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HomeMy WebLinkAboutPACKET Town Board 1997-06-10Prepared 6/05/97 *Revised 6/6/97 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, June 10, 1997 7:30 p.m. AGENDA Acknowledgment of Award: Public Works Director Linnane will acknowledge receipt of the Starburst Award to the E.V.R.P.D., Larimer County, and the Town of Estes Park for the Lake Estes Trail. 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. CONSENT CALENDAR: 1. Town Board Minutes dated May 27, 1997. 2. Bills. 3. Committee Minutes: A. Community Development, June 5, 1997. ACTION ITEMS: 1. Utility Easement, Grey Fox Estates: A. Vacation Ordinance #10-97 - Approval. B. Deed of Dedication - Authorize Mayor's signature. C. Agreement between Jack Ott and the Town - Approval. 2. *Highway 7 Street Lighting Project - Authorization to Award Project. 3. Public Hearing: Amended Plat of Lots 1 and 2, Lee & Alps Addition, and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, Lynn W. Kinnie and Town of Estes Park/Applicant (continued from 5/13/97). 4. Public Hearing: Special Review #97-2 for Lots lA and 5A, Amended Plat of Lots 1 and 2, Lee & Alps Addition, and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, Lynn W. Kinnie/Applicant (continued from 5/13/97). 1 5. *Public Hearing: Nytes Replat of a Portion of Lot 37, White Meadow View Place Addition, Steve R. & Barbara J. Nytes/Applicant (continue to 7/8/97). 6. Public Hearing: Beaver Point, Third Addition Annexation (continued from 5/13/97): A. Resolution #6-97 - Annexation Resolution. B. Ordinance 08-97 - Annexation Ordinance. C. Ordinance #9-97 - Zoning Ordinance. 7. Town Administrator's Report. A. TABOR Calculations. B. General Fund Cash Flow. 8. Adjourn. NOTE: Due to scheduling conflicts, the Town Board Meeting scheduled Tuesday, June 24, 1997 has been canceled. 2 Town of Estes Park, Larimer county. Colorado, May 27, 1997 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 27 day of May, 1997. Meeting called to order by Mayor Robert L. Dekker. Present: Mayor Robert L. Dekker George J. Hix Mayor Pro Tem Susan L. Doylen William J. Marshall Jeff Barker J. Donald Pauley o John Baudek Also Present: Gary F. Klaphake, Town Administrator Deputy Clerk Kuehl Absent: Gregory A. White, Town Attorney Mayor Dekker called the meeting to order at 7:32 p.m. PUBLIC INPUT. No public input. CONSENT CALENDAR. 1. Town Board Minutes dated May 13, 1997. 2. Bills. 3. Committee Minutes: A. Public Works, May 22, 1997. B. Planning Commission, May 20, 1997 (acknowledgment only). It was moved and seconded (Hix-Pauley) the consent calendar be approved, and it passed unanimously. ACTION ITEMS. 1.A. Lake Front St. & Parking Lot Reconstruction . - Approval of Budget Expenditure. Public Works Director Linnane explained the budget contains $55,000 for paving of the Fisherman's Nook Parking Lot including the portion of Lake Front St. at the entrance to the lot next to the Lake Estes Trail. This design has been approved by Staff and EVRPD. To complete this project by July 4, Staff requested a design-build contract and contacted Connell Resources to supply unit prices. Connell has provided competitive, quality work on many Town projects during the past eight years. Administrator Klaphake noted this area, included in the negotiations for the Fire Station location, belongs to the Bureau of Reclamation. The Town agreed to pave the lot, and the Recreation District will maintain the lot, including snow removal. Trustee Doylen added the design includes drainage improvements and three handicapped parking spaces, which exceed the ADA requirements. Per Trustee Hix's suggestion, street lights will be included in this project. It was moved and seconded (Marshall-Pauley) the agreement with Connell Resources be approved for $49,560, plus contingency equal to $55,000 for construction of the parking lot on Lake Front St. and Lake Estes.Trail, and it passed unanimously. 1.B. Parks Dept. Vehicles - Approval of Budget Expenditure. Director Linnane requested approval for the purchase of two vehicles: a Cushman three-wheel truckster and a Cushman four- wheel drive truck. Bids were received from the only Cushman Board of Trustees - May 27, 1997 - Page 2 franchised dealer in the area, L.L. Johnson Distributing Co.: Bid Budget 3-wheel Truckster $12,604.00 $13,500.00 4-wheel drive truck $18,818.00 $19,500.00 with Trade-in $ 1,800.00 Due to the minimal trade-in on the truckster, the current truckster will be retained and retrofitted with a spreader box and sprayer. Parks Supt. Speedlin presented the requirements for these vehicles, including horsepower, payload, and maneuverability. After comparison with similar styles and models, it was concluded that Cushman produced the specialty vehicles required. It was moved and seconded (Doylen-Hix) the purchase of the turf truck at $12,604.00 and the full cab truck at $18,818.00, less $1,800.00 trade-in, from L.L. Johnson Distributing be accepted, and it passed unanimously. 