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HomeMy WebLinkAboutMINUTES Town Board 1986-12-16ertiust estrz park, Larimer County, Colorado, December 16 19.06 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 Pork on the hour. December day of A D. 1986 at regular meeting Meeting called to order by Moyor H. Bernerd Dannels Present: Mayor H. B. Dannels Also Present: Absent: None Trustees: Dale G. Hill, Town Administrator Gregory A. White, Town Attorney Norbert L. Aldrich, David Barker, Mark T. Brown, David Habecker, George J. Hix, Paula L. Laing Minutes of the regular meeting held November 25, 1986 were submitted and approved. Trustee Laing moved the bills, as presented, be allowed and paid and that the Clerk 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 Hix seconded the motion and it passed unanimously. Appearing before the Board of Trustees, State Representative Elect John Irwin stated he will make an effort to attend communi- ty meetings to interact with all citizens of Estes Park. Mr. Irwin encouraged public contact. Minutes of the Public Safety Committee meeting held November 26, 1986 were read. Trustee Aldrich, Chairman of the Committee, moved the minutes be approved. Trustee Habecker seconded the motion and it passed unanimously. Minutes of the Light and Power Committee meeting held December 5, 1986 were read. Trustee Laing, Chairman of the Committee, moved the minutes be approved. Light and Power Director Dekker clar- ified two items contained in the minutes: the "PowerPac" consent form, and request for funds to aid in the cleanup of contaminated property housing the Town's small portion of hazardous waste materials. Trustee Brown seconded the motion and it passed unanimously. Minutes of the Administrative Committee meeting held December 10, 1986 were also read. Trustee Hix, Chairman of the Committee, moved the minutes be approved. Trustee Laing seconded the motion and it passed unanimously. Minutes of the Water Committee meeting held December 11, 1986 were read. Trustee Hix, Chairman of the Committee, moved the minutes be approved. Trustee Barker seconded the motion and it passed unanimously. Minutes of the Board of Adjustment meeting held December 11, 1986 were submitted. Mayor Dannels continued the public hearing to consider Prospect Mountain Subdivision, P.U.D., Amended Concept Plan and proposed 7th Filing. Mr. Todd Plummer, representing the owner, was present. The subdivision was reviewed November 25, 1986 and approval was delayed pending receipt of the Attorney's Certifi- cate. Town Administrator Hill reported the certificate had been received and was in order. Mayor Dannels declared said public hearing closed. Trustee Hix moved Prospect Mountain Subdivision, Board of Trustees - December 16, 1986 - Page two P.U.D., Amended Concept Plan and 7th Filing be approved. Trustee Brown seconded the motion and it passed unanimously. Mayor Dannels continued the public hearing to consider adoption of the 1987 Budget. Trustee Aldrich introduced, and TowpAdmin- istrator Hill read in full, the following Resolution and moved it be adopted: RESOLUTION 26-86 A resolution summarizing expenditures and revenue for each fund, and adopting a budget for the Town of Estes Park, Colorado, for the calendar year beginning on the first day of January, 1987, and ending on the last day of December, 1987. WHEREAS, the Board of Trustees of the Town of Estes Park have appointed Dale G. Hill, Town Adminis- trator, to prepare and submit a proposed budget to said government body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 25, 1986, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That estimated expenditures for each fund are as follows: General Fund $ 4,389,993 Stanley Park Fund 392,335 Conservation Trust Fund 6,420 Museum Fund 47,550 Public Library Fund 181,790 Light and Power Fund 6,034,108 Water Fund 1,839,745 Self Insurance Fund 826,090 Policemen's Pension Fund 6,587 Firemen's Pension Fund 42,250 TOTAL $13,766,868 Section 2 That the estimated resources for each fund are as follows: General Fund: From unappropriated surpluses $ 1,241,272 From sources other than general property tax 3,"449,251 From the general property tax levy 121,000 TOTAL GENERAL FUND Stanley Park Fund: Conservation Trust Fund: Museum Fund: Public Library Fund: $ 4,811,523 $ 392,335 $ 6,420 $ 47,550 $ 181,790 Board of Trustees - December 16, 1986 - Page three Light and Power Fund: From unappropriated funds $ 1,324,029 From other revenue sources 5,096,500 TOTAL LIGHT & POWER FUND $ 6,420,529 Water Fund: From unappropriated funds $ 425,001 From other revenue sources 1,577,600 TOTAL WATER FUND $ 2,002,601 Self Insurance Fund: $ 826,090 Policemen's Pension Fund: 57,665 Firemen's Pension Fund: $ 295,397 GRAND TOTAL $15,041,900 Section 3. That the budget, as submitted, amend- ed, and hereinabove summarized by fund, be and the same hereby is approved and adopted as the budget of the Town of Estes Park, Colorado for the year stated above. Section 4. