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Home My WebLink AboutMINUTES Town Board 1991-03-26ixt Df dif ieZ Park, Larimer County, Colorado, March .26 , 19.91.. . Minutes of a regular Park, Larimer County, Colorado. on the . 26th day of hour. meeting of the Board of Trustees of the Town of Estes Meeting held in the Town Hall in said Town of Estes Park Maxcb , A. D. 19. 9.1 at regular meeting Meeting called to order by Mayor ProTem George J. Hix Present: Mayor ProTem Hix Also Present: Trustees: Norbert L. Aldrich, Milan A. Dickinson, Polly Garrett, David Habecker Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: H. B. Dannels, Mayor David Barker, Trustee Mayor ProTem Hix called the meeting of the Board of Trustees to order at 7:30 P.M. and Town Administrator Klaphake commented that the agenda would be amended to include Item #4/Congressman Allard meeting, #5/Report from the Police Department, to include an Executive Session relating to potential litigation, and Item #6/Executive Session to discuss land use issues. CONSENT CALENDAR: 1. Approval of Town Board minutes dated March 12, 1991. 2. Bills. 3. Liquor Licenses Renewals: A. Ed's Cantina, Hotel and Restaurant, 362 E. Elkhorn Ave., includes Extended Hours. B. Winterhawk Enterprises, Inc., dba THE ANTLERS FINE FOOD & DRINK, 1690 Big Thompson Ave., includes Extended Hours. C. Longhorn Liquor Mart, 1640 Big Thompson Ave., Retail Liquor Store. It was moved and seconded (Aldrich/Garrett) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1.A. Minutes of the Community Development Committee meeting held March 14, 1991 were read. It was moved and seconded (Garrett/Habecker) the minutes be approved, and it passed unanimously. B. Minutes of the Stanley Park Committee meeting held March 14, 1991 were read. It was moved and seconded (Aldrich/Habecker) the minutes be approved, and it passed unanimously. 1. It was moved and seconded (Garrett/Aldrich) the 1991 Christmas Parade Agreement with Connie Boschen be approved, and it passed unanimously. 2. It was moved and seconded (Habecker/Aldrich) the Entertainment Production Agreement with Theatrical Media Services, Inc., be approved, and it passed unanimously. Board of Trustees - March 26, 1991 - Page 2 3. Resolution 6-91. Town Attorney White read a resolution authorizing a name change from the Estes Park Horse Show and Rodeo Committee to the Estes Park Rooftop Rodeo Committee, and it was moved and seconded (Habecker/Aldrich) the resolution be approved, and it passed unanimously. C. Minutes of the Public Works Committee meeting held March 21, 1991 were read. Contingent upon the cost of services for the 1991 Loop Project be corrected to read $17,300 in lieu of $32,197, it was moved and seconded (Dickinson/Habecker) the minutes be approved, and it passed unanimously. 1. Ordinance #6-91. Public Works Director Linnane briefed the Trustees on an ordinance authorizing the vacation of a Portion of Big Horn Drive pertaining to the request made by David and Carole Ware. As directed in the Public Works Committee, staff did re -define the legal description and such a change was incorporated in the ordinance. Town Attorney White read the ordinance in full, and it was moved and seconded (Dickinson/Habecker) the ordinance be adopted, and it passed unanimously. Whereupon Mayor ProTem Hix declared the Ordinance duly passed and adopted and ordered it numbered 6-91 and published according to law. 2. Planning Commission. It was moved and seconded (Garrett/Dickinson) all Planning Commission items contained in the minutes dated March 19, 1991 be considered April 9, 1991, and it passed unanimously. 