HomeMy WebLinkAboutMINUTES Town Board 1994-08-23Town of ste p Park,Larimer county, Colorado,
,115Past 23 .
., 19 . 9 4.
Minutes of a .Regular ...meeting of the Board of Trustees of the Town o f
Estes Park, Larimer County, Colorado . Meeting held in the Municipal Building i n
said Town of Estes Park on the .23rd .day of Aug11st ., A .D ., 19 .94.
at regular meeting hour .
H . Bernerd Dannel s
Meeting called to order by Mayor
Present :Mayor
Trustees :H . B . Dannel s
Also Present :Gary F . Klaphake ,
Town Administrator
Gregory A . White ,
Town Attorne y
Vickie O'Connor ,
Town Cler k
Nb Og9 tA
Absent :
William J . Marshall, Truste e
Police Chief Racine introduced Mark Swallow and his family an d
Clerk O'Connor conducted a Swearing-In Ceremony for the Polic e
Officer . Mr . Swallow joined the force August 22, 1994 .
Mayor Dannels called the meeting to order at 7 :39 P .M .
PUBLIC INPUT .
There was no public input .
CONSENT CALENDAR :
*Action Item #1 .B . Lot 26, Twin View Addition was removed from
Action Items and placed under Consent Item #3 .B .1 .
1 .
Town Board minutes dated August 9, 1994 .
2 .
Bills .
3 .
Committee Minutes :
A.Public Safety, August 18, 1994 .
B.Planning Commission, August 16, 1994 (acknowledgemen t
only).
1 .
Continue to September 13, 1994 :
a.Lot 31, Bonnie Brae Addition, Crystal Cree k
Development/Applicant .
b.Lots 15-17, Block 2, Town of Estes Park ,
Elizabeth Bowers/Applicant .
c.Lot 6, Little Prospect Mountain Addition ,
Geraldine Kappely/Applicant .
*d . Lot 26, Twin View Addition, Estes Homes ,
Inc ./Applicant .
4 . Resolution #14-94 - Setting public hearing date of Septembe r
13, 1994 for New Hotel and Restaurant Liquor Licens e
Application filed by George Lee, dba HUNAN RESTAURANT, 450 W .
Riverside Dr .
It was moved and seconded (Gillette/Doylen) the consent calendar b e
approved,and it passed unanimously .
Robert L . Dekker ,
Mayor ProTem
Susan L . Doylen ,
Stephen W . Gillette ,
Michael E . Miller ,
J . Donald Pauley
Board of Trustees ® August 23, 1994 ® Page 2
ACTION ITEMS :
1 .A .Final Plat of a Portion of Lot 31, Hanford Addition, Ric k
Allnutt/Estes Park Orthodontic Center/Applicant .
Mayor
Dannels opened the public hearing to consider the lot split .
Senior Planner Joseph reported that : the Planning Commissio n
recommended conditional approval ; property pins have been set ;
the attorney's letter received ; and the lots do conform t o
minimum lot size requirements . There being no furthe r
testimony, Mayor Dannels declared the public hearing closed .
It was owed and seconded (Doylen/Pauley) the Final Plat o f
Lot 31, Hanford Addition be approved contingent upon al l
conditions attached by the Commission, as more fully define d
in the Planning Commission minutes dated August 16, 1994, an d
it passed unanimously .
2.Neighborhood Mail Delivery, Phase II ® Award Contract fo r
Cluster Boxes .Public Works Director Linnane reported tha t
the 1994 Budget contains $23,000 for the construction an d
installation of neighborhood delivery cluster box units, Phas e
II . Bid packages were supplied to four local concret e
contractors ; three declined to bid . Cornerstone Concret e
submitted a bid of $13,410 . A drawing identified nin e
construction sites which will be completed prior to October 1 ,
1994 ; an additional 396 units will be provided . The pavin g
cost of $3,300 was submitted by Western Mobile, making a tota l
project cost of $16,710 . Staff requested the expenditure o f
the remaining funds be authorized for potential increase i n
project quantities, including surveying, for a not-to-excee d
value of $23,000 . It was moved and seconded (Gillette/Pauley )
the bid submitted by Cornerstone Concrete for $13,410 and th e
price given by Western Mobile for $3,300 be accepted, t o
include funding for potential increases in project quantities ,
etc ., for a total project expenditure not-to-exceed $23 ®000 ,
and it passed unanimously .
