HomeMy WebLinkAboutMINUTES Town Board 1987-07-14LAD. of Estrs park, Lorimer County, Colorado,
July 14 , 19.87
Minutesofa Kg.g1.11.4K meeting of the Board of Trustees of the Town of Estes
Park, Lorimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park
on the 14th day of July , A. D. 19 87 at regular meeting
hour.
MeetingcalledtoomierbyMayor H, Bernerd Dannels
Present: Mayor H. B. Dannels Trustees: Norbert L. Aldrich,
David Barker,
AlsoPrement: Dale G. Hill, Mark T. Brown,
Town Administrator David Habecker
AgdeAti: Gregory A. White,
Town Attrorney
Absent: Milan A. Dickinson, Trustee
George J. Hix, Trustee
Minutes of the meeting held June 23, 1987 were submitted and
approved.
Trustee Habecker moved the bills, as presented, be allowed and
paid and that the Clerk be authorized to draw warrants for same.
(A certified copy of the bills presented and allowed are on file
in the Finance Office under this date, and made a part of the
record of these proceedings by reference thereto). Trustee Brown
seconded the motion and it passed unanimously.
Minutes of the Public Works Committee meeting held June 24, 1987
were read. Trustee Brown moved the minutes be approved contin-
gent upon the "Old Ranger, Road Paving Request" being held for
further discussion. Trustee Barker seconded the motion and it
passed unanimously. Concerning the paving request submitted by
UNC, Trustee Brown stated his primary concern was to determine
what, if any, benefit would be realized by the community in
approving the request, and if the Town could expect increased
maintenance costs. As stated in Committee minutes, UNC is
experiencing difficulty in accessing their property which is
located outside Town Limits. UNC has offered to pave Old Ranger
Road at no expense to the Town. William Sellner and Ty
Morris/UNC offered additional testimony in favor of the request,
stating UNC does not anticipate developing their property into a
major resort center. UNC's property is used for educational
purposes. Discussion included the possibility of UNC providing a
public access through their property (UNC is not willing to
provide such an access due to potential increased liability), the
Town's responsibility and/or liability in maintaining streets to
a specific standard (the Town is required to reasonably provide
access), the possibility of increased traffic generation,
"right -of -review" by the Town for any potential development that
could occur on the UNC property, State agency jurisdiction vs.
local jurisdiction, existing water service and the current Town
regulation requiring applicants desiring to increase water
service to obtain Town approval prior to such an increase, fire
protection, future costs to be incurred by the Town to overlay
the street in 10-12 years ($2,300±), location of the proposed
"turn -around" (which will not be a full-sized cul-de-sac and will
be placed in the public right-of-way), and drainage retention
(Town staff does not anticipate a significant drainage problem
due to the paving of UNC's existing parking lot and the street).
There being no further testimony, Trustee Habecker moved (1) UNC
be authorized to pave Old Ranger Road above Lot 40 to UNC's
property line at not cost to the Town, (2) such paving installa-
tion to meet Town specifications, and (3) UNC to provide a
"turn -around" to be placed in the Town's right-of-way. Trustee
Aldrich seconded the motion and it passed unanimously.
Board of Trustees - July 14, 1987 - Page two
Special Review Request #87-6 for a Bed and Breakfast operation
owned by Charles M. Thompson, 540 Big Horn Drive was submitted.
The public hearing was held by the Board of Trustees June 23,
1987. Planner Stamey reported all Planning Commission conditions
had been met, the application and attendant documents contained
all appropriate signatures, and adequate easement had been
provided. Trustee Barker moved Special Review Request #87-6 be
approved. Trustee Brown seconded the motion and it passed
unanimously.