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. Comments were heard from Louis O'Riordan. Mr. O'Riordan stated the Chamber of Commerce was receiving a 15% commission in addi- tion to the 89/packet for mailings. If the Board of Trustees were members of the Chamber of Commerce, Mr. O'Riordan stated the Board was in a direct conflict of interest and could not approve the budget allocating funds to the Chamber. Larry Pierce stated that if the budget were approved with regard to allocating funds for EPURA, such an approval would profoundly affect his situa- tion. Mr. Pierce was advised that, if necessary, the budget could be amended at a later date. Trustee Brown stated all Town funds allocated for advertising are administered by the Advertising Committee and are used to further economic development of the community. Mayor Dannels declared said hearing closed. Trustee Brown seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker, Hix and Laing. Those voting "No" none. Trustee Hix introduced, and Town Administrator Hill read in full, the following Resolution and moved it be adopted: RESOLUTION 27-86 A resolution appropriating sums of money to the various funds and spending agencies, in the amounts and for the purposes as setforth below, for the Town of Estes Park, Colorado, for the 1987 budget year. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on December 16, 1986; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as setforth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the Board of Trustees - December 16, 1986 - Page four budget to and for the purposes described below, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated: General Fund: Current Operating Expenses $ 3,620,873 Capital Outlay 769,120 TOTAL GENERAL FUND $ 4,389,993 Stanley Park Fund: $ 392,335 Conservation Trust Fund: $ 6,420 Museum Fund: $ 47,550 Library Fund: Current Operating Expenses $ 176,329 Capital Outlay 5,461 TOTAL LIBRARY FUND $ 181,790 Light and Power Fund: Current Operating Expenses $ 4,579,108 Capital Outlay 1,455,000 TOTAL LIGHT and POWER FUND $ 6,034,108 Water Fund: Current Operating Expenses $ 1,401,245 Capital Outlay 438,500 TOTAL WATER FUND $ 1,839,745 Self Insurance Fund: $ 826,090 Policemen's Pension Fund: $ 6,587 Firemen's Pension Fund: $ 42,250 GRAND TOTAL $13,766,868 Trustee Laing seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker, Hix and Laing. Those voting "No" none. Mayor Dannels declared a public hearing to consider a new 3.2% Retail Beer License application submitted by Estes Park Enter- prises, Inc. dba PARK WAY FOODS, 401 East Elkhorn Avenue. Mr. Sam Parker, President/Estes Park Enterprises, Inc., stated the property was formerly leased to 7-11 Stores and had been licensed to sell 3.2% beer for approximately 15 years. There were no persons speaking in "opposition"; however, Mr. Louis O'Riordan questioned the total number of liquor -dispensing outlets within Town Limits and also requested the names of the parties involved in Estes Park Enterprises. Mr. O'Riordan was advised there are 49 liquor -licensed outlets and the five gentlemen involved are: Sam Parker, Steve Nagl, Anthony Ricciardi, Paul Stephan and Ed Grueff. There being no further testimony, Mayor Dannels declared said hearing closed. Trustee Brown stated the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and Board of Trustees - December 16, 1986 - Page five that the desires of the adult inhabitants are for the granting of this liquor license and moved the 3.2% Retail Beer License, Off Premises be granted. Trustee Laing seconded the motion and it passed unanimously. Trustee Hix moved the Transfer of Ownership application for a 3.2% Retail Beer License (off premises) for Safeway Store #920, located at 451 East Wonderview Avenue, submitted by Safeway Stores 46, Inc., formerly operated by Safeway Stores, Inc., be approved. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Brown moved the 3.2% Retail Beer License Renewal, Off Premises, submitted by Brodie's Super Market, Inc. be approved. Trustee Hix seconded the motion and it passed unanimously. Trustee Hix moved the Change in Corporate Structure application submitted by Nicky's Restaurant and Lounge be granted. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Hix moved the Transfer of Ownership application for a 3.2% Retail Beer License (off premises) submitted by City Market, Inc., dba CIRCLE SUPER VALU, 431 West Elkhorn Avenue, formerly operated by DJR Corporation be approved. Trustee Barker seconded the motion and it passed unanimously. The Estes Valley Recreation and Park District (EVRPD)submitted a letter dated December 4, 1986 requesting authorization to (1) host the 9th Annual "Frost Giant" 5 and 10K Footrace January 18, 1987; and (2) use Municipal Building Room 100 for the registration site and headquarters. There were no persons present representing EVRPD. Police Chief Ault reviewed the permit application to conduct an athletic event on a highway and supplied the application for consideration by the Trustees. Trustee Hix moved the request be approved contingent upon EVRPD being held responsible for returning Room 100 to its original condition. Trustee Aldrich seconded the motion and it passed unanimously. Trustee Hix moved Mayor Dannels be authorized to execute the easement between Town Brown and the Town for water inlet diver- sion works (a portion of the Fish Hatchery Property). The Public Works Committee recommended approval of the easement at their meeting held October 21, 1985. Trustee Barker seconded the motion and it passed unanimously. Trustee Laing introduced, and Town Administrator Hill read in full, the following Resolution and moved it be approved: R E S O L U T I ON 28-86 WHEREAS, Ordinance Number 24-86 of the Town of Estes Park establishes a 2% Use Tax effective the 15th day of December, 1986; and WHEREAS, Section 3.10.050 of the Ordinance pro- vides that the Board of Trustees is authorized to adopt all rules and regulations which may be necessary or appropriate for the collection, administration and enforcement of the use tax on construction and building materials; and WHEREAS, it is necessary to adopt appropriate rules and regulations for the collection, adminis- tration, and enforcement of the use tax on construction and building materials. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the 2% Use Tax on any construction and building materials used in the Town of Estes Board of Trustees - December 16, 1986 - Page six Park shall be collected by the Town at the time of the issuance of a building permit. The 2% Use Tax shall be based upon the estimated amount of materials to be used in the construction for which the building permit is issued. 2. That the person paying the use tax upon the issuance of a building permit may obtain a rebate of the use tax for any sales tax paid on materials for which the use tax has been collected. 3. That in order to obtain the rebate of the use tax, the person paying the use tax shall submit to the Town a use tax rebate form listing sales tax receipts for the items upon which the person wishes to claim a rebate of the use tax. Upon submission and approval the use tax rebate form, the person shall be entitled to an appropriate reabate of the use tax paid on the building permit. 4. That the Town Finance Officer and the Town Building Inspector are hereby authorized by the Board of Trustees to administer the use tax collection and rebate for the Town of Estes Park. Trustee Brown seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Habecker, Hix and Laing. Those voting "No" none. Mr. Larry Pierce/Estes Silver and Gold presented 33 petitions containing approximately 610 signatures requesting the Board of Trustees to: "1. Cause the Urban Renewal Authority to stop all further condemnation activities against the Ed and Jerry Boyd property, East Elkhorn Avenue, Estes Park, Colorado, and against all lessees thereof; 2. Dismiss entire Urban Renewal Board; and 3. Require any further urban renewal activities be con- ducted by the Board of Trustees directly." In summary, Mr. Pierce stated the petitions indicated the senti- ment of the people of Estes Park; URA had lost