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HomeMy WebLinkAboutPACKET Town Board 1996-07-09.. The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 9, 1996 7:30 P.M. AGENDA PUBLIC COMMENT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. Dave Floyd, KRKI - Lakefront Arts Fest, August 3 & 4, 1996. CONSENT CALENDAR: 1. Town Board minutes dated June 25, 1996. 2. Bills. 3. Committee Minutes: A. Public Works, June 27, 1996. B. Community Development, July 3, 1996. C. Special Planning Commission, July 2, 1996 (acknowledgement only). D. Board of Adjustment, July 1, 1996 (acknowledgement only). 4. Rezoning Request: Lots 1-4, 7-50, 7B-16B, Buenna Vista Terrace Subdivision, Buenna Vista Terrace Subdivision Property Owners/Applicants - Request of Applicant to refer back to Planning Commission. ACTION ITEMS: 1. Public Works Committee, June 20, 1996: A. Hondius Water Users Association, Inc. - Approval of Agreement and Ordinance #14-96. B. Fuel Tank Project: 1. Approval of Agreement with Larimer County. 2. Approval of bid from Flint Engineering and Construction. C. Raven Avenue/Lone Pine Drive Drainage Project - Approval of budget expenditure. D. Street Striping - Approval of budget expenditure. 2. Planning Commission: A. Public Hearing - Final Plat of Ranch Meadow Subdivision (formerly Mountain Park Subdivision), Richard H. Wille 1 Trust/Applicant. B. Public Hearing - Rezoning Request for Ranch Meadow Subdivision: from C-0 Outlying Commercial to R-S Residential for Lots 4-15, 23-39; and from C-0 to R-M for Lots 17-22, 26 and 30, Richard H. Wille Trust/Applicant. C. Public Hearing: Special Review Request #96-4 Lone Tree Village, Lot 5, Manford Addition, Simpson Housing Limited Partnership & Loveland Housing Development Corp./Applicants. 3. Temporary Shelter Permit Ordinance #15-96 - Approval. 4. Town Administrator's Report: A. 2 i 1,lit" , . 4 f it i /1 y .5 9%46 - 5 1 ..4 V d 0 0 h 1 p . 9 WQ ., H 97 V 1 \ 9 4 - j C~ 1 0 2 h 1 + o e /z U It AH WI 2 + 1 1 4# *04 /0 4 4 r- jO (ft n f f 19 29 - 4 f. C ...2 0 R- 1.41.2,40...fi 15% f".4,1 _-1X /, 1 i : 8· 4 RE.i:r:i, ' -< Mlks i C i -2/ - , ~F,83-·Im h f A . 1 u E , c 1-"a- ? : 1, AbL_*U· 4 , 61 6- *.1 i¥ 1 CR :* ~· TI 91 '1111? IblK/01'DI/111 JA• 1 -=5/2.:al A.: M 1 Adat¢ tl*i~ f le/1&/a i *FL m,ALE,LAvaK~"~F 9 -- / r N \\\ I 0.\ / / ¥ 1 4\ \ \ --- I \ 1 -- \ ---- 311--ENE-3 1 / ---- -- LE-1-11.N~_Al.H-H_112_2_L[_LE-lf , . Town of Estes Park, Larimer County, Colorado, . 411114 75. ....,19. 96. Minutes of a . Regular. . . meeting of the Board of Trusteei of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . 251:h. . day of .... .JUne. .., A.D., 19. ?6. at regular meeting hour. Robert L. Dekker Meeting called to order by Mayor ......................... Pregent: Mayor Robert L. Dekker Truatees: Susan L. Doylen, Mayor ProTem Jeff Barker, George J. Hix, William J. Marshall, Gary F. Klaphake, J. Donald Pauley Also Present: Town Administrator Gregory A. White, Town Attorney i Vickie O'Connor, Town Clerk Absent: John Baudek, Trustee Mayor Dekker called the meeting to order at 7:34 p.m. PUBLIC COMMENT. Ron Hildebrand, President/Alpine Anglers, commented on the proposed restoration of the Fall River Hydro Plant. In summary, his group opposes the restoration as they believe the cfs in the river is inadequate and seriously impacting the environment. Todd Hosman, 2840 Fall River Rd., also voiced his economic and environmental concerns with restoration of the Plant. Madeline Framson, Chairman/Colorado Mountain Club, read a letter dated September 1, 1994 by Anne Vickery, Conservation Director/Colorado Mountain Club to the Federal Emergency Regulatory Commission (FERC) requesting FERC conduct an analysis of the proposed restoration and include a clear description of impacts to RMNP, measures to mitigate these impacts, and alternatives for supplying necessary electricity to the Town. These analyses have not been accomplished, FERC has no intention in doing so, and the Town should ensure that the impacts are studies and made public prior to taking any action. Austin Condon, provided the Clerk a copy of his letter dated June 24 to be distributed to the Town Board. In summary, Mr. Condon requested the Town initiate a new environmental analysis on the proposal, including updated information, consideration of the minimum flows, effects on downstream habitats and businesses, and affects on RMNP and visitors. The Trustees are being asked to approve the Light and Power Committee minutes, which includes a $2,500 expenditure on the Plant, and Mr. Condon urged this request be denied. Mr. Condon's comments were also representing Trout Unlimited and Mark Peterson, Rocky Mountain Regional Director/National Parks and Conservation Association. Bill Van Horn disagreed with previous comments, stating that Plant restoration is not a major environmental issue. Mayor Dekker reported on the Plant's history, reiterating that FERC has stated they have no jurisdiction and that the Town does have the right to pursue this project. However, economics and environmental issues will be the determining factors should the Town elect to proceed. Board of Trustees - June 25, 1996 - Page 2 CONSENT CALENDAR: 1. Town Board minutes dated June 11, 1996. 2. Bills. 3. Committee Minutes: A. Light and Power, June 13, 1996. PULLED B. Public Safety, June 20, 1996. C. Planning Commission, June 18, 1996 (acknowledgement only). The Light and Power Committee minutes were withdrawn from the consent calendar and voted upon separately. It was moved and seconded (Doylen/Marshall) the consent calendar be approved, and it passed unanimously. 3.A. Light & Power Minutes. Staff clarified the following: the specific length of the river that could be affected is a one- mile stretch between the Power Plant and the diversion structure; while the Town appreciates those comments made earlier, the Town does have the legal right to fully restore the Plant to operational status; the $2,500 expenditure was requested to renovate the Plant building to possibly include demolition of the two remaining buildings (previously used for dwellings); and staff was authorized to negotiate with the rate consultant for a financial plan prior to proceeding further. Administrator Klaphake reported that the renovation would be performed by a professional as the Town desires to restore the Plant building to its former architectural and historical significance. The Town is not seeking national historical designation. It was moved and seconded (Hix/Doylen) staff be authorized to expend $2,500 for building renovation, and to negotiate with the rate consultant to obtain a financial plan for presentation to the Committee, and it passed unanimously. Trustee Doylen noted that perhaps the Town Board should have a discussion to determine whether an eco-system analysis on that portion of the River that could be affected should be conducted in the near future. ACTION ITEMS: 1.A. Light & Power Lona Range System Plan - Acceptance of Report. Light & Power Director Matzke reported that Jerry Hager/Electrical Systems Consultants, presented the Plan at the Light & Power Committee meeting June 13. The basic purpose of the study is to predict the capital improvements which will be required during the next ten years to allow the Town an opportunity to plan for these expenditures. Considering the minimal amount of revenue from the Allenspark area (south line) and estimated expenditure, this portion of the Plan is of major concern. Administrator Klaphake stated that the consultant should review this area again for potential alternatives and consequences of those alternatives. Noting that the Plan is a only a list of suggestions, and that a financial plan must first be prepared prior to proceeding, it was moved and seconded (Hix/Pauley) the Long Range System Plan be accepted, and it passed unanimously. B. Bow Huntina Policy - Adoption of Revised Policy. Director Matzke reported that an Interim Bow Hunting Policy was approved in 1994. The Committee reviewed and recommended ¢ approval of a revised policy ( further def ined in the Committee minutes dated June 13, 1996) . Administrator Klaphake reported that area residents have expressed their public safety concerns by allowing hunting on this site. Discussion followed, and it was moved and seconded (Hix/Marshall) the Bow Board of Trustees - June 25, 1996 - Page 3 1 Hunting Policy, as revised June 13, 1996, be approved, and it passed unanimously. 