1.C. Water Dept. Policy and Procedure Manual - Approval. Director Linnane reported that the Water Dept. Policy and Procedure Manual consists of items removed from the Municipal Code in an effort to streamline the Code. The proposed manual was reviewed noting some of the proposed changes. It was moved and seconded (Barker-Hix) the Water Dept. Policy and Procedure Manual be approved and adopted by reference during the Municipal Code revision process, and it passed unanimously. Administrator Klaphake explained that each department head is responsible for keeping manuals current, and that official copies of all manuals will be located in the Town Clerk' s office. 1.D. Street Dept. Chip Seal - Request to Proceed with Test Proiect. Director Linnane requested the 1997 Street Improvement Project include a 21,500 sq. yd. test of Chip Seal on the following streets: Aspen Ave., Castle Mountain Rd., Driftwood Ave., First St., Fourth St., Hillside Ln, and Park View Ln. Chip Seal has been used in the past, and provides extra traction using a larger rock aggregate size. Technology improvements in this process have eliminated the flying rock problem through a fogseal process which bonds the rock to the asphalt. Bids were requested from three contractors including Bestway Paving and Western Mobile, and one bid was received from A-1 ChipSeal Co., Broomfield. Original price was $1.40 sq. yd. and negotiated to $1.10 per sq. yd., which is competitive with slurry seal. The work will be completed by late June. It was moved and seconded (Doylen-Hix) the bid from A-1 ChipSeal Co. for $23,650 be accepted, and it passed unanimously. The remaining budget, $73,650, will include the overlay portion of the Street Improvement Project in September. 2. Estes Park Senior Center Renovation - Grant Award Submittal. Mayor Dekker reported a letter of intent was submitted to the State of Colorado for renovation Of the Senior Center. Trustee Marshall, the Board's liaison to the Senior Center, reported that the request was for $150,000. The State confirmed they may grant $100,000, which is to be matched by the Town and the Senior Center for a total of $300,000 (actual dollar share will be defined at a later date). Total cost of the project, including furnishings and kitchen, is estimated to be $400,000 to $450,000. Administrator Klaphake added that the grant is contingent upon the submittal of the proper grant application and the scheduling of public hearings. Work cannot begin until these requirements are met. Mayor Dekker commended Senior Center President Don Tebow, Trustee Marshall, and Administrator Klaphake for their diligence in pursuing this grant. Board of Trustees - May 27, 1997 - Page 3 3.A. Special Event Liquor License Permit filed by American Legion Post 119. Administrator Klaphake noted this application was in order. It was moved and seconded (Doylen-Hix) the Special Event Permit for July 4, 1997, be approved, and it passed unanimously. 3.B. Special Event Liquor License Permit filed by the Lions Club. Administrator Klaphake noted this application was in order. It was moved and seconded (Hix-Doylen) the Special Event Permits for July 8, 12, & 13, 1997, be approved, and it passed unanimously. 4. Town Administrator's Report. The June 10 meeting will include several public hearings, and the June 24 meeting is canceled. The Fire Station construction contract remains open pending minor change orders and warranty work along with the landscaping. Trustee Hix announced his completion of the Citizen Police Academy, commended the Police Department for their efforts both on the street and in the classroom, and urged all citizens to participate in this valuable program. Trustee Marshall received CPR certification through classes offered by the Fire Department, and -7 recommended involvement in this life-saving training. Mayor Dekker adjourned the meeting at 8:12 p.m. Mayor Deputy Town Clerk aRADFOROPUILISHINGCO. RECORD OF PROCEEDINGS Community Development Committee June 5, 1997 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: All Also Attending: Directors Kilsdonk and Stamey, Advertising Mgr. Marsh, Clerk O'Connor Absent: Administrator Klaphake Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT. 1997 Advertising Report. Advertising Manager Marsh reported that David Thomas, Executive