touch with the community. Mr. Pierce requested the Board of Trustees undertake a debate to stop URA from condemning the building he occupies during the meeting this date as the matter would be considered by the Court January 13, 1987. Mayor Dannels advised the petition would be taken under advisement. Testimony was also offered by Mr. Louis O'Riordan. Mayor Dannels stated it is unfortunate the Board was being required to deal with "reaction" in lieu of "action." The URA Plan was presented in several public meetings prior to its adoption in 1982. Lack of public response during such meetings has lead to a great deal of misleading information. EPURA was charged with the responsibility of carrying out the Plan; however, the Board of Trustees are continually reviewing the Plan and EPURA itself. Town Attorney White advised the Plan was legally adopted by the Trustees; the Board does not have the power to carry out such a Plan; and due to passing two bond issues with regard to EPURA, legal complications arise possibly preventing revision to the Plan. Trustee Barker reiterated he would like to see a public session conducted to address current priorities of the Plan. Trustee Habecker expressed concern that the petition not be "dismissed"; however, when EPURA was created, procedure was established to eliminate the Board of Trustees from making arbitrary decisions. Trustee Brown added the Trustees are indeed constantly reviewing the Plan; rather than a full Board of Trustees - December 16, 1986 - Page seven examination of the Plan, perhaps it would be most beneficial for each Trustee to refamiliarize themselves with the Plan as adopted in 1982; if priorities have changed, then perhaps the Plan could be amended. Ms. Kay Haughey, President/Estes Valley Memorial Gardens (EVMG) appeared before the Trustees regarding the variance being re- quested from Larimer County for the cemetery. Superintendent James Thompson, Rocky Mountain National Park Service, submitted a letter to the County's Planning Department expressing concern of the aspen stand located in the western portion of Tract 4. The tract is a significant wildlife winter range habitat and the National Park Service prefers no development be allowed to take place at this location. If structures are necessary, the Park Service prefers such structures be located on the east side on the aspen stand. Mr. Walt Gurley displayed two sketches, the original plan of the area and a revised plan which indicated a road traversing Tract 4. Larimer County's Board of Adjustment has reviewed the variance request and has submitted a favorable recommendation to the County Commissioners who will review the request December 22, 1986. EVMG is anticipating purchasing the first parcel of land from the Town on December 31, 1986; they do not anticipate purchasing Tract 4 for several years. However, EVMG is in need of constructing a permanent structure; they would like to comply with the Park Service request and place the structure on Tract 4. EVMG anticipates using Tracts 5 and 6 as a "buffer." Ms. Haughey stated that should the cemetery fail, the structure would become public property and could be moved to another location. Discussion followed regarding leasing the entire six acres and market value. Trustee Hix moved (1) that the Town be authorized to lease Parcels 2, 3 and 4 to Estes Valley Memorial Gardens for a period of eight (8) years; (2) Town Attorney White be authorized to negotiate such a lease and prepare an Ordinance for adoption by the Board of Trustees. Trustee Aldrich seconded the motion and it passed unanimously. Mayor Dannels presented an Employee Incentive Award to Robert Moore, Mechanic, for outstanding performance during the absence of the Fleet Manager. Public Works Director Widmer accepted the award on behalf of Mr. Moore. Mayor Dannels announced the next meeting of the Board of Trustees will be held Tuesday, January 13, 1987. In a letter submitted by the Platte River Power Authority, Mayor Dannels announced wholesale electric rates will not be increased through 1987. Light and Power Director Dekker has been appointed Chairman of the Board for Platte River Power Authority. Mayor Dannels expressed appreciation to the public for their participation during the meeting, stating public input is always needed and welcomed. There being no further business, the meeting adjourned. Mayor . • TownClerk