2.A. "The Reserve" Annexation (Storer Ranch). James DIA. Welch. Martha W. Arnold. Elizabeth Welch Arrambide. Frances w. Hamver. Charles A. Welch. Cinda L. Smith and Garv E. Nordic/Applicants: Attorney White explained that a public hearing would be held on actual annexation itself and comments should be confined to annexation. The Zoning Ordinance will follow and those comments would then be appropriate. Mayor Dekker opened the public hearing. Community Development , Director Stamey summarized the proposal for the 121.63-acre 1 site located east of Stanley Heights. The Planning Commission I favorably recommended approval of the annexation and it meets Town regulations. Those speaking in "favor" of the annexation: Bill Van Horn, Applicant's representative, Austin Condon, Alan Aspinall, 730 East Lane and Past President/North End Property Owners. There were no persons speaking in "opposition", thus Mayor Dekker declared the public hearing closed. Attorney White read the Annexation Resolution, and thoroughly reviewed the ! Annexation Agreement. Attention was drawn to Paragraph 4 stating: "...intent and desire of Owner to develop the property in accordance with the density of units and uses approved by the Town pursuant to the Preliminary Plat for the property dated May 17, 1996 and approved by the Planning ' Commission on May 21, 1996, and that the approval by the Town of a final plat incorporating the density of the approved i Preliminary Plat, which is approved in the Final Plat shall constitute a site specific development plan pursuant to C.R.S. 24-68-103, and said densities and uses shall vest for a period t 4 of three (3) years from the date of this Agreement." Should the owner change his mind, he would not have an approved final I plat. Mr. Van Horn confirmed that there are 43 developable single family sites, varying from 1.2 to over 3 acres and 2 old homestead tracts 7/8 acres in size. The owner's intent ' was to develop as a mountain P.U.D., while at the same time, I attempting to address the north end property owners' concerns. An open area of over 37 acres is planned. Covenants are being submitted to the Planning Commission, and the only fences allowed will be on private patios, decorative style, and there will be no fences along the open space. CDOT permits have been approved. Attorney White confirmed that any deviation from the annexation plat would require the owner to return to the Town Board. Ralph Nicholas, 1660 North Ridge Lane noted that additional residents have concerns on the annexation; however, they were unable to attend this meeting. There is no disagreement with Mr. Nordic as Mr. Nicholas believes he will adhere to his proposal; however, there are five property owners who must also sign the Annexation Agreement. Once annexation occurs, zoning must be designated within 30 days. It is irresponsible for the Town Board to approve the Annexation Agreement without proper signatures. Mr. Nordic does not have a firm contract. There being no further testimony, Attorney White read the Resolution. It was moved and seconded (Hix/Doylen) Resolution #12-96 be approved, and it passed unanimously. It was moved and seconded (Doylen/Marshall) the Annexation Agreement be approved as presented, contingent upon receipt of an executed Agreement, and it passed unanimously. It was moved and seconded (Hix/Barker) Ordinance #12-96 approving the annexation be approved, contingent upon receipt of an executed Agreement, and it passed unanimously. Board of Trustees - June 25, 1996 - Page 4 1: Zoning. Applicant's representative, Bill Van Horn, noted the importance of the Annexation Agreement relative to zoning - the Town's E-Estate zoning is the most restrictive, and this proposed development is even more restrictive. All of the use provisions that are part of the E-Estate zoning are appropriate, the only difference is the lot size. The owners desire to create a unique development in tune with a site specific plan. Alan Aspinall added that the developer has taken considerable steps to ensure overall appearance of the site relative to density. Douglas Floering, north end property owner, expressed his opposition to the annexation based upon elk habitat. There being no further testimony, Mayor Dekker declared the public J hearing closed. 1 Attorney White read the ordinance, and it was moved and seconded (Marshall/Pauley) Ordinance #13-96 be approved, subject to receipt of an executed Annexation Agreement, and it passed unanimously. Trustee Doylen commended Mr. Nordic for his sensitivity and vision on this proposal, and reiterated here concern to address affordable housing. 3. 1995 Comprehensive Annual Financial Report. Steve Jackson, CPA and Monte Vavra, Finance Officer, presented and reviewed the 1995 Annual Financial Report. Mr. Jackson noted that : EPURA, the Housing Authority and Building Authority have now been integrated into the Report. The 1995 Comprehensive Annual Financial Report was accepted by reference thereto. 4. Town Board Goal Setting Report - Presentation. Administrator Klaphake presented the 1996 Town Board Goal Setting Report which included the Vision and Mission Statements and the following Policy Agenda: 1. Revise and Approve the Comprehensive Plan (Study Committee Members include Mayor Dekker, Mayor ProTem Doylen, Larimer County Commissioner Disney). 2. Evaluate the Youth Center and Youth Activities. 3. Review Police Department Mission. 4. Approve and Implement Light & Power Master Plan. 5. Review Code Inspection Services and Make Appropriate Changes. 6. Monitor Parking and Transportation Plan. 7. Continue Joint Town/EPURA Budgeting Process. 8. Revise Community Outreach Program. 9. Consider Privatization of Town Services. 10. Review Use of Consultants/Sole Source. The 1997-98 Capital Improvement Program was also presented and reviewed. 5. Estes Park Urban Renewal Authority - commissioner Appointment. It was moved and seconded (Hix/Doylen) Paula Laing Steige be appointed as Commissioner, filling the vacancy left by Randy Martin, 5-year term, expiring September 15, 1998, and it passed unanimously. 6. Town Administrator's Report. None. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 10:01 p.m. t Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk BRADFORD PUBLIIHING CO. RECORD OF PROCEEDINGS Public Works Committee June 27, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Construction and Public Facilities Manager Sievers, Streets and Parks Superintendent Speedlin, Deputy Clerk Kuehl Absent: None r Chairman Doylen called the meeting to order at 8:00 a.m. HIGH DRIVE WATER DISTRICT BULK WATER AGREEMENT ·- APPROVAL Manager Sievers explained that the High Drive residents contacted the Town to provide bulk water to their area. The Agreement has been reviewed by Attorney White and Town Staff. The Committee recommends approval of the High Drive Water District Bulk Water Agreement. GLACIER WATER TANK CHANGE ORDER - APPROVAL Duckels Construction submitted a change order as follows: 1. Additional 4' concrete ring installation on the sample pump access manhole to stabilize the slope from the new storage tank and match with the grade: $852.00. 2. Additional 3/4" rock installed on the access roadway: $600.00. 3. Construction of a rock retaining wall north of the tank adjacent to the backwash pond to eliminate backfill encroachment into the pond: $2,000.00. The Committee recommends approval of the change order totaling $3,452.00 as described above. FUEL TANK ABANDONMENT PROJECT - APPROVAL OF AGREEMENT AND BID Manager Sievers reported that the Agreement for the fuel tank abandonment project has been reviewed by Attorney White, Larimer County, and Town Staff. The only anticipated change is a reduction in term length. The Committee recommends approval of the general concept of the Agreement with the understanding that term length may be amended. The contract will be awarded July 10 with completion of the project by August 1. Bids received for the removal of the Fleet Maintenance facility fuel tank included demolition of the existing fuel tanks and piping/asphalt patching (Schedule A) and a unit rate price for excavation and disposal of contaminated soil (Schedule B) are as follows: Schedule A Schedule B Flint Engineering & Construction $22, 254.15 $20.10/cy Allwaste Environmental $22,616.00 $32.00" Gallenstein & Associates $29,579.00 $19.75" The Committee recommends approval of the bid from Flint Engineering and Construction for $22,254.15 with a maximum budgeted expenditure BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee, June 2/, 1996 - Page 2 of $80,000. It was noted that liability for any contaminated soil will be the responsibility of the contractor. RAVEN AVENUE/LONE PINE DRIVE BUDGETED DRAINAGE PROJECT Manager Sievers explained Van Horn Engineering has presented a plan to the Town to share the cost of this project with the developer of Storer Ranch. The estimated preliminary survey and design cost for the Town is $3,642.50. The Committee recommends Staff finalize the costs for presentation to the Town Board on July 9 for approval. Sievers explained that an easement has been obtained from the Inn of Estes Park, and an easement is expected from Sombrero Stables. Administrator Klaphake explained that the historic flow will not change, and most of the drainage will be underground. Coulson Construction may be retained for construction if unit prices are acceptable to Staff. BIG HORN DRIVE PARKING Manager Sievers explained that 9 to 12 additional parking spaces are possible along Big Horn Dr. from Spruce Dr. to Cleave St. with no ph9'sical change to the roadway, except the addition of striping and removal of the No Parking signs. The Committee recommends Staf f stripe. Big Horn Dr. as described to provide additional parking spaces. PAVEMENT MARKING Manager Sievers explained that the budget includes $200,000 for capital roadway improvements and requested that up to $30,000 of this budget be allocated for street striping, including crosswalks, stop bars, and outlining. It was suggested that epoxy striping and pre-formed markings be used downtown due to the life expectancy (approximately four years), reflectivity and esthetics. It is further suggested the purchase of these products be sole sourced through In-Line Traffic Marking Company because of their consistent price structure. The Committee recommends up to $30,000 of the $200,000 for street overlay be allocated to street striping. Administrator Klaphake noted that the allocation of this money will not alter the number of streets budgeted for overlay, because the less expensive slurry seal process is being used in many areas. Sievers noted that three streets planned for overlay will be delayed awaiting completion of construction in the area and not budget restrictions. Administrator Klaphake requested Public Works Staff negotiate with CDOT to remark: (1) the Hwy. 36 bridge area, allowing both lanes r of traffic access to downtown, and (2) the parking stalls in front of Bond Park on Elkhorn Avenue to prohibit double parking. REPORTS The Committee reviewed the Customer Service Response Report for May. National River Clean-Up Update: Superintendent Speedlin noted that the project was expanded this year and reported the participation of 300+ volunteers and 40 organizations. Town staff included Linnane, Speedlin, Goehring, Hulburt, and Franklin. The Town donated trucks and A-1 Trash donated two dumpsters. Chairman Doylen commended all participants for their efforts toward a successful river clean-up and the Parks Department for landscaping. 