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HomeMy WebLinkAboutMINUTES Town Board 1981-02-24Enfuit of es ]; at-1i, Lorimer County, Colorado, February 24 1981 Minutes of o regular meeting of the Board of Trustees of the Town of Estes Pork, Lorimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Pork on the 24th day of February , A. D. 198.I.. at regular meeting hour. Meeting called to order by Mayor Harry B. Tregent Trustees: Robert E. Burgess, H. Bernerd Dannels, Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner Town Administrator -Dale G. Hill Town Clerk - Joan Van Horn Present: Mayor Also Present: Absent: Harry B. Tregent Minutes of the regular meeting held February 10, 1981 were read and approved as read. Trustee Margaret Houston, Chairperson of the Advertising and Public Relations Committee, read the minutes of a meeting held February 12, 1981 and moved the minutes be approved. Trustee Meusel seconded the motion and it passed unanimously. Trustee Robert E. Wagner, Chairman of the Water Committee, read the minutes of a meeting held February 12, 1981 and moved the minutes be approved. Trustee Dannels seconded the motion and it passed unanimously. Trustee H. Bernerd Dannels, Chairman of the Public Works Committee, read the minutes of a meeting held February 19, 1981 and moved the minutes be approved. Trustee Wagner seconded the motion and it passed unanimously. Trustee H. Bernerd Dannels introduced the following resolution and moved it be passed and adopted: RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor and Clerk are hereby authorized and directed to sign the agreement dated February 24, 1981 by and between the Town of Estes Park and Porter Industries, Inc. regarding cleaning services for the Municipal Building. Trustee Houston seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Robert E. Burgess, H. Bernerd Dannels, Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner. Those voting "No" none. The minutes of the Estes Park Planning Commission meeting held February 17, 1981 were read. Mayor Harry B. Tregent conducted a public hearing on the proposed rezoning of portions of Lot 37, White Meadow View Place and a portion of Lot 6, Manford Addition (proposed as Lots 1, 2, 3 Saint Vrain Center Subdivision) from the existing C-2 Restricted Commercial to C-1 Commercial. Bill Van Horn, representing the owners, spoke in favor of the rezoning and explained the reasons for the request. He also explained that a parcel between the proposed C-1 area and the R-2 zoned residential neighborhood would remain C-2 to serve as a "buffer" zone. Pat Schumaker, adjacent property owner, stated that she had no objection since the parcel adjacent to her property Board of Trustees February 10, 1981 - Page 2 moved it be passed and adopted on first and final reading: AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO WATER METER REQUIREMENTS. Trustee Houston seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner, H. Bernerd Dannels. Those voting "No" none. Whereupon Mayor Harry B. Tregent declared said ordinance duly passed and adopted and ordered it numbered #3-81 and published according to law. Bill Van Horn, representing owner Arthur C. Hyde, requested con- sideration of the final plat of the Amended Plat of Lots 10, 11, 12, 13, 14, 15, 16, 17 and portions of Lots 1, 6, 8, & 9, Elkhorn Estates be tabled due to a problem in obtaining the attorney's letter of certification regarding the owners' signatures. Trustee Margaret Houston moved consideration of the final plat be tabled. Trustee Wagner seconded the motion and it passed unani- mously Trustee Margaret Houston moved the liquor license renewal for DJR Corporation dba Circle Supers of Estes Park be approved. Trustee Meusel seconded the motion and it passed unanimously. Mayor Harry B. Tregent declared that Saturday, February 21, 1981 would be "Jim Johnson Day" in Estes Park. Mayor Harry B. Tregent awarded certificates of appointments to the students present that participated in Student Government Day on February 5, 1981. There being no further business, the meeting adjourned. Board of Trustees - February 24, 1981 - Page would remain C-2. Maurice Worley, owner of Lot 27, Fort Morgan Colony, commented that he misunderstood the portion of Lot 37, White Meadow View Place to be rezoned and had misinformed Helen Schaeffer. He expressed concern that additional rezoning of the area to C-1 would have an adverse effect on his property because having a C-1 zone adjacent to an R-1 zone would be too drastic a contrast in zoning. David Hazard, speaking on behalf of his wife and Richard and Ann Hodges, opposed the rezoning because it would be inconsistent with city planning and felt that re- zoning should not be the remedy for a nonconforming use. Correspondence in opposition to the rezoning was received from Mr. and Mrs. C. J. Leland, Jr. dated February 22, 1981, from Helen M.Schaeffer, Katie Supinski and Mary Helen German dated February 22, 1981, and from David C. and Kathleen Hazard and Richard L. and Ann W. Hodges dated February 17, 1981. A letter dated February 11, 1981 was submitted by the Town Engineer/Planner and Keith Schumaker contacted the Planning Commission Secretary on February 2, 1981 stating that he was in favor of the rezoning as proposed this time. Town Engineer/Planner Widmer reviewed the rezoning procedure and explained that usually a final subdi- vision plat is approved prior to the rezoning of the proposed subdivision. Bill Van Horn spoke in rebuttal and Mayor Harry B. Tregent declared the hearing closed. Trustee H. Bernerd Dannels moved a decision on the rezoning request be tabled until a final plat of the Saint Vrain Center Subdivision is approved. Trustee Graves seconded the motion and it passed unanimously. Paul