HomeMy WebLinkAboutMINUTES Town Board 1982-02-23ZItoIun tif sii tarimer County,Corodo .98
Minutes of a ....ç.qul.ar meeting of the Board of Trustees of the Town of Estes
Pork,lorimet County,Colorado.Meeting held in the Town Hall in said Town of Estes Park
on the ..?.3.d day of ,A.D.19.2..ot regular meeting
hour.
Harry B.TregentMeetingcalledtoorderbyMayor
Present:Mayor Harry B.Tregent Trustees:Robert E.Burgess,H.Bernerd
flannels,Byron I.Graves,
Margaret Houston,Craig W.
Meusel,Robert E.Wagner
Also Present:Town Administrator
-
Dale G.Hill
Town Clerk —Joan Van Horn
Absent:
Minutes of the regular meeting held February 9,1982 were submittedandapproved.
Mayor Harry B.Tregent conducted a public hearing regarding theremovalofthetrafficsignalattheintersectionofMacGregor
Avenue and Elkhorn Avenue.Steve Patrick appeared stating thatmorecorrectiveactionofthedowntowntrafficproblemisneededthanjustremovingtheonetrafficsignal.John Ramey recommendedtheEastRiverside/Virginia Drive traffic signal be removed.ClemYoungspokeinfavorofremovingtheMacGregorAvenue/Elkhorn
Avenue signal.Al Sager requested that comments be made by thePublicWorksCommittee,State Highway Department,Chief of PoliceandTownEngineerwhohaveallstudiedthesituation.Public
Works Committee Chairman H.Bernerd flannels reviewed the Committee’s
discussion of the traffic signal and Police Chief Ault expressed
concern regarding pedestrian safety.Town Engineer Widmer suggestedthatifthetrafficsignalremains,that it be improved to workinconjunctionwiththeothertrafficsignasonElkhornAvenue.Al Chotvacs and Joe Aschenbrenner of the State Highway Departmentexplainedthatstudieshavebeenconductedandshownthatthetrafficlightisstillneeded.However,it could be removed ifdesired.They suggested possibly switching it to a flashing lightonatrialbasis,then installing a stop sign on MacGregor Avenueandremovingthesignal.Lon Campbell and Jim Rogers commentedthatonlyarightturnshouldbeallowedfromMacGregorAvenueontoElkhornAvenueifthelightisremoved.Correspondence
favoring the removal of the traffic signal was received fromSpencerWyattdatedFebruary23,1982,Fanny Chabas dated
February 22,1982 and Dorothy and James Durrett dated February20,1982.A letter dated February 23,1982 was received WilliamMcCreeryrecommendingthetrafficsignalremainandbeaflashinglight.Mayor Harry B.Tregent declared the hearing closed.Trustee H.Bernerd flannels moved the Board of Trustees recommendtotheColoradoDepartmentofHighwaysthatthetrafficsignalattheintersectionofMacGregorAvenueandElkhornAvenueberemovedandthatonlyrightturnsbeallowedfromMacGregorAvenueontoElkhornAvenue.Trustee Wagner seconded the motion and itpassedunanimously.
The Board of Trustees of the Town of Estes Park ex-officio theBoardofDirectorsoftheEstesParkGeneralImprovementSewer
District No.1 conducted a public hearing regarding dissolvingthedistrict.Dale G.Hill spoke in favor of the dissolutionstatingthatthepurposeinformingthedistricthadbeenmet.Attorney Gregory A.White stated that all provisions of theoriginalcontracthadalsobeenmet.No persons appeared
speaking in opposition and no correspondence was received.Chairman Harry B.Tregent declared the hearing closed.
Director H.Bernerd flannels introduced and the Town AdministratorreadinfullthefollowingordinanceandDirectorflannelsmoveditbepassedandadoptedonfirstandfinalreading:
Board of Trustees -February 23,1982 -Page 2
AN ORDINANCE DISSOLVING THE ESTES PARK
GENERAL IMPROVEMENT SEWER DISTRICT NO.1
Director Graves seconded the motion and it passed by the followingvotes:Those voting “Yes”Directors Robert E.Burgess,H.Bernerd
Dannels,Byron L.Graves,Margaret Houston,Craig W.Meusel,Robert
E.Wagner.Those voting “No”none.Whereupon Chairman Harry
3.Tregent declared said ordinance duly passed and adopted and
ordered it numbered #5-82 and published according to law.
