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HomeMy WebLinkAboutMINUTES Public Works Committee 1994-09-22BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS "Public Works Committee September 22, 1994 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Community Development Director Stamey, Clerk O'Connor Absent: None Chairman Gillette called the meeting to order at 9:32 A.M. SLEEPY HOLLOW SUBDIVISION/GARY D. CONNELY - REOUEST RIGHT-OF-WAY CONDEMNATION. In a letter dated September 13, 1994, Gary Connely requested the Town take the necessary steps to provide a public right-of-way through Lot 5 of the Replat of Lot 1, Homestead Subdivision to approximately 48 acres known as the proposed Sleepy Hollow Subdivision. Mr. Connely has been unsuccessful in securing access to his property from adjacent property owners. Administrator Klaphake reviewed "due process", advising affected property owners that the condemnation request was submitted directly to the Town. Should the Committee recommend the Town proceed with condemnation action, such action would prompt notification to all affected property owners. Discussion today is to determine whether or not it is appropriate to take condemnation action at this time. Applicant Representative Kerry Prochaska stated that the site contains 48 acres and Mr. Connely is proposing to subdivide the property into 10 lots. There is no guaranteed access and affected property owners are unwilling to grant an easement, thus the owner has no other options and has submitted the condemnation request. In 1991, a replat of Lot 1 known as The Homestead Subdivision was approved. Lot 1 fronts the northern end of Mr. Connely's property and with The Homestead Subdivision, the 48-acre site in question became land -locked. Staff reported that the Planning Commission and Town Board were aware that access was unavailable. Director Stamey offered background information covering the property prior to annexation, annexation, subdivision (Homestead), litigation regarding maintenance/Town responsibility, and Mr. Connely's proposal for the Sleepy Hollow Subdivision where the Planning Commission found the bridge access did not meet standards. Discussion followed including parking concerns of the Blackhawk Lodge, existing subdivisions that include private streets, and available options for the Town (approve/deny the request or facilitate negotiation). As it appears to be more feasible to gain access from the east, past Ponderosa Lodge, Blackhawk Lodge and Trail West through private negotiations than to condemn a portion of Lot 5, which is at the west boundary of. Sleepy Hollow Subdivision, the Committee recommends (1) the condemnation request be denied at this time, and (2) all parties meet with appropriate Town staff to attempt negotiations to the east. CARRIAGE HILLS 7TH FILING - CITIZEN REOUEST AUTHORIZATION TO LANDSCAPE OUTLOT. In a letter dated July 26, 1994, Floyd Smith (and neighbors) expressed interest in planting bushes and small trees along the property line and to 10' south of said line that borders The BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee - September 22, 1994 - Page 2 Mountain Technology Center property. Plantings would assist in dividing the business property from residential. Mr. Smith has obtained approval from associated utility agencies, and, if required, they will coordinate planting efforts with a Town representative. Director Linnane provided a vicinity map that identified the outlot which connects to two moderately large outlots to the east and west. An existing fence and 10' berm, installed to screen the industrial area, were installed without town approval. Mr. Smith commented that he was of the opinion that the outlot was owned by the Homeowners Association. The propane company in said industrial area agreed to provide labor and the neighborhood paid for building materials for the fence. In addition, a 10' wide by 2' high berm was added adjacent to the fence. A building permit was obtained for the fence. Administrator Klaphake reported that, as a condition of annexation, the existing open space was to remain so in perpetuity. Improvements are limited to a paved walkway around the lake; the Town has no intention of violating the trust of the Annexation Agreement. As it appears the neighborhood is able to accomplish the goal of screening residential from industrial property by installing landscaping on private property (Lots 50-54), the Committee recommends the request be denied based upon the open space condition of the Annexation Agreement. The Committee confirmed that the 10' berm need not be removed. REPORTS. The Committee reviewed the Customer Service Response Report for August. Staff noted that calls for dis-colored water were zero which indicates the corrosion control project is working. The Monthly Water Report is unavailable at this time due to computer malfunctions. Lake Estes Hike/Bike Trail. The Town has met all Federal and State requirements concerning environmental issues; the Bureau of Reclamation has prepared an Environmental Assessment, it is favorable and has been submitted to the Army Corps of Engineers; the permit should be issued by the end of September. Staff anticipates the following schedule: advertising the project in the very near future; a bid date of October 17; and Committee review on October 27. The project will hopefully begin in November, the Contractor will work through the Winter and conclude in the Spring. As requested, Director Linnane will prepare an executive summary of the project along with the bid results. Water Conservation Kits. Approximately 700 kits have been distributed; 300 kits are still available. Accommodations properties have participated to a great extent. The Town should realize a savings of over 100 acre feet of water as a result of this conservation program, which is also beneficial to the sanitation districts. 1994 Water Leases and Augmentation Plan. Due to potential water drought this Summer, staff leased 200 acre feet of water from Eastman Kodak and 190 acre feet from the City of Loveland. One - hundred acre feet of the 390 was transferred to EVRPD. Fortunately, the drought did not transpire. Staff contends that the Town owns perpetual rights to 500 ac. ft. of Bureau of Reclamation water, and negotiations have been underway for the past two years. Staff has requested this issue be resolved by the first BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee - September 22, 1994 - Page 3 of the year. Highways 7 and 36 Projects. Representatives from the Town and CDOT met and conducted a "walk through" of the Hwy. 34 project, and CDOT is proceeding with construction design. The "walk through" for Highway 7 has not yet taken place. Both projects may be constructed simultaneously, depending upon the contractor's desires. Staff anticipates that the 4-month projects will begin in January, 1996 and it may affect the tourist season; however, CDOT/Town will require that limited access be maintained at all times. Director Linnane reported that a private business and contractor will be replacing the water service line on East Elkhorn/Moraine. Disruptions in traffic are expected to occur. There being no further business, Chairman Gillette adjourned the meeting at 10:45 A.M. Vickie O'Connor, CMC, Town Clerk SEP271994 TirRN B3ARD O i_i.:", ra