Director of the Estes Park Chamber Resort Association has been appointed to the Advertising Policy Committee (replaced Boschen). Requests for information are down 1.6% as compared to 1996; the 800 Line calls are down 10.7% as compared to 1996. Tourism throughout Colorado has declined due to the demise of the Colorado Tourism Board. changes Mve been made to the Virtual Visitors Guide, effective April 20 , results are as follows: • 1997 May only - E-mail responses equaled 542 which compares to the 1996 total year E-mail responses of 440. • The total year-to-date May 30, 1997 E-mail responses = 905. • The 12-month projected E-mail responses are 6,500. • E-mail, as a percentage of initial home page accesses, has increased from 1.4% in 1996, to 4.6% in May of this year. Staff has also changed a heading on the home page, which takes advantage of a web-bot which is an electronic robot that cruises the website and selects key words to be used by many search engines on the web. Sally Anderson, Market Reach, reported on "A Story in the Making" which concerns the Travel Editor of the Houston Chronicle. Market Reach has been supplying information to this Editor for the past ten years and he is now planning a driving trip to Colorado the end of July to do a story on Colorado destinations. Hopefully, Estes Park will receive a prominent place in the story using the information and photos supplied by Market Reach. The story will most likely run in the Fall. Quoting Ms. Anderson, "Patience and persistence do pay off." The Committee commended both Mgr. Marsh and Ms. Anderson for their efforts. MUSEUM. Director Kilsdonk reported that an Ice Cream Social is scheduled today at 3: 00 p.m. for the "Tracks in Time" Exhibit renovation. The public opening reception is June 7 from 4:00-7:00 p.m.; this reception is being sponsored by the Stanley Hotel. The reception acknowledges the project's major donor, Mrs. Ruth Smith, other donors and contributors, and volunteers-Trustees were urged to attend. June 20 is the opening date for the summer exhibit "Motoring in the Estes Valley", and a joint reception with the Art Center of Estes Park is planned. BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - June 5, 1997 - Page 2 SPECIAL EVENTS. Roo f top Rodeo Report. Roo ftop President Adams reported on the 1997 Rooftop Rodeo events: Buckaroo Day, July St in Bond Park which is the kickoff for Rodeo Week with games, parade (on Park Ln.), free hotdogs and cokes, and other activities for kids. Six nightly PRCA rodeos including the return of the Liverymen's Races and Wild Horse Races. A new event is Mutton Bustiri' which is f or kids ages 5-8. Kids will attempt to ride sheep for a specified amount of time and prizes will be awarded. ·Two rodeo dances are planned with The Rogues performing July 11 th and Woodie Procell th and The Snowy River Band performing July 12 . Western Heritage Days, a Festival of the Old West, is scheduled July 12 and 13 from 11:00 a.m. to 5:00 p.m. The lineup includes the Southern Plains Indians, Mountainmen, Shady Ladies of the Central City Motherlode, Cowcamp, Gold Panning, Mexican Charros and Mariachi Band, Pony Rides & Petting Zoo, MacGregor Ranch, Mini-Train, and Food and Sales Vendors. New editions include: (1) the Rooftop Cowboy Jubilee where Rockin' Double D Productions will be presenting professional Cowboy Musicians & Singers, Storytellers and Cowboy Poets continuously on the main stage; (2) Home Remedies used in the Pioneer era, and (3) demonstrations on the training of wild horses for the BOR Wild Horse & Burro Adoption Program Top Hands Report. Top Hands President V. O'Connor announced the "5th Annual Cowboy Gathering" scheduled June 20 at the Fairgrounds. The event features Liz Masterson and Sean Blackburn, Bill Barwick, and Chuck Larsen. Everyone was invited to join in on an evening for humor, western music, and cowboy poetry. Tickets are available at the Fairgrounds Office. Top Hands is also presenting: (1) a Western Gun & Collectibles Show July 12 and 13 in the Faiffrounds Exhibit Building, and (2) a Kickoff Barn Dance on July 8 in Barn W following the rodeo performance. The Band is Dani and The Panhandlers. There being no further business, Chairman Doylen adjourned the meeting at 8:41 a.m. ~LU 0 - 82»u-,J Vickie O'Connor, CMC/AAE, Town Clerk .....0/0 P.0/15.ING CO· RECORD OF PROCEEDINGS - Public Works Committee May 22, 1997 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Water Superintendent ' Goehring, Facilities Manager Sievers, Parks Supt. Speedlin, Parks Dept. Employee Rishe, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. To accommodate the audience, the agenda was