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Home My WebLink AboutMINUTES Town Board 1990-05-22Zrrant o1 3E$tQ5 Vark, Lorimer County, Colorado, Minutes of a regular Park, Lorimer County, Colorado. on the hour. May 22 19 90 meeting of the Board of Trustees of the Town of Estes Meeting held in the Town Hall in said Town of Estes Park 22nd day of May , A. D. 19.9.9. at regular meeting 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 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. CONSENT CALENDAR: 1. Approval of Town Board minutes dated May 8, 1990. 2. Approval of bills. 3. Liquor License Renewals: A. Rex Maughan, dba HOLIDAY INN OF ESTES PARK, Tavern License, includes Extended Hours - Renewal. B. Snowdance Properties, Inc., dba FRIAR'S RESTAURANT, Hotel and Restaurant License, includes Extended Hours - Renewal plus Change of Corporate Structure. C. International Leisure Enterprises, Inc., dba GOLDEN EAGLE RESORT, Hotel and Restaurant License, includes Extended Hours. It was moved and seconded (Aldrich/Garrett) that the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1.A. Minutes of the Community Development Committee meeting held May 10, 1990 were read. It was moved and seconded (Barker/Hix) the minutes be approved, and it passed unanimously. B. Minutes of the Public Works Committee meeting held May 17, 1990 were read. It was moved and seconded (Dickinson/Barker) the minutes be approved, and it passed unanimously. C. Minutes of the Stanley Park Committee meeting held May 18, 1990 were read. The following corrections were noted: the Cutting Clinic will be held June 27 and 28, 1990. Barn W construction exceeded budget estimate due to an unanticipated increase in the foundation construction cost. It was moved and seconded (Aldrich/Habecker) that with the above two corrections, the minutes be approved, and it passed unanimously. Board of Trustees - May 22, 1990 - Page Two D. Public Safety Committee of April 26, 1990: 1. Ordinance #5-90 - E911 Emergency Telephone Service. Trustee Garrett introduced and Town Attorney White read Ordinance #5-90, an ordinance authorizing the Mayor to sign an intergovernmental agreement creating an emergency telephone service authority in order to establish and operate an emergency telephone service system in the Town of Estes Park, Colorado, and imposing an emergency telephone charge upon telephone access facilities within the Town of Estes Park. Trustee Aldrich seconded the motion and it passed unanimously. 2.A. Public Hearing: Crags Mountain Village Final Plat, Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision, Home Federal Savings and Loan, Applicant (continued from Mav 8, 1990). Mayor Dannels declared the public hearing reopened. Mr. Paul Kochevar/Estes Park Surveyors, representing the owners, reported that the final plat contains all required signatures and conditions recommended by the Planning Commission. Community Development Director Stamey requested the Town receive a recorded copy of covenants and homeowners documents within thirty days of Town Board approval and, prior to any building permits. An executed copy of the emergency access easement agreement between Home Federal Savings and Loan and Golden Eagle Resort owners is expected to be received momentarily. The name of this project has been changed to Promontory Subdivision. Due to the size of this project, Town Attorney White has modified the Town's Improvement Guarantee to include items not previously contained in the document and a draft has been submitted to Community Development Director Stamey, Public Works Director Widmer and Paul Kochevar for their review. Attorney White recommends approval of this plat, subject to the Improvement Guarantee being executed by the developer. Hearing no further comments "for" or "in opposition to", Mayor Dannels declared the public hearing closed. It was moved and seconded (Barker/Garrett) that with staff's comments, the Promontory Subdivision (Crags Mountain Village Final Plat, Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision) be approved, and it passed unanimously. B. Public Hearing: Amended Plat of Lots 5A and 9, Prospect Village Subdivision - Lynn W. Kinnie. Applicant. and: C. Public Hearing: Special Review Request #90-1 - Amendment to Development Plan, Lynn W. Kinnie Applicant. Trustee Habecker expressed a conflict of interest and stated he would abstain from discussion or vote. Town Administrator Klaphake stated staff recommends both public hearings be continued to June 26, 1990. The basis for this recommendation is that staff feels the public interest is best served by hearing this item at one meeting, because of the anticipated appeal to the Town from the developer of the Authority's Board of Trustees - May 22, 1990 - Page Three finding of noncompliance with the Estes Park Downtown Redevelopment Program (Plan). This is not to be construed as a delay, but rather, a coordination of the review process. It was moved and