HomeMy WebLinkAboutMINUTES Town Board 1983-03-22Eoioxt of 1I33 Z
3nrhh,, Lorimer County, Colorado,
March 22
1983
Minutes of a .....reg.tilax 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 ... .22sid... day of March , A. D. 19.83. at regular meeting
hour.
Meeting called to order by Mayor Harry B. Tregent
Present: Mayor
Also Present:
Absent:
Harry B. TregentTrustees: H. Bernerd Dannels, Byron
L. Graves, George J. Hix,
Margaret Houston, Robert
E. Wagner, Richard A. Wood
Town Administrator
Dale G. Hill
Minutes of the regular meeting held March 8, 1983, were submitted
and approved.
Trustee Robert E. Wagner, Chairman of the Stanley Park Committee,
read the minutes of a meeting held March 16, 1983, and moved the
minutes be approved. Trustee H. Bernerd 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 March 17, 1983, and moved the
minutes be approved. Trustee Robert Wagner seconded the motion and
it passed unanimously.
The minutes of the Board of Adjustment meeting held March 10, 1983,
were read.
The minutes of the Estes Park Planning Commission meeting held March
15, 1983, were read.
Mayor Harry B. Tregent introduced Special Review Request No. 40,
submitted by Kim and Ray Sessions, regarding permission to construct
a hydrotube waterslide in a C-1 Commercial Zone at Beaver Point First
Addition, Tract 11. Mayor Tregent stated that he would allow the
individuals present to state their case and each side would have an
opportunity for rebuttal on any new evidence presented on this special
review request. Mr. Kim Sessions, applicant for Special Review Request
No. 40, stated that the following changes had been made on the Site
Plan as requested by the Planning Commission: the signs are shown
on the plan, the indirect lighting is shown on the plan, and the
asphalted parking area is shown on the plan. Mr. Sessions stated
that the deck on the plan had been elongated to allow those people
standing on the deck to watch people coming down the hydrotube into
the splash pool. The sewer line will be moved. Bumper blocks will
be installed on the lower level parking area. In regard to the
Planning Commission's recommendation regarding an entirely enclosed
area, Mr. Sessions requested the use of sliding doors on the roof
to provide adequate ventilation, and also requested the color be
changed from earthtone "beige" to either blue or blue/green to
prevent ultraviolet "yellowing" of the tube. Those people speaking
in favor of the hydrotube were: Bill Van Horn, Ed Peterson, Dale
VerStraeten, Beverly Slager, Doug Tyler, Doug Zerillo, Jay Stone,
Jim Barleen, and Connie Backstrum. Mr. Gene Oliver, representing
those opposed to the special review, stated that he felt the Town
Board should have more information on this slide. He strongly
recommended a diorama of the slide, as well as a traffic study of
the area. Mr. Oliver stated that he felt a surety bond should also
be provided in case of bankruptcy, and stress testing be done on the
tube. Other persons speaking in opposition were: Curt Thompson,
Amos Johnson, Bob Mitchell Cindy Oliver, Cooper Wood and Lee Hartwell.
The letters received were presented to the Board of Trustees. Mayor
Tregent gave each side an opportunity for rebuttal and then opened
Board of Trustees - March 22, 1983 - Page 2
a question and answer period for the Board of Trustees. A lengthy
discussion followed. Town Administrator Dale Hill stated that he
had talked to the Town Attorney regarding the hours of operation for
the slide, and the Town Attorney recommended the Trustees not try
to set hours. Trustee H. Bernerd Dannels moved Special Review Request
No. 40 be approved, subject to the following conditions: (1) paving
of the upper parking area be completed by the opening of the slide
and paving of the entire parking area be completed within one year;
and (2) the pool and walkway be totally enclosed, but a sliding door
be allowed for ventilation. Trustee Richard A. Wood 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 and Richard A. Wood. Those voting "No"
none.
Mr. Bill Van Horn, representing the owners of Site Development Plan
No. 2, Eagles Landing, 1010 South Saint Vrain, stated that the final
plat of this proposed 48-unit condominium complex had been amended
to accommodate the Planning Commission recommendations. Mr. Van Horn
stated that all conditions have been met and they have gone over the
amended plat with the Town Engineer. Town Engineer Widmer stated
that the noise abatement measures could not be met until the buildings
were under construction, but that the owners have agreed to do them.