rearranged. GREY FOX ESTATES UTILITY EASEMENT - OWNER REOUEST TO VACATE Director Linnane explained that this request is to relocate the current 20' wide utility easement. The owner of Lot 10 has agreed to pay the sewer service relocation expense as well as the required attorney fees. The Committee recommends approval to relocate the utility easement as described and authorizes the Town Attorney to prepare an ordinance. JUN-05-1997 15:25 HAMMOND AND CLARK 9706699380 P.02 ORDINANCE NO. AN ORDINANCE VACATING A UTILITY EASEMENT WHEREAS, the property owners have requested that the Town of Estes Park vacate the utility easement on the property described on Exhibit "A" and incorporated herein by reference; and WHEREAS, the property owners have agreed to grant a new utility easement or Deed of Dedication to replace the portion of the easement to be vacated; and WHEREAS, the property owners have agreed to pay all costs of the subject relocation, including, without limitation, the attorneys' fees incurred by the Town of Estes Park with respect to this matter; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interests of the Town to vacate the portion of the easement described on Exhibit "A' attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OP THE TOWN OF ESTES PARK, COLORADO. Section 1: The Board of Trustees of the Town of Estes Park, Colorado hereby vacates the portion of the subject utility easement, which portion is described on Exhibit "A" attached hereto. The vacation provided for herein is subject to execution by the owner of Lot 10, Grey Fox Estates at Cedar Ridge, 1st Filing, Town of Estes Park, Colorado of an agreement acceptable to the Town Attorney providing for the payment of all costs and attorneys' fees incurred with respect to the vacation and the replacement utility easement or Deed of Dedication and the execution of said replacement easement or need of Dedication. Said replacement Deed of Dedication shall be in the form attached as Exhibit "B". Section 2. Subject to the foregoing, the Town surrenders any and all title and interest to the portion of the easement, which portion is described on Exhibit "A" attached hereto. Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. TOTAL P.02 EXHIBIT "A" A 20' wide utility easement across the middle of Lot 10, Grey Fox Estates at Cedar Ridge, 1st Filing, the centerline of which is described as: N26036'34"E 50.49'; thence S47024'08"E 33.00'; thence S55043'02"E 104.88'; thence N56023'35"IE 47.00'; thence N89°39'47"E 60.10' TO THE END OF THIS EASEMENT. EXHIBIT "B" DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS, that JACK OTT, being the owner of certain property located in Larimer County, Colorado, being more particularly described as follows: Commencing at the westerly middle angle point of Lot 10, Grey Fox Estates at Cedar Ridge, 1 St Filing, thence N27028'59"W 15.00' to the beginning of a 20' wide utility easement, the centerline of which is described as: N26036'34"E 50.49'; thence S47024'08"E 33.00'; thence S55043'02"E 43.11'; thence N87004'47"E 78.91'; thence S41038'21"E 17.13'; thence N89039'47"E 60.10' TO THE WESTERLY RIGHT-OF-WAY OF GREY FOX DRIVE AND THE END OF THIS EASEMENT. hereby dedicates said real property to the Town OF ESTES PARK, COLORADO, for use as a utility easement. Grantors warrant title to the same, subject to current taxes, easements, restrictions, reservations and agreements of record, if any. DATED this day of June, 1997. Jack Ott STATE OF COLORADO ) SS. COUNTY OF LARIMER ) The foregoing Deed of Dedication was submitted and sworn to before this day of June, 1997, by Jack Ott. Witness my hand and official seal. My Commission expires Notary Public DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS, that JACK OTT, being the owner of certain property located in Larimer County, Colorado, being more particularly described as follows: Commencing at the westerly middle angle point of Lot 10, Grey Fox Estates at Cedar Ridge, 1st Filing, thence N27028'59"W 15.00' to the beginning of a 20' wide utility easement, the centerline of which is described as: N26036'34"E 50.49'; thence S47024'08"E 33.00'; thence S55043'02"E 43.11'; thence N87004'47"E 78.91'; thence S41038'21"E 17.13'; thence N89039'47"E 60.10' TO THE WESTERLY RIGHT-OF-WAY OF GREY FOX DRIVE AND THE END OF THIS EASEMENT. hereby dedicates said real property to the Town OF ESTES PARK, COLORADO, for use as a utility easement. Grantors warrant title to the same, subject to current taxes, easements, restrictions, reservations and agreements of record, if any. DATED this day of June, 1997. Jack Ott STATE OF COLORADO ) SS. ) COUNTY OF LARIMER ) The foregoing Deed of Dedication was submitted and sworn to before this day of June, 1997, by Jack Ott. Witness my hand and official seal. My Commission expires Notary Public AGREEMENT NOW COMES, the TOWN OF ESTES PARK, COLORADO, a municipal corporation, ("Town") and JACK OTT, ("Ott") and state and agree as follows: 1. Ott is the owner of Lot 10, Grey Fox Estates, Cedar Ridge, 1st Filing, Town of Estes Park, Colorado. 