Mayor Dannels declared a public hearing to consider the Moccasin
Saddle Addition annexation. Those speaking in "favor" of the
annexation, Public Works Director Widmer who offered a brief
history of the proposed annexation. Those speaking in "oppo-
sition", none. Adjacent property owner William Bowie questioned
(1) if annexation was being proposed for the south side of
Moccasin Circle, (2) what type of residences would be allowed,
(3) the possibility of installing a sign stating "Not a Through
Street" at the beginning of Ouray Drive, and (4) if the Town was
considering further annexation near Cumorrah Heights. Staff
advised (1) the annexation included a 15' platted right-of-way
strip of land which is located in Cumorrah Heights, (2) the
proposed R-S zoning would allow single-family and one and
two-family dwellings; however, with additional land areas
required for steeper slopes, single-family dwellings would most
likely occur as exists today, (3) due to Ouray Drive being
located outside Town Limits, Larimer County would be responsible
for installing such a street sign, and (4) any annexation of the
Cumorrah Heights area would be initiated by the residents them-
selves. Mr. Gil Culter also questioned if the Town would install
a "Stop Sign" located at the corner of Moccasin Circle Drive and
Ouray Drive. Mr. Culter was advised such a sign would be in-
stalled. There being no further testimony, Mayor Dannels de-
clared said public hearing closed. Trustee Aldrich introduced,
and Town Attorney White read in full, the following Annexation
Resolution and moved it be passed and adopted:
RESOLUTION 10-87
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 31-12-110, C.R.S.
1973, hereby finds that with regard to the proposed
annexation of the following described area that the
requirements of the applicable parts of Section
31-12-104 and 31-12-105, C.R.S. 1973, have been met;
than an election is not required under Section
31-12-107 (2), C.R.S. 1973; and that no additional
terms and conditions are to be imposed on the
annexation. The area eligible for annexation as
"MOCCASIN SADDLE ADDITION" to the Town of Estes Park is
as follows:
MOCCASIN SADDLE ADDITION to the Town of Estes Park, Colorado, being a
portion of the NE 1/4 of the SE 1/4 of Section 25, Itwnship 5 North,
Range 73 West of the 6th P.M., being more particularly described as
follows:
Casi acing at the E 1/4 corner of Section 25, T5N, R73W of the 6th
P.M., as monumented by a metal cap 16499 inside an iron pipe, and
considering the north line of the NE 1/4 of the SE 1/4 of said Section
25 to bear N89°43'00"W with all bearings herein relative thereto;
thence N89°43'52"W 922.11' to the NW corner of the Hospital Addition
to the Town of Estes Park, as monumented by a pin with plastic cap
16499 and the TRUE POINT OF BEGINNING; thence along the boundary of
said Hospital Addition the following four (4) courses: 500'02'13"W
439.71'; thence S89°57'40"E 246.67'; thence N75°46'48"E 212.71';
thence S03°10'38"E 250.59' to a point on the north line of a 15' wide
private road easement as recorded in Book 1700 at Page 589 of the
Larimer County Records, being monumented by a pin with plastic cap
#9485; thence along said north line S53°17'44"W 51.68'; thence
582°22'09"W 85.21' to the Northeast corner of a 15' wide strip
dedicated as a public road on the recorded Plat of Cumorrah
Subdivision; thence S00°14'01"W 15.14' along the East boundary of said
Subdivision to the south right-of-way of said public road; thence
Board of Trustees - July 14, 1987 - Page three
along said south right-of-way S02°22'09"W 470.96'; thence S09°57120"W
269.09' to the west line of the NE 1/4 of the SE 1/4 of said Section
25; thence along said west line NO0'01132"W 760.10' to the MR Corner
of said NE 1/4 of the SE 1/4 as monumented by a pin with metal cap
1532; thence SB9'41'00"E 395.70' to the MOE PO1Nf OF WINNING;
described parcel contains 9.80 acres.
Trustee Brown seconded the motion and it passed unanimously.
Trustee Brown introduced and Town Attorney White read in full,
the Annexation Ordinance and moved it be passed and adopted:
AN ORDINANCE APPROVING THE ANNEXATION OF
CERTAIN TERRITORY TO THE TOWN OF ESTES PARK,
COLORADO, TO BE KNOWN AND DESIGNATED AS
MOCCASIN SADDLE ADDITION
Trustee Aldrich seconded the motion and it passed by the follow-
ing votes: Those voting "Yes" Trustees Aldrich, Barker, Brown
and Habecker. Those voting "No" none. Whereupon Mayor Dannels
declared said Ordinance duly passed and adopted and ordered it
numbered 15-87 and published according to law.
Town Attorney White acknowledged receipt of the Moccasin Saddle
Addition "Annexation Service Plan" which is now required by law.