8//0/0//PUBLISHINGCO RECORD OF PROCEEDINGS Public works Committee, June 2/, 1996 - Page 3 Highway 7, Highway 34, Elkhorn Overlay Projects Update: Town Staff continues to meet weekly with CDOT to review the status of the Highway 34 project. The undergrounding is complete and paving is planned for June 26. Steamer Dr. will remain closed until paving and markings are in place in the area. Construction updates are faxed directly to the Highway 34 businesses. Trustee Barker - commended the contractor for both cooperation and the willingness to work with the business community. The utility engineering study for Highway 7 will be complete July 31, which will allow subsurface utility work to be started prior to the State widening project. Chairman Doylen adjourned the meeting at 9:17 a.m. -1-L.. K.-,10 Tina Kuehl, Deputy Town- Clerk i. BRADFORDPLIBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee July 3, 1996 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: Chairman Doylen and Trustee Marshall Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Special Events Director Hinze, Museum Director Kilsdonk, Advertising Manager Marshal, Clerk O'Connor Absent: Trustee Barker Chairman Doylen opened the meeting at 8:02 a.m. COMMUNITY DEVELOPMENT: 1996 Advertising Report. Staff reviewed two feature articles: New Orleans "Times-Picayune" Travel Section "Front door to the Rockies", June 23, 1996 edition, and Chevron's Travel Club's Summer 1996 "Odyssey" Magazine "Beyond the Blisters...A Mother/Son Adventure in the Rockies" which included mention of the Colorado Mountain School and Colorado Bicycling Adventures. The Times-Picayune article generated immediate phone response Sunday afternoon, and contact is made with the Chamber of Commerce, Peter Marsh or Sally Anderson. Betterment Poster and Tent Cards - Manager Marsh presented copies of the new Betterment Poster entitled "Come for the Show, Estes Park in the Fall" with the photo being a bull elk during bugling season. The posters (1,000) and tent cards (5,000) will be distributed locally. This program is the first step in taking advantage of the visitor population during the summer season, reminding them to return in the Fall. If the program is successful, it may be expanded in the future. Manager Marsh serves in an advisory capacity for the Betterment Committee Business Advocates - Manager Marsh has been asked to serve on the Business Advocates Steering Committee (advisory capacity) . He and Administrator Klaphake will also serve (advisory capacity) on the Advocates' Intercept Survey Development. This will provide an opportunity for those conducting various surveys/research to meet and discuss, thus eliminating duplication of information, as the Advocates are surveying downtown shoppers on the street, while the conversion study does market research on who is reached through advertising. All surveys will stay within their area of expertise and coordinate their efforts. Sally Anderson reported that the Colorado Traveland Tourism Authority is in high gear, and the new director has requested information from Estes Park. Ms. Anderson responded immediately and she is building a rapport with the Authority. Representative from the Fox television station will be in Estes Park in September, they are seeking unusual stories, and Ms. Anderson is assisting in this regard. MUSEUM DEPARTMENT. The Museum' s "home page" entered the internet on Sunday, June 30, the address is http://estes/on-line.com/epmuseum/. Lee Lasson is donating web space and Mike Molloy is working with David Seiner from the Advisory Board to setup and maintain the site. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee - July 3, 1996 - Page 2 Copies of the new Museum brochure, designed by George Edwards, were presented. Three events, in connection with the Big Thompson Flood 20th Anniversary, are: Retrospective: The Thompson Flood, David McComb, July 25; July 31, Remembrance Ceremony, Chapel of the Interlude/Drake; and Survivors, Reporters and Rescuers, August 1. The Museum Friends are holding their 5th Annual Riverside/Darkhorse Remembered Dance on July 27th. Director Kilsdonk has been asked to serve on the Board of the new Stanley Hotel Museum. The Museum will be located on the Hotel's lower level and is a cooperative venture with the Stanley Museum in Maine. Administrator Klaphake commended the Director for joining this group. Outreach also includes the MacGregor Ranch Museum/Eric Adams, Manager, and their important role in Estes Park's history. The Director served on a panel of a Historic Preservation Forum on June 26 at the Stanley Concert Hall, along with representatives from the National Trust, Rocky Mountain Nature Association, RMNP, and the Colorado Historical Society. The forum discussed the shared architectural history of the National Park, the Estes Park area, Grand Lake, and the need to identify and preserve historically significant structures. The Advisory Board has initiated a Needs Prioritization Committee to develop a "needs/wish list" by category which will be used when memorial funds or other financial gifts are received. The Museum will use a $2,500 donation given to the Museum Friends by the Fentress-Brown Foundation to purchase a VCR and setup a video library of 35 mm movies dealing with Estes Park. The movies will be available to the public. Staff reported that the Director will also participate on obtaining local historical designation for the Fall River Hydro Plant. SPECIAL EVENTS DEPARTMENT. Jo Adams. Vice President/Rooftop Rodeo Committee, reported on the upcoming 70th Annual Rooftop Rodeo, July 9-14 and Western Heritage Days, July 13 and 14. Ms. Adams encouraged the Committee to attend all events and presented each Committee member with a Western Heritage T-Shirt. Events for the Buckaroo Day Kickoff, Tuesday, July 9th were also reviewed. The Annual Parade has been moved to Saturday, July 13 and Administrator Klaphake is seeking volunteer Town staff to assist with traffic control, etc. A contingency plan has been set into place should the Liveryman's Race (Rodeo pre-show event) not occur. Anyone wishing to assist the Rooftop Committee with rodeo events, were asked to contact the Special Events Department. The Committee commented on the new brochure which has been significantly improved. Special Events - Critique: Director Hinze evaluated the following special events: Duck Race & Parade, May 4. Third year under the management of the Rotary Club, and a Wine and Cheese Party was added this year. A total of $63,000 was raised for local charities. The Club has decided to eliminate the parade, bike tour, and story telling events; they will focus on the race, party, and entertainment during the day in the Riverside Plaza area; the ®RADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee - July 3, 1996 - Page 3 race may also be changed to later in May. Kite Fly, May 11, Jazz Fest & Art Walk Weekend, May 11 and 12, Big Horn Challenge, June 2. Wool Market, June 6-9. This sixth year event of one of the few events that the Town sponsors. Great weather, and increased attendance and animal entries were found this year. Revenues and expenses have not yet been tabulated, however, this is very efficient event. Pursuant to the amount of event participants, it appears advertising is very effective. The Wool Market is one of the three top fiber festivals in the U.S. Sheep dog demonstrations were held this year, and they were successful. Director Hinze commended Museum Director Kilsdonk for the fiber arts exhibit, and all volunteers. Courage Classic, June 7-9, Quarter Horse Show, June 13-16, Miniature Horse Show, June 17-23, Scandinavian Festival, June 21 & 22 were also reviewed. Upcoming July Events include the Rooftop Rodeo 7/9-14, Arabian Show now occurring, the Copper Penny Horse Show, and the Silver Dollar Horse Show. 218, Chairman Doylen complimented the Trail Gazette for their recent Business Magazine publication, and adjourned the meting at 8: 51 a.m. If - Vickie O'Connor, CMC/AAE, Town Clerk 1 ....FORD.U.LISHING.O. RECORD OF PROCEEDINGS Special Planning Commission July 2, 1996 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: All Also Attending: Trustee Liaison George Hix, Director Stamey, Senior Planner Joseph, Secretary Botic Absent: None Chairman Sager called the special meeting to order at 1:00 a.m. 1. SUBDIVISION 1.a. Final Plat. Ranch Meadow Subdivision (formerly Mountain Park Subdivision and Storer Ranch Addition). West of Lone Pine Acres and North of Grand Estates. Richard H. Wille Trust/ADolicant. Applicant is requesting to subdivide 35 acres for Commercial and Residential use. Applicant's representative Bill Van Horn thanked the Commission on Mr. Wille's behalf for having this special meeting. Mr. Van Horn noted that with the help of Town Staff, construction drawings were printed/submitted and all additions and corrections requested by Staff are being made. Public Works Director Bill Linnane stated that if the redline corrections were incorporated into a Final Construction Drawing they would be ready for the Town Board Meeting. Director