2. There presently exists a 20' wide utility easement which traverses said Lot 10, a portion of which is described on Exhibit "A" attached hereto and incorporated herein by reference. which traverses said Lot 10. 3. Ott has requested that the Town vacate a portion of the subject easement which traverses Lot 10 and the Town is willing to agree to said vacation on the terms and conditions set forth herein. 4. Ott agrees to execute a Deed of Dedication replacing the portion of the subject easement to be vacated, which will be in the form attached hereto as Exhibit "1" and incorporated herein by reference. Ott further agrees to execute such additional documents as may be necessary in the opinion of the Town Attorney to carry out the intent hereof. 5. Ott agrees to pay all costs incurred with respect to the relocation of said easement including, without limitation, the cost of replacing the existing sewer service to Lot 9, Grey Fox Estates, Cedar Ridge 1st Filing and all attorneys' fees incurred by the Town in connection with this matter. 6. All said fees and costs will be paid immediately upon invoicing. IN WITNESS WHEREOF, this Agreement has been executed as of the day of , 1997. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Jack Ott EXHIBIT "A" A 20' wide utility easement across the middle of Lot 10, Grey Fox Estates at Cedar Ridge, lat Filing, the centerline of which is described as: N26036'34"E 50.49'; thence S47024'08"E 33.00'; thence S55043'02"E 104.88'; thence N56023'35"E 47.00'; thence N89039'47"E 60.10' TO THE END OF THIS EASEMENT. EXHIBIT "1" DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS, that JACK OTT, being the owner of certain property located in Larimer County, Colorado, being more particularly described as follows: Commencing at the westerly middle angle point of Lot 10, Grey Fox Estates at Cedar Ridge, 1st Filing, thence N27028'59"W 15.00' to the beginning of a 20' wide utility easement, the centerline of which is described as: N26036'34"E 50.49'; thence S47024'08"E 33.00'; thence S55043'02"E 43.11'; thence N87 0 04'47"E 78.91'; thence S41038'21"E 17.13'; thence N89039'47"E 60.10' TO THE WESTERLY RIGHT-OF-WAY OF GREY FOX DRIVE AND THE END OF THIS EASEMENT. hereby dedicates said real property to the Town OF ESTES PARK, COLORADO, for use as a utility easement. Grantors warrant title to the same, subject to current taxes, easements, restrictions, reservations and agreements of record, if any. DATED this day of June, 1997. Jack Ott STATE OF COLORADO ) SS. COUNTY OF LARIMER ) The foregoing Deed of Dedication was submitted and sworn to before this day of June, 1997, by Jack Ott. Witness my hand and official seal. My Commission expires Notary Public TOWN OF ESTES PARK Office Memorandum To: Town Board Trustees From: Richard E. Matzke70O577·u Date: June 6, 1997 Re: Highway 7 Street Lighting Project Authorization to Award Contract for Trenching and Conduit Installation The Light and Power Department has received three bids for the Highway 7 Streetlight Circuit project which includes the installation of 7,900' of 2" conduit at a depth of 2', installation of 36 streetlight bases, and installation of 32 electrical junction boxes. The bids are summarized as follows: Fiske Electric $ 29,900 Thomas Electric 38,500 Drake Contractors 110,000 This project will allow for burial of all streetlight feeds along and across Highway 7 as well as relocation ofthe streetlight poles that conflict with the Highway 7 widening project. The Light and Power Department requested $40,000 in the 1997 budget for the street light project. This project will also be partially reimbursed by the Colorado Department of Transportation. The Light and Power Department recommends that the contract be awarded to the low bidder, Fiske Electric, at a cost not to exceed $29,900. REM 1-0 RS* 1 t 44 22'34 j * BUENNA VISTA PARK ' -TERRACE W VIEW ESTATE9 1 RIVERSIDE SUB. LEE AND ALPS ADDmONa + 43- + \f 7 - -LE ROCK | ESTATES ' 42++ T + CRAGS PROSPECT VILLAGE ADDITION PINE RIVER CRAGS ~SUB. ~ SUB. SUBD. EDERSEN su k) DI / g ~ SEC 25, TSN * SEC 36, T5N I TH E WALKWAY, EN Ljd£ )MPSON RIVER WILL NO SCALE APPURTENANCES - REMOVED AT THE WALKWAY. MUST BE APPROVED ~ONSIBILITY OF THE SURVEYOR'S NOTE: ,UBLIC ACCESS. BEARINGS BASED