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Home My WebLink AboutMINUTES Town Board 1988-04-120 April 12 4i4V4P/C. of tstes ?lark Lorimer County, Colorado, Minutes of a Park, Lorimer County, Colorado. Meeting held on the hour. regular 12th day of April Meeting called to order by Mayor meeting of the Board of Trustees of the Town of Estes in the Town Hall in said Town of Estes Park , A. D. 19.1;4 P. at regular meeting H. Bernerd Dannels Present: Mayor H. B. Dannels , Trustees: Mayor Elect Also Presenh Dale G. Hill, Town Administrator, Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: None Norbert L. Aldrich, Trustee Elect David Barker, Mark T. Brown, Milan A. Dickinson, Trustee Elect Polly Garrett, Trustee Elect David Habecker, George J. Hix Mayor Dannels called the meeting of the current Board of Trustees to order at 7:30 P.M. Minutes of the regular meeting held March 8, 1988 and the special meeting held March 31, 1988 were submitted and approved. Trustee Habecker moved the bills, as presented, be allowed and paid, and that the Town Clerk ProTem 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 unanimously. Minutes of the Stanley Park Committee Meeting held March 28, 1988 were read. Trustee Hix, Chairman of the Committee, moved the minutes be approved. Trustee Dickinson seconded the motion and it passed unanimously. Minutes of the Public Works Committee meeting held March 28, 1988 were read. Trustee Brown, Chairman of the Committee, moved the minutes be approved. Trustee Hix seconded the motion and it passed unanimously. Minutes of the Light and Power Committee meeting held April 6, 1988 were also read. Trustee Hix, Chairman of the Committee, moved the minutes be approved. Trustee Brown seconded the motion and it passed unanimously. Bill Van Horn, representing the applicant, Odd Lyngholm, submit- ted the Amended Plat of Lots 18, 17B and the east 17' of Lot 17A, Sunny Acres Addition. The subdivision will not create new lots nor building sites. The subdivision will add a strip of land to clear an encroachment of an existing building. The Planning Commission recommended a conditional approval October 20, 1987 that requested the applicant provide a separate water service for Lot 17B and that property pins be set prior to Town Board approval. Mr. Van Horn confirmed an Improvement Guarantee had been filed with the Town for the water service and the pins had been set. Trustee Brown moved the the Amended Plat of Lots 18, 17B and the east 17' of Lot 17A, Sunny Acres Addition be approved. Trustee Barker seconded the motion and it passed unanimously. Town Attorney White briefed the Trustees on the Windy Gap Sale of 35 units of water to the M.D.C. Land Corporation. The Municipal Subdistrict approved the Petition for Inclusion April 1, 1988. The Allotment Contract between the Superior Metropolitan District #1 and the Municipal Subdistrict was approved by the Subdistrict and their Counsel April 1, 1988. All payments, which are Board of Trustees - April 12, 1988 - Page two non-refundable, totalling $883,250 have been received ($50,000 was received upon signing the Contract in 1987). The entire Board commended. Town. Attorney White for his effort in assuring the water sale was completed, Attorney White also reported the sale of one unit of Windy Ga water to. Left Hand Water Supply Company has been completed. The Town will receive $115,950 this week. The funds will be held in escrow pending closing. Mayor Dannels expressed his appreciation to the current oard of Trustees and declared a five-minute recess to allow the new- ly -elected Trustees to join the Board. The Honorable James M. Littlejohn, Municipal judge, conducted a 'Swearing -In Ceremony' for the following: H. Bernerd Dannels, Mayor, and Trustees Norbert L. Aldrich, Milan A. Dickinson, and Polly Garrett. As required, the newly -elected officials executed the "Oath of Office." Mayor Dannels presented a "Certificate of Appreciation" to Mark T. Brown for his four years of service as Trustee. Trustee Hix introduced, and Town Attorney White read. in full, the following ordinance and moved it be adopted: AN ORDINANCE AMENDING CHAPTER 2.32 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO OTHER OFFICERS Trustee Aldrich seconded the motion and it passed by the follow- ing votes: Those voting "Yes" Trustees Aldrich, Barker, Dickinson, Garrett, Habecker and Hix. Those voting "No" none. Whereupon Mayor Dannels declared the ordinance duly passed and adopted and