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HomeMy WebLinkAboutMINUTES Town Board 1987-12-08° Zotun of Estes arh, Larimer County, Colorado, December 8 1987 Minutes of a regular Park, Lorimer County, Colorado. meeting of the Board of Trustees of the Town of Estes Meeting held in the Town Hall in said Town of Estes Park on the 8th day of December , A. D. 19...8.7at regular meeting hour. Meeting called to order by Mayor H. Bernerd Dannels Present: Mayor H. B. Dannels Trustees: Also Present: Dale G. Hill, Town Administrator Gregory A. White Town Attorney Absent: David Barker, Trustee Norbert L. Aldrich, Mark T. Brown, Milan A. Dickinson, David Habecker, George J. Hix Minutes of the meeting held November 24, 1987 were submitted and approved. Town Administrator Hill read in full a letter recommending Finance Officer Vavra be, awarded an "Employee Incentive Award." The town and Finance Officer Vavra were awarded the highest award in financial reporting, the "Certificate of Achievement for Excellence in Financial Reporting." Fifteen other Colorado municipalities have received this award. Mayor Dannels presented a plaque and check in the amount of $250.00 to Monte L. Vavra and expressed his appreciation for a job well done. Trustee Hix 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. Minutes of the "Special" Public Works Committee meeting held December 2, 1987 were read. Trustee Brown, Chairmanof the Committee, moved the minutes be approved. Louis 0°Riordan addressed the Trustees and stated Bond Park was dedicated to the public by the State of Colorado. The existing library building is an encroachment and he (Mr. CORiordam), is opposed to a new structure in Bond Park. Mr. 0"Riordan suggested the new building be placed at the former swimming pool site. Trustee Brown commented he was opposed to the new building being placed in Bond Park.due to his desire to :retain the open space and lack of additional land for future expansion; better sites are available. Trustee Habecker stated it was difficult to approve the Bond Park site due to the tentative nature of future decisions, such as formation of a Library District. Also, current boards cannot commit future boards. Mayor Dannels advised approval of the minutes would confirm the Bond Park site could be considered as a building location. by the Library Board; said approval would not include any additional items. Trustee Hix stated, that in his opinion, the Bond Park site was the most economical option. Trustee Habecker commented that in his opinion, the primary reason the, Library Board desired a site designation was to allow the architect to prepare a schematic drawing; however, the drawing could be prepared following formation of a district. Trustee Brown quest.i.oned if approval of the minutes would also give approval of a lease of Bond Park. to the Library District. Mayor Dannels reiterated approval of the minutes would authorize consideration of the Bond Park site. There being no further discussion, Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Dickinson, and Hix. Those voting "No" Trustees Brown and Habecker. Board of Trustees - December 8, 1987 - Page two Minutes of the Light and Power Committee meeting held December 3, 1987 were read. Trustee Hix, Chairman of the Committee, moved the minutes be approved. Trustee Habecker seconded the motion and it passed unanimously. Minutes of the Administrative Committee meeting held December 7, 1987 were read. Trustee Hix moved the minutes be approved. Trustee Aldrich seconded the motion and it passed unanimously. Mayor Dannels continued the public hearing to consider the C-D Parking Regulations. Those offering additional testimony: Louis O'Riordan. The parking ordinance created a hardship on the town and downtown property owners were "land -locked." Potential solutions to the parking situation are: (1) establishment of a "Special Improvement District; (2) replace members of the Board of Trustees during the election process; and (3) court proceedings. The burden of Streetscape has been borne by all taxpayers; downtown merchants profit by the beautification efforts and they (the merchants) should pay for parking. Al Sager, Chairman/Planning Commission. Mr. Sager recog- nized those persons opposing the ordinance represented a small portion of the citizenry. During various public hearings pertaining to downtown parking, the following comments have been received from small or special interest groups: the ordinance (1) has not produced any revenue; (2) is stifling the economy; (3) it is unfair and a burden to developers; (4) additional parking has historically been furnished by the town; and (5) there is no parking problem. The aforementioned are "opinions", not necessarily the "facts." The Town Board has the same obligation of planning for the future as does the Planning Commission. It is now time for downtown merchants and downtown property owners to pay their fair share. Mr. Sager suggested the the Board of Trustees retain the ordinance. Rowland Retrum. Several reasons why the fee should be eliminated are: (1) the Comprehensive Plan; (2) the fee is unfair to those located in the already "built-up" district; and (3) the Downtown Redevelopment Plan addresses parking and includes a method of financing parking. Mr. Retrum agrees more convenient downtown parking is needed. The Comprehensive Plan favors downtown business and Mr. Retrum