Stamey reported on new information since the June meeting. He read letters from Ralph Nicholas/Lone Pine Acres Association and Michael Miller. Mr. Stamey stated there is a potential for 36 units on the Raven Court cul-de-sac; the total would be reviewed/decided in a development plan. He noted there is a use by right of 9 units on each lot. Mr. Stamey noted that the Commission recommended an exception to the cul-de-sac in the approval of the Preliminary Plat, provided it be designated a private street. Mr. Van Horn stated 12 units is an arbitrary number and no concern has been expressed by the Fire Department and he gave examples of the YMCA, Windcliff/Spur 66 area. He noted that off-street parking would be available. He and Mr. Wille have accepted the Staff and Commission's position regarding the private street. Mr. Linnane stated that he disagrees with the idea of cul-de-sacs and prefers through connections because of safety, monetary and snow removal issues. Commissioner Pohl noted the Spur 66 area is in the County. Audience comments were heard from Mary Zollman, 1741 North Ridge Lane, who expressed her concern regarding an emergency such as a fire and access to the cul-de-sac. The discussion continued regarding a means to provide an emergency access corridor with concerns that no trees, rocks, berms, volunteer foliage, or fencing be in the corridor. All agreed that an access easement between Lots 27 and 28 should be added to the Plat. Said easement to be 20'- 30' in width, depending upon final drainage design. Director Stamey noted that Lots 17 and 30 also have frontage on Raven Circle, and that emergency access is available from that street as well. John Zollman, 1741 North Ridge Lane, commended the Commission for thinking of public safety and questioned how the police, fire and ambulance would be notified of the emergency access corridor. Commissioner Pohl noted that ambulance personnel are oriented to these type of accesses. Director Stamey noted that when a subdivision I.A.FOR. PUILISHING CO. RECORD OF PROCEEDINGS Special Planning Commission - July 2, 1996 Page 2 is added, the building official prepares an address map which is available to the public. Mr. Stamey stated that a drainage maintenance note will need to be added to the Plat (facilities to be privately maintained) and Mr. Van Horn agreed. Ralph Nicholas, 1660 North Ridge Lane, expressed his concern regarding development along the highway, and greater setbacks to protect the Lumpy Ridge view. It was moved and seconded (Brown/Burgess) Final Plat, Ranch Meadow Subdivision, be favorably recommended to the Board of Trustees contingent upon the following and it passed unanimously. • Emergency Access Easement between Lots 27 and 28 to be added to the Plat. Easement to be 20' - 30' in width. • A note be added regarding maintenance of the private street (Raven Court). • All drainage facilities be constructed prior to issuance of the first Certificate of occupancy and privately maintained. Maintenance note to be added to the Plat. • Plat information to be added/modified. • Improvement Guarantee and Letter of Credit are required prior to Town Board approval. • Modification of construction drawings. 2. REZONING 2.a. Rezonina. Ranch Meadow Subdivision (formerly Mountain Park Subdivision and Storer Ranch Addition) Southeast % of Section 19. T5N. R72W of the Gth P.M. Rich H. Wille. Trust/ Applicant. Applicant's representative Bill Van Horn reviewed the proposed zoning. The request is to rezone major portions of the Ranch Meadow Subdivision from C-0 Outlying Commercial to R-S Residential and R-M Multiple Family, ah follows: Lots 4-15, Lots 23-39 From: C-0 To: R-S, 1&2 family; Lots 17-22, 26 & 30 From: C-0 To: R-M, multifamily. Chairman Sager read from the June 18, 1996 minutes, "Chairman Sager complimented applicant on changing Lot 4 from C-0 to R-S and requested further consideration of the northern portion of Lot 16. Mr. Van Horn noted this has been considered and Lot 16 would remain C-0. Chairman Sager expressed his regret and stated he would be opposed until Lot 16 is so designated." He emphasized his continued objection to the northern portion of Lot 16 remaining C-0. Director Stamey suggested looking at Lot 16 independently noting it could be divided to match the south lot line of Lot 4. There would still be a potential for nine dwelling units on Lot 16, with a loss of 2 dwelling units. Commissioner Brown asked what types of mitigation could occur between Lot 16 (Commercial) and Lot 4 (residential). Director Stamey reviewed items that could be examined under Development Plan review. Mr. Van Horn stated that Mr. Wille would be willing to add a note to the Plat that any development on Lot 16 would be required to go through Development Plan review. Commissioner Brown also suggested increased landscaping in this area, with consideration for building height and design such as the Aspenwood Professional Building which has a residential appearance. I BRADFOROPUSLISHINGCO RECORD OF PROCEEDINGS Special Planning Commission - July 2, 1996 Page 3 Director Stamey reviewed the Staff report, recommended approval of this request emphasizing that the change provides for better land use compatibility for the neighborhood, and that multi-family development would be subject to Development Plan review. Mr. Stamey received confirmation from the applicant that the covenants would prohibit outside storage on Lot 16. The applicant agreed to add such a note to the Plat. Mr. Van Horn stated that covenants would address outside storage on the other commercial lots. No audience comments were heard. It was moved and seconded (Brown/Thomas) the Rezoning of Ranch Meadow Subdivision (formerly Mountain Park Subdivision and Storer Ranch) Southeast 4 of Section 19, T5N, R72W of the Gth P.M. be favorably recommended to the Board of Trustees, and it passed unanimously. As agreed upon by the Applicant (Mr. Wille) and the Commission, the following notes will be added to the Plat: 1. Any development on Lot 16 will be subject to Development Plan review. 2. Outside storage is not permitted on Lot 16. 3. REPORTS Chairman Sager received a letter from Mr. Nicholas regarding the portable toilet on the "Ark" property and asked if it was still on the property. Mr. Nicholas answered yes and Chairman Sager noted that this does not appear to be temporary and regrets that this has occurred. Director Stamey noted John Allman has been requested to advise the Property Owners this is not acceptable. There being no further business, Chairman Sager adjourned the meeting at 2:40 p.m. L,#AL-<~) L7643 Roxanne S. Botic, Recording Secretary . IMADFORCIPUBLISHING .0. RECORD OF PROCEEDINGS Board of Adjustment July 2, 1996 Board: Acting Chairman Pauley, Members Barker, Baudek, Newsom, Sager Attending: Acting Chairman Pauley, Members Newsom, Sager Also Attending: Town Administrator Klaphake, Building Official Allman and Secretary Botic Absent: Members Barker and Baudek Acting Chairman Pauley called the meeting to order at 8:02 a.m. MINUTES The minutes of the May 7, 1996 meeting were accepted as presented. ELECTION OF OFFICERS It was moved and seconded (Sager-Newsom) to postpone the election of officers until the next meeting when all acting Board Members could be present, and it passed unanimously. Chairman Pauley continued to Chair the meeting. GRAND ESTATES SUBDIVISION. LOT 34. 1560 BIG THOMPSON AVENUE, MARK AND CAROL HOUSE/APPLICANT - REOUEST FOR VARIANCE FROM SECTION 17.66.300 #2 OF THE MUNICIPAL SIGN CODE WHICH ADDRESSES THE SETBACK OF FREESTANDING SIGNS. Jerry Palmer, applicant's representative, explained he had produced the digital graphics of the proposed sign which would be constructed on an existing base. He further explained the cost would be extremely prohibitive to remove the old base. In response to Member Sager's question regarding parking in the front of the property, Mr. Palmer noted he was at this meeting to speak to the sign issue. He stated the owners may have recognized the parking problem and know they may lose the north parking area, however, other areas are available and have been the same for approximately thirty years. Building Official Allman noted the proposed sign is not a site hazard and is approximately seven feet from the lot line instead of eight feet as code requires, and he recommended approval. He noted there is a unique buffer zone and credited the petitioner for making every effort to be compliant. It was moved and seconded (Newsom-Sager) the sign variance be granted for 1560 Big Thompson Avenue, Lot 34, Grand Estates Subdivision, and it passed unanimously. NATIONAL PARK VILLAGE SOUTH. 