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Home My WebLink AboutMINUTES Town Board 1987-05-01Absent: (` ufun of f stes ark, Larimer County, Colorado, Minutes of a special Park, Lorimer County, Colorado. May 1 , 19.$7... 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 1st day of May , A. D. 19. P.7. at 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 Trustee Dickinson Norbert L. Aldrich, David Barker, Mark T. Brown, David Habecker, George J. Hix Minutes of the regular meeting held April 14, 1987 were submitted and approved. Trustee Brown 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 Hix seconded the motion and it passed unanimously. Minutes of the Public Works Committee meeting held April 16, 1987 were read. With the following amendment to the Wiest Drive Parking Lot pedestrian sign, Trustee Brown, Chairman of the Committee, moved the minutes be approved: "...prepare as small a sign as practicable which would adequately identify the pedestri- an access." Trustee Hix seconded the motion and it passed unanimously. Minutes of the Public Safety Committee meeting held April 20, 1987 were also read. Trustee Hix declared a "conflict of interest" and stated he would not participate in discussion or vote. Jack Baggley, General Manager/Allied Safe Haven, appeared before the Trustees expressing his concern with the possible amendment to the Alarm Monitoring Ordinance. Trustee Aldrich suggested Mr. Baggley attend the next Public Safety Committee meeting scheduled May 28th at 2:00 P.M. Trustee Brown suggested the following clarification regarding parking fines/time limit be made in the minutes: "...1/3 short-term parking (southerly portion) and 2/3's long-term parking (northerly portion). Trustee Aldrich, Chairman of the Committee, moved the minutes, as amended, be approved. Trustee Habecker seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Brown, and Habecker. Those voting "No" none. Those "Abstaining" Trustee Hix. Minutes of the Code and Sanitation Committee meeting held April 22, 1987 were read. Trustee Habecker, Chairman of the Committee, moved the minutes be approved. Trustee Brown seconded the motion and it passed unanimously. Trustee Habecker moved the Mayor be authorized to execute a Proclamation authorizing "Clean Up Week - 1987." Trustee Hix seconded the motion and it passed unanimously. Minutes of the Advertising Committee meeting held April 22, 1987 were read. Trustee Hix moved the minutes be approved subject to approval of the Agreement being continued to May 12, 1987. Trustee Aldrich seconded the motion and it passed unanimously. Board of Trustees - May 1, 1987 - Page two Minutes of the Planning Commission meeting held April 21, 1987 were presented. Mayor Dannels declared a public hearing to consider Special Review #87-5 for the Estes Park Trolley Corporation. Trustee Brown declared a "conflict of interest" and was excused from the Board Room. Louis O'Riordan questioned the legality of such a declaration; Town Attorney White informed Mr. O'Riordan of the State Statute as it applies to the Town. Paul Kochevar, repre- senting the applicant, presented the Special Review Request and introduced Managers Bridget and Jerry Gardner. The applicant is proposing to operate a public transit system in Estes Park and outlying areas, utilizing five (5) trackless trolleys on four (4) proposed routes. The fare will be $1.00; weekly, monthly and seasonal passes will also be available. The drivers will also serve as guides discussing the history and services available in Estes Park. Those speaking in "opposition" to the request: Louis O'Riordan (opposed to revising existing codes, challenged the vote of Trustees Brown, Habecker and Hix, where the vehicles are to be stored, and questioned the actual classification of the proposal - public transportation or amusement); Chris Pedersen/Rocky Mountain Park Tours (compared the procedure used when Rocky Mountain Park Tours was given approval by the Town to operate vs. this proposal, and stated this request conflicts with his license). There being no further testimony, Mayor Dannels declared said public hearing closed. Discussion followed regarding comments received from various referral agencies and the Model Traffic Code. Trustee Habecker moved Special Review Request #87-5 for the Estes Park Trolley Corporation be approved subject to the following: 1. Compliance of all signs to the Town's Sign Code and Colorado Department of Highway requirements. 2. All stops located on public property will be reviewed and approved by the Chief of Police. Trustee Aldrich seconded the motion and it passed by the follow- ing votes: Those voting "Yes" Trustees Aldrich, Habecker and Hix. Those voting "No" None. Those "Abstaining" Trustee Brown. Mayor Dannels declared a public hearing to consider an amendment to Chapter 17.66 of the Sign Code to allow advertising signs on public transportation vehicles. Town Attorney White read in full the proposed Ordinance. Those in "favor" of the amendment: Steve Coffin/KSIR Radio who urged approval of the amendment to allow the proposed form of advertising. Those in "opposition": Al Sager, Chairman/Planning Commission. Mr. Sager stated (1) testimony given in the Planning Commission meeting indicated the signs would be installed "in good taste" - how could "good taste" be defined or established?; (2) off -premises advertising - in the past all such advertising has been denied; (3) Section 17.66.240 of the Sign Code which addressed "window signs" - perhaps the 25% of the total