urged repeal of the parking fee and that EPURA be directed to review and consider parking issues. Ross Brown. The Board of Trustees should admit a mistake was made in passing the ordinance and it should be repealed. There is no relation between downtown merchants and those merchants located in the C-O Commercial Outlying District. Developers will not pay for parking 20 blocks away from their business. Seymour Graham. While attending the various public hearings pertaining to the parking ordinance, not one person has spoken in "favor" of the parking fee. The ordinance is a "road block to progress" and it should be repealed. Bill Wyatt. Mr. Wyatt, representing Wagner Enterprises, advised efforts are progressing with EPURA and the town's planning staff for development of the Boyd Property. He was not previously aware of the parking ordinance and was pleased it was being reconsidered. Downtown parking has always been a problem; it can only be solved by everyone "pitching in." An "SID" has merit --the benefit and expense could be borne by all. Mr. Wyatt requested the parking fee be repealed. Mike Haber. The parking fee is hindering further develop- ment downtown. The ordinance must be alleviated; there is Board of Trustees - December 8, 1987 - Page three no room for compromise. Should the ordinance be retained, it will continue to "choke" the town. Harry Marsden. Mr. Marsden recently moved to Estes Park from California. It was becoming very difficult to remain in business in California and a decision was made to relo- cate to Estes Park and purchase property on Virginia Drive. Mr. Marsden was not familiar with the parking ordinance; however, the parking fee could negate his operating a restaurant in Estes Park. Richard Wood. Mr. Wood stated that if the parking fee is removed, the Board must recognize it would be negating the concept of new development paying its own way. Perhaps additional consideration should be given to the "triad" approach: retention of the parking fee, use of sales tax revenues, and formation of an SID. The ordinance, as adopted, is a sound and just concept for uses generated over and above current levels. There being no further testimony, Mayor Dannels declared the public hearing closed. Town Administrator Hill acknowledged receipt of the following correspondence: Jerry Brownfield/Brownfield's Leather Shop12/01/87 Anne Moss, 5769 Long's Peak Route 11/29/87 Town Attorney White reported both the Mayor and Trustee Dickinson had listened to the tape recording of the Town Board meeting held November 24, 1987 and they were prepared to discuss the parking issue. Following is a summary of comments offered by the Board of Trustees: Trustee Habecker. The downtown area works best with "clus- tEkTngadjacent to the each business. In seeking a compromise, Trustee Habecker suggested the parking fee be reduced to perhaps $500/space, and, at the same time, assess a yearly fee on all properties that do not provide on -site parking. Town Attorney White. The "yearly fee" as proposed by Trustee Habecker presents legal implications. The town is limited in its power to assess an additional "business tax." The Zoning Regulations provide for the parking fee which is legal; the only alternative in this area would be an assess- ment through a Special Improvement District. Trustee Hix. Several people have expressed their desire to repeal the parking ordinance. The downtown area must be preserved and the ordinance must be eliminated immediately. Trustee Brown. A great deal of testimony has been heard pertaining to parking. Erroneous information must be clarified: business is not paying its fair share; however, the Comprehensive Plan requires new development to pay for its fair share when an additional impact is created. Trustee Brown recognizes the fact that the downtown area is the "heart" of the business community and that support should be given in this area. Many of the same people against the fee have now indicated there is no parking problem in the downtown area. The fact is, Estes Park does have a parking problem and if new development continues, it will hasten the problem. The problem with forming an SID is that only those existing uses are taxed, new business are under no obligation to pay their fair share. Trustee Brown doesn't believe in squandering the future of the community with a move that will only serve short-term profit motives, and projects that are so marginal that they will provide very little benefit to the overall planning scheme which, in the end, might only serve to spread existing business and not create any new revenue or new market mix. The current fee may be unfair, further research should be conducted Board of Trustees - December 8, 1987 - Page four to alleviate the problem. The town should either plan for the future or continue with "crisis management." Trustee Dickinson. Several citizens have contacted Trustee Dickinson and have expressed their desire to repeal the ordinance. Trustee Dickinson confirmed he had listened to the tape recording of the meeting held November 24, 1987. Convincing arguments have been presented and Trustee Dickinson is in favor of repeal. Trustee Aldrich. Many people in the community are concerned with the economic vitality of the town. The Board of Trustees has offered support by authorizing the Streetscape Projects and encouraging redevelopment by means of EPURA, private investment and endorsement of Industrial Development Revenue Bonds. At this point in time, there is no need to have a "roadblock" with the parking fee as it is inconsis- tent with previous commitments. There being no further comment, Trustee Aldrich moved the $2,000 parking fee be repealed. Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Dickinson, Habecker and Hix. Those voting "No" Trustee Brown. Trustee Aldrich 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 PERTAINING TO PARKING Town Attorney White advised the changes made in the parking ordinance were deletion of the off-street parking requirements in the C-D District, and deletion of the required parking for commercial accommodations. Trustee Brown stated implications of the ordinance were substantially different than those considered by the Planning Commission; therefore, Trustee Brown questioned if the amended parking ordinance should be submitted to the Planning Commission for their review and comment during public hearing procedures. Trustee Brown was not in favor of removing the parking requirement for commercial accommodations. Town Attorney White advised the Town Board did have the ability to pass the ordinance, as proposed. Planner Stamey clarified the on -site parking requirement and stated the Town Board could eliminate the parking fee without eliminating the parking requirement for commercial accommodations. Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Dickinson and Hix. Those voting "No" Trustees Brown and Habecker. Whereupon Mayor Dannels declared said ordinance duly passed and adopted and ordered it numbered 33-87 and published according to law. Trustee Habecker questioned procedure to be followed in ensuring further consideration to the parking requirement for commercial accommodations is continued. Mayor Dannels advised the Board of Trustees could formally refer the question to the Planning Commission, or the Commission could elect to review the issue on their own initiative. Mayor Dannels declared a public hearing to consider a new Beer and Wine Liquor License application submitted by the Estes Valley Recreation and Park District dba the LAKE ESTES GOLF COURSE, 690 Big Thompson Avenue. Those speaking in "favor" of the applica- tion, Jay Meissen, Manager, Food Services/EVRPD. Mr. Meissen read in full a letter prepared by Executive Director Jon Gurban/EVRPD. There were no persons speaking in "opposition" to the application. There being no further testimony, Mayor Dannels declared the public hearing closed. Trustee Aldrich stated the Board of Trustees finds that the reasonable requirements of the neighborhood are not being met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. Based upon the above findings, Trustee Aldrich moved the Beer and Wine License, Board of Trustees - December 8, 1987 - Page five including extended hours, be granted. Trustee Hix seconded the motion and it passed unanimously. Trustee Brown moved the Change of Ownership and Trade Name for a Hotel and Restaurant Liquor License, from Terhurne Mills Enterprises, dba THE PUB, 246 Moraine Avenue, to Richard and Nancy Birkmann, dba THE GASLIGHT PUB, including extended hours, be approved. Trustee Hix. seconded the motion and it passed unanimously. Fire Chief Jack Burnley presented the annual report for the Estes Park Fire Department. The Operating and Maintenance Expenses were $23,856.37; assets total $-26,904.57. "Man hours at the scene" total 2,357; training hours total 2,122. Training hours/man equal 874 which greatly exceeds the total amount required by State Statute. The following officers were presented for approval: Jack Burnley Fire Chief Jim. Watson .............. 1st Assistant Chief Gary McCracken 2nd Assistant Chief Mark Chrastil ........... Secretary/Treasurer Trustee Hix commended the Fire Department for continuing to do a job well done and moved the officers be approved. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Hix introduced the following resolution and moved it be adopted: R E S O L U T I ON 22-87 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That Robert L. Dekker is hereby reappointed to a four-year (4-year) term on the Platte :River Power Authority Board of Directors. This term. will expire January 1, 1992. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Hix moved Amy Plummer be reappointed to a five-year (5-year) term on the Library Board, with the term expiring December 31, 1992. Trustee Aldrich seconded the motion and it passed unanimously. Louis O'Riordan addressed the Board of Trustees to comment on the 1988 Budget. Mr. OvRiordan is opposed to the amount of funds allocated to the Advertising Fund, and approximately $300,000 for the potential arena, If taxpayers money is to be spent on. private enterprise, a portion of funds should be applied to advertising winter business. As 30% of the population is over the age of 65, additional funding should be set aside for the Senior Center. Following completion of all agenda items, Mayor Dannels requested comments from the audience, Al Sager addressed the Board of Trustees and stated that with regard to the parking ordinance, the Board listened and acted to a minority; little attention was given to the Planning Commission, Mr, Sager is not in favor of additional review by the Planning Commission on parking .issues at this time. There being no further business, the meetingadjourned. • Mayor Town Clerk