900 MORAINE AVENUE. LOT 7, BEAVER POINT SECOND ADDITION. SCOTT WEBERMEIER/APPLICANT -- REQUEST FOR VARIANCE FROM SECTION 17.66.300#2 OF THE MUNICIPAL SIGN CODE WHICH ADDRESSES THE NUMBER OF FREESTANDING SIGNS. Applicant is proposing to erect a monument sign in place of a freestanding sign and place signage on the gas station canopy. Town Administrator Klaphake reviewed the history and stated that the Sign Code was not written for a shopping center/multi-use type of property and noted this type of case has come before the Town Board and the Board may do what is reasonable until such time as the code is rewritten to address this type of situation. Administrator Klaphake noted there are four types of business at this property which could be interpreted as two signs per building which would allow 300 square feet rather than 150 square feet. He expressed concern with minimized identification on the canopy and that the lighting from the canopy be cast down to correspond with street lights in the Beaver Point area. BRADFORD PUSLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment July 2, 1996 Page 2 Applicant Webermeier reported the sign application was submitted 7/1/96 noting the new sign will replace the current Sinclair sign and the same location will be used on Marys Lake Road, parallel to Marys Lake Road in an east/west format. The proposed canopy will be 72' x 24' x 4' for a total of 792 square feet. The capsule signs will be 8' x 2.5'. He will be using a monument base and he is attempting to minimize the visual impact as well as realigning gasoline tanks and adding extra grade to the pumps. He is aware of the 1993 Board of Adjustment meeting with reference to the removal of the Country Supermarket sign by 1998. He would like to keep the sign, however, is aware of current expectations. Chairman Sager questioned if the new sign would interfere with the Other Side Restaurant sign. Mr. Webermeier stated it would not. Building Inspector/Zoning Administrator Allman reviewed his staff report noting the following additions/changes. He additionally noted that relating to Site Data, there are two frontages and four businesses (food, variety, gas station and restaurant). The new monument sign would be 37 sq. ft. and the new canopy capsule sign would be 40 sq. ft. which would make a total of 291 sq. ft. for proposed signs. The proposed signage would be 141 sq. ft. over the 150 sq. ft. limit allowed by the Municipal Code. The Country Market sign will need to be moved by June 2, 1998. Mr. Allman recommended this variance be approved for this site because it is a shopping area with a large lot area, noting that 300 sq. ft. of signage is not unreasonable. The Town Sign Code does not address large shopping complexes today. At some time in the future this issue must be dealt with. Member Newsom credited Mr. Webermeier for the reduction of signage and noted progress is being made. Larry Gamble, Rocky Mountain National Park, stated the Park is an adjacent property owner and expressed concern with the canopy lights. Mr. Webermeier noted that fixtures are under the canopy in a box format which is recessed. Recognizing the effort being made to comply with Sign Code, monument signs being desired over freestanding signs, and that canopy lights will be shielded, it was moved and seconded (Sager - Newsom) the variance be granted for 900 Moraine Avenue, Lot 7, Beaver Point Second Addition, and it passed unanimously. It was noted that revision of the Sign Code is being addressed by Town Administrator Klaphake. There being no further business, Acting Chairman Pauley adjourned the meeting 9:02 a.m. ~lmAAL,)43. bl13 Roxahne S. Botic, Recording Secretary 9*¢ P.O. Box 1841 Estes Park CO 80517 July 8, 1996 Stephen L. Stamey, AICP Town Board P.O. Box 1200 170 MacGregor Avenue Estes Park CO 80517 RE: Rezoning Request Buenna Vista Terrace Subdivision To: The Town Board of Estes Park We would request that you not act on the Buenna Vista Terrace Subdivision, Rezoning Request, at this time. Per the recommendation of the Planning Commission, we are in the process of canvasing all of the property owners and go back to the Planning Commission in August. Thank you for your consideration in this matter. Respectfully, - Gerald Mayo.-f ulgr_a,Li~F Suzanne Mayo •RADM•opu,LI§WINGCO· RECORD OF PROCEEDINGS Public Works Committee June 27, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Construction and Public Facilities Manager Sievers, Streets and Parks Superintendent Speedlin, Deputy Clerk Kuehl Absent: None r Chairman Doylen called the meeting to order at 8:00 a.m. HIGH DRIVE WATER DISTRICT BULK WATER AGREEMENT - APPROVAL the Town to provide bulk water to their area. The Agreement has Manager Sievers explained that the High Drive residents contacted been reviewed by Attorney White and Town Staff. The Committee recommends approval of the High Drive Water District Bulk Water Agreement. JUL-08-1996 10:57 HAMMOND, CLARK & WHITE 9706699380 7. 82 ORDINANCE NO. 14--96 AN ORDINANCE ADOPTING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE SUPPLY OF WATER TO THE HONDIUS WATER USERS ASSOCIATION, INC. WHEREAS, the Town of Estes Park has received a request from Hondius Water Users Association, Inc. ("Hondius-) to supply water to Hondius as a bulk water user; and WHEREAS, the Town has the capacity to provide such service and it is in the Town's interest to do so under certain terms and conditions; and 4 WHEREAS, the Town is authorized by its ordinances end app¢cable law to provide such water service and enter into an agreement with Hondius regard~ing such services. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF TRU~TEES OF THE TOWN OF ESTES PARK. COLORADO: 1 Section 1. The appropriate officials of the Town of Estes Park are hereby authorized and directed to execute an agreement between the Town of Estes Park and Hondius Water Users Association, Inc. in the form attached hereto as Exhibit "A" an* incorporated herein by this reference. and the terms thereof are hereby adopted by enactment of this Ordinance Section 2. The appropriate officials and personnel of the To*n of Estes Park are hereby authorized to undertake such actions as they deem necessark and appropriate to carry out the terms of the said Agreement Section 3. The adoption of this Ordinance shall take effect aid be in force thirty (30) days after its adoption and publication. I PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK. COLORADO THIS _ DAY OF . 4 996. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the _ daY of , 1996. and published in a newspaper of general circulation in the Town of Estes Park. Colorado on the day of ,1996. Town Clerk 41.A. AGREEMENT THIS AGREEMENT ("Agreement") is entered into this day of , 1996 (the "Effective Date"), by and between the TOWN OF ESTES PARK, a Municipal Corporation .(the "Town"), and the HONDIUS WATER USERS ASSOCIATION, INC. ("Hondius"). WITNESSETH: WHEREAS, Hondius has requested water service from the Town; and WHEREAS, the Town has agreed to provide water service to Hondius under the following conditions: NOW, THEREFORE, the parties hereby agree as follows: 1. Hondius anticipates that it will in the near future own a private water system which is currently serving housing and tourist facilities within the High Drive area, Larimer County, Colorado. Also, Hondius may serve additional units in the future. The obligation of the Town to provide delivery of water to Hondius for service to such additional units is dependent upon the ability of the Town to do so given its then existing delivery capacity. The Town agrees to provide Hondius with water as a bulk water user under the terms of this Agreement to serve properties that are included within the Municipal Subdistrict Northern Colorado Water Conservancy District, and the Northern Colorado Water Conservancy District. 2. Hondius shall install a service line and master meter vault connecting the Hondius' distribution system to the Town's system. The master meter, including labor costs of the Town, shall be provided by the Town but paid for and installed by Hondius. The connection of Hondius' distribution system to the Town's main initially shall be through a 2 inch tap. 3. The owners of the property to be initially served by Hondius with water under the terms and conditions of this Agreement have filed for inclusion of the property within the Municipal Subdistrict Northern Colorado Water Conservancy District and the Northern Colorado Water Conservancy District; and, in the event Hondius subsequently adds units for service, Hondius shall require the owners of such additional property to promptly file and diligently pursue the inclusion of such property within the Municipal Subdistrict, Northern Colorado Water Conservancy District. The payment of expenses of such inclusion shall be without cost to or contribution from the Town. The inception of the Town water service is conditioned upon inclusion in the conservancy districts. 4. At the time of connection of Hondius' distribution system to the Town, the system currently providing water shall be disconnected so as to prevent any cross- connection of both systems. 5. The Town shall charge, and Hondius shall pay, the "bulk water rate" for all Town water used by Hondius. Said "bulk water rate" shall include any further amendment 1 . Agreement Between Town of Estes Park and Hondius Water Users Association, Inc. or change in the "bulk water rate" by the Town. The bulk water rate charged to Hondius by the Town will be the same as the rate charged other bulk water users in the "Bulk Water (A)" rural category 6f the "Town of Estes Park Water Rates 1995 Through 1996" published by the Town, as such rates in such category may hereafter be modified. The Town shall use its best good faith efforts to cause the bulk rate charged by the Town to Hondius to continue to be reasonable in comparison to the rates charged to other users of Town water. 6. Hondius and the Town agree that Hondius' water system, including service line and meter vault, shall not become or be made part of the Town's water system. Hondius shall be responsible for all repairs to, enlargements, and maintenance of, its water system. 7. The supplying of water to Hondius' system by the Town shall be subject to all rules, regulations and ordinances of the Town of Estes Park and any amendments thereto, except where any such provisions, as amended, conflict with this Agreement, in which event this Agreement shall control. The Town may suspend the supply of water to Hondius only under either of the following conditions: a. Hondius is in default and has not cured said default as specified in this Agreement. b. By reason of scarcity in the Town's raw water supply and/or failure of the Town's treatment or transmission facilities, the Town has suspended the supply of water to other water consumers outside of the Town's limits. 