Director Robert E.Wagner introduced the following resolution
and moved it be passed and adopted:
RESOLUTION
WHEREAS,the Estes Park General Improvement Sewer DistrictNo.1 has been dissolved by ordinance;and
WHEREAS,the agreement between the Town and the Estes ParkSanitationDistrictprovidesforthetransferofthemainsewer
line extension,any other collector sewer lines,and all otherfacilitiesandeasementsoftheDistricttotheEstesParkSanitationDistrict;and
WHEREAS,the Town has determined that said property shouldbetransferredtotheEstesParkSanitationDistrict.
NOW,THEREFORE,BE IT RESOLVED by the Board of Trustees oftheTownofEstesPark,that:
1.Upon filing of the certified copy of the ordinance dissolvingtheEstesParkGeneralImprovementSewerDistrictNo.1 with the Clerk and Recorder of Larimer County,Colorado,thattheTowntransferallofitsright,title and interest into themainsewerextensionline,all other collector sewer lines,alleasements,and any other facility owned by the Estes Park GeneralImprovementSewerDistrictNo.1 to the Estes Park Sanitation
District.
2.The appropriate officials of the Town of Estes Park areherebyauthorizedtoexecuteanydocumentsnecessarytoaccomplishsaidtransfer.
Trustee Houston seconded the motion and it passed by the followingvotes:Those voting “Yes”Trustees H.Bernerd Dannels,ByronL.Graves,Margaret Houston,Craig W.Meusel,Robert E.Wagner,Robert E.Burgess.Those voting “No”none.
Mayor Harry 3.Tregent conducted a public hearing regarding theapplicationforahealthcenter(massage parlor)submitted byPatriciaDeFriesandAdelParkerdbaEstesParkHolisticHealthCenterat405WestElkhornAvenue.Patricia De Fries appearedspeakinginfavoroftheapplicationandexplainedthepurposeandproposedoperationofthehealthcenter.Howard A.WhyteappearedspeakinginoppositiontothehealthcenterandPatriciaDeFriesspokeinrebuttal.Correspondence in favor of the healthcenterwasreceivedfromthefollowing:
Sherrill Shadbolt 2/18/82
Sandy Watson dba Sew ‘N Sew Fabric Shop -2/18/82
Gene Hanson &Nan Smith 2/12/82
Joan Cook dba Thoughts ‘N Things 2/15/82
Mark and Connie Sheagley 2/15/82
Margaret Hope dba Bob Hope’s TV 2/15/82
Audrey Knutson dba Audrey’s Nutrition ..No date
Louise Korman dba Rocky Mountain Realty .2/16/82
Sandy &Jim Anderson 2/16/82
Frank Harris of Lov±ngton,New Mexico ..2/18/82
Correspondence in opposition was received from Rodney Manis datedFebruary22,1982.Ms.De Fries submitted character referencelettersfromDr.R.H.Renn dated October 20,1981 (2 letters),Dr.M.M.Davis and from Tage Pedersen,Director of Aspen InstitutedatedOctober27,1981.Mayor Harry B.Tregent declared the hearingclosed.Trustee Robert E.Wagner moved that the Board of Trusteesfindsthatthehealthcenter(massage parlor)licenses alreadygrantedinthislocalityorareaareinadequateforthereasonablerequirementsoftheneighborhood,and that the desires of theinhabitantsatthistimearethatthislicenseapplicationbegrantedandthatthelicenseisgranted.Trustee Houston secondedthemotionanditpassedunanimously.
Board of Trustees -February 23,1982 —Page 3
Mayor Harry B.Tregent also conducted a public hearing regarding
the application for a 3.2%retail beer license (consumption off
premises only)submitted by Philip I.and Christine E.Switzer
dba East Side Food Store at 381 South Saint Vram Avenue.Chris
Switzer appeared speaking in favor of the application and submitted
a map showing the 3.2%retail beer outlets in the Estes Park area
marked Exhibit 1 and a petition containing 85 signatures in favor
of the license which was marked Exhibit 2.Lonnie Campbell and
Howard A.Whyte spoke in opposition to the license.Christine
Switzer spoke again in rebuttal.No correspondence was received.
Mayor Harry B.Tregent declared the hearing closed.Trustee H.
Bernerd Dannels moved that the Board of Trustees finds that the
3.2%retail beer licenses already granted in this locality or
area are inadequate for the reasonable requirements of the
neighborhood,and that the desires of the inhabitants at this
time are that this license application be granted and that the
license is granted.Trustee Wagner 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 18,1982 and moved
the minutes be approved.Trustee Houston seconded the motion
and it passed unanimously.
Minutes of the Estes Park Planning Commission meeting held February
16,1982 were read.
The Board of Trustees considered Special Review Request #32 sub
mitted by Patricia De Fries and Adel Parker to operate a holistic
health center (massage parlor)at 405 West Elkhorn Avenue.Trustee
H.Bernerd Dannels moved that Special Review Request #32 be approved
subject to the Attorney’s letter of certification being submitted.