3.Revision to Model Traffic Code - Lexington Lane .Public Work s
Director Linnane advised that the Public Safety Committe e
recommended approval of the installation of a stop sign at th e
corner of Lexington Lane and "northbound" Lexington Lan e
("northbound" Lexington Lane will be the stop point). Truste e
Doylen commended Director Linnane and Chief Racine for thei r
diligence and swift action, ensuring that the installatio n
confirms to the Manual on Uniform Traffic Control Devices, an d
it was moved and seconded (Doylen/Gillette) the Model Traffi c
Code be revised to include the aforementioned stop sign o n
Lexington Lane, and it passed unanimously .
4.Transfer of Ownership ®Liquor Licensed Drug Store License ,
from Rocky Mountain Pharmacy of Estes Park (B . Heffington), t o
Greg Barton, dba ROCKY MOUNTAIN PHARMACY OF ESTES PARK,453 E .
Wonderview Ave . It was moved and seconded (Gillette/Doylen )
the Transfer of Ownership to Rocky Mountain Pharmacy of Este s
Park, Inc ., dba ROCKY MOUNTAIN PHARMACY OF ESTES PARK b e
approved contingent upon inspection/approval by the Stat e
Board of Pharmacy,said inspection/approval to be obtaine d
prior to the license becoming effective, and it passe d
unanimously .
5.Stanle Villa .e Wheeler Mana .ement Grou .. Inc . ® Re .uest Town
Consent for Optional Redemption of all Bonds Outstanding i n
Series 1985A Industrial Revenues Bonds .In a letter date d
August 12, 1994, John D . Wheeler requested the Town provid e
written consent for the redemption of Series 1985A Industria l
Revenue Bonds . Bill Van Horn stated that the request wil l
terminate the bond issue in which the Town was named a s
"issuer ." It was moved and seconded (Paisley/Doylen) the Mayo r
be authorized to provide written consent as requested,and i t
passed unanimously .
Board of Trustees ®August 23, 1994 ®Page 3
6.Estes Park Urban Renewal Authorit>.(A) It was moved an d
seconded (Dekker/Pauley)George J .Mix be reappointed to a 5 °
year term, expiring September 14, 1999 (current term expire s
September 14, 1994).
(B) The Trustees acknowledged a letter submitted by Car l
Henderson dated August 17, 1994 notifying the Town that Mr .
Henderson will not be available for reappointment as a
Commissioner on EPURA . This term expires September 14, 1994 .
Mayor Dannels praised Mr . Henderson for his service to EPUR A
and the Town, stating he anticipates filling the vacancy i n
the near future .
7.
Resolution #15 .94 Settlement Agreement w/Richard Pratt .
Town Administrator Klaphake requested the Board adjourn t o
Executive Session to consult with Town Attorney White on thi s
item, and it was moved and seconded (Miller/Doylen) the Boar d
enter Executive Session,and it passed unanimously . Whereupo n
Mayor Dannels adjourned the meeting at 8 :00 to Executiv e
Session .
Mayor Dannels reconvened the meeting at 8 :12 P .M . Town
Attorney White read a Resolution which settles a lawsuit file d
by Richard L . Pratt v . Cable Systems, Inc . (CSI) and the Town .
The Settlement Agreement (Exhibit A of the Resolution) wa s
reviewed by the Town Attorney, and, in summary, CSI wil l
designate one of its channels for public access and provide a
minimum of 2 hours (11 :00 A .M . - 1 :00 P .M .) Monday throug h
Friday for its use . Due to an indemnity clause in the CS I
Permit Agreement, CSI will reimburse the Town for all attorne y
fees associated in this suit . It was moved and seconde d
(Pauley/Gillette)Resolution #15-94 be approved,and it passe d
unanimously .
8.
November Ballot question :
A . Resolution #16®94 ® Approving Ballot Question Language .
Administrator Klaphake commented that a concern wa s
raised concerning the existing Intergovernmenta l
Agreement (IGA) between EPURA and the Town relative t o
the ballot question requesting approval to retain al l
revenues in excess of the revenue limitations of Articl e
X, Section 20 . Staff will prepare and submit a revise d
IGA that addresses how EPURA will operate and how th e
capital improvement project priority list will be decide d
upon .
Mayor Dannels confirmed that the Town anticipates exces s
funding of approximately $6-14 Million over the next te n
years, not $30 Million as reported in a recent newspape r
article .
