HomeMy WebLinkAboutMINUTES Town Board 1993-02-23Town of Park February23 1993 k, LarimerCounty,Colorado, 1993
Minutes of a Regular meeting of the Board of Trustees of the Town of Este s
Park, Larimer County, Colorado . Meeting held in the Town Hall in said Town of Estes Par k
23rd
February
9 3on the day of A . D . 19 .... at regular meetin g
hour .
Meeting called to order by Mayor ....Bernard
Present : Mayor H . B . Dannels
Trustees :George J . Hix, Mayor ProTe m
Norbert L . Aldrich ,
Robert L . Dekker ,
Stephen W . Gillette ,
Also Present :
Gary F . Klaphake,
David Habecke r
Town Administrato r
Gregory A . White ,
Town Attorne y
Absent: Vickie O'Connor,
Town Clerk
Absent :
David Barker, Truste e
Mayor Dannels called the meeting to order at 7 :32 P .M . and
presented an Award of Financial Reporting Achievement issued by th e
Government Finance Officers Association to Finance Officer Vavra .
The Town has received the Award for the past six years . Mayo r
Dannels also acknowledged Steve Jackson, CPA for his assistanc e
which lead to the Award .
PUBLIC INPUT .
Dick Pratt advised that Cable Systems, Inc . (CSI) is required b y
FCC to : (1) allow third-party access and (2) if a cable syste m
supplies more than 36-54 channels, 10% must be made available fo r
commercial access . Mr . Pratt alleged CSI is negligent in bot h
cases and urged the Board to ensure CSI complies with current FC C
Regulations . Administrator Klaphake stated that both allegation s
will be forwarded to CSI for response .
CONSENTCALENDAR
1 .
Town Board minutes dated February 9, 1993 .
2 .
Bills .
3 .
Committee Minutes :
A.Light & Power, February 11, 1993 .
B.Public Works, February 18, 1993 .
C.Planning Commission, February 16, 1993 (acknowledgemen t
only).
4 .
Liquor License Renewals :
A.Associated Property Consultants, Inc ., dba COACH HOUS E
COMEDY STOP, Hotel & Restaurant License, 600 W . Elkhor n
Ave . (Elkhorn Lodge).
B.Alice Claire Ray, dba GAZEBO RESTAURANT & TAVERN, Hote l
& Restaurant License, 225 Park Lane, includes Extende d
Hours .
It was moved and seconded (Hix/Aldrich) the consent calendar b e
approved,and it passed unanimously .
ACTION ITEMS :
1 .
Light & Power Committee, February 11, 1993 :
Board of Trustees - February 23, 1993 - Page 2
Cable System Franchise A g reement .Asst . Administrator Widme r
reviewed an outline for preparation of a new Franchis e
Agreement : February/March - research and formulate issues t o
be discussed (will be considered by the Light & Powe r
Committee in April); April begin negotiating with CSI ;
May/June - Town Attorney White to draft a Franchise Agreement ;
July - said Agreement to be considered by the Light & Powe r
Committee, with a recommendation to the Board . Research wil l
concentrate on similar-sized tourist municipalities as Este s
Park .
2 .
Public Works Committee, February 18, 1993 :
A.M .D .C . Superior Metro politan District - Eighth "Amendment .
Public Works Director Linnane briefed the Trustees on the 8t h
Amendment with M .D .C . which amends the Windy Gap Paymen t
Schedule . Attorney White negotiated a higher interest rate o f
7 .5%; payments will begin March 1, 1993 and end October 1 ,
1993 ; principal will total $635,934 .20, and interest will b e
$36,267 .14 . It was moved and seconded (Habecker/Gillette) th e
Eighth Amendment to the Contract to Purchase Windy Gap Wate r
with M .D .C . be approved,and it passed unanimously .
B.Resolution #7-93 - Augmentation Plan .Director Linnan e
reported on a resolution that authorizes staff and Attorne y
White to file the Augmentation Plan with the Water Distric t
Court . A schedule for implementation was reviewed . It wa s
moved and seconded (Habecker/Dekker)Resolution 7-93 b e
adopted,and it passed unanimously .
C.Rebate Agreement : AmericaHonda EducationCor.oration
(Honda),A Waterline Extension and Oversizing Agreement wit h
Honda was favorably recommended by the Public Works Committee .
The Agreement authorizes a rebate charge of 30% over and abov e
the Town's connect charges payable to Honda when a privat e
party desires to tap into the 12" waterline . Area propert y
owners will not be affected unless they elect to connect t o
the waterline . Negotiation on the rebate amount will no t
involve the Town . It was moved and seconde d
(Habecker/Gillette) the Rebate Agreement with American Hond a
Education Corporation be approved,and it passed unanimously .