Kochevar, representing Edwin and Wanda Davis, presented the Davis Subdivision which proposes dividing Lot 8, Mountain Technological Center Subdivision into two lots of .42 and .68 acres. Trustee H. Bernerd Dannels introduced the following resolution and moved it be passed and adopted: RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the petition and plat of the Davis Subdivision are hereby approved and that the Mayor and Town Clerk are authorized and directed to sign the plat. Trustee Burgess seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, Margaret Houston, Craig W. Meusel, Robert E. Wagner, Robert E. Burgess. Those voting "No" none. Town Engineer/Planner Widmer presented a summary of the Bear Lake Development Concept Plan and discussed the Planning Commission's recommendation regarding the plan. Members of the Board of Trustees agreed that the location of a staging area for a shuttle system is of great importance to the Town of Estes Park. Trustee H. Bernerd Dannels moved that the Town meet with Park officials and that Planning Commission Chairman Sager's letter dated February 13, 1981 and alternative #4 of the plan be recommended to the National Park Service. Trustee Houston seconded the motion and it passed unanimously. Trustee Robert E. Wagner moved that the Planning Commission con- tinue its membership in the American Planning Association in 1981 at a cost of $275. Trustee Graves seconded the motion and it passed unanimously. Mayor Harry B. Tregent conducted a public hearing regarding the application to renew the Retail Liquor Store License submitted by Jolly Jug Liquor Inc. dba The Jolly Jug Liquor Store. Town Attorney Gregory A. White summarized the three incidents of sales of liquor to minors accused of a former manager of the Jolly Jug Liquor Store during 1980 and the notification of these incidents to the liquor license owner. Attorney William Beardslee, repre- senting Mr. Edmund T. Morris, President of Jolly Jug Liquor Inc., questioned Mr. Morris regarding his knowledge of the incidents Board of Trustees - February 24, 1981 - page and consequent actions. Mr. Morris explained that when he became fully aware of the incidents, he terminated the employment of Russ Ketchum and has taken a more active role in the daily management of the business. On behalf of his client, Mr. Beardslee requested the license be renewed subject to a 90 day probation period where- upon the conduct of the business during this probationary period would be reviewed. Town Attorney White cited Section 12-47-128 of the Colorado Revised Statutes regarding violations of the state liquor law and Section 12-47-110 regarding the local licensing authority's authority to suspend or revoke a liquor license. Mayor Harry B. Tregent declared the hearing closed. Trustee H. Bernerd Dannels moved the retail liquor store license renewal application submitted by Jolly Jug Liquor Store be renewed and also suspended for a period of thirty (30) consecutive days starting March 26, 1981. Trustee Burgess seconded the motion and it passed unani- mously. Mayor Harry B. Tregent conducted a public hearing regarding the application for a Hotel and Restaurant liquor license submitted by Keith E. and Cynthia K. Bessey dba W. C. Copperfields located at 150 East Riverside Drive. Keith E. Bessey spoke in favor of the liquor license and submitted petitions marked "Exhibit 1" containing over 200 signatures of persons in favor of the liquor license. Raymond Keller, business owner at the same location, also spoke in favor of the liquor license. No persons appeared speaking in opposition. Correspondence serving as character references for Keith Bessey were received from Fritz Krohn and Merlin Doll, and from Nate Feld dated February 17, 1981. Town Attorney White questioned a provision in the lease agreement which called for the lessor to be the liquor license holder. Mr. Bessey explained that the lease agreement will be amended to change that provision. Mayor Harry B. Tregent declared the hearing closed. Trustee H. Bernerd Dannels moved the Board of Trustees finds that the Hotel and Restaurant liquor licenses already granted in this locality or area are inadequate for the reasonable requirements of the neighborhood, and that the desire of the inhabitants at this time are that this license be granted, and that the license is granted. Trustee Wagner seconded the motion and it passed unanimously. An application for a change of ownership of the Beer and Wine License of Vernon and Mary Lou Barrow dba Heidi's Hideaway to Celestino T. Furlan was reviewed by the Board of Trustees. Trustee H. Bernerd Dannels moved the change of ownership be approved. Trustee Houston seconded the motion and it passed unanimously. Mr. Carl Occhionero of Estes Park Cablevision introduced Mr. Wayne Unze, Executive Vice President of Mickelson Media Inc., who is interested in purchasing the Estes Park Cablevision system and also requested permission for the permit to be transferred. Mr. Unze discussed his company which owns thirteen cablevision systems and described the type of service that would be available to Estes Park. He requested that if transferring the cablevision permit were approved, that it also be extended for ten years. Mr. Occhionero requested that a new board or committee be established to deal solely with cablevision. Mayor Harry B. Tregent stated that an additional board would be appointed if needed and referred the permit transfer request to the Light and Power Committee. Mr. Brook Allen, working with the Human Development Department, informed the Board of Trustees that he will be spending a year studying energy conservation in the area and looked forward to working with local officials. There being no further business, the meeting adjourned. Town Clerk