8. The connection of Hondius' water distribution system to the Town's system shall be made as soon as practicable following Hondius' acquisition of the private water system. Hondius also agrees to pay all of the Town's legal expenses in the preparation and execution of this Agreement. 9. In the event Hondius desires to transfer water rights to the Town in lieu of a portion of the water right surcharge which is a part of the "bulk water rate", Hondius shall be entitled to apply to the Town, pursuant to the provisions of Section 13.38.050 of the MuAicipal Code. Hondius shall, if it so elects, apply for the transfer of its water rights within five (5) years from the Effective Date. 10. Hondius and the Town each agree to indemnify, hold harmless and defend the other and its officers, agents and employees from and against all actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorney's fees arising out of or resulting from the indemnifying party's actions and/or omissions in the performance of their respective duties under this Agreement. 2 Agreement Between Town of Estes Park and Hondius Water Users Association, Inc. 11. Time is of the essence of this Agreement, and in the event of any default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. So long as the party in default promptly commences curative efforts and diligently pursues such curative efforts, the party given notice shall be deemed to have cured such default. If said default is not cured within said ten (10) day period, or a longer period if such default cannot reasonably be cured within said ten (10) day period (and the Town acknowledges that since Hondius is an association that is required by its bylaws, in certain instances, to obtain the consent of its members prior to undertaking certain actions, Hondius may need additional time to cure certain alleged defaults), the non-defaulting party shall have the right to an action for specific performance and damages, including attorney fees and costs incurred. The Town may not terminate this Agreement for a default by Hondius, but the Town may ·suspend water service (on the same basis and for the same reasons the Town could suspend service to a resident of the Town) until such time as Hondius cures its default. 12. Hondius may, at any time and at Hondius' election, terminate this Agreement by (i) notifying the Town of Hondius' intent to terminate this Agreement; (ii) paying for all water used by Hondius to the date of termination; and (iii) disconnecting Hondius' system from the Town's system. 13. Hondius is acquiring the private water system from High Drive Water District which is the current owner of the system. The transfer of assets to Hondius is thus dependent upon action by the District, which may potentially involve the dissolution of the District. Accordingly, the obligations of Hondius under this Agreement shall not commence until such time as the private water system assets have been vested in Hondius. 14. Any notice given by one party to the other under this Agreement shall be deemed effective five (5) days following mailing with sufficient postage prepaid, and certified as follows: Town of Estes Hondius Water Users Association, Inc. R 0. Box 1200 RO. Box 1053 Estes Park, CO 80517 Estes Park, CO 80517 or at such other address as the parties may designate in writing. 15. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, as the case may be. 16. This Agreement contains the entire agreement between the parties with respect to the transaction contemplated herein, and no representations are relied upon that are not set forth herein. This Agreement may be amended only by agreement in writing, signed by both parties hereto. 3 . Agreement Between Town of Estes Park and Hondius Water Users Association, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. TOWN OF ESTES PARK, a Municipal Corporation ATTEST By: Mayor , Town Clerk HONDIUS WATER USERS ASSOCIATION, INC. ATTEST: By: E.A. Hartsook, President , Secretary 4 .4.FOROPHI.*OCO· RECORD OF PROCEEDINGS Public Works Committee June 27, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Construction and Public Facilities Manager Sievers, Streets and Parks Superintendent Speedlin, Deputy Clerk Kuehl Absent: None FUEL TANK ABANDONMENT PROJECT - APPROVAL OF AGREEMENT AND BID 1.6. Manager Sievers reported that the Agreement for the fuel tank abandonment project has been reviewed by Attorney White, Larimer County, and Town Staff. The only anticipated change is a reduction in term length. The Committee recommends approval of the general concept of the Agreement with the understanding that term length may be amended. The contract will be awarded July 10 with completion of the project by August 1. Bids received for the removal of the Fleet Maintenance facility fuel tank included demolition of the existing fuel tanks and piping/asphalt patching (Schedule A) and a unit rate price for excavation and disposal of contaminated soil (Schedule B) are as follows: Schedule A Schedule B Flint Engineering & Construction $22,254.15 $20.10/cy Allwaste Environmental $22,616.00 $32.00" Gallenstein & Associates $29,579.00 $19.75" The Committee recommends approval of the bid from Flint Engineering and Construction for $22.254.15 with a maximum budgeted expenditure w 6 -/ -'W --- ---- .... I.0.1. AGREEMENT 1 This Agreement is made and entered into thig - day of 1 1996, between the Boardof Coinit,Commissioners, tarimef~ty, Cold,ado, for 'the use and benefit of the Iarimer County Meet Services (County). and the T~wn of Estes Park, Colorado (Town). 1. RECITALS WHEREAS, the partie• to this Agreement have the authorit~ purmant to Article IX. Section 18 of the Colorado Constitution and §29-1-201, Rk ast ~CR.S. 1973. to enter into intergoverametal agreements for theputpose of providing any services or performing any function which they can perform individual# and 1 WHEREAS, the County owns and operates a vehicle fuel sit~ at 545 Elm Road in Estes Park, Cologado; and WHEREAS. the Town seeks to use the County°s fuel site to 6btain fuel for vehicles owned and/or operated by the Town; and WHEREAS, it is in the best interest of the County and Town and the County and Town agree that certain benefits will be obtained by each of them by allowing the Town to use the County' s fuel site. It. CONSIDERATION Now, therefore, in e,•*i.pratian of the mutual covenants and promises herein, the parties agree follows 1 III. TERMS 1. term. The initial term of this Agreement shall be for k period of ten years. commenciog on the first day of July, 1996. and continuing thr~ugh the 30th day of June, 2006. The Town is granted an optioa to extend this Agreemen; for a period of ten years from the expiration of the initial tenn by written notiee delivered to the County not Iess tb= 90 days prior to the expiration of the initial term. 1 2. IMCZE--7. Unleaded gasoline and #2 diesel fuel shall 6 available to the Town at the firel site. The County shall insure that adequate fuel s*lies are available at all times. 3. A€am, The Town shall have access to the fuel site 24 hours a day. The Town acknowledges and agreps that thelite is unattended and that access to fuel shall be by = electronic key system and personal ideotification numbers (PIN). The County shall provide keys to the Town necessary to operate the system. Each Town ¥ehicll shall require one key. Each us•r of the system shall provide the County with a SIX digit 40-.* .. 1 number to use as a PIN. lost keys shall be replaced at a charge of $5.00 per key. £1191 Pricing. Tbe County shall submit to the Town annually for the Town's budget purpose• a product price list Prices will be base¢ on •stimates of the highest likely price of product delivered to the site throughout the year. me actual priee eharved Aall be bused oncurrent delivered east andshall n;t ecceed the budget forecast price. A ~charge in the amount of five cents (5¢) per ~allon win be added to the cost of the fuel to cover the County' s administrative fees. Billint Tlle Colmty shall provide to the Town onor before the day of each =oth a detailed invoke showing all transactiogs and the iotal moathly charges. The Town Shall pay all invoices in full within _ days of the datd of the invoice. 6. Records. The County shall make available upoe requU by the Town all fuel transaction information generated by the fuel management sy*em. The information Shall be in the folm of electronic data or hard copy, if desired. El¢ctronic data shall be accessible through telephone modum to be provided by the Town. pata will be ina format specified by the Town for entry into its fleet management 4oftware. The Town shall De responsible for retrieving the information and providing fo¢ entry into its software. 7. Problem Notification. The Town shall notify the Coubty as soon as possible of any equipment problems, dats. transfer problems. billiI* discrepancies. and equipment or personnel changes. No dispute concerning charges owned by the Town Shall relieve the Town from paying charges which are not disputed. 1 8. TEminaligna Either party may terminate this Agreem¢at by giving the other party written notice of that party's intention to w terminate~ this Agreement provided that mtch notice 11 given at least 30 days prior tothe expiration of the then existing term of the Agreement, thereby terminating the Agreement as of the end of the current term. 1 Assignment Neither party shall assign this Agreement or any interest in or part thereof without the prior written comment of the other part9; 10. Desimiated Representatives. The designated representatives of eaa party for putposes of this Agreement are: County: ..1- .11 JUL UU-1220 ~17 -40 - TH= 11. Entirditne-ent. This Agreement embodies the entire agreement of the parties. Thepatties shall notbebound byor beliable forany statkment. representatioc.apromise not set forth herein. 