year 1987. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the appropriation for the Estes Park Historical Museum is hereby increased by $300.00, and that the General Fund -Contingency Fund is the source of this appropriation. Trustee Barker seconded the motion and it passed unanimously. Following completion of all agenda items, Mayor Pro Tem Hix requested comments from the audience. Lennie Bemiss approached the podium and commended the Town Board for their immediate response to the 1988 Budget funding requests for human development services. There being no further business, Town Clerk ng ad ned. Tem