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Home My WebLink AboutMINUTES Public Works Committee 1975-11-13RECORD OF PROCEEDINGS A j NOV 25 1975 — TO;J u E1ES PAi(— L BOARD OF flWSTEES JPublicWorksCommittee“ vNovember 13,1975 Committee:Chairman Dannels7 Trustees Petrocine and Prosser Attending:Chairman Dannels;Trustees Petrocine and Prosser Also Attending:Town Administrator Hill,Director of Public Works Van Horn,and Draftsman/Surveyor Cooper Absent:None VIRGINIA DRIVE -RELOCATION: Surveyor/Draftsman Dave Cooper presented three additional plans for the relocation of VirginiaDrive and MacGregor Avenue.The Committee spent a considerable amount of time discussing all aspects of the various plans such as parking,traffic flow,park effect,traffic lights,etc. The staff was asked to work with Mr.Merv Miller,State Highway Traffic Engineer and to refine the various plans for further consideration by the Committee. INFORMATION CENTER LEASE: The proposed lease between the Town and the Chamber of Commerce was reviewed by the Committee.A copy of the lease will be sent to the Chamber of Commerce.The Committee recommends the lease be approved by the Board. FALL RIVER PROPERTY: Director of Public Works Van Horn reported he has been informed that the encroachment on the Town’s property on Fall River will be abated.The Webermeier fence and horse loading dock will be removed in the near future. LAND AND WATER CONSERVATION PROGRAM: The Committee authorized the staff to prepare an application for federal aid for trails.The application will request aid in the amount of $15,000 to be matched by the same amount by the Town.The priority one trail will be along Highway 7.The priority two trail will be along Highway 34 east. FWD -ROLLER -SWEEPER: The Committee recommends the Director of Public Works be authorized to dispose of the FWD,Roller,and Sweeper. STREET NAMES AND NUMBERS: The Committee recommends the E.V.I.A.committee be authorized to select unofficial names and numbers for certain private streets and roads.The street numbering committee will be requested to follow the pattern current ly being used by the Town for street names. MUNICIPAL BUILDING -PUBLIC AREA: The floor covering in the public area of the Municipal Building will be cleaned and plastic runners installed. There being no further business,the ale G.Hill,Town Administrator RECORD OF PROCEEDINGS Public Works Committee /October 23,1975 Committee:Chairman Dannels;Trustees Petrocine and Prosser Attending:Chairman Dannels;Trustee Prosser Also Attending:Town Administrator Hill,Director of Public Works Van Horn,and Administrative Assistant Middaugh Absent:Trustee Petrocine RELOCATION OF VIRGINIA DRIVE AND MACGREGOR AVENUE: The Committee discussed the possibility of relocating Virginia Drive and MacGregor Avenue in order to form one perpendicular 4—way inter section.The cost of such a project is estimated to be $180,000.This project will be discussed further with the State Highway Department and general public. HIGHWAY PROJECTS -1976-1977: The Committee discussed various highway improvement projects to be recommended to the State Highway Commission at its 1976-77 budget hearings.Possible projects include: 1.South by-pass 2.Additional lanes on Highway 7 3.Highway 34 improvements especially near the intersection of Highways 34 &36 4.Right turn lane on Highway 36 for the Visitor Center 5.Traffic circle at the intersection of Highways 34 &36 No priorities were established at this time,however. ANNEXATIONS: Town Administrator Hill reported that the Town Attorney is preparing annexation ordinances for the properties recommended in the Public Works Committee meeting of August 21,1975,and will be submitted to the Board of Trustees for its consideration. EAST RIVERSIDE PUBLIC REST ROOMS: Administrative Assistant Bob Middaugh submitted an analysis of the costs of operating the public rest rooms on East Riverside Drive in the winter time.Because of the availability of the Municipal Building rest rooms and adequate signing,the Committee recommends that the East Riverside Drive rest rooms be closed November 1,1975 for the winter season. MUNICIPAL BUILDING ENTRANCES: Under the new meeting room use procedure,approved by the Board of Trus tees on September 26,1975,all outside entrances are locked after the scheduled meetings commence.In order to continue this procedure and to meet fire safety requirements,the Committee recommends installing certain locking apparatus which would allow exiting without a key on the two lobby entrances,the upstairs entrance and the entrance adjacent to the drinking fountain. 