ordered it numbered 5-88 and published according to law. Trustee Hix introduced, and Town Attorney White read in full, the following ordinance moved it be adopted: AN ORDINANCE AMENDING CHAPTER 13.20 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO WATER ADMINISTRATION Trustee Aldrich seconded the motion and it passed by the follow- ing votes: Those voting "Yes" Trustees Aldrich, Barker, Dickinson, Garrett, Habecker and Hix. Those voting "No" none. Whereupon Mayor Dannels declared the ordinance duly passed and adopted and ordered it numbered 6-88 and published according to law. Mayor Dannels presented the appointments for the. "standing" and. "special" committees as follows: STANDING COMMITTEES 2 OR 010 COMMITTEE Advertising & Public Relations Code & Sanitation Light & Power Public Safety Public Works Water COMMITTEE Administrative Stanley Park CHAIRMAN Barker Habecker Hix Garrett Aldrich Dickinson SPECIAL COMMITTEES 2.08.010 CHAIRMAN Hix Aldrich MEM1ERS Dickinson, Hix. Barker, Garrett. Aldrich, Habecker Aldrich, Dickinson Barker, Habecker Barker, Garrett MEMBERS Aldrich, Dickinson Habecker, Hix Board of Trustees - April 12, 1988 - Page three Mayor Dannels also presented the appointments to the Estes Park Planning Commission requiring approval: PLANNING COMMISSION NAME APPOINTMENT David Barker George J. Hix Polly Garrett Al Sager Mark T. Brown Duane Blair Richard Wood Trustee, Trustee, Trustee, Citizen Citizen Citizen Citizen ex ex ex officio officio officio TERM TERM TERM BEGINS LENGTH EXPIRES 1986 4 Yrs. 1990 1986 4 Yrs. 1990 1988 4 Yrs. 1992 1988 6 Yrs. 1990 1988 6 Yrs. 1994 1986 6 Yrs. 1992 1988 6 Yrs. 1994 Trustee Barker moved the aforementioned Estes Park Planning Commission appointments be approved. Trustee Habecker seconded the motion. Trustee Garrett commented that Mr. Brown was absent from 4 out of 6 Planning Commission meetings, therefore, she could. not vote in "favor" of his appointment. Planning Commis- sion Chairman Sager addressed the Board stating Mr. Brown had been a competent, knowledgeable, and fair Commissioner in the past. However, in the event that Mr. Brown, or any member of the Commission, is absent from a significant number of meetings, such a member should submit their resignation. Mx. Brown approached the Board and stated his absence was due to his class schedule in college. In the event Mr. Brown cannot uphold his responsibility and commitment to the Planning Commission, he will ask Mayor Dannels to accept his resignation. Ruth Montgomery, representing EVIA, also addressed the Board stating EVIA is also concerned with zoning and planning and stressed anyone appointed to the Commission should attend the meetings. There being no further testimony, the following votes in "favor" of the appointments were cast: those voting "Yes" Trustees Aldrich, Barker, Dickinson, Habecker, and Hix. Those voting "No" Trustee Garrett. Mayor Dannels submitted the following appointments for approval: ADMINISTRATION Mayor ProTem (2.16.010)..................... Town Administrator (2.68.010) w/appo.intment expiring 4/30/88 ........... ....... ....... Town Administrator (2.68.010) w/appointment beginning 5/01/88 ........................ Town Treasurer (2.24.010) .................. Finance Officer/Town Clerk ProTem (2.16.010) Town Clerk (2.20.010) Town Attorney (2.28.010).................... Assistant Town Attorney (2.28.010) ......... Director of Light & Power (2.32.010) ....... Director of Public Works (2.32.010) ........ Building Insp./Zoning Admin. (2.32.010) .... Chief of Police (2.32.010) ................. Municipal Judge (2.32.010) ................. Assistant Municipal Judge (2.32.010) Fire Chief (2.44.010) 1st Ass't, Fire Chief (2.44.010) ........... 2nd Assmt. Fire Chief (2.44.010) ........... Trustee Aldrich moved the proved. Trustee Dickinson unanimously. NAME Al Sager David Barker Polly Garrett David Habecker Jerry Lamson George J. Hix Dale G. Hill Gary F. Klaphake Monte L. Vavra Monte L. Vavra Vickie O'Connor Gregory A. White Roger Clark Robert L. Dekker Richard D. Widmer John R. Allman David J. Racine James M. Littlejohn John W. Easley, Jr. Jack T. Rumley James Watson Gary McCracken Administrative appointments be ap- seconded the motion and it passed BOARD OF ADJUSTMENT TERM TERM. BEGINS LENGTH April 12, 1988 4 Yrs. April 12, 1988 4 Yrs, April 12, 1988 4 Yrs. April 08, 1986 4 Yrs. April 08, 1986 4 Yrs. TERM EXPIRES April, 1992 April, 1992 April, 1992 April :, 1990 April 8, 1990 Board of Trustees - April 12, 1988 - Page four Trustee Hix moved. the Board of Adjustment appointments be ap- proved. Trustee Aldrich seconded the motion and it passed unanimously. Ex officio: FIREMEN'S PENSION BOARD Mayor Dannels, Treasurer Vavra, Clerk O'Connor Fi De a e tt Fire Chief Jack Rumley, ist Ass't. Chief James Watson, 2nd Ass't, Chief Gary McCracken Trustee Hix moved the Firemen's Pension Board appointments be approved. Trustee Aldrich seconded the motion and it passed unanimously. POLICEMEN'S PENSION BOARD Ex officio: Mayor Dannels, Treasurer Vavra, Clerk O'Connor Police Department: Police Captain Robert Elste Trustee Aldrich moved the Policemen's Pension Board appointments be approved. Trustee Dickinson seconded the motion and it passed unanimously. NON -TOWN COMMITTEES North Front :Range Water Quality Planning Association ....................... Richard D. Widmer Alternate, Dick Gerstberger Larimer County Emergency Management Planning Advisory Board Horse Show & Rodeo Committee Liason ........ Platte River Power Authority Windy Gap .• David J. Racine Norbert Aldrich .. Robert L. Dekker, Appointed to 1/01/92 H. Bernerd Dannels ..... ...... .....Richard D. Widmer Gregory A. White Trustee Hix moved the Non -Town Committee appointments be ap- proved. Trustee Barker seconded the motion and it passed unani- mously. Samuel Parker, dba SGT. PEPPERWOOD°S, 101 W. Elkhorn Ave., appeared before the Board. of Trustees requesting a Sidewalk Encroachment Permit, Mr. Parker is proposing to relocate an existing planter 36" to the property line along Big Horn Drive and Cleave Street, Mr, Parker reported the planter was placed in its original location to maintain an 8setback from the property line. Town Planner Stamey submitted a staff report dated April 11, 1988 which identified two (2) poor sidewalk conditions along both streets: due to the potential of enhanced pedestrian circulation, the portion of the sidewalk. from the Big Horn Drive/Cleave Street intersection west to the building edge should be replaced. A section of sidewalk along the southern edge of the planter extension on Big Horn Drive is very uneven and it should also be replaced. A stop sign is located at the Big Horn Drive/Cleave Street intersection; the planter in this area should be placed diagonally across this corner to maintain a minimum 5° clearance to allow proper pedestrian access between the planter and stop sign. A memorandum dated April 12, 1988 was submitted by Art Anderson, Executive Director/EPURA which also noted the condition of the sidewalk_ Following discussion, Trustee Hix moved the Sidewalk Encroachment Permit be approved. subject to the following conditions: 1. The sidewalk, as identified above, be replaced to existing Town standards, with approval to be obtained from Town staff. Board of Trustees - April 12, 1988 - Page five 2. The planter be placed at a 45° angle on the sidewalk at the Big Horn Drive/Cleave Street intersection. Trustee Garrett seconded the motion and it passed unanimously. Mr. Parker was also encouraged to discuss any potential safety concerns with Police Chief/Traffic Engineer Racine. Mayor Dannels conducted a public hearing to consider a new Tavern Liquor License application submitted by Estes Park Restaurant, Inc., dba JOSE O'HOOLIGAN RESTAURANT, 148 W. Elkhorn Ave. Those speaking in "favor" of the license, Mr. Joseph Eichten, owner. Mr. Eichten presented a petition bearing 19 signatures of those persons desiring the liquor license. Mr. Eichten stated he had been in the restaurant business ten years in Denver and. his establishments were never subject to a liquor violation. There were no persons speaking in "opposition" to the application. Mayor Dannels declared the public hearing closed. Trustee Aldrich stated the Board of Trustees finds that the reasonable requirements of the neighborhood are not 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 this license be granted. Trustee Hix seconded the motion and it passed unanimously. Trustee Aldrich moved the following liquor license renewal applications be approved: Big Horn Cafe, Inc., 401 W. Elkhorn Ave., Beer and Wine License Heidi's Hideaway, Inc., 406 W. Crags Dr., Beer and Wine Lioense Spur 66 Liquor Store, 900 Moraine Ave., Retail Liquor Store License P. S. Flowers, 243-247 W. Elkhorn Ave., Hotel and Restaurant License, includes Extended Hours, Trustee Habecker seconded the motion and it passed unanimously. Trustee Barker moved the Sgt. Pepperwood°s Beer and Wine License, 