HomeMy WebLinkAboutMINUTES Town Board 1988-09-271" (71V.er Irit auCounty,il of 'Estes Path larimer Colorado, SOPteillb27
Minutes of a
regular
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 27th day of September
hour.
Meeting called to order by Mayor
, A. D. 19.13.8. at regular meeting
H. Bernerd Dannels
Present Mayor H. B. Dannels Trustees: Norbert L. Aldrich,
Milan A. Dickinson,
Polly Garrett,
David Habecker
Also Present:
AbietiV
Gary F. Klaphake,
Town Administrator
Gregory A. White,
Town Attorney
Vickie O'Connor,
Town Clerk
Absent: David Barker, Trustee
George J. Hix, Trustee
Mayor Dannels called the meeting of the Board of Trustees to
order at 7:30 P.M.
Trustee Habecker moved the minutes of the Town Board meeting held
September 6, 1988 and the minutes of the special Town Board
meeting held September 20, 1988 be approved. Trustee Garrett
seconded the motion and it passed unanimously.
Trustee Garrett 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 Dickinson seconded the motion and it passed
unanimously.
Minutes of the Public Works Committee meeting held September 15,
1988 were read. Trustee Habecker moved the minutes be approved.
Trustee Garrett seconded the motion and it passed unanimously.
Minutes of the Public Safety Committee meeting held September 22,
1988 were read. Mr. Dan Hoben addressed the Board regarding
speed violations occurring on Riverside Drive. The posted speed
limit is 20 mph; however, vehicles are travelling at speeds of 30
- 50 mph. Mr. Hoben suggested the Town could be at risk for
failing to enforce the speed limit. Mr. Hoben stated he had not
received an answer to his letter from Chief Racine. As stated in
the minutes, Chief Racine placed this street on the "special
attention" list and also advised the Larimer County Sheriff's
Department. Trustee Garrett moved the minutes be approved.
Trustee Aldrich seconded the motion and it passed unanimously.
Minutes of the Stanley Park Committee meeting held September 26,
1988 were read. Trustee Aldrich moved the minutes be approved.
Trustee Habecker seconded the motion and it passed unanimously.
Trustee Aldrich introduced, and Town Attorney White read in full,
the following resolution and moved it be passed and adopted:
RESOLUTION 15-88
WHEREAS, the Town of Estes Park has agreed to
assist the Estes Valley Recreation and Park District
with the advertising for the 1988-1989 Ski Estes Park
ski season; and
Board of Trustees - September 27, 1988 - Page two
WHEREAS, said expenditures were not included in
the 1988 Advertising Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO:
1. That the appropriation for the General Fund
Advertising Budget is hereby increased by
$5,000.00, the beginning fund balance in the
General Fund is the source of this appro-
priation.
Trustee Habecker seconded the motion and it passed unanimously.
Acting as the Board of Appeals, the Board considered an appeal to
Section 105 of the Uniform Building Code submitted by U. S.
West--Keton, Inc., Contractor/Petitioner. Richard Bauer ad-
dressed the Board stating U. S. West is considering installing an
energy conservation device known as "Econo Jet" at its facility
located at 150 Moraine Avenue. The device is installed in a gas
line and is engineered to change the flow of gas to a swirling
motion, inducing a more complete mixing of fuel and air, which
results is energy conservation. The device has been in service
twelve years; however, the product is not listed or certified by
a nationally accepted firm. Mr. Bauer stated Econo Jet is a safe
product with no danger of fire or explosion when installed by a
qualified, trained mechanical contractor. In a memorandum dated
September 22, 1988, Building Official Allman identified three
areas upon which his rejection of the installation was based:
(1) all tests shall be performed by an approved agency, (2) the
statement "tampering is dangerous and voids all warranties" is
attached to most gas appliances, and (3) in their letter, Moun-
tain Fuel stated the Appliance Test Report is not to be con-
sidered as an endorsement or used for advertisement purposes.
Public Service Company of Colorado, has not taken a position on
this device. Trustee Habecker questioned the definition of the
statement, "installed by a licensed, qualified contractor" which
was generally included in all approval letters submitted by
various municipalities. Mr. Bauer stated a mechanical contractor
trained in boiler, heating, and air conditioning installation
would be a "qualified contractor"; the term "licensed" generally
referred to an occupation license imposed by a municipality. Mr.
Bauer confirmed there have been no safety problems associated
with the product, and he displayed evidence of product liability
insurance in the amount of $1,000,000. Town Attorney White
stated that should the Town approve the device, the Town would
not incur additional liability. When questioned on the elevation
with regard to installation and operation, Mr. Bauer stated the
unit would operate more efficiently resulting in greater savings.
There being no further testimony, Trustee Habecker moved the
appeal be granted under the following statement: We will approve
the use of Econo Jet in the Town of Estes Park subject to the
requirements of permit and inspection and that any installation
be performed by a licensed, qualified contractor in accordance
with manufacturers instructions." Trustee Dickinson seconded the
motion and it passed by the following votes: Those voting "Yes"
Trustees Aldrich, Dickinson, and Habecker. Those voting "No"
Trustee Garrett.