seconded (Aldrich/Garrett) these public hearings be continued to June 26, 1990. Those voting Yes Trustees Aldrich, Barker, Dickinson, Garrett, Hix. Those voting No None. Those Abstaining Trustee Habecker. D. Larimer County Transit Development Plan - Estes Park Component. Community Development Director Stamey noted that Hary Neely has coordinated this project for Larimer County through their Human Development Department. In 1988, Estes Park prepared a Transit Development Plan (TDP) which reviewed services of the trolley, senior citizen center, and nursing home. The plan was prepared for the period 1988- 1992. During the past six months, Larimer County has been updating the Larimer County Transit Development Program, of which Estes Park is one component. They have included sections of Estes Park's plan in the Larimer County Plan, with a three year extension through 1995 which continues the Town's eligibility to apply for funds, i.e. vans to be used by the senior center and Kreative Kids. Planning Commission consensus is to recommend that the Town Board endorse the Larimer County TDP update. Endorsement of this update does not financially obligate the Town, but allows eligibility for funds should the Town desire to apply. It was moved and seconded (Garrett/Barker) the Board accept the Larimer County Transit Development Program 1991-1995 - Estes Park Component, and it passed unanimously. 3.A. Roadside Productions, Inc., dba LONIGANS, Tavern License, includes Extended Hours - Show Cause Public Hearing. Police Chief Racine distributed copies of a Stipulation and Agreement reached as a result of a meeting between the Town of Estes Park and Lonigans' owners. The owners have expressed a desire to stay within compliance of the Town's liquor laws. The agreement states, in part: 1. the licensee agrees the facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. requires the licensee agree to a thirty day suspension of its tavern liquor license as a penalty for its violation of the Colorado Liquor Code as follows: a) licensee to be actively suspended for seven days from 12:01 A.M. on June 4, 1990 until 11:59 P.M. on June 10, 1990; (b) twenty-three days of the suspension will be held in abeyance for a period of one year from the date of approval of this agreement by the Town, pending no further violations of the Colorado Liquor Code during this one year period by the licensee; (c) licensee will post the premises in compliance with Regulation 47-110.1(F) of the Colorado Liquor Code, during the period of active license suspension; (d) in the event the Town determines that there has been a violation of the Colorado Liquor Code during the Board of Trustees - May 22, 1990 - Page Four aforementioned one year period, the Town shall give the licensee written notice of the Town's intentions and licensee shall be entitled to request a hearing in front of the Board of Trustees to determine whether the violation occurred and whether or not there are any facts that would mitigate the imposing of the above -stated twenty-three day suspension; (e) the parties agree that nothing set forth in this agreement shall prevent or hinder the Town in considering suspension or revoking licensee's Tavern Liquor License for any violation of the Colorado Liquor Code, subsequent to the date of this agreement. Chief Racine recommends approval of the Stipulation and Agreement. It was moved and seconded (Barker - Aldrich) the Stipulation and Agreement be approved, and it passed unanimously. 4. Ordinance #6-90 - Amending Certain Chapters of the Municipal Code of the Town of Estes Park - Adoption of this Ordinance is hereby determined to be declared an emergency due to the fact that it is necessary to immediately change the Municipal Code and update corrected paragraphs thereof and; WHEREAS, in the opinion of the Board of Trustees, an emergency exists, this ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. Trustee Dickinson introduced and Town Attorney White read and explained Ordinance #6-90. Trustee Aldrich seconded the motion and it passed unanimously. Following completion of all agenda items, Mayor Dannels stated that due to a scheduling conflict, the June 12, 1990 Town Board meeting is cancelled and one meeting will be conducted in June - June 26, 1990. Mayor Dannels requested comments from the audience. Bill VanHorn, representing Lynn W. Kinnie, requested clarification regarding continuation of public hearings on agenda items 2. B. and C. to June 26, 1990. Town Administrator Klaphake stated continuation of these hearings enables the developer, Town and public to attend a single coordinated meeting wherein the Town can hear and act upon the May 15, 1990 Planning Commission recommendations, as well as any request for appeal of EPURA's March 29, 1990 decision of noncompliance with the Estes Park Downtown Redevelopment Program (Plan). There being no further business, Mayor Dannels adjourned the meeting at 8:35 P.M. Mayor Secretary