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HomeMy WebLinkAboutMINUTES Town Board 2005-06-14Town of Estes Park, Larimer County, Colorado, June 14, 2005 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 14th day of June, 2005. Meeting called to order by Mayor John Baudek. Present: Also Present: Susan L. Doylen, Mayor ProTem Trustees Homeier Lori Jeffrey -Clark Chuck Levine Wayne Newsom Bill Pinkham Randy Repola, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: John Baudek, Mayor Mayor ProTem Doylen called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT (Please state your name and address) None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 24, 2005. 2. Bills. 3. Committee Minutes: A. Public Safety, May 26, 2005: Police Department: 1. Amendment to Chapter 9.18 etal — Proposed Ordinance — See Action #1.A. below. 2. Alcoholic Beverage Tastings — Proposed Resolution - See Action #1.B. below. Fire Department: 1. Fireworks Permit — Longs Peak Scottish/Irish Highland Festival, Inc. — Approval. B. Community Development, June 2, 2005: Special Events Department: 1. Parade Approvals: Rooftop Rodeo, July 12th, Longs Peak Scottish Festival, Sept. 10th, and Come Catch the Glow, November 11th. 2. Stanley Park Master Plan, Phase I — Contract with DSWNHE for Final Design, $61,194 ($50,000 budgeted in 2005 Budget and re -allocation of remaining $11,194 from 2005 Construction Budget). 3. Special Events Policy Manual — Revision to Park Regulation Application Form. Board of Trustees — June 14, 2005 — Page 2 Community Development Department: 1. Special Review Fee Waiver — Circle of Friends Montessori School — Approval. 2. Grading or Excavation Permit — Proposed Ordinance — See Action Item #2.A. below. 3. Estes Park Pride Awards Program — Implementation. C. Public Works, June 9, 2005: 1. Purchase of 10' Snowplow with Coupler and Hydraulics, Colorado Machinery, $20,869, Budgeted Item. 2. W. Riverside Dr. Repaving Project, $20,000 (contractor to be determined) (portion of Annual Overlay Program Budget). 3. Scott Ave. Ponds Spillway Maintenance Project, $20,000 (contractor to be determined), Budgeted Item. 4. Ordinance #8-05 — Officially ratifying Town Final EVDC Block 7 Amendments. It was moved and seconded (Newsom/Pinkham) the it passed unanimously. 2. ACTION ITEMS: Board approval of 5/24/05 regarding Consent Agenda be approved, and 1. PUBLIC SAFETY COMMITTEE REFERRED ITEMS. Police Chief Richardson presented the following items favorably recommended to the Town Board for approval: A. ORDINANCE #6-05 — ADDING TO AND AMENDING CHAPTER 9.18 PERTAINING TO SEGWAYS (EPAMDs). Amendment will allow and regulate these devices under Chapter 9.18 Skateboards, Rollerblades and Bicycles. The ordinance contains the emergency clause to immediately allow and regulate use of the Segways. Discussion and clarification followed, with Trustee Homeier noting he supports use in the downtown area, specifically for those with mobility assistance issues (as written, the device could not be operated in the downtown area). Town Attorney White read the Ordinance, and it was moved and seconded (Pinkham/Levine) Ordinance #6-05 be approved, and it passed unanimously. B. RESOLUTION #13-05 — ALLOWING RETAIL LIQUOR STORES OR LIQUOR -LICENSED DRUG STORES TO CONDUCT ALCOHOLIC BEVERAGE TASTINGS. Pursuant to House Bill 1021 approved in 2004, focal liquor licensing authorities are required to adopt legislation authorizing alcoholic beverage tastings in retail liquor stores or liquor -licensed drug stores. Newsom — reiterated this is state law; Levine - It was moved and seconded (Levine/Pinkham) Resolution #13-05 be approved, and it passed unanimously. 2. COMMUNITY DEVELOPMENT COMMITTEE REFERRED ITEM. Community Development Dir. Joseph presented the following item favorably recommended by the Community Development Committee: A. ORDINANCE #7-05 — AMENDING CHAPTER 14.12 REPLACING REQUIREMENTS FOR A GRADING OR EXCAVATION PERMIT. This section of the Municipal Code was unintentionally omitted with the adoption of the International Codes in December 2004. The ordinance includes the emergency clause as it immediately authorizes and regulates grading or excavation permits by the Dept. of Building Safety. Town Attorney White read the Ordinance and it was moved and seconded (Newsom/Homeier) Ordinance #7-05 be approved, and it passed unanimously. Board of Trustees — June 14, 2005 — Page 3 3. RE -APPOINTMENT OF TRUSTEE JEFFREY-CLARK TO THE LARIMER COUNTY OPEN LANDS ADVISORY BOARD, JUNE 30, 2008 It was moved and seconded (Levine/Pinkham) Trustee Jeffrey -Clark be re -appointed to a 3-yr. term on the Larimer County Open Lands Advisory Board, with the term expiring June 30, 2008, and it passed with Trustee Jeffrey -Clark Abstaining. 4. TOWN ADMINISTRATOR'S REPORT. A. Visitors Center Update. The center is now operating under summer hours and staff is seeing between 8-900 visitors/day during the week, and over 1,000 on weekends. B. Fish Creek Trail. This project. is on schedule, and one lane of Fish Creek Road is closed for the duration of project. Completion is expected in late July/early August. C. Sales Tax. April sales tax revenues are up 9% from April, 2004; an analysis will be prepared by Finance Officer McFarland. Trustee Newsom noted that the barrier placed on the entrance to the Knoll -Willows Trail has been knocked down (installed due to elk calving), and he questioned if the Town had any liability concerns. Town Attorney White confirmed that the Town does have a responsibility to replace the barrier pursuant to dangerous conditions omission. Community Development Dir. Joseph added that permanent signs have been attached at both ends of trail as well. Administrator Repola will contact the Police Department for reinstallation of the barriers. 5. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(B), C.R.S. — Conference with Town Attorney White and Special Counsel Dawes for the purpose of receiving legal advice on specific legal questions regarding the Habecker Lawsuit. Motion: It was moved and seconded (LevinelPinkham) the Town Board enter Executive Session for a conference with Town Attorney White and Special Counsel Dawes for the purpose of receiving legal advice on the item listed above under C.R.S. Section 24-6-402(4)(B), and it passed unanimously. Whereupon Mayor ProTem Doylen adjourned the meeting to Executive Session at 7:29 p. m. Mayor ProTem Doylen reconvened the meeting to open session at 8:25 p.m. and as there were no further agenda items the meeting was adjourned at 8:25 p.m. en, Mayor P ¢Tem Vickie O'Connor, Town Clerk