window area should be amended to read 30%; (4) the 6" projection included in the Ordinance is excessive and should be revised to read 4" projection. Louis O'Riordan, who stated all previous objections also applied to this proposed amendment. Chris Pedersen, who stated he was deprived and refused his right to due process by not being allowed to advertise and urged denial of the amendment to the Sign Code. There being no further testimony, Mayor Dannels declared said public hearing closed. Trustee Aldrich moved the following Ordinance, with the revision with regard to projection to read 4 inches in lieu of 6 inches, be passed and adopted: AN ORDINANCE AMENDING SECTION 17.66.040 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO SIGNS DISPLAYED ON MOTOR VEHICLES PROVIDING PUBLIC TRANSPORTATION Board of Trustees - May 1, 1987 - Page three Trustee Habecker seconded the motion and it passed by the follow- ing votes: Those voting "Yes" Trustees Aldrich, Habecker and Hix. Those voting "No" none. Those "Abstaining" Trustee Brown. Whereupon Mayor Dannels declared said Ordinance duly passed and adopted and ordered it numbered 6-87 and published according to law. Trustee Brown assumed his position on the Board. Mayor Dannels declared a public hearing to consider an amendment to Title 17 of the Municipal Code. There were no persons speak- ing in "favor" of or in "opposition" to the amendment. Trustee Brown introduced the following Ordinance and moved it be passed and adopted: AN ORDINANCE AMENDING TITLE 17 OF THE MUNICI- PAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO ZONING FOR THE TOWN OF ESTES PARK Town Attorney White summarized the Ordinance stating the Federal Emergency Management Agency had promulgated the changes to the National Flood Insurance Program Flood Plain Management Criteria. Mayor Dannels declared said public hearing closed. Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Brown, Habecker and Hix. Those voting "No" none. Whereupon Mayor Dannels declared said Ordi- nance duly passed and adopted and ordered it numbered 7-87 and published according to law. Bill Van Horn presented the Hartland Resubdivision of Lot 7, South Saint Vrain Addition and Lot 1, Esquire Acres. The appli- cant is proposing to divide an existing lot into two (2) lots. Mr. Van Horn stated all conditions placed on the plat by the Planning Commission had been met. One (1) property pin was not placed securely; this pin will be replaced. Trustee Brown moved Hartland Resubdivision be approved subject to the following condition: 1. The "note" addressing costs of installing and maintain- ing improvements shall be amended to read: "... shall be provided by the owner of Lot 1. Trustee Hix seconded the motion and it passed unanimously. Minutes of the Board of Adjustment meeting held April 17, 1987 were read. Trustee Habecker moved the Mayor be authorized to execute the Horse Show Agreements for Herrmann's Royal Lipizzan Stallions of Austria June 4 - 7, 1987 and Colorado Arabian Horse Club June 30 - July 5, 1987. Trustee Hix seconded the motion and it passed unanimously. Trustee Hix introduced, and Town Attorney White read in full, the following Ordinance and moved it be passed and adopted: AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO INSURANCE COVERAGE PERTAINING TO MOVING BUILDINGS Trustee Aldrich seconded the motion and it passed by the follow- ing votes: Those voting "Yes" Trustees Aldrich, Brown, Habecker and Hix. Those voting "No" none. Whereupon Mayor Dannels declared said Ordinance duly passed and adopted and ordered it numbered 8-87 and published according to law. Trustee Brown introduced the following Ordinance and moved it be bassed and adopted. Town Attorney White summarized the Ordi- nance, stating the Ordinance ratifies the 1985 Agreement between the Municipal Subdistrict and the Town which allows the transfer Board of Trustees - May 1, 1987 - Page four of one (1) unit of Subdistrict water to the Central Weld County Water District. Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Brown, Habecker and Hix. Those voting "No" none. Whereupon Mayor Dannels declared said Ordinance duly passed and adopted and ordered it numbered 9-87 and published according to law. Trustee Hix moved the 3.2% Retail Beer License, on premises, submitted by the Lions Club of Estes Park be approved. Trustee Aldrich seconded the motion and it passed unanimously. DINC, Inc. dba Isabella Bird's, Inc. submitted a Change of Ownership and Change of Trade Name for the Hotel and Restaurant Liquor License, which included extended hours, currently under the name of John Grace dba Isabella Bird's Restaurant and Tavern. Trustee Hix moved the Change of Ownership and Trade Name applica- tion be approved. Trustee Brown seconded the motion and it passed unanimously. Trustee Aldrich moved the Hotel and Restaurant Liquor License Renewal submitted by The Surrey Restaurant, Inc., dba La Casa Del Estorito, which included extended hours, be approved. Trustee Hix seconded the motion and it passed unanimously. Subject to possible revision by Town Attorney White, Trustee Hix moved the Mayor be authorized to execute the Agreement between the State of Colorado, RAE Transportation Consultants and the Town of Estes Park for the Transportation Development Program. Trustee Aldrich seconded the motion and it passed unanimously. Following completion of all agenda items, Mayor Dannels requested comments from the audience. Hearing none, the Board adjourned to Executive Session to discuss legal matters. Mayor