Also the lot line still needs to be removed from the plat (No. 7 Planning
Commission recommendations). Trustee Richard A. Wood moved for approval
of Site Development Plan No. 2 with the stipulation that the property
be replatted to remove the lot line as recommended by the Planning
Commission. Trustee H. Bernerd Dannels 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 and Richard A. Wood. Those voting "No" none.
Trustee Robert E. Wagner 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 sub-
stantial 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 "Crags Addition" to the Town
of Estes Park, Colorado. Such area is described as follows:
A portion of the South 1/2 of Section 25, Township 5 North, Range 73 West
of the 6th P.M., Larimer County, Colorado, being more particularly de-
scribed as follows, to wit:
Commencing at the Center 1/4 corner of said Section 25 and considering thr
East line of the Southwest 1/4 of said Section 25 as bearing S00°39'00"E;
thence S20°39'00"W a distance of 510.64 feet to a point on the centerline
of Riverside Drive; thence due South a distance of 31.88 feet to a point
on the Southerly right-of-way line of Riverside Drive and the TRUE POINT
OF BEGINNING:
thence N70°15'00"E a distance of 3.50 feet along said right-of-way
line;
thence due South a distance of 119.73 feet to a point from which
said Center 1/4 corner bears N15°43'00"E a distance of
652.65 feet;
thence due East a distance of 437.00 feet to a point from which
said Center 1/4 corner bears N22°30'00"W a distance of
680.00 feet;
Board of Trustees - March 22, 1983 - Page 3
hence S11°10'00"E a distance of 471.40 feet;
thence due South a distance of 1561.06 feet to a point on the South
line of the SE1/4 of said Section 25;
thence 589°41'29"W a distance of 321.40 feet along the South line
of the SE1/4 of said Section 25 to the South 1/4 corner of
said Section 25;
thence N00°39'00"W a distance of 653.34 feet along the West line
of the SE1/4 of said Section 25;
thence S89°56'29"W a distance of 100.00 feet;
thence N00°39'00"W a distance of 673.50 feet to a point on the South
line of the NE1/4 of the SW1/4 of said Section 25;
thence S89°56'29"W a distance of 662.56 feet along the South line
of the NE1/4 of the SW1/4 of said Section 25;
thence N33°56'37"W a distance of 390.85 feet to a point on the
Southerly right-of-way line of Riverside Drive;
thence N53°47'00"E a distance of 60.05 feet along said right-of-way
line to the most Westerly corner of the Earlee Addition to the
Town of Estes Park;
thence the following eight courses and distances along the boundary of
the Earlee Addition to the Town of Estes Park:
thence S33°56'37"E a distance of 103.39 feet;
thence S60°47'37"E a distance of 63.13 feet;
thence N73°37'38"E a distance of 358.90 feet;
thence S85°00'28"E a distance of 207.13 feet;
thence N45°40'54"E a distance of 120.22 feet;
thence N26°50'00"W a distance of 215.00 feet;
thence N67°05'00"E a distance of 92.00 feet;
thence due North a distance of 179.89 feet to the TRUE POINT OF
BEGINNING;
containing 24.634 acres.
IT IS FURTHER RESOLVED, That in accordance with Section 31-12-
108 C.R.S. 1973, as amended, public hearings shall be held by the
Planning Commission on April 19, 1983 at 1:30 p.m., in the Municipal
Building, located at 170 MacGregor Avenue, Estes Park, Colorado, and
by the Board of Trustees on April 26, 1983 at 7:30 p.m., in the
Municipal Building, for the purpose of determining if the proposed
annexation meets with the relevant provisions of Sections 31-12-104
and 31-12-105, C.R.S. 1973, as amended.
IT IS FURTHER RESOLVED, That the Town Clerk shall give the notice
of hearings as provided in Section 31-12-108 (2), C.R.S. 1973, as
amended.
Trustee George J. Hix seconded the motion and it passed by the following
votes: Those voting "Yes" Trustee H. Bernerd Dannels, Byron L. Graves,
George J. Hix, Margaret Houston, Robert E. Wagner, Richard A. Wood.
Those voting "No" none.
Trustee Robert E. Wagner moved the liquor license renewal for the
Jolly Jug Liquor Store be approved. Trustee Margaret Houston seconded
the motion and it passed unanimously.
Trustee Margaret Houston moved the liquor license renewal for the
Chalet West Grocery & Delicatessen be approved. Trustee George J.
Hix seconded the motion and it passed unanimously.
The Board of Trustees considered the change of ownership of the retail
liquor license of the Longhorn Liquor Mart from Rockers to Canaiy.
Trustee Richard Wood moved the change of ownership for the Longhorn
Liquor Mart be approved. Trustee George Hix seconded the motion and
it passed unanimously.
Mr. James Duell, of the Estes Park Jaycees, requested the Town
contribute up to $500.00 towards the 1983 July 4th fireworks. Mr.
Duell explained that the fireworks, which are sponsored by the Jaycees,
are paid for by community contributions, but in the event they do
not collect enough funds to cover their costs, he would like the Town
Board of Trustees - March 22, 1983 - Page 4
to make up the difference (up to$500.00). Trustee Margaret Houston
moved that the Town contribute up to $500.00 towards the 1983 fireworks.
Trustee Richard Wood seconded the motion and it passed unanimously.
Mr. Duell also requested use of Parking Lot #1 (athletic field parking
lot) for the Estes Park Jaycees' garage sale on Saturday, April 30,
1983. Trustee Robert Wagner moved the Jaycees be allowed to use
Parking Lot #1 on Saturday, April 30th, for the garage sale. Trustee
George Hix seconded the motion and it passed unanimously.
Fire Chief Jack Rumley reported that the Estes Park Volunteer Fire
Department had taken bids on the new fire truck. Chief Rumley reported
that General had turned in a bid of $124,850.00 and that they had
met or exceeded all of the bid specifications. Chief Rumley stated
that the truck chassis would have to be paid for in advance, which
would be $70,000.00 and General has indicated a 3/4 of 1 percent per
month discount for prepayment which would amount to savings of
approximately $4,850.00. Chief Rumley requested that the Town
consider making their $100,000.00 General Fund expenditure for this
purchase by May 1st in order that the contract could be signed and
the Fire Department could receive the discount. Trustee Robert Wagner
moved the $100,000 General Fund expenditure for the fire truck be
made by May 1, 1983. Trustee George Hix seconded the motion and it
passed unanimously.
Trustee Robert Wagner 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 Water Agreement between Prospect Mountain Development Company
and the Town of Estes Park dated March 22, 1983.
Trustee George J. Hix seconded the motion and it passed unanimously.
Trustee Richard A. Wood introduced the following resolution and moved
it be passed and adopted:
RESOLUTION
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK
ALLOCATING APPROPRIATED AND UNEXPENDED FUNDS FROM THE GENERAL FUND
FOR THE DOWNTOWN REDEVELOPMENT PLANNING PROCESS AND AUTHORIZING
THE USE OF TOWN STAFF AND FACILITIES FOR SUCH PURPOSE.
WHEREAS, on September 14, 1982, the Board of Trustees es-
tablished the Estes Park Urban Renewal Authority by the adoption
of Resolution 57-82; and
WHEREAS, the Colorado Urban Renewal Law requires the adop-
tion of an urban renewal plan as a prerequisite to the functioning
of such authority; and
WHEREAS, on January 6, 1983, by the adoption of Resolution
No.57-82Athe Board of Trustees hired the Carl A. Worthington Part-
nership to prepare the downtown redevelopment plan; and
WHEREAS, the cost of such plan is $125,180.00, in addition
to the use of Town staff and facilities to assist with the prepa-
ration of same; and
WHEREAS, it is necessary to transfer $125,180from the Gen-
eral Fund to a special fund within the Town's 1983 budget to pay
the costs of the redevelopment planning process; and
Board of Trustees - March 22, 1983 - Page 5
WHEREAS, to effect the essential coordinated efforts of the
Town and the Authority to prepare and carry out the redevelopment
plan, and to assist the Authority in providing for the rehabilita-
tion and redevelopment of properties included within the redeve-
lopment project area, it is necessary and in the public interest
that the Town and the Authority cooperate to provide start-up ser-
vices, personnel, operational facilities, and funding, in addition
to other cooperative actions of the Town and the Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK THAT:
1. There is hereby established a special fund designated
as the "Downtown Redevelopment Fund" within the 1983 Budget for
the Town of Estes Park.