00.00 RECORD OF PROCEEDINGS Public Works Committee October 23,1975 Page Two (2) MUNICIPAL BUILDING -OUTSIDE STAIRWAY (EAST): The east outside stairway used frequently for evening meetings lacks sufficient lighting.The Committee recommends installing flush lighting fixtures under the railing to provide adequate lighting. LEASE -TOURIST INFORMATION CENTER: The Committee discussed terms of the lease between the Chamber of Com merce and the Town of Estes Park for the Tourist Information Center. A draft copy incorporating suggestions and terms discussed will be sub mitted at the next Public Works Committee meeting. U.T.S.D.-ROW REVISION: The Upper Thompson Sanitation District submitted a request for addi tional right-of-way along Fall River and Tallant Park in order to avoid existing utility lines.The Committee recommends approval. UNAUTHORIZED OCCUPANCY OF TOWN OWNED LAND: It was brought to the Committee’s attention that John Webermeier’s fence out on Fall River encloses a portion of Town owned property.Ernest Hartwell,Town Attorney,recommended that the Town proceed with recti fying the situation and outlined the procedure to do so.The Committee recommends that the Town proceed as suggested by the Town Attorney. REPORTS: Director of Public Works Van Horn reported that the East Riverside Bridge project under the State Highway 219 program was changed from a “Priority I”status to a “Priority II”status,therefore,precluding its funding for this year. It was reported that the leases for the State Highway shop and trailers are to end soon.The Committee recommends the trailers be removed at the end of the lease period and that the shop be leased on a short term basis with the eventual goal being the relocation of it near the other shops. Director of Public Works Van Horn reported that Virginia Drive will not be patched but temporarily improved until Spring when it will be overlaid. There being no further business,the meeting adjourned. Jo Van Horn,Secretary APPROVE1 OCT 28 1975 r LIES PARK BOA O TUTEES on oo A N -rt .t PA.-r i F ii L(C.7 E s—r R co .- cN 30 tA/W(NTt Mt4rN-. LEC1CC POW Apprc CLEAt.HMC LABcR -2 rn @ $3.tO e-i k c r,I e- c-or 2Sas t55.oc CLEANtN&cUpEQJe -r&te-1--rss_e /c.oo Sclve..ri±5.oo S I r 5.00 - Mop eLs /°•° _______- 1410.00 MMNANcE.4.—- 30 •1 - v 1css-i”. fl e-c sa...r’y ref -r uJar k SO .dO b i -C fl1 rt I o bo r S kcU..(cc p p r ri4-J y 00.Th vrco-.(t-f+4 1 o r-is 1 o,S -cL Yr’ -k eL cJ I 1-y rfl61114\c b GrN ThQHARTWELLandBABCOCK ATTORNEYS AT LAW Phone 667-3126 211 E.7th Street P.O.Box 5 tovelond,Colorodo 80537 October 20,1975 Ernest G.Hortwell Colton W.Bobcock,Jr. Gre9ory A.White Mr.Dale G.Hill Town Administrator P.0.Box 1200 Estes Park,CO 80517 Dear Mr.Hill: I am writing in reply to your request for my opinion as to whether or not a person can obtain title to property owned by Estes Park by adverse possession. It is my opinion that,under the provisions of section 34—41—101(2),C.R.S.1973,no person,except as hereinafter stated,could acquire title to any land,water,water right, easement or other property whatsoever dedicated to or owned by the Town by adverse user for the prescribed 18—year statutory period. There is at least one Colorado case that has not been overruled,which provides that the defense of equitable es— toppel may be asserted against a municipal corporation when the character of the action,the facts and the circumstances are such that justice and equity demand that the corporation should be estopped. There are also cases in other jurisdictions which hold that title to municipal property cannot be obtained by adverse possession of property which is used for governmental purposes, but can be obtained for property that has been used in the municipality’s proprietary functions,such as furnishing elec tric power. It is my opinion that the Colorado statute cited above controls whether the property is used for governmental or proprietary purposes;however,our Supreme Court has not ruled on that point. It is my opinion the Town should immediately remove any adverse occupancy of publicly owned land as soon as that occupancybecomesknowntotheTown.The person or persons occupy ing Town property should be formally notified in writing to vacate the property.Such writing should be at least in the form of a letter and sent by certified mail to the persons 00 *QO Mr.Dale G.Hill October 20,1975 Page 2 occupying the property.If possession is not surrendered within a reasonable time,formal action should be taken by the Town Board in order to obtain possession of the property. If you have any further questions concerning this matter, please advise me. ‘er truly yours, Ernest G.Hartwell / EGH:aeh