101 W. Elkhorn Ave., plus the Modification of Premises be ap- proved. Trustee Hix seconded the motion. and it passed unanimous- ly. The Estes Park Salvation Army Unit submitted a request to use Bond Park April 30, 1988 for a band concert. Town Administrator Hill advised an adequate Certificate of Insurance had been provided. Trustee Aldrich moved the request be approved. Trustee Barker seconded the motion and it passed unanimously. Due to a potential "conflict of interest" with regard to the following item, Trustee Aldrich stated he would not participate in discussion or vote. Trustee Barker introduced, and Town Attorney White read. in full, the following ordinance and moved it be passed and adopted: AN ORDINANCE PROVIDING FOR THE AUTHORIZATION OF A SUPPLEMENTAL INDENTURE WITH REGARD TO THE TOWN OF ESTES PARK, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS, (STANLEY VILLAGE SHOPPING CENTER PROJECT), SERIES 1985A IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,350,000 Town Attorney White advised the ordinance is required due to a. requirement that the indenture and the letter of credit must be revised to provide for a 95-day draw period in lieu of a 30-day draw period if the collateral pledged to secure the letter of credit contains any mortgages. Trustee Hix seconded the motion and it passed bythe following votes: Those voting "Yes" Board of Trustees - April 12, 1988 - Page six Trustees Barker, Dickinson, Garrett, Habecker, and Hix. Those voting "No" none. Those "Abstaining" Trustee Aldrich. Whereupon Mayor Dannels declared the ordinance duly passed and adopted and ordered it numbered 7-88 and publishing according to law. Richard Wood, representing the Forward Estes Park Foundation, appeared before the Trustees to present the findings of a survey seeking the community's sentiments to two questions relating to (1) the future of the Estes Park Urban Renewal Authority's continuation of the Downtown Redevelopment Plan; and (2) whether the respondent was in "favor" of an open/public re-examination of the URA Plan. With regard to question #1, 58.9% of the responses received were in "favor" of EPURA's continuation of the Plan. 83.4% responded in "favor" of an open/public re-examination of the Plan. The Forward Estes Park Foundation formally requested the Board of Trustees to begin the process which would open the Estes Park Downtown Redevelopment Plan for re-examination of everyone's goals and objectives, with a possible amendment to the Plan following this process. The Foundation also urged the Board of Trustees to amend the 1988 Budget by allocating sufficient funds to obtain the services of a firm with highly developed facilitating skills. In addition, to maximize participation by the community, the Foundation requested the public involvement portion of the process not begin until after Labor Day. The Forward Estes Park Foundation also urged the Trustees to formally suspend consideration of any amendment to the Downtown Redevelopment Plan until the culmination of the review and re-examination is achieved. The Foundation offered its assistance to the Town in the firm selection process. Mayor Dannels expressed his appreciation to the Foundation for their findings and comments and stated this matter would be taken under consideration. Trustee Aldrich moved (1) the Town sponsor public workshops to set new priorities, urging attendance and participa- tion by the community --the workshops are to be held after Labor Day; and (2) the existing proposed amendment be declared "null and void" to allow input from the public forum. Trustee Hix seconded the motion and it passed unanimously. Mayor Dannels confirmed EPURA would be completing all projects contained in their 1988 Budget. Following completion of all agenda items, Mayor Dannels requested comments from the audience. Al Sager addressed the Board offer- ing congratulatory remarks to the newly -elected officials and newly -appointed citizen and ex officio members to the Planning Commission and Board of Adjustment. Mark Brown also addressed the Board expressing his appreciation in being appointed to the Planning Commission. Trustee Barker expressed his appreciation to Al Sager for his dedication and service to the Town of Estes Park and the Planning Commission. Town Administrator Hill acknowledged Police Chief Racine's one-year anniversary with the Town. There being no further business, Mayor Dannels adjourned the meeting at 9:19 P.M. Mayor ......... Town Clerk