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HomeMy WebLinkAboutMINUTES Town Board 1988-08-23Zoftin of 37stes Minutes of a ark, Larimer County, Colorado, regular August 23 , 1988 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 23rd day of August , A. D. 19. ?A at regular meeting hour. Meeting called to order by Mayor H. Bernerd Dannels Present: Mayor H. B. Dannels Trustees: Also Present: Absent: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk None Norbert L. Aldrich, David Barker, Milan A. Dickinson, Polly Garrett, David Habecker, George J. Hix Mayor Dannels called the meeting of the Board of Trustees to order at 7:30 P.M. Minutes of the Town Board meeting held August 9 and the special Town Board meeting held August 22, 1988 were submitted and approved. Trustee Garrett moved the bills, as presented, be approved 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 Hix seconded the motion and it passed unani- mously. Minutes of the Water Committee meeting held August 11, 1988 were read. Trustee Barker moved the minutes be approved. Trustee Garrett seconded the motion and it passed unanimously. Minutes of the Administrative Committee meeting held August 11, 1988 were read. Trustee Hix moved the minutes be approved. Trustee Aldrich seconded the motion and it passed unanimously. Minutes of the Public Works Committee meeting held August 18, 1988 were read. Trustee Aldrich moved the minutes be approved. Trustee Hix seconded the motion and it passed unanimously. Minutes of the Stanley Park Committee meeting held August 22, 1988 were also read. Trustee Aldrich moved the minutes be approved. Trustee Habecker seconded the motion and it passed unanimously. Minutes of the Planning Commission meeting held August 16, 1988 were submitted. Mayor Dannels opened a public hearing to consider the Amended Plat of Lots 6, 7, and 8, 2nd Amended Plat, Pine River Subdivi- sion. At the request of the applicant, Trustee Hix moved the public hearing be continued to September 27, 1988. Trustee Barker seconded the motion and it passed unanimously. Mayor Dannels opened a public hearing to consider an amendment to Section 17.66.300 3. of the Sign Code relating to height of awnings and canopies. Planner Stamey reviewed the amendment stating that by addition of Paragraph "d", height concerns would be addressed. There were no persons speaking in "favor" of the amendment. Those speaking in "opposition" Lou Canaiy. Mr. Canaiy stated many years were spent in adopting a good Sign Code. By allowing canopies and awnings, the Town could be allowing Board of Trustees - August 23, 1988 - Page two "gaudy" signs once again. Planner Stamey clarified the issue by stating awnings and canopies are allowed under the existing Sign Code; the intent of the amendment to address height standards for the awnings and canopies. Pursuant to a request made by Trustee Habecker, Town Attorney White read in full the definition of canopies which is included in the Municipal Code. Jay Stone questioned the affect the amendment would have on existing canopies. Mr. Stone was advised any existing canopy would not be affected by said amendment. There being no further testimony, Mayor Dannels declared the public hearing closed. Trustee Hix introduced, and Town Attorney White read in full, 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 HEIGHT OF AWNINGS AND CANOPIES Trustee Garrett 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 said ordinance duly passed and adopted and ordered it numbered 19-88 and published according to law. Mayor Dannels declared the public hearing open to consider an amendment to Section 17.66.320 of the Sign Code relating to Non -Conforming Signs. As the Planning Commission continued their discussion to a study session, Trustee Hix moved the Town Board's public hearing be continued to September 27, 1988. Trustee Garrett seconded the motion and it passed unanimously. Minutes of the Board of Adjustment meeting held August 12, 1988 were submitted and read in full. Trustee Habecker moved Town Administrator Klaphake be authorized to obtain (1) a facilitator, and (2) a firm to conduct a tele- phone survey; both items relating to the upcoming review of the Urban Renewal Plan. Trustee Aldrich seconded the motion and it passed unanimously. With regard to the "Petition of Protest" filed by Robert Mitchell, etal against Zoning Ordinance #16-88, Town Attorney White advised the Town had two options: (1) repeal the ordi- nance, or (2) schedule the petition question for an election. Upon direction of the Board, Town Administrator Klaphake and Town Attorney White prepared and submitted a proposed ordinance rescinding Ordinance #16-28. Town Attorney White read the ordinance in full. If adopted, the ordinance would cancel construction of the Light and Power Shop