Attorney White read the Resolution which contained a
ballot question seeking voter approval for the Town t o
retain all excess revenues pursuant to Article X, Sectio n
20 of the Colorado Constitution for a 10-year period t o
be expended for capital projects such as a fire station ,
open space, sidewalks, trails, landscaping, street an d
parking lot construction and maintenance, storm drainage ,
municipal buildings/facilities, and intergovernmenta l
agreement projects . Mayor ProTem Dekker commented tha t
the ballot question does not include a proposal for an y
increase in taxes, greater than 50% of sales tax revenue s
are generated by the summer visitors, and funding i s
needed for capital improvement projects . Trustee Mille r
noted that a revised IGA with EPURA is very important an d
that his favorable vote at this time is t o
authorize/place the question before the voters i n
November . Attorney White confirmed that any proposed
Board of Trustees - August 23, 1994 - Page 4
increase in taxes would require a vote of the people .
There being no further discussion, it was moved an d
seconded (Dekker/Paisley) Resolution #16-94 be approved ,
and it passed unanimously .
B.Agreement with Larimer County to Conduct Coordinate d
Election Services .Attorney White reviewed the Agreemen t
which is required by State law for all coordinate d
elections . Election expenses are spread between al l
entities that have placed a question on the ballot ; exac t
costs are determined following the election . Earl y
voting will be available . It was moved and seconde d
(Gillette/Doylen) the Agreement with Larimer County t o
Conduct Coordinated Election Services be approved,and i t
passed unanimously .
C.Food Tax Refund .Administrator Klaphake noted that sai d
refund program is based upon low-income guideline s
including families with children under eighteen years o f
age, the disabled, or those over the age of 65 . Th e
EVRPD boundary was utilized as it was believed thos e
citizens residing outside Town Limits spend as much o n
groceries and pay the Town's local sales tax portion o f
4% as those residing inside Town Limits . Hearing n o
objection, this program will be included in the 199 5
Budget appropriations . Attorney White confirmed tha t
there are no adverse legal ramifications for the Tow n
should the Board elect to utilize the EVRPD boundarie s
for this program .
9 .
Town Administrator's Report :
A.Sales Tax Statistics .The Trustees reviewed secon d
quarter sales tax statistics which indicate 12 .58 %
increase through June, 1994 .
B.Rooftop Rodeo Budget Calendar .During Rooftop Rode o
Committee meetings, it has become apparent that work o n
next year's event must begin in the very near future, an d
Administrator Klaphake requested the implementation of a
seasonal budget calendar . The commitment of fundin g
would occur at this time, with actual budge t
appropriation occurring in the 1995 Budget . Stating tha t
Rooftop Rodeo Committee energy is very evident, that i t
behooves the Town to accommodate that energy, it wa s
moved and seconded (Doylen/Gillette) a Rooftop Rode o
seasonal accounting system be implemented and it passe d
unanimously .
C.Employee Resignation .Bob Scott, Executiv e
Director/Special Events Department, has tendered hi s
resignation effective October 31, 1994 . Administrato r
Klaphake congratulated Director Scott for his effort s
during his 13-year employment with the Town .A
transition plan will be presented during the next Specia l
Events Committee meeting scheduled in September .
D.RMBP Grant Application .Administrator Klaphake reporte d
that Jim Benedict with recommendation from the RMNP i s
applying for a $10,500 grant from the State Historica l
Society for a study on the prehistoric game site locate d
on Flat Top Mountain . A condition of the grant is tha t
it be sponsored by a governmental entity ; thus, the Tow n
is being requested to join this effort . Staff confirme d
that as a sponsor, there is no fiduciary responsibilit y
whatsoever . In the spirit of cooperation, it was move d
and seconded (Gillette/Pauley) the request be granted .
E .Temporary Liquor Permit .
The Liquor and Beer Code
Board of Trustees ®August 23, 1994 ®Page 5
provides that a city clerk is allowed to issue Temporar y
Liquor Permits to those applying for a transfer o f
ownership . The Code also authorizes a fee not-to-excee d
$100 .00 . Following discussion, it was moved and seconde d
(Dekker/Doylen) the Town Clerk be authorized to issu e
Temporary Liquor Permits, collecting a local fee o f
$100 .00/permit,and it passed unanimously .
Following completion of all agenda items, Mayor Dannels adjourne d
the meeting at 8 :52 P .M .
ado
o°
o
Mayor