D.Miscellaneous Equipment/Project Budget Expenditures
Approval .Staff requested authorization to purchase th e
following equipment : Skylights/$6,850 ; Three-Wheel Ridin g
Mower/$5,800 ; and Three-Wheel Truckster/$6,384 . All item s
were below budget . It was moved and seconde d
(Habecker/Gillette)staff be authorized to purchase the
equipment as presented,and it passed unanimously .
Director Linnane reviewed general improvements necessitated b y
the Americans with Disabilities Act (ADA) (budget amoun
t not-to-exceed $10,000) and the proposed Park Shop Addition
(not-to-exceed $9,300). It was moved and seconde d
(Habecker/Gillette)staff proceed with the ADA improvement s
and Park Shop Addition with the associated not-to-excee d
budget amounts,and it passed unanimously .
E.Water Rate Ordinance #2-93 -Adoption .Pursuant to previou s
Public Works Committee and Town Board action, Attorney Whit e
presented an amended Water Rate Ordinance that conforme d
certain ordinance definitions to the Zoning Code . Th e
Committee postponed discussion on a definition for affordabl e
housing, thus such was not included in the ordinance at thi s
time . Attorney White read the ordinance in full, and it wa s
moved and seconded (Habecker/Gillette) the Water Rat e
Ordinance be approved,and it passed unanimously . Whereupon ,
Mayor Dannels declared the Ordinance duly passed and adopted ,
ordered it numbered 2-93, and published according to law .
Board of Trustees - February 23, 1993 - Page 3
Note : the ordinance will take effect 30 days after adoptio n
and publication .
F .
C Scope of Services - Approval .Rocky Mountain Consultant s
submitted a proposal not-to-exceed $14,494 for design of th e
1993 Water Loop Project . It was moved and seconded
(Habecker/Gillette) the Proposal be approved,and it passed
unanimously .
3 . Amended Plat of Lots 4, 5, 2 and 23, Block 8, Country Club
Manor Addition William M ary June and Edwar dW.
Myers/Applicant .It was moved and seconded (Hix/Aldrich)the
Amended Plat be continued to March 9, 1993, and it passed
unanimously .
4.Resolution #8-93 - Public Place Posting Notice .Cler k
O'Connor advised that pursuant to an amendment to the Colorad o
Sunshine Act, municipalities are required to pass a resolutio n
every year designating a public place to post notices of it s
meetings . Said location will be the lobby area immediatel y
adjacent to Administrative Offices in the Estes Park Municipa l
Building . It was moved and seconded (Hix/Aldrich)Resolutio n
#8-93 be adopted,and it passed unanimously .
5.
Liquor Licenses :
A.Show Cause Hearing -EastSide Food Store .Mayor Dannel s
opened a liquor show cause hearing for East Side Food Store ,
3 .2% Retail Beer License, 381 S . Saint Vrain Ave . Mayor
ProTem Hix declared a potential "conflict of interest" an d
stated he would not participate in discussion nor vote .
Attorney White reviewed procedure to be followed, and Polic e
Chief Racine presented the case, alleging East Side Foo d
Store violated Section 12-46-112(1)(b)(I) of the Colorad o
Liquor and Beer Code-Sale to a minor . The Licensee wa s
represented by Charles Bloom, Attorney .
Attorney Bloo m
stipulated such a violation did occur . Roger Shippy ,
Secretary/PaCK, Inc ., read a letter dated February 10, 199 3
urging the Town to take a "hard line approach" with bot h
offenses (East Side and The Country Store). There being n o
further testimony, Mayor Dannels declared the ,show caus e
hearing closed . It was moved and seconded (Aldrich/Dekker )the following "finding" be approved :that the Licensee ha s
violated Section 12-46-112-(I)(b)(I) of the Colorado Liquo r
and Beer Code, and it passed unanimously, with Mayor ProTe m
Hix "Abstaining ."
Whereupon, Chief Racine submitted a recommendation fo r
suspension of the license for 15 days . Trustee Habecker move d
the license be suspended for 30 days . The motion failed fo r
lack of a second . It was moved and seconded (Aldrich/Dekker )
License #03-30054 issued to East Side Food Store be suspende d
for 15 consecutive calendar days, from 12 :01 A .M . Marc h 1,
1993 until 11 :59 P .M . March 15, 1993,and it passe d
unanimously, with Mayor ProTem Hix "Abstaining ."
