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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