Minutes of the Planning Commission meeting held September 20,
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 which was continued from August 23, 1988. Paul Kochevar,
representing the applicant, addressed the Board and advised the
the property contained three (3) individual lots; the applicant
is requesting to combine the three lots into one which would
result in approximately 1.35 acres. Mr. Kochevar also advised
all conditions attached to the amended plat by the Planning
Commission had been resolved. Town Planner Stamey confirmed all
conditions had been met. There being no additional testimony,
Board of Trustees - September 27, 1988 - Page three
nor persons speaking in "opposition" to the amended plat, Mayor
Dannels declared the public hearing closed. Trustee Dickinson
moved the Amended Plat of Lots 6, 7, and 8, 2nd Amended Plat,
Pine River Subdivision be approved. Trustee Habecker seconded
the motion and it passed unanimously.
Mayor Dannels opened a public hearing to consider the Amended
Plat of Lot 7, Majestic Pines Subdivision. Paul Kochevar,
representing the applicant, advised the lot in question currently
contains one acre; the applicant desires to divide the lot into
two (2) 1/2-acre lots. Mr. Kochevar advised all conditions
attached to the amended plat by the Planning Commission had been
met. Trustee Habecker questioned the possibility of low water
pressure currently serving the existing house, and that by adding
an additional house on the newly -created lot the water pressure
may be adversely affected. Mr. Kochevar stated this problem
could be alleviated when the Water Master Plan is in effect.
There being no additional testimony, Mayor Dannels closed the
public hearing. Trustee Garrett moved the Amended Plat of Lot 7,
Majestic Pines Subdivision be approved. Trustee Habecker second-
ed the motion and it passed unanimously.
Mayor Dannels opened a public hearing to consider Section
17.66.320 Nonconforming Signs. Pursuant to Planning Commission
action taken September 20, 1988, Trustee Habecker moved the
hearing be continued to October 25, 1988. Trustee Aldrich
seconded the motion and it passed unanimously.
Mayor Dannels opened a public hearing to consider the Amended
Plat of Lots 1 and 2, Pettyjohn Addition. Pursuant to Planning
Commission action also taken September 20, 1988 Trustee Garrett
moved the hearing be continued to October 25, 1988. Trustee
Aldrich seconded the motion and it passed unanimously.
Mayor Dannels opened a public hearing to consider the Amended
Plat of Lots 18, 19, 20, and 21, Country Club Manor Addition.
Trustee Aldrich moved the hearing be continued to October 11,
1988. Trustee Dickinson seconded the motion and it passed
unanimously.
Trustee Habecker moved the Tavern Liquor License renewal applica-
tion submitted by The Villager, 1230 Big Thompson Avenue be
approved. Trustee Dickinson seconded the motion and it passed
unanimously.
Trustee Aldrich introduced, and Town Attorney White read in full,
the following resolution and moved it be passed and adopted:
RESOLUTION 16-88
WHEREAS, on November 8, 1988, the question of
establishing the Estes Valley Public Library District
and increasing the maximum authorized mill levy for
such District, and providing other matters relating
thereto, shall be submitted to the registered electors
of such District; and
WHEREAS, the Estes Park Library desires to provide
information and materials urging said electors to vote
"Yes" at the election for the District and the mill
levy; and
WHEREAS, Section 1-45-116, C.R.S., 1973, provides
that the Board of Trustees of the Town of Estes Park
shall specifically approve this distribution of mate-
rials, use of the Estes Park Public Library, and work
on the campaign by employees of the library during
working hours.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO:
Board of Trustees - September 27, 1988 - Page four
Section 1. That all employees and volunteers of
the Estes Park Public Library shall be entitled to
work on the campaign for the proposal to establish
the Estes Valley Public Library District, to
increase the maximum authorized mill levy for such
District, and all other matters relating thereto,
during their working hours at the Estes Park
Library.
Section 2. That the Estes Park Public Library may
be used for the purpose of distributing materials
and information with regard to the aforementioned
campaign to the registered electors of the
proposed District, urging them to vote "Yes" at
said election.
Section 3. That the equipment of the Estes Park
Public Library, such as reproduction equipment and
supplies, may be used in the aforementioned
campaign.
Trustee Garrett seconded the motion and it passed unanimously.
Following completion of all agenda items, Mayor Dannels requested
comments from the audience. Trail Gazette News Editor Tim Asbury
questioned adoption of Resolution 16-88 approving the use of
public funds to be used on issues such as the Library District
campaign. Town Attorney White stated that pursuant to State
Statute, public funds can be used if the public entity has a
direct interest in the issue.
Mayor Dannels commented on the Rocky Mountain Electric League
Fall Conference which was recently held in Moran, Wyoming, and
the very worthwhile tour of the facilities of the Platte River
Power Authority and Rawhide Generating Plant.
There being no further business, Mayor Dannels adjourned the
meeting at 8:32 P.M.
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Town Clerk
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Mayor