Trustee Burgess seconded the motion and it passed unanimously.
Special Review Request #34 submitted by Nicky Kane was also con
sidered.David Habecker and Paul Kochevar described the project
which proposes eight condominium units on ‘Parcel A”of Tract
59,Fall River Addition.All of the conditions recommended by
the Planning Commission were met and the completion date was set
at March 1,1985.Trustee Robert E.Wagner moved that Special
Review Request #34 be approved subject to the Attorney’s letter
of certification being submitted.Trustee Graves 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:
The Board of Trustees of the Town of Estes Park,Colorado,
in accordance with Section 31-12-107 (1)(g),C.R.S.1973,as
amended,hereby states its intention to annex the area described
herein.The Board of Trustees finds and determines that the
petition is in substantial compliance with Section 31-12-107 (1)
(g),C.R.S.1973,as amended.The Board of Trustees further finds
and determines that the petition is signed by the landowners of
more than fifty percent (50%)of the area to be annexed,excluding
public streets and alleys.Such area,as annexed,will be known
as “Fall River Estates First Addition”to the Town of Estes Park,
Colorado.Such area is described as follows:
FALL RIVER ESTATES FIRST ADDITION to the Town of Estes Park.Colorado.a portion of the East
1/2 of the Northwest 1/4 of Section 22.T5N.R73W of the 6th P.M.,being more particularly
described as follows:
Commencing at the Center 1/4 corner of said Section 22 as monunented by a brass capped pipe.
with all bearings relative to the East line of the Northwest 1/4 of said Section 22 considered
as bearing NOf’05’OO’E:
Board of Trustees —February 23,1982 -Page 4
thence N01’OS’OOE a distance of 1080.35 feet along the East line of the Northwest 1/4 of
said Section 22 to a point on the Northerly right—of—way line of U.S.Highway No.34;
thence the following five courses and distances along said Northerly right—of—way line of
U.S.Highway No.34:
thence N29’48’53’W a distance of 4.50 feet to a Colorado Dept.of Highways brass cap
in concrete;
thence N29’45’01’W a distance of 246.09 feet to a Colorado Dept.of Highways brass cap
in concrete;
thence N29’49’13W a distance of 298.92 feet to a Colorado Dept.of Highways brass cap
in concrete;
thence Ni5’SSSOW a distance of 245.46 feet to a Colorado Dept.of Highways brass cap
in concrete:
thence N02’50’19W a distance of 556.16 feet to a Colorado Dept.of Highways brass cap
in rock;
thence leaving said Northerly right—of—way line S17’05’32’W a distance of 290.93 feet
to a Colorado Dept.of Highways brass cap in concrete on the Southerly right—of—way
line of U.S.Highway No.34;
thence the following three courses and distances along said Southerly right—of—way line of
U.S.Highway No.34:
thence S02’40’18’E a distance of 281.81 feet;
thence 295.14 feet along the arc of a non—tangent curve to the left,said curve has a
delta angle of 27’0836”,a radius of 623.00 feet and is subtended by a chord which
bears S15’55’50E a distance of 292.39 feet;
thence 529’47’36’E a distance of 659.24 feet;
thence leaving said Southerly right—of—way line a distance of 113.52 feet along the arc
of a non—tangent curve concave to the Southeast,said curve has a delta angle of
24’05’24’,a radius of 270.00 feet and is subtended by a chord which bears S4802’42W
a distance of 112.69 feet;
thence S36’00’00W a distance of 110.57 feet;
thence 110.66 feet along the arc of a curve to the left,said curve has a delta angle of
70’OO’OO’,a radius of 90.58 feet and is subtended by a chord which bears S01’00’00W
a distance of 103.91 feet;
thence 206.68 feet along the arc of a curve to the right,said curve has a delta angle of
31’00’D0,a radius of 382.00 feet and is subtended by a chord which bears 518’30’00’E
a distance of 204.17 feet;
thence S0300’00E a distance of 45.00 feet;
thence 179.59 feet along the arc of a curve to the right,said curve has a delta angle of
21’OO’OO’,a radius of 490.00 feet and is subtended by a chord which bears S07’30’00’l’(Dadistanceof178.59 feet;
thence 165.81 feet along the arc of a curve to the right,said curve has a delta angle of
10000’00’,a radius of 95.00 feet and is subtended by a chord which bears S68’OO’OO’W
a distance of 145.56 feet;
thence S28’00’00W a distance of 105.68 feet;
thence S01’00’00W a distance of 98.62 feet to a point on the South line of the East 1/2
of the Northwest 1/4 of said Section 22;
thence S8904’00E a distance of 305.15 feet along the South line of the East 1/2 of the
Northwest 1/4 of said Section 22 to the Center 1/4 corner of said Section 22 and the
TRUE POINT OF BEGINNING.