Facility on the Town -owned property located in the Elm Road Addition. Trustee Hix moved the following ordinance be passed and adopted: AN ORDINANCE PERTAINING TO THE REPEALING OF ORDINANCE 16-88 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO ZONING PROPERTY WITHIN THE TOWN OF ESTES PARK, COLORADO, KNOWN AS ELM ROAD ADDITION Trustee Garrett 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 said ordinance duly passed and adopted and ordered it numbered 20-88 and published according to law. As directed, staff prepared an option to purchase property immediately adjacent to the existing Street and Water Shop Facilities. Town Attorney White advised the option authorized the Town to purchase three (3) parcels of land from Frank Williams for $160,735.00. The term of the option is 120 days, Board of Trustees - August 23, 1988 - Page three with the Town paying a $1,000 option payment. The property includes all water and sewer taps. Ms. Williams will pay all closing costs. As Mr. Williams had subdivided a portion of one tract, the Town would also purchase this contiguous property for $23,000. Said property is listed with a realtor and $500.00 earnest money would be required. The property owners have placed a mobile home on the property, and they would retain ownership of the home; the Town will pay all closing costs on this trans- action. Trustee Habecker introduced, and Town Attorney White read in full, the following resolution and moved it be passed and adopted: RESOLUTION 12-88 WHEREAS, the Town of Estes Park has determined that it is in the best interests of the Town to pur- chase certain real property; and WHEREAS, attached hereto and incorporated herein by this reference is a proposed Option and Contract for the purchase of said real property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: 1. The Town of Estes Park, through its appropri- ate officers and employees, is authorized to execute the Option and Contract attached hereto as Exhibit "A". Town Administrator Klaphake reported the 120 day term allows the Town ample time to obtain a building permit. Trustee Hix second- ed the motion and it passed unanimously. Judy Hoxsey, Director/Estes Park Public Library presented a resolution establishing the Estes Valley Public Library District and authorizing the merging of the Public Library with the Library District. Said merging will include only those contents of the building; the actual building and land will remain Town property. A joint committee comprised of two Town Board members and two Larimer County Commissioners will nominate appointments to the Library District Board of Trustees. All appointments must be ratified by both Boards. The ballot question of establishing the library district will be placed on the ballot for the upcom- ing general election scheduled November 8, 1988. Trustee Aldrich moved the following resolution be passed and adopted: R E S O L U T I ON 13-88 A resolution consenting to and joining the County of Larimer in the establishment of the Estes Valley Public Library District in a portion of Larimer County and agreeing to merge the Estes Park Public Library with the Estes Valley Public Library District, if established. Trustee Barker seconded the motion and it passed unanimously. Trustee Aldrich moved the Retail Liquor Store License renewal submitted by Longhorn Liquor Mart be approved. Trustee Hix seconded the motion and it passed unanimously. Mayor Dannels noted the Town Board meeting scheduled September 13, 1988 has been rescheduled to September 6, 1988. Town Attorney White reported each entity in the Windy Gap Project must take their allotted share of water and use it prior to December 31, 1988. The Town has no such use for the water, and Attorney White contacted other entities, including MDC. The State of Colorado Parks Division does have a use for the water in Boyd Lake. The State is willing to pay $600.00 to Estes Park for its share of the allotment. The allotment can be used for Board of Trustees - August 23, 1988 - Page four recreational purposes, therefore, this sale would meet this requirement. The sale would be below the Town's purchase price, however, the water is not a marketable item at the present time. Should the Town elect not to sell the water to the State, the water would be lost. Greeley and Loveland have indicated they intend to sell their allotment to the State for Boyd Lake. Trustee Garrett moved Town Attorney White be authorized to sell the Town's portion of the allotment to the State of Colorado Parks Division. Trustee Aldrich seconded the motion and it passed unanimously. Mayor Dannels acknowledged correspondence from Estes Park's "Sister City", the Town of Saguache. There being no further comments, Mayor Dannels adjourned the meeting at 8:24 P.M. Mayor Town Clerk