3 Initiated Ordinance/Stanley Historic District. Town Clerk O'Connor reported that the petition contained 11 signatures that were disqualified, resulting in a total of 226 verified signatures, thus the petition was valid pursuant to State Statute. Town Attorney White read his legal opinion which, in summary, found that said Petition has no effect on the Knoll Development until such time as the Initiated Ordinance is approved, either through action by the Board of Trustees or by vote of the electorate. Town Administrator Klaphake reviewed a memorandum dated March 26, 1991 which specifically identified each portion of the Initiated Ordinance found to be inappropriate. Trustee Habecker commented on the Petition's height restriction; view corridor; Historic Preservation Officer; open space -total gross floor area; "other resort accommodations"; architectural styles; lighting layout; and trees -rock outcroppings --all items as contained in the Initiated Ordinance. In Trustee Habecker's opinion, this Initiated Ordinance is an attempt to thwart the proposed factory outlet stores. Mayor ProTem Hix accepted brief comments from the audience. Comments basically against the Initiated Ordinance were heard from Louis O'Riordan and Lou Canaiy. Comments basically in favor of said Ordinance were heard from Rowland Retrum, Ed Allbright, and Frank Normali. Speaking on behalf of the Trustees, Mayor ProTem Hix commented that the Board does not object to a historic district; however, the Initiated Ordinance, as presented, is not practicable. There being no further discussion, Trustee Habecker moved the Initiated Ordinance Board of Trustees - March 26, 1991 - Page 3 establishing a Stanley Historic District not be passed and adopted, and that a Special Election be scheduled August 6, 1991. Trustee Aldrich seconded the motion and it passed unanimously. In addition, Trustee Habecker moved staff be directed to prepare an innovative Historic District Ordinance for the area adjacent to the Stanley Hotel for consideration prior to the August 6th Special Election. Staff clarified that two meetings were held with the petitioners and, at staff's request, representatives from the State Historical Society were present. The petitioners expressed a desire to complete the ordinance without delay, and staff responded that the Town could not meet such a deadline, thus negotiations ceased. Administrator Klaphake confirmed that parking will be addressed in staff's proposal, and that public hearings will be conducted during the Planning Commission and Town Board meetings. Trustee Aldrich reiterated that he does agree with a historic district concept, however, he is concerned that the ordinance, as presented, was prepared by a limited group, thus he seconded the motion and it passed unanimously. 4. Town Administrator Klaphake announced that U. S. Representative Wayne Allard will meet with the Trustees at Noon on April 1, 1991. A public forum will be held at 1:30 P.M. in the Board Room of the Municipal Building. 5. Administrator Klaphake and the Trustees commented on the recent gunfight incident which occurred March 19 involving Police Officers Eyman and Filsinger and Mike Mueller of Omaha, Nebraska. Chief Racine reported on the condition of all three men involved, and informed all in attendance that statistics indicate "it takes five (5) people to man one (1) position round the clock." With 14 sworn officers, 2 investigators, 2 sergeants, and 8 patrol officers, the Department is currently facing a shortage of manpower, and he requested the Trustees consider authorizing additional full-time police officers in the future. The Trustees received a news article written by Gabriella Stern/World-Herald Staff Writer/Omaha pertaining to Mike Mueller, a news article entitled "Cops Under Fire" from U. S. News, and information listing crime trends in Larimer County. The Board unanimously commended Chief Racine, the entire Police Department, and, in particular, Officers Eyman and Filsinger for their work on this case. Following completion of all agenda items, Mayor ProTem Hix requested comments from the audience. Louis O'Riordan stated that in lieu of the Historic District Ordinance, the Town should begin working on the affordable housing issue; Lou Canaiy stated that the expense of open space purchases by the Town is borne by taxpayers; and Mary Bauer stated that the Historic District petitioners were attempting to control the proliferation of "junk" shops near the Stanley Hotel property, not curtail the factory outlet stores. There being no further business, Mayor ProTem Hix adjourned the meeting at 9:35 P.M. to Executive Session to discuss (1) potential litigation involving the Police Depaurtenyt in the above -referenced shooting incident, and (2) potential land use iss}&es. Town Clerk ProTem