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
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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
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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
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