12. Ameadmenti No chanies, amendments. or modificatio~s of any of the terms or conditions of this Agreement shall be valid unless reduced ~o writing and signed by both partim. 13. Amoticable Law. The laws of the state of Colorado shall be applied in the interpretatioo. execution and enforcement of this Agreement. 1 IN WITNESS WHEREOF, theparties hereto have executed this Agreement on the date first-above written BOARD OF COUNTY COA+ISSIONERS. COUNTY OF LARIMER, ST~TE OF COIDRADO 1 By: i ATrEST: 1 derk TOWN OF ESTES PARK J By: ArrEST: Town Clerk 3 11- 1 -9 6 -7-\ TOTAL P.05 -/ gmc ~ROCKYMOUNTAINCONSULTANTS. INC. 437 South St. Vrain June 17, 1996 Estes Park, CO 80517 (970) 586-2458 Metro (303) 825-8233 Fax (970) 586-2459 Bill Linnane * Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Fleet Maintenance Facility Fuel Tank Removal Dear Bill: On Monday, June 17, 1996 at 2:00 P.M. bids were opened on the Town of Estes Park Fleet . Maintenance Facility Fuel Tank Removal Project. Three bids were received on the project. The bids were as follows: Contractor Schedule "A" Schedule "B" 1 1. Flint Engineering & Const. Co. $22,254.15 20.10 cr 2. Allwaste Environmental $22,616.00 32.00 3. Gallenstein & Associates $29,579.00 19.75 - A fourth bid was received after the bid opening time and was rejected. The schedule "A" bid is for the demolition of the existing fuel tanks and piping and asphak patching. Schedule "B" is a unit rate price for excavation and disposal of contaminated soil if ~ any is encountered. Based on the bids received we recommend awarding a contract to Flint Engineering & , Construction Company for $22,254.15. ; * 2, ooo The project budget is $80,000 which includes approximately $29#00 for computer and software ~ expenses. With a construction bid of $22,254.15 this would leave a project contingency amount of approximatel~·$39,10@. , S S, 00 0 If you have any questions, please do not hesitate to call. Sincerely, Al ROCpY 79*AIN CONSULTANTS, INC. / e f M. Prochaska, P.E. h Associate Principal KMP/mas CIVIL AND ENVIRONMENTAL ENGINEERING •PLANNING 9-4 = In L e. ENGINEERS COST ESTIMATE LONE PINE DRAINAGE VAN HORN ENGINEERING 1043 FISH CREEK ROAD PO BOX 456 JULY 8, 1996 ESTES PARK, CO 80517 (970) 586-9388 DESCRIPTION UNIT UNIT ESTIMATE OFITEM QUANTITY UNIT ESTIMATE TOTAL UPSIZE TO 24" 400.00 LF 6.00 2400.00 1/3 INGREAS[ IN DITCII 400.00 Lr 5.00 2000.00 INLET 2.00 EA 800.00 1600.00 SWALE 370.00 LF 6.00 2220.00 APSHALT PATCHING 110.00 SY 22.00 2420.00 CONTINGENCY 1.00 LS 1500.00 1500.00 4l 10 140.00 TOTAL -4&44*:00- -ADFOROPUh.MING.0. RECORD OF PROCEEDINGS Public Works Committee, June 2/, 1996 - Page 2 of $80,000. It was noted that liability for any contaminated . will be the responsibility of the contractor. j RAVEN AVENUE/LONE PINE DRIVE BUDGETED DRAINAGE PRO Manager Sievers explained Van Horn Engineeri as presented a plan to the Town to share the cost of t '' project with the developer of Storer Ranch. The estimated.~ iminary survey and design cost for the Town is $3,642.50. , Committee recommends Staff finalize the costs for presentatio o the Town Board on July 9 for approval. Sievers explained that an easemen as been obtained from the Inn of Estes Park, and an easement ' expected from Sombrero Stables. Administrator Klaphake expla d that the historic flow will not change, and most of the* d nage will be underground. Coulson Construction may be reta* d for construction if unit prices are acceptable to Staff 1. 1 BIG HORN DRIVE,P ING Manager Siev explained that 9 to 12 additional parking spaces are possib along Big Horn Dr. from Spruce Dr. to Cleave St. with no physi change to the roadway, except the addition of striping and r val of the No Parking signs. The Committee recommends Sta stripe Big Horn Dr. as described to provide additional 1 ing spaces. PAVEMENT MARKING 4 .3. Manager Sievers explained that the budget includes $200,000 for i capital roadway improvements and requested that up to $30,000 of this budget be allocated for street striping, including crosswalks, stop bars, and outlining. It was suggested that epoxy striping and pre-formed markings be used downtown due to the life expectancy (approximately four years), reflectivity and esthetics. It is further suggested the purchase of these products be sole sourced through In-Line Traffic Marking Company because of their consistent price structure. The Committee recommends up to $30.000 of the $200,000 for street overlay be allocated to street striping. Administrator Klaphake noted that the allocation of this money will not alter the number of streets budgeted for overlay, because the less expensive slurry seal process is being used in many areas. Sievers noted that three streets planned for overlay will be delayed awaiting completion of construction in the area and not budget restrictions. Administrator Klaphake requested Public Works Staff negotiate with CDOT to remark: (1) the Hwy. 36 bridge area, allowing both lanes of traffic access to downtown, and (2) the parking stalls in front of Bond Park on Elkhorn Avenue to prohibit double parking. REPORTS The Committee reviewed the Customer Service Resp°11~a•~ May. National River Clean-Up Update:-Wl0*ifftendent Speedlin noted that the proj ect was expanded jAd*g--r and reported the participation of 300+ volunteers-i*io- organizations. Town staff included Linnane, Speedl/#*PO-behring, Hulburt, and Franklin. The Town donated t-j*ll--and A-1 Trash donated two dumpsters. Chairman Doy·1_2~ended all participants for their efforts toward a al/lers ful river clean-up and the Parks Department for landscaping. k.,1 PUBLIC WORKS ENGINEERING Memo To: PUBLIC WORKS COMMITTEE From: Greg Sievers CC: Bill Linnane Date: June 27, 1996 Re: Pavement Marking The 1996 budget includes $200,000 for capital roadway improvements listed as the Street Overlay project. One quarter of that has just been allocated and used for the Slurry Seal project. Staff is requesting to allocate a $30,000 portion for the application of roadway pavement markings. We propose to use Epoxy centerline striping and glue on pre-formed marking Downtown which we have found to be superior in life expectancy (approx. 4 years), reflectivity and esthetics. We wish to sole source this purchase because of the annual repetition of 1992 prices from In-Line Traffic Marking Company. At that time the CDOT worked with the Town who did the project management and installation of downtown striping. Following that bidding process In-Line was the low bidder (see attachment). Due to their annual high quality, good working relationship with the Town and conservative pricing the Public Works Department would like to proceed with purchasing and installation of Pre-Form pavement markings from In-Line Company. 66.0 • Page 1 ....Folopul...1.0 Co. RECORD OF PROCEEDINGS Special Planning Commission July 2, 1996 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thamas Attending: All Also Attending: Trustee Liaison George Hir, Director Stamey, Senior Planner Joseph, Secretary Botic Absent: None Chairman Sager called the special meeting to order at 1:00 a.m. A¢ SUBDIVISION 1-*ff tinal Plat. Ranch Meadow Subdivision (formerly Mountain Park Subdivision and Storer Ranch Addition). West of Lone A.A. Pine Acres and North of Grand Estates. Richard H. Wille Trust/Applicant. Applicant is requesting to subdivide 35 acres for Commercial and Residential use. Applicant's representative Bill Van Horn thanked the Commission on Mr. Wille's behalf for having this special meeting. Mr. Van Horn noted that with the help of Town Staff, construction drawings were printed/submitted and all additions and corrections requested by Staff are being made. Public Works Director Bill Iii_nnane stated that if the redline corrections were incorporated into a Final Construction Drawing they would be ready for the Town Board Meeting. Director Stamey reported on new information since the June meeting. He read letters from Ralph Nicholas/Lone Pine Acres Association and Michael Miller. Mr. Stamey stated there is a potential for 36 units on the Raven Court cul-de-sac; the total would be reviewed/decided in a development plan. He noted there is a use by right of 9 units on each lot. Mr. Stamey noted that the Commission recommended an exception to the cul-de-sac in the approval of the preliminary Plat, provided it be designated a private street. Mr. Van Horn stated 12 units is an arbitrary number and no concern has been expressed by the Fire Department and he gave examples of the YMCA, Windcliff/Spur 66 area. He noted that off-street parking would be available. He and Mr. Willa have accepted the Staff and Commission's position regarding the private street. Mr. Linnane stated that he disagrees with the idea of cul-de-sacs and prefers through connections because of safety, monetary and snow removal issues. Commissioner pohl noted the Spur 66 area is in the County. Audience comments were heard from Mary Zollman, 1741 North Ridge Lane, who expressed her concern regarding an emergency such as a fire and access to the cul-de-sac. The discussion continued regarding a means to provide an emergency access corridor with concerns that no trees, rocks, berms, volunteer foliage, or fencing be in the corridor. All agreed that an access easement between Lots 27 and 28 should be added to the Plat. Said easement to be 20'- 30' in width, depending upon final drainage design. Director Stamey noted that Lots 17 and 30 also have frontage on Raven Circle, and that emergency access is available from that street as well. John Zollman, 1741 North Ridge T.ne, commended the Commission for thinking of public safety and questioned how the police, fire and ambulance would be notified of the emergency access corridor. commissioner Pohl noted that ambulance personnel are oriented to these type of accesses. Director Stamey noted that when a subdivision ¢4 Hlkill /UILIWING CO· RECORD OF PROCEEDINGS Special Planning Commission - July 2, 1996 Page 2 is added, the building official prepares an address map which is available to the public. Mr. Stanley stated that a drainage maintenance note will need to be added to the Plat (facilities to be privately maintained) and Mr. Van Horn agreed. Ralph Nicholas, 1660 North Ridge Lane, expressed his concern regarding development along the highway, and greater setbacks to protect the Lumpy Ridge view. It was moved and seconded (Brown/Burgess) Final Plat, Ranch Meadow Subdivision, be favorablY recommended to the Board of Trustees contingent upon the following and it passed unanimously. • Emergency Access Easement between Lots 27 and 28 to be added to the Plat. Easement to be 20' - 30' in width. • A note be added regarding maintenance of the private street (Raven Court). • All drainage facilities be constructed prior to issuance of the first Certificate of Occupancy and privately maintained. Maintenance ncite to be added to the Plat. • Plat information to be added/modified. • Improvement Guarantee and Letter of Credit are required prior to Town Board approval. • Modification of construction drawings. ,~ADFORC, pu,„~MING co. RECORD OF PROCEEDINGS Special Planning Commission - July 2, 1996 Page 3 -20.<- REZONING 9·MCIRezoning. Ranch Meadow Subdivision (formerlv Mountain Park Subdivision and Storer Ranch Addition) Southeast 9 2. 6- of Section 19. TSN. R72W of the 6th P.M. Rich H. Wille. • Trust/ Applicant. Applicant's representative Bill Van Horn reviewed the proposed zoning. The request is to rezone major portions of the Ranch Meadow Subdivision from C-0 Outlying Commercial to R-S Residential and R-M Multiple Family, as follows: Lots 4-15, Lots 23-39 From: C-O To: R-S,1&2 family; Lots 17-22, 26 & 30 From: C-O To: R-M, multifamily. Chairman Sager read from the June 18, 1996 minutes, "Chairman Sager complimented applicant on changing Lot 4 from C-0 to R-S and requested further consideration of the northern portion of Lot 16. Mr. Van Horn noted this has been considered and Lot 16 would remain C-0. Chairman Sager expressed his regret and stated he would be opposed until Lot 16 is so designated." He emphasized his continued objection to the northern portion of Lot 16 remaining C-0. Director Stamey suggested looking at Lot 16 independently noting it could be divided to match the south lot line of Lot 4. There would still be a potential for nine dwelling units on Lot 16, with a loss of 2 dwelling units. Commissioner Brown asked what types of mitigation could occur between Lot 16 (Commercial) and Lot 4 (residential). Director Stamey reviewed items that could be examined under Development Plan review. Mr. Van Horn stated that Mr. Wille would be willing to add a note to the Plat that any development on Lot 16 would be required to go through Development Plan review. Commissioner Brown also suggested increased landscaping in this area, with consideration for building height and design such as the Aspenwood Professional Building which has a residential appearance. Director Stamey reviewed the Staff report, recommended approval of this request emphasizing that the change provides for better land use compatibility for the neighborhood, and that multi-family development would be subject to Development Plan review. Mr. Stamey received confirmation from the applicant that the covenants would prohibit outside storage on Lot 16. The applicant agreed to add such a note to the Plat. Mr. Van Horn stated that covenants would address outside storage on the other commercial lots. No audience comments were heard. It was moved and seconded (Brown/Thomas) the Rezoning of Ranch Meadow Subdivision (formerly Mountain Park Subdivision and Storer Ranch) Southeast & of Section 19, T5N, R72W of the 6th P.M. be favorably recommended to the Board of Trustees, and it passed unanimously. As agreed upon by the Applicant (Mr. Wille) and the Commission, the following notes will be added to the Plat: 1. Any development on Lot 16 will be subject to Development Plan review. 2. Outside storage is not permitted on Lot 16. '-0~0.0 'U#.%- CO. RECORD OF PROCEEDINGS -- Planning Commission - June 18, 1996 Page 2 ,@•f' SPECIAL REVIEW/DEVELOPMENT PLAN 3048 SPECIAL REVIEW 96-4/Develoment plan. Tone Tree Village Aot 5. Manford Addition. Simpson Housing._Limited Amplicant. Chairman Sager opened the public hearing. This Partnershin/Loveland--Hmlliag...22111emnmnt-*GRIPTIatign. application is for a multifamily development with 57 units in eleven two story buildings. Applicant's representative Scott Mcfadden stated that also in attendance were Kerry Prochaska of Rocky Mountain Consultants and Eli Fishkin, project architect. Mr. McFadden reviewed the affordable housing history and stated his office has extensive experience with this type of project. After reviewing the site area and specifications, some improvements have been made to the plan. Clusterboxes will be at the Manford entrance so that people may pick up their mail and continue throtigh the area to park. This gives the manager a view of who is coming and going. There will be a large play area with turf grass, tot-lot cabana, and individual entrances to each unit contributing to a high quality living environment. Senior Planner Joseph reviewed the staff Report, noting there have been several discussions between applicant, Public Works and Community Development staff. Drainage issues have been resolved, a landscaping plan has been submitted on a separate sheet. Staff is requesting shrub and tree quantities be added to the planting plan, a five-foot sidewalk be provided along the full length of Community Drive connecting to cross walk locations at both Graves and Manford, six foot wide sidewalks be provided along the parking areas to allow for vehicle overhang, and a note be added on the plan to describe the exterior lighting. There is anexisting gravel driveway which serves an adjacent property and it would be desirable to resolve this through an easement agreement. Public Works Director Linnane's memo noted the developer should construct a drainage ditch, from the proposed discharge point north of Manford Avenue on the northeast corner of the site to the existing ditch at the southeast corner of the Fairgrounds property. This will be a joint effort with the Town providing a backhoe and relocating a power pole if necessary. Audience comments were heard from Kay Norton Haughey who was representing the Estes Valley Improvement Association Board of Directors. Mrs. Haughey read a letter from the Board in support of the Lone Tree Village project. Austin Condon, 1849 Ranch Circle, stated there is a need for affording housing in Estes Park. David Habecker expressed his support of the project. He was representing Dr. Rick Dill who has a veterinary facility west of the proposed project. The veterinary facility plans to expand a kennel in the future which will be closer to the housing project. He stated regarding the kennel, that dogs will bark when they are outside. This problem will not be substantial as dogs will not be out at night, however, they will be out during part of the day. He requested consideration for future expansion and prior commitments made by the Commission when the original veterinary facility was approved. f : 6 ....Folopul'll.1...... RECORD OF PROCEEDINGS Planning Commission - June 18, 1996 Page 3 There were no further comments and Chairman Sager declared the public hearing closed. Commissioner Brown requested Mr. Mcfadden address Dr. Dill's concerns. Mr. McFadden noted Rich Widmer, Assistant Town Administrator, had previously voiced these concerns to Mr. McFadden and additional soundproofing to minimize the impact such as additional insulation would be added and there would be no windows in the west wall of the end unit at the northwest corner. Commissioner Brown suggested transferring supervision to staff and the development group regarding insulation, soundproofing and additional landscaping at the west and. north property lines. Commissioner Thomas noted he had similar concerns with the fairgrounds as their loud speakers are aimed at the grandstand and questioned if this has been taken into consideration as there will be people who will need to sleep during the day and he would like to see additional landscaping and a vegetative berm to help reduce this problem. Mr. McFadden noted the landscaping plan was designed before the entrance to the development was changed and they are not opposed to changing the landscaping plan. Mrs. Haughey affirmed Commissioner Thomas' concerns and encouraged substantial vegetation and suggested a privacy fence between Dr. Dill' s property and the development to protect children and dogs. It was moved and seconded (A. Hix/Burgess) Special Review #96- 4/Development Plan for Lot 5, Manford Addition, Lone Tree Village, be favorably recommended to the Board of Trustees contingent upon the following and it passed unanimously. • Agreement is reached with public Works regarding the Drainage Plan and construction of off site drainage swales. • Plant quantities be added to the Plan. • Lighting note be added to the Plan. • Sidewalk widths be adjusted per Staff Recommendation. • Sidewalk be extended along the full length of Community Drive.