ON THE WEST LI SUBDIVISION AS BEARING NORTH. )POSED 70' ACCESS OF THE EASTERN OR CAPPED TO THE LI SUPERINTENDENT \L \\ b.k, Amended Plat of Lots 1 and 2. Lee and- Alps_Addition_and of the Amended Plat of Lots 5A and 9. Prospect Village Subdivision. Lynn W. Kinnie and Town of Estes Park/Applicant. Director Stamey stated the Applicant has two requests before the Board and the Agenda would be revised to discuss the Special Review application following the Amended Plat. This proposed subdivision would result in: 1) the two lots north of the Big Thompson River being combined into one lot, 2) dedication of a 10' wide pedestrian access easement along the south side .f Lot lA, 3) 50' radius at the NE corner of Lot lA which could be available for future Highway 36/Crags Drive intersection improvements and 4) former Outlot A transferred from the Town to Kinnie with the existing 30' wide public access easement being retained and an additional access easement being granted from this 30' easement to Lot 5A. Mr. Stamey reviewed the staff report noting Plat and application information needs to be modified and the future highway R-0-W On Lot lA would need to be dedicated with this Plat. Applicant's representative, Bill Van Horn, stated they will comply with the street dedication after a field visit/determination. Director Stamey stated an easement paralleling Highway 36 should be granted for potential Highway construction. Mr. Van Horn requested a reverter clause on the easement if it is not needed. Town Attorney White suggested all buildings except encroaching buildings be removed from the Plat for easier readability. It was moved and seconded (A. Hix/Brown) the Amended Plat of Lots 1 and 2, Lee and Alps Addition and the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, be favorably recommended to the Board of Trustees subject to the following, and it passed unanimously. 1. Plat Information • Add 100 Year floodplain. 0 Label pedestrian easements as 'public access easement". • Dimensional information and some of the graphic labeling be enhanced for better readability. 2. Application Information 0 The Lot information on the Application and Statement of Intent shall be revised to reflect this Plat. 3. Provide a copy of Maintenance Agreement prior to Town Board review. 4. Access • The proposed R-0-W dedication shall be determined by Staff and the legal description shall be added to the Plat prior to Town Board approval. 5. Utilities • The boundary lines of Lots lA and 5A shall be bold and with a larger pen size. • The public access easement in the existing eastern section of the parkihg lot shall be described with additional curve and line data. • The first note shall be changed to: 'The wall and all structural appurtenances, but not....by the owners. The footbridge and all appurtenances will be maintained by the owner". • The bumper car building encroachment into the proposed 10' access easement shall be removed during the development of the eastern portion of Lot lA. This note shall be added to the Plat. • The 10' access easement south of the river shall be labeled as a public access easement. 6. Other • Remove all buildings except encroaching buildings from the Plat. • The older, abandoned service line must be plugged or capped to the satisfaction of the Estes Park Sanitation District's line superintendent. '1.£:-7 Special Review 97-2. Lot lA & 5A of the Amended Plat of ~ll Lots 1 & 2. Lee and Alps Addition and of the Amended Plat of Lots 5A and 9. Prospect Village Subdivision. Applicant: Lynn W. Kinnie. This is a proposal for construction of two additional 18 hole miniature golf courses and a new foot bridge. Chairman Sager opened the Public Hearing. Director Stamey reviewed the staff report noting paths with direct connections are preferable and the developer will be responsible for maintenance of these connections. Staff has concerns with the colors and descriptive phrase 'festive in nature' and is requesting primary and bright colors be avoided and a that a statement of this intent be provided. other staff comments included parking concerns, providing a lighting detail (lights need to be shielded), clarifying the status of existing golf course, submission of a construction schedule and path modification. Mr. Stamey noted CDOT was completing a site visit on this date which may result in a guard rail being required which would be the Applicant's responsibility and emphasized approval of this Special Review does not imply any approval of the existing parking on Lot lA. Applicant's representative, Bill Van Horn, stated a lighting detail would be provided with bollard type lights being planned and due to the nature of use, some medium height lighting will be utilized. All lighting will be shielded. Mr. Van Horn recognized the color/design concerns, stating the general theme would be 'old west' and all features of the course are to be low level, with intense landscaping, and he does not have any objection with the conditions of the colors; additional information will be submitted. Regarding disposition of the existing course, a portion is in need of reconstruction and there will be a slight adjustment relative to the new course protrusion, it will be maintained until the property is re-developed. Mr. Van Horn stated a multi-family use drawing has been submitted for future intended use of the slide/miniature golf course area: the construction schedule is contingent upon approval process (possibly 1997 season, completion by Spring 1998). The Go-Cart parking has been more than adequate, with additional parking available. There may be shared parking with Estes Park Brewery in the future. With the removal of the 5 spaces requested by Staff, approximately 30 new spaces would be available (along the east side of the vacated Prospect Village Drive). He would agree to a note on the Development Plan regarding an obligation to construct additional parking at the Town's request. He was in agreement with other staff requests, including working with Staff on the path interface and would prefer to continue with a two sheet submittal. Commissioner Pohl was pleased with the importance of colors to the Applicant and expressed concern that in the past, national news had commented on the infringement of site lines in Estes Park due to the 'slide' and requested specific wording in the motion regarding colors. Commissioner Gilfillan emphasized the importance of shielded lighting. Commissioner A. Hix clarified with Mr. Van Horn that if a guard rail is required by CDOT, it will be the Applicant's expense. Mr. Van Horn agreed to consider Chairman Sager's request for additional handicap spaces. Audience comments were heard from Mary Lamy, Rock Ridge Road who was concerned with lighting, noting the current lighting is intense, intrusive and dominates the night sky. Steve Komito, Estes Park resident, requested clarification of the dedicated easement for a trail north of the river and if the slide would be removed as had been discussed five years ago when approval was given for the Go-Cart proposal. He requested the Commission's assistance with removal of the slide. The Public Hearing was closed. Attorney White stated it is not appropriate to request the slide be removed, a voluntary comment could be given - it could not be a recommendation. Mr. White stated removal of the slide was not a condition previously and there is no current violation of any land use decisions. It was moved and seconded (Pohl/Brown) Special Review, 97-2, Lot lA & 5A of the Amended Plat of Lots 1 & 2, Lee and Alps Addition and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, be favorably recommended to the Board of Trustees, subject to the following, and it passed by the following votes: those voting "Yes", Co,nissioners Brown, Burgess, A. Hix, Pohl, and Sager, those voting "No", Commissioner Gilfillan. 1. Show additional parking (aminimum of 13 spaces) and add additional parking note recommended by Staff. 2. Provide access maintenance agreement prior to Town Board. 3. Show the 2 private paths and add referenced note. 4. Show Crags Drive defined access. 5. Provide irrigation plan and related information. (per Public Works) 6. Provide additional landscape information (species, quantities, sizes, highway frontage). 7. Provide a site lighting detail to be approved by Staff. 8. Label access easements as 'public access easement". 9. Change Highway 34 to Highway 36. 10. Show edge of Big Thompson River. 11. Identify status of existing 18 hole golf course. 12. Identify construction schedule. 13. Provide information on site design (materials, color features) for Staff approval. 14. If required by CDOT, guard rail to be provided at Applicantls expense. 15. No approval of parking layout in northeast area. SURVEYOR'S CERTIFICATE Paul M. Kochevar, being first duly sworn on his oath deposes a ~registered land surveyor under= the laws of the State of Colorad< Beaver Point Third Addition was made by him and under h survey is accurately represented on this plat; also that the stati hereon were read by him and the same are true of his own kn Paul M. Kochevar, P.E. & P.L.S. No. 15760 VICINITY MAP NOT TO SCALE SITE LARIMER 0#. TERMINALS PIOS ESTE 1--Ill-- - BEAVER POINT P.O. B PARK FIRST ADD. ENTRANCE ELM ROAD ESTATES SECOND ESTES ADD. <56 ~,---+-- 80517