B.Show Cause Hearing - Mountain Dew Liquor .It was moved an d
seconded (Hix/Aldrich)this show cause hearing be continued t o
March 9, 1993,and it passed unanimously .
C.Show Cause Hearing - National Park Village South, aka Th e
Country Store .Mayor Dannels opened a liquor show caus e
hearing for National Park Village South/The Country Store, 90 0
Moraine Ave . Mayor ProTem Hix declared a potential "conflic t
of interest" and stated he would not participate in discussio n
nor vote . Police Chief Racine presented the case, allegin g
The Country Store violated Section 12-46-112(1)(b)(I) of th e
Colorado Liquor and Beer Code-Sale to a minor . The License e
was represented by John Phipps, Attorney . Attorney Phipps
Board of Trustees - February 23, 1993 - Page 4
stipulated such a violation did occur . There being no furthe r
testimony, Mayor Dannels declared the show cause hearin g
closed .
It was moved and seconded (Aldrich/Dekker) th e
following "f in d ing "be approved :that the Licensee ha s
violated Section 12-46-112-(1)(b)(I) of the Colorado Liquo r
and Beer Code, and it passed unanimously, with Mayor ProTe m
Hix "Abstaining ."
Whereupon, Chief Racine submitted a recommendation fo r
suspension of the license for 15 days . It was moved an d
seconded (Aldrich/Habecker)License #03-02531-003 issued t o
Deer Ridge Inc ., dba NATIONAL P 'K VILLAGE SOUTH/THE COUNTR Y
STORE be suspended for 15 consecutive calendar days, fro m
12 :01 A . M . March 1, 1993 until 11 :59 P .M . March 15, 1993, an d
it passed unanimously, with Mayor ProTem Hix "Abstaining ."
D.Resolution #8-93 -New Hotel and Restaurant Liquor License .
It was moved and seconded (Hix/Dekker) a public hearing dat e
of March 23, 1993 be set to consider a New Hotel an d
Restaurant Liquor License Application filed by The Even t
Center, Inc .,470 Prospect Village Dr ., and it passe d
unanimously .
6 .Town Administrator's Rep ort .Administrator Klaphake and Cler k
O'Connor briefed the Trustees on the upcoming "Community
Breakfast Program" which was endorsed by the Board as one o f
their Goals for 1993 . The 1992 Voter Registration List wil l
be utilized to randomly select 20 citizens throughout th e
community, inviting them to attend the Breakfast . It i s
anticipated these informal meetings will provide a forum fo r
the citizens to discuss issues which may be pertinent to Tow n
affairs .
Trustee Habecker briefed the Board on the 1993 Park and Rid e
Program advising that 200 letters were mailed to the Downtow n
Merchants inviting them to attend a meeting to discuss sai d
Program ; approximately 30 merchants attended the meeting .
Following subsequent meetings, the following was endorsed :
A.Chamber of Commerce Director Boschen will hel p
promote the Program : motto : "Open A Spot for th e
People that Shop ." The Chamber will sell a minimu m
of 500 season passes . The Town will pay $15 .00 an d
merchants will pay $10 .00 of this $25 .00 fee .
B.The Park and Ride Program will begin June 28 an d
end August 22, from 7 :30 A .M . - 10 :00 P .M .
C.The Bureau of Reclamation Lot will be utilized i n
1993 ; the Conference Center Lot has been deleted .
Trolleys will stop every 30 minutes at this lot an d
every 40 minutes at other stops .
The season pass allows a pick-up/drop-off at any stop alon g
the route . All three (3) trolleys will be utilized in 1993 .
The Town's project cost will be $7,500 based upon 500 seaso n
passes sold, and funding will be derived from reduced trave l
expenses . The season pass sale deadline is March 18 . Fina l
Park and Ride details will be considered by the Public Work s
Committee .
Following completion of all agenda items, Mayor Dannels commente d
on a news article recently included in the National League o f
Cities Weekly Magazine . Estes Park's success story following th e
1982 Flood was featured in a full-page article . Trustee comment s
included : CACEP's successful "Imagine This" event held Februar y
20th at the High School ; favorable response to a "smoke-free "
atmosphere proposed by The Event Center ; and the possibility of th e
Arts filling a void for schools in lieu of Amendment 1 cutbacks .
Board of Trustees - February 23, 1993 - Page 5
Trustee Dekker offered a brief history of Leon Sweetland's
(deceased) employment with the Town .
There being no further business, Mayor Dannels adjourned th e
meeting at 9 :36 P .M .
Mayo r
.
.
.
Town Clerk