HomeMy WebLinkAboutMINUTES Town Board 1991-08-27&rimier ttstQs " ark, Larimer County, Colorado, , , , August 2719 91
Minutes of a regular meeting of the Board of Trustees of the Town of Estes
Park, Lorimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park
27th August 91
on the day of , A. D. 19.... at regular meeting
hour.
Meeting called to order by Mayor ProTem George J. Hix
Present: Mayor ProTem Hix Trustees: Norbert L. Aldrich,
David Barker,
Milan A. Dickinson,
Polly Garrett
Also Present: Gary F. Klaphake,
Town Administrator
Gregory A. White,
Town Attorney
Absent: Vickie O'Connor,
Town Clerk
Absent: H. B. Dannels, Mayor
David Habecker, Trustee
Mayor ProTem Hix called the meeting to order at 7:30 P.M. and
announced that Item #3.A. RAMS Liquor License renewal would be
removed from the Consent Calendar and placed under "Action Items."
Police Chief Racine introduced Eddie Laing who has filled the
position of Police Officer I. Mr. Laing has relocated from Eads,
Colorado where he served six (6) years on their Police Department,
most recently as Chief of Police. Town Clerk O'Connor conducted a
"swearing -in" ceremony, which was followed by introduction of Mr.
Laing's family and welcome by the Board of Trustees.
CONSENT CALENDAR:
1. Approval of Town Board minutes dated August 13, 1991.
2. Bills.
3. Liquor License Renewals:
B. Turning Point America, Inc., dba BLACK CANYON INN,
Tavern, 800 MacGregor Ave.
It was moved and seconded (Barker/Aldrich) the consent calendar be
approved, and it passed unanimously.
ACTION ITEMS.
3.A. Town Administrator Klaphake read a letter submitted by Chief
Racine pertaining to the liquor license renewal for RAMS,
Retail Liquor Store, 366 E. Elkhorn Ave. On July 16, 1991,
fermented malt beverage was sold to a minor. Chief Racine
recommended approval of the renewal contingent upon no such
violation occurring again with one (1) year from the date of
the offense. Should an offense occur within the one-year
period, a public hearing before the Board of Trustees will
be conducted. It was moved and seconded (Aldrich/Barker)
said renewal be approved contingent upon the stipulation
provided by Chief Racine, and it passed unanimously.
1.A. Minutes of the Public Works Committee meeting held August
15, 1991 were read, and it was moved and seconded
(Barker/Dickinson) the minutes be approved, and it passed
unanimously.
A.1. Town Attorney White reviewed a one-year Business Lease with
Cheley Colorado Camps, Inc. for a Town -owned reservoir which
Board of Trustees - August 27, 1991 - Page 2
the Camp uses for fishing purposes. The rental payment is
$50.00/year. It was moved and seconded (Barker/Dickinson)
the Business Lease, as presented, be approved, and it passed
unanimously.
2. Minutes of the Planning Commission meeting held August 20,
1991 were submitted.