The above described tract of land contains 6.547 acres.
IT IS FURTHER RESOLVED,That in accordance with Section 31-12-108 C.R.S.1973,as amended,a public hearing shall be heldonApril13,1982 at 7:30 p.m.,in the Municipal Building,locatedat170MacGregorAvenue,Estes Park,Colorado,for the purposeofdeterminingiftheproposedannexationmeetswiththerelevantprovisionsofSections31—12—104 and 31—12—105,C.R.S.1973,asamended.
IT IS FURTHER RESOLVED,That the Town Clerk shall give thenoticeofthehearingasprovidedinSection31-12-108 (2),C.R.S.1973,as amended.
Trustee Burgess seconded the motion and it passed by the following Hvotes:Those voting “Yes”Trustees Byron L.Graves,MargaretHouston,Craig W.Meusel,Robert E.Wagner,Robert E.Burgess,H.Bernord Dannels.Those voting “No”none.
Trustee Margaret Houston moved that the liquor license renewalforDJRCorporationdbaCircleSupersofEstesParkbeapproved.Trustee Wagner seconded the motion and it passed unanimously.
Trustee Robert E.Burgess moved the liquor license renewal forJollyJuaLiquorInc.be aoproved.Trustee Dannels seconded themotionanditpassedunanimously.
J3oard ot Trustees -February 23,1982 —Page 5
Trustee Robert E.Wagner introduced the following resolution and
moved it be passed and adopted:
RE SOLUTION
WHEREAS,by the Statutes of the State of Colorado,the 6th
day of April,1982 is fixed as the time for the election of three
trustees of the Town of Estes Park;
AND WHEREAS,it is the duty of the Board of Trustees to
provide for holding such election.
NOW,THEREFORE,BE IT RESOLVED that an election for the
purpose of electing three trustees shall be held on Tuesday,
April 6,1982;
BE IT FURTHER RESOLVED,that the polling place shall be in
the Board Room of the Municipal Building,170 MacGregor Avenue,
Town of Estes Park,Colorado,that the poils shall be open from
7:00 A.M.to 7:00 P.M.on said election day.
BE IT FURTHER RESOLVED,that voting machines shall be used
in the municipal election and that the Town Clerk be and she is
hereby authorized and directed to perform all acts and functions
necessary for the use of such voting machines as required by the
laws of the State of Colorado pertaining thereto.
BE IT FURTHER RESOLVED that the judges of election appointed
by the Town Clerk shall receive for their services the sum of
fifty dollars ($50.00).
BE IT FURTHER RESOLVED that the Town Clerk be authorized
to give notice of the election by publication as provided by law.
BE IT FURTHER RESOLVED,that the Town Clerk shall at the
expense of the Town arrange for such materials and supplies for
such election as may be necessary.
Trustee Houston seconded the motion and it passed by the following
votes:Those voting “Yes”Trustees Margaret Houston,Craig W.
Meusel,Robert E.Wagner,Robert E.Burgess,H.Bernerd Dannels,
Byron L.Graves.Those voting “No”none.
Trustee Robert E.Burgess introduced the following resolution
and moved it be passed and adopted:
RESOLUTION
WHEREAS,by the Statutes of the State of Colorado,the 6th
day of April,1982 is fixed as the time for the election of three
trustees of the Town of Estes Park;
AND WHEREAS,Senate Bill 251 amended Section 31-10-401 C.R.S.
1973,as amended,which allows the Board of Trustees to delegate
to the Clerk by Resolution the authority and responsibility to
appoint the judges of election.
NOW,THEREFORE,BE IT RESOLVED by the Board of Trustees of
the Town of Estes Park,Colorado,that the Clerk of the Town of
Estes Park be authorized and directed to appoint the judges of
election in accordance with the State Statutes for the municipal
election scheduled for April 6,1982.
Trustee Wagner seconded the motion and it passed by the following
votes:Those voting “Yes”Trustees Margaret Houston,Craig W.
Meusel,Robert E.Wagner,Robert E.Burgess,H.Bernerd Dannels,
Byron L.Graves.Those voting “No”none.
A request was received from the Art Committee of the Fine Arts
Guild of the Rockies to use a portion of MacGregor Avenue for
the Artrek van of the Denver Art Museum August 26th through 30th,
1982.Trustee Robert E.Wagner moved the request be approved.
Trustee Dannels seconded the motion and it passed unanimously.
There being no further business,the meeting adjourned.
Mayor
/
AL-1t<I
/7 Town Clerk