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HomeMy WebLinkAboutMINUTES Town Board 1983-09-13(` often of strs arh, Larimer County, Colorado, September 13 1983 Minutes of a ... regl.],ar 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 Park on the 13th day of September , A. D. 19.83. at regular meeting hour. Meeting called to order by Mayor ...Haxry..B...Tregent Present: Mayor Harry B. TregentTrustees: H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, Richard A. Wood Also Present: Absent: Town Administrator Dale G. Hill Minutes of the regular meeting held August 23, 1983, were submitted and approved. Trustee Richard A. Wood moved the bills as presented be allowed and paid and the Clerk be authorized to draw warrants for the same. (A certified copy of the bills presented and allowed are on file in the office of the Town Clerk under this date, and made a part of the record of these proceedings by reference thereto.) Trustee Margaret Houston seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, Richard A. Wood. Those voting "No" none. Trustee Byron L. Graves, Chairman of the Public Safety Committee, read the minutes of a meeting held August 25, 1983, and moved the minutes be approved. Trustee Richard A. Wood seconded the motion. A lengthy discussion followed on the parking on East Elkhorn Avenue. The following people requested that the parking be replaced on East Elkhorn Avenue at the earliest possible time: Diane Seybold, Cheri Hauser and Steve Nagl. A discussion regarding the "nuisance animal" problem was introduced by Mr. Don Engelhardt, who disagreed that skunks, gophers and cats should be the responsibility of individual citizens rather than the Police Department. Those persons speaking on the same issue were: John Carmack, and Jean Carpool. A letter was read from William F. Groves, who also felt "nuisance animals" should be the responsibility of the Police Department. Mayor Tregent called for a vote on the minutes. Those voting for approval of the minutes were: Byron L. Graves, Richard A. Wood. Those voting "No" Trustees H. Bernerd Dannels, George J. Hix, Margaret Houston and Robert E. Wagner. The motion failed. Trustee Byron L. Graves moved that the parking on East Elkhorn Avenue be removed from the August 25th Public Safety Committee minutes and that the minutes be approved as amended. Trustee Robert Wagner seconded the motion and it passed unanimously. Trustee Margaret Houston, Chairperson of the Light and Power Committee, read the minutes of a meeting held September 1, 1983, and moved the minutes be approved. Trustee Richard A. Wood seconded the motion. A discussion followed on the "Light and Power Rules and Regulations". Trustee Margaret Houston, with agreement from Trustee Richard Wood, amended her motion to read "the minutes be approved with the wording under Light and Power Rules and Regulations be changed as follows: . . . we cannot collect the old bill from the renter, . . ." Those voting for approval of the minutes as amended were: Trustee H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner and Richard A. Wood. Those voting "No" none. Public Works Director Widmer asked the Board of Trustees when they would like parking replaced on East Elkhorn. Trustee Byron L. Graves moved the parking be replaced on Friday, September 16, 1983. Trustee Robert E. Wagner seconded the motion and it passed unanimously. Board of Trustees - September 13, 1983 - Page 2 Mayor Harry B. Tregent conducted a public hearing regarding the application for a Tavern Liquor License submitted by Margaret Kay Adams d/b/a the 300 Club located at 555 S. St. Vrain, Estes Park. Those speaking in favor of the license: Margaret Kay Adams, who submitted a petition with over 700 signatures of people in favor of the license, John Ownby, owner of the property, Betty Brough, Paul Van Horn, Elmer Graham, Ron Eastwood, Ira Brawer, Edith Truel, Thelma Biser, Dorothy Hickson, Joyce Terhurne, Keith Shumaker, Pat Shumaker, Laurie Wenzel. Those speaking in opposition to the liquor license: Rod Hallberg, Attorney representing Mr. and Mrs. C. J. Leland, Mr. and Mrs. John Shapps, Mr. and Mrs. Virgil Duncan, Mr. and Mrs. Philip Wurst. Attorney Hallberg also entered into the record petitions in opposition to the liquor license, and the fact that there are approximate 48 liquor licenses already in the Town. Others speaking in oppositon: Dr. Herbert Grether, C. J. Leland, who entered photos of the area into the record; petitions with 262 names of people in opposition, and a map showing the liquor licenses within five blocks of the proposed new license; Ken Killion, Virgil Duncan, John Shapps, and June Leland. The following correspondence in favor of the license was received from: John Ownby 9/06/83 with attached letter from Brunswick . 8/19/83 Timothy P. Mack 9/12/83 Mrs. Margaret Kay Adams and Mr. John Ownby then offered rebuttal evidence. The opponents stated that their case was complete and offered no further rebuttal. Mayor Tregent declared the hearing closed. Attorney Gregory A. White then advised the Board of the findings they needed to make in order to grant the liquor license. Trustee H. Bernerd Dannels moved that the Board of Trustees finds that the Tavern 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 Robert E. Wagner seconded the motion and it passed unanimously. Mayor Harry B. Tregent conducted a public hearing regarding the application for a Tavern Liquor License submitted by R.M.J. Enterprises, Inc. d/b/a Rocky Mountain Jim's Centennial Saloon at 145 East Elkhorn Avenue, Estes Park. Those speaking in favor of the license: David Solder, applicant, who showed a graphic presentation of the floor plans for the building, and asked that the Urban Renewal Plan be included in the record to prove the reasonable requirements of the neighborhood, he also submitted a petition in support with 82 signatures. Those speaking in opposition to the liquor license: Jim Goode. No correspondence was received. Mr. Solder offered no rebuttal evidence. The opposition offered no rebuttal evidence. Mayor Tregent declared the hearing closed. Trustee H. Bernerd Dannels moved that the Board of Trustees finds that the Tavern 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 Richard A. Wood seconded the motion and it passed unanimously. Police Chief Robert Ault reported to the Board of Trustees that the work on the modification of premises for The Pub at 246 Moraine Avenue had been completed. Trustee George J. Hix moved for approval of the modification of premises. Trustee Margaret Houston seconded the motion and it passed unanimously. The liquor license renewal for the Southland Corporation d/b/a 7-11 Store, 393 East Elkhorn Avenue was presented to the Board of Trustees for approval. Trustee George Hix expressed concern about the litter surrounding this area. Trustee Robert E. Wagner moved that a letter be written to the owners of the business stating that their premises needed to be kept clean and moved for the approval of the liquor license renewal. Trustee Richard A. Wood seconded the motion and it passed unanimously. Board of Trustees - September 13, 1983 - Page 3 Mr. Todd Plummer appeared to present the proposed annexation of Henningsen Addition to the Town of Estes Park. Mr. Plummer stated that the property to be annexed would be two parcels of approximately nine acres located north of the Homestead Subdivision and west of Fall River Road. Trustee H. Bernerd Dannels introduced the following resolution and moved it be passed and adopted: RESOLUTION 34-83 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 filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12-107 (1), C.R.S. 1973, as amended. The Board of Trustees further finds and determines that the Petition is signed by owners of 100% of the area proposed to be annexed, exclusive of streets and alleys. The Board of Trustees further finds that additional terms and conditions will not be imposed on said annexation. Such area, if annexed, will be known as "HENNINGSEN ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: A portion of the SE 1/4 of Section 22, Township 5 North, Range 73 West of the 6th P.M. being more particularly described as follows: Beginning at a point S78°03'E 509.05' from the center 1/4 corner of Section 22, Township 5 North, Range 73 West; thence S78°03'E 816.19' to a point on the East line of the Northwest 1/4 of the Southeast 1/4; thence SOO°52'W 277.24' to the westerly line of the right-of-way; thence S16°43'39"W 44.71'; thence N79°33'30"W 289.79'; thence S33°23'30"W 191.74'; thence S17°30'30"W 83.09'; thence S85°58'30"W 72.95'; thence N70°14'30"W 276.66'; thence N35°30'30"W 47.42'; thence N21°33'30"W 159.30'; thence N39°45'W 39.83'; thence N11°57'E 378.31' to the Point of Beginning. IT IS FURTHER RESOLVED, That this annexation plat is referred to the Planning Commission of the Town of Estes Park for the review of said annexation plat and, also, to make said property subject to zoning of the Municipal Code of the Town of Estes Park, pursuant to the provisions of Section 31-12-115, C.R.S. 1973, as amended. Trustee Margaret Houston seconded the motion and it passed unanimously. Board of Trustees - September 13, 1983 - Page 4 Mr. Todd Plummer presented the final plat of Fir Subdivision, boundary adjustment, Lots 1 and 2, Block 6, Country Club Manor Addition and stated that all the conditions placed on the plat by the Planning Commission had been met. Trustee Richard A. Wood moved for approval of the Fir Subdivision boundary adjustment. Trustee Robert E. Wagner seconded the motion and it passed unanimously. Town Administrator Dale Hill reported that in order for the Town to keep their options open regarding the issuance of Mortgage Subsidy Bonds during 1983, they should enact a resolution stating the same. Trustee Robert Wagner introduced the following resolution and moved it be passed and adopted: RESOLUTI ON 35-83 A RESOLUTION EXPRESSING THE INTENTION OF THE TOWN OF ESTES PARK, COLORADO, TO ISSUE MORTGAGE SUBSIDY BONDS DURING THE PERIOD BEGINNING OCTOBER 1, 1983, AND ENDING DECEMBER 31, 1983. WHEREAS, THE TOWN OF ESTES PARK, COLORADO, (the "Town") is a political subdivision of the State of Colorado authorized by the provisions of the County and Municipality Development Revenue Bond Act, Section 29-3-101 et seq., C.R.S. (the "Act"), to issue bonds for the purpose of defraying the cost of financing, refin- ancing, acquiring, improving and equipping any project consisting of residential facilities for low- and middle -income persons or families and to enter into financing agreements, as defined in the Act, with respect to such projects upon such terms and conditions as the Board of Trustees of the Town may deem advisable; and WHEREAS, the Board of Trustees of the Town is desirous of indicating by official action its intent to issue mortgage subsidy bonds described under the provisions of Section 29-4-801 et seq., C.R.S., during the period commencing October 1, 1983, and ending December 31, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES, OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. The Town hereby expresses its intent to cause to be issued mortgage subsidy bonds, as described in Section 29- 4-801 et seq., C.R.S., during the period commencing October 1, 1983, and ending December 31, 1983. This Resolution shall con- stitute official action indicating an intent to issue such mort- gage subsidy bonds on or prior to December 31, 1983, and this Resolution shall be filed with the State Director of Housing of the Division of Housing in the Department of Local Affairs by September 15, 1983. Section 2. This Resolution shall be effective immediately upon its adoption. Trustee Margaret Houston seconded the motion and it passed unanimously. Town Attorney Greg White reviewed the Hall Property purchase with the Board of Trustees and explained the legal problems that exist and recommended the property purchase agreement be entered into by the Town of Estes Park. Trustee Robert Wagner introduced the following resolution and moved it be passed and adopted: RESOLUTION 36-83 Board of Trustees - September 13, 1983 - Page 5 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 purchase agreement between the Town of Estes Park and the Hall Estate. Trustee George J. Hix seconded the motion and it passed unanimously. Public Works Director Widmer reported that the Town had received one bid from Canfield Roofing of Englewood to repair the Police Department roof at a lump sum price of $8,335.00. Director Widmer stated that the bid was in line with the estimate prepared by the roofing consultant and was within the budgeted amount. Director Widmer requested permission to give a Notice of Award to Canfield to prepare the roof. Trustee H. Bernerd Dannels introduced the following resolution and moved it be passed and adopted: RESOLUTION 37-83 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 contract with Canfield Roofing of Englewood at a price of $8,335.00 to repair the Police Department Roof. Trustee Byron L. Graves seconded the motion and it passed unanimously. Public Works Director Widmer presented the Crags Drive Bridge Contracts to the Board of Trustees and stated that they had been reviewed by the Town Attorney. The replacement of the Crags Drive Bridge is a joint venture with the State - 80% to be paid by the State and 20% by the Town. Trustee Margaret Houston introduced the following resolution and moved it be passed and adopted: RESOLUTION 38-83 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 contract with Rocky Mountain Consultants for the replacement of the Crags Drive Bridge. Trustee Richard A. Wood seconded the motion and it passed unanimously. Budget Officer, Dale Hill, submitted the 1984 budget for the Town of Estes Park as required by law. County Seat for a Day will be held on Wednesday, September 21, 1983, in the Board Room of the Municipal Building at 7:30 p.m. There being no further business, the meeting adjourned.