A. Special Review #91-5 Pink Canopy Restaurant. Mayor ProTem
Hix opened a public hearing to consider a special review
proposal located on Lot 5 and a Portion of Lots 4 and 6,
Block 1, Second Amended Plat, Town of Estes Park, 255 Park
Lane, Minna Riz and A. Claire Ray/Applicant. Mayor ProTem
Hix declared a potential "conflict of interest", and stated
he would not participate in discussion or vote, merely
conduct the hearing. Paul Kochevar, Applicant's
representative, stated that the site is located west of the
First National Bank building. An existing log structure
will be converted, and an addition will be placed on the
north end of the building. The request is subject to
special review procedures due to proposed outdoor eating
areas located on the southerly and easterly portions of the
site. Access will remain from Park Lane, with handicapped -
accessibility and employee parking in the rear. The
Applicant has complied with all Planning Commission
conditions placed on the plat. With regard to color of the
canopy, staff confirmed that Community Development Director
Stamey had reviewed the color sample chosen by the Applicant
(#5477 Rose) and was in agreement with their selection. As
there were no persons speaking in "favor of", or in
"opposition to" the request, Mayor ProTem Hix declared the
public hearing closed. Trustee Barker commented that the
Town had not established guidelines, specifications or
ordinances for color selection, and, therefore, it was not
appropriate for the Planning Commission, Staff, or Town
Board to make such a determination. If items such as color
selection are deemed appropriate, guidelines for adoption
should follow the public hearing process. There being no
further testimony, it was moved and seconded
(Barker/Dickinson) Special Review Request #91-5 Pink Canopy
Restaurant be approved contingent upon the six (6)
conditions identified in the Planning Commission minutes
dated August 20, 1991, Page 6, with Item #1 being amended to
read: 1. Canopy color not be luminescent or day -glow and
not be internally illuminated., and it passed by the
following votes: Those voting "Yes" Trustees Aldrich,
Barker, Dickinson and Garrett. Those voting "No" none.
Those "Abstaining" Mayor ProTem Hix.
3. Ordinance #17-91 Museum Department. Lennie Bemiss, Museum
Board President, and Frank Hix, Museum Board Member, briefed
the Trustees on museum governance, as fully detailed in the
Administrative Committee minutes dated April 22, 1991, and
requested an ordinance establishing the Museum Department be
adopted. Museum Membership will be apprised of the proposed
amendments to the Articles of Incorporation (501(c)(3)
Corporation status, to include a name change to "Friends of
the Estes Park Area Historical Museum) and vote during their
October meeting. Town Attorney White read the ordinance in
full, and it was moved and seconded (Aldrich/Garrett), an
ordinance adopting a new chapter of the Municipal Code of
the Town of Estes Park, Colorado, with regard to the Museum
Department be passed and adopted contingent upon the
following conditions, and it passed unanimously:
A. Non-profit and Town funds not be merged.
B. Museum Department to report, on a monthly basis, to
the Community Development Committee.
Board of Trustees - August 27, 1991 - Page 3
C. The Advisory Board take a leadership role in the
administration of the Museum Department, including,
but not limited to, drafting policy, collections,
long range planning, budget and finance.
Whereupon Mayor ProTem Hix declared the ordinance duly
passed and adopted, ordered it numbered 17-91, and published
according to law.
4. Resolution #18-91 Sidewalk Sale Guidelines. Administrator
Klaphake submitted guidelines regulating the "Surprise Sale
Days" sidewalk sale scheduled October 12-13, 1991 and
requested they be approved. The sidewalk sale is an attempt
to reduce inventory following the tourist season, while
providing a special event for the community. Special Event
Coordinator Hinze will contact all Estes Park businesses to
advise them of the event and urge their participation.
Louis O'Riordan questioned this activity on public property;
Attorney White clarified the issue for the Trustees. It was
moved and seconded (Garrett/Barker) the resolution, as
presented, be adopted, and it passed unanimously.
5. Carriage Hills Addition - Open Space. Town Attorney White
commented on the Deeds of Dedication (3) for Outlots A, B,
and C, Carriage Hills P.U.D., 6th Filing, and Outlots A, B,
C, D, E and F, Carriage Hills, P.U.D., 7th Filing which were
included in the Annexation Memorandum of said 6th & 7th
Filings. Outlot A, 6th Filing, and Outlots A-C, 7th Filing
will remain as open space, and the Town accepts no
maintenance responsibilities with respect to said outlots.
Outlots B and C, 6th filing, and Outlots E and F, 7th Filing
will remain as open space subject to the Town's right to
construct improvements, such as pedestrian and bike paths;
the Town accepts no maintenance responsibilities with
respect to said outlots other than the maintenance of all
pedestrian and bike paths so constructed by the Town.
Outlot D, 7th Filing, will remain as open space, contain the
right to construct pedestrian and bike paths, plus the right
to modify any and all ponds and drainage areas as the Town
deems necessary/appropriate; the Town accepts no maintenance
responsibilities other than the maintenance of all
pedestrian and bike paths and all modifications and
improvements to the ponds and drainage areas. It was moved
and seconded (Garrett/Aldrich) the Town accept the Deeds of
Dedication, according to the specified terms contained
therein, and it passed unanimously.
6 Stanley Park Arena - Contract. Ass't. Town Administrator
Widmer reported on a design/build concept for construction
of the Stanley Park Arena. Anticipating a completion date
of June 1, 1992, uncertainty of project costs, limited
availability of funding, and the like, staff is proposing to
use a design/build negotiated contract approach. Under this
process, the Town selects a design/build team consisting of
a contractor, architect, and other consultants. Constant
value engineering is performed during design development.
The project will be bid to a minimum of three (3)
subcontractors for each trade, with a guaranteed maximum
price the result. Staff requested proposals from two (2)
teams: Gerald H. Phipps, Inc., and Thorp Associates, P.C.
Following review, staff has determined that the Town would
best be served by entering into a contract with Thorp
Associates for the design and construction of the Stanley
Park Arena. Commending staff in providing this approach, it
was moved and seconded (Garrett/Aldrich) staff be authorised
to negotiate a contract for the described services with
Thorp Associates, P.C., submitting said contract to the
Board of Trustees for their consideration.
7. Lou Canaiy/Conference Center Property Tax. Mr. Canaiy
Board of Trustees - August 27, 1991 - Page 4
expressed objection with the Town in requesting the
Conference Center receive tax-exempt status. Town Attorney
White advised that the Town requested tax-exempt status
which is available to all public buildings, i.e. schools,
churches, and the like. The center is owned by the Town,
and similar to other Town -owned facilities (Municipal
Building), the request was issued. Said request is not a
variance from established IRS rulings pertaining to public
buildings. Town Administrator Klaphake will thoroughly
review the Operating Agreement between the Town and Holiday
Inn with Mr. Canaiy.
Following completion of agenda items, and prior to a motion to
enter Executive Session, Mayor ProTem Hix requested comments from
the Board and/or audience. In response to the issue of "color" as
discussed during the public hearing of Special Review Request #91-5
Pink Canopy Restaurant, Trustee Garrett offered the following
comments: the Planning Commission, over the last year, has
examined various standards relating to signs, color, landscaping,
noise, and building height. Perhaps the Trustees should ask the
Planning Commission to review standards for all aspects of
aesthetics. In addition, during the last Commission meeting, out
of five (5) projects, no fewer than six (6) conditions were
attached to each project. It would appear useful for the Board to
encourage more support for the Planning Staff so that projects are
discussed at length with the Planner, and that all required
information be submitted prior to being considered by the
Commission. Current practice has allowed the Commission, on
occasion, to enter a negotiation mode rather than an evaluation
procedure. Al Sager, Chairman/Planning Commission, addressed the
Trustees commenting that guidelines are in place to consider
projects that fall under Special Review procedures. Discussion
followed regarding the "Munsell Book of Color" in relation to the
newly -established Historic District, and whether government should
be involved in choosing colors.
Louis O'Riordan commented on low-income housing and local sales tax
which is applied to all groceries. Pertaining to Mr. O'Riordan's
comments, the Board advised that the Town has taken an active role
in its commitment to the Childrens Center facility which has over
100 children registered. As many families cannot afford
registration fees, scholarships are available --no child is turned
away. With regard to housing, the Board is actively pursuing
options, and it is anticipated that an announcement will be made
within the next 60-90 days.
There being no further business, it was moved and seconded
(Dickinson/Aldrich) the Board enter Executive Session to discuss
land negotiations, and it passed unanimously. Mayor ProTem Hix
adjourned the meeting to Executive,Sess"ion at 9:15 P.M.
yor ProTem
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Town Clerk