2. The sum of $125,180.00 is hereby transferred from the
General Fund to the Downtown Redevelopment Fund within the 1983
Budget.
3. Upon request of the consultants of the Town or the
Authority, and subject to approval of the Town Administrator or
his designee, Town employees may be assigned to work upon projects
or assignments for the Authority. While performing services for
the Authority, such Town employees shall be under the direction
and supervision of the Town Administrator.
While providing services for the Authority, records shall
be maintained of such Town employees' work time and services, and
the expenses of such services attributable to the Authority shall
be billed to the Authority by the Town as provided in Section
Eight herein for repayment at such time as the Authority has
secured funding for the redevelopment project.
4. In addition to providing employees for the Authority,
the Town may provide the Authority with such other services as
may be required to enable the Authority to perform its public
functions, including but not limited to, accounting, treasury
management, procurement, budgetary matters, personnel services,
planning services, and engineering services. Provided however,
nothing shall be construed as prohibiting the Authority from con-
tracting with or retaining third parties to provide all or a por-
tion of any services. Records of all expenses related to such
Town services shall be maintained, and the Authority shall be
billed by the Town therefor as provided in Sectio❑ Eight.
5. Annual or any special financial audits shall be per-
formed by the Town's independent auditor. All costs of any such
audit or financial services shall be billed to and paid by the
Authority as provided in Section Eight.
6. The Town may make available appropriate office space,
supplies and equipment to the Authority. All furnishings, equip-
ment, and supplies acquired by the Authority shall remain the pro-
perty of the Authority. All furnishings and equipment loaned to
the Authority by the Town shall remain the property of the Town.
Upon dissolution of the Authority, all property shall revert to
the Town.
7. The Town shall provide Workmens' Compensation Insurance
in connection with all employees performing services for the
Authority, the cost of which shall be paid by the Authority. The
Authority shall provide its own public liability insurance and
other insurance requirements; provided however, the Town shall
consider the desirability of including the Authority as an addi-
tional separate insured within the Town's existing liability in-
surance coverages as a part of the services to be provided by the
Town to the Authority.
Board of Trustees - March 22, 1983 - Page 6
8. The Authority shall reimburse the Town for all costs
incurred by the Town in providing the staff, insurance, services
and supplies. The Town shall file a claim with the Authority each
quarter for services rendered during the immediately preceding
three calendar months including therein all costs of providing the
staff and services. Such filed claims shall be in sufficient de-
tail and include salaries, benefits and other costs incurred by
the Town and shall sufficiently designate the types of services
performed by the Town so that the Authority may properly determine
the funds to which services are to be charged. When the Authority
has obtained its own source(s) of funding, and upon approval of
such claims by the Commissioners of the Estes Park Urban Renwal
Authority, the Authority shall make arrangements with the Town to
pay said filed claims, together with the total funds loaned or ad-
vanced by the Town to and for the Authority.
9. Nothing herein shall be interpreted in any manner as
constituting the Town or its employees as the agent(s) of the
Authority, or the Authority or its employees as the agent(s) of
the Town. Each party shall remain separate. Neither party shall
hereby assume the debts, obligations or liablities of the other.
The Authority shall be responsible for carrying out its duties and
functions in accordance with the Colorado Urban Renewal Law and
other applicable laws or regulations. •
Trustee Margaret Houston seconded the motion and it passed unanimously.
Mrs. Glenna Dannels reported on the Congressional Conference she
attended, and left materials for the Board of Trustees to review.
Trustee Richard A. Wood moved the Board of Trustees convene for an
executive session. Trustee Margaret Houston seconded the motion and
it passed unanimously.
There being no further business, the meeting adjourned.
Mayor Pro Tem