Mayor Dannels declared a public hearing to consider the Zoning
for Moccasin Saddle Addition. Considering the zoning, uses of
nearby properties, and the Comprehensive Plan Guidelines, Planner
Stamey advised the Planning Commission had recommended R-S
Residential Zoning for this addition. There were no persons
speaking in "favor" of or in "opposition" to the recommendation
of R-S Zoning. Mayor Dannels declared said public hearing
closed. Trustee Brown introduced, and Town Attorney White read
in full, the following Ordinance and moved it be passed and
adopted:
AN ORDINANCE ZONING PROPERTY WITHIN THE TOWN
OF ESTES PARK, COLORADO, KNOWN AS MOCCASIN
SADDLE ADDITION
Trustee Aldrich seconded the motion and it passed by the follow-
ing votes: Those voting "Yes" Trustees Aldrich, Barker, Brown
and Habecker. Those voting "No" none. Whereupon Mayor Dannels
declared said Ordinance duly passed and adopted and ordered it
numbered 16-87 and published according to law.
Minutes of the Board of Adjustment meeting held June 24, 1987
were submitted.
Trustee Habecker moved the Mayor be authorized to execute the
following standard Stanley Park Agreements:
Muscular Dystrophy Association, Inc.
Colorado Hunter Jumper Association, Inc.
Westernaires, Inc.
Colorado Therapeutic Riding Center, Inc.
Trustee Aldrich seconded the motion and it passed unanimously.
Trustee Brown introduced, and Town Attorney White read in full,
the following Resolution and moved it be passed and adopted:
RESOLUTION 11-87
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., 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
Board of Trustees - July 14, 1987 - Page four
in substantial compliance with Section 31-12-107 (1),
C.R.S. The Board of Trustees further finds and deter-
mines that the Petition is signed by persons comprising
one hundred (100%) percent of the landowners in the
area proposed to be annexed and owning one hundred
(100%) percent of the area, excluding public streets,
and alleys and any land owned by the annexing munic-
ipality. Such area, if annexed, will be known as
"WOODLANDS ADDITION" to the Town of Estes Park,
Colorado. Such area is described as follows:
Woodlands Addition to the Town of Estes Park, Colorado,
being a portion of the SE 1 of the NW* of Section 31,
Township 5 North, Range 72 West of the 6th P.M., being
more particularly described as follows:
Beginning at the Center Quarter corner of said Section
31, monumented by a 3/4" pipe, with all bearings
relative to the South line of said NW1 of Section 31
considered as bearing N89°0700"W, and the POINT OF
BEGINNING;
Thence along said South line of the NW I of
Section 31 N89°07100"W, 1131.83 feet to a
point being the Southeast corner of Palmer
Addition to the Town of Estes Park and
monumented by a pin with cap number 64991
Thence along the East line of said Palmer
Addition NO0°19'37°11, 415.80 feet to a point
on the South line of One Thousand Pines
Subdivision, also being the Northeast corner
of said Palmer Addition and monumented by a
pin with cap number 10385;
Thence along said South line of One Thousand
Pines Subdivision 589°05'57"E, 832.69 feet to
a point being the Northwest corner of a
parcel described in Book 1043 at Page 431 of
the Larimer County Records and monumented by
a pin with cap number 532;
Thence along the boundary of said parcel
described in Book 1043 at Page 431 the
following two courses: S00°15'02"E, 365.50
feet;
Thence S89°07'00E, 299.23 feet to a point on
the East line of said NWi of Section 31
monumented by a pin with cap number 10385;
Thence along said East line of the NWI of
Section 31 SOO°47114"E, 50.04 feet to the
POINT OF BEGINNING.
Described tract contains 8.29 acres.
IT IS FURTHER RESOLVED, that in accordance with
Section 31-12-108, C.R.S., a public hearing shall be
held on August 25, 1987 at 7:30 P.M., in the Municipal
Building, located at 170 MacGregor Avenue, Estes Park,
Colorado, for the purpose of determing if the proposed
annexation complies with the applicable provisions of
Section 31-12-104 and 31-12-105, C.R.S.
IT IS FURTHER RESOLVED, that the Town Clerk shall
give the notice of the hearing as provided in Section
31-12-108 (2), C.R.S.
IT IS FURTHER RESOLVED, that the plat of Woodlands
Addition be referred to the Planning Commission to
begin the necessary procedures to make the property
subject to the zoning ordinances of the Town.
Planner Stamey advised the Resolution is the first step in the
annexation process. Owner of the property is Gerald Palmer.
Trustee Aldrich seconded the motion and it passed unanimously.
Board of Trustees - July 14, 1987 - Page five
Trustee Barker moved the Mayor be authorized to execute the Coors
Classic Agreement for 1987. Trustee Aldrich seconded the motion
and it passed unanimously.
Trustee Aldrich moved the Mayor be authorized to execute the 1987
Scottish Highlands Festival Agreement. Trustee Brown seconded
the motion and it passed unanimously.
Trustee Aldrich introduced, and Town Attorney White read in full,
the following Ordinance and moved it be passed and adopted:
AN ORDINANCE AUTHORIZING THE TOWN OF ESTES
PARK, COLORADO, TO GRANT AN ACCESS AND
UTILITY EASEMENT TO ESTES VALLEY MEMORIAL
GARDENS, INC.
Town Attorney White stated the easement, required by Larimer
County, will allow access to the property (the proposed road
traverses East and West of the property, Parcels 2, 3 and 4).
The easement cannot be revoked; however, should Estes Valley
Memorial Gardens default, the easement could be vacated. Trustee
Brown seconded the motion and it passed by the following votes:
Those voting "Yes" Trustees Aldrich, Barker, Brown and Habecker.
Those voting "No" none. Whereupon Mayor Dannels declared said
Ordinance duly passed and adopted and ordered it numbered 17-87
and published according to law.
Trustee Aldrich introduced, and Town Attorney read in full, the
following Ordinance and moved it be passed and adopted:
AN ORDINANCE AUTHORIZING THE TOWN OF ESTES
PARK, COLORADO, TO LEASE CERTAIN REAL PROPER-
TY TO ESTES VALLEY MEMORIAL GARDENS, INC.
As authorized by the Board of Trustees, Town Attorney White
prepared a Lease allowing Estes Valley Memorial Gardens to use
Parcels 2, 3 and 4 as part of the cemetery. The Lease will also
allow construction of a small structure on Parcel 4. Trustee
Habecker seconded the motion and it passed by the following
votes: Those voting "Yes" Trustees Aldrich, Barker, Brown and
Habecker. Those voting "No" none. Whereupon Mayor Dannels
declared said Ordinance duly passed and adopted and ordered it
numbered 18-87 and published according to law.
Trustee Brown moved the Tavern Liquor License Renewal, including
Extended Hours and Change in Corporate Structure submitted by
Renaissance Management Group, Inc., dba BLACK CANYON INN, 800
MacGregor Avenue be approved. Trustee Habecker seconded the
motion and it passed unanimously.
Trustee Habecker moved the Tavern Liquor License Renewal submit-
ted by King's Country Terrace Ltd., dba KING'S ROYAL CATERERS,
LTD., 1191 Woodstock Drive be approved. Trustee Aldrich seconded
the motion and it passed unanimously.
Trustee Barker moved the Retail Liquor Store License Renewal
submitted by Mountain Dew Liquors, 182 South Saint Vrain Avenue
be approved. Trustee Brown seconded the motion and it passed
unanimously.
Trustee Aldrich moved the Hotel and Restaurant Liquor License
Renewal, including Extended Hours, submitted by Terhurne Mills
Enterprises, Inc., dba THE PUB, 246 Moraine Avenue be approved.
Trustee Brown seconded the motion and it passed unanimously.
Trustee Barker introduced, and Town Administrator Hill read in
full, the following Resolution and moved it be passed and adopt-
ed:
RESOLUTI ON 12-87
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
Board of Trustees - July 14, 1987 - Page six
That in compliance with Section 3.05.040 (2) of
the Municipal Code of the Town of Estes Park, Colorado,
the percentage of rental payments to be refunded to the
elderly residents shall be $0.0053 of the rental
payments made during 1986.
Trustee Aldrich seconded the motion and it passed unanimously.
Mayor Dannels submitted the names of David Habecker and Paula
Laing-Steige to serve on the Transportation Advisory Committee.
The appointments are a result of the TDP Study - a joint project
between the State of Colorado and the Town of Estes Park.
Trustee Aldrich moved the aforementioned appointments be
approved. Trustee Barker seconded the motion and it passed
unanimously.
Following completion of all agenda items, Mayor Dannels requested
comments from the audience. Hearing none, the Board of Trustees
adjourned to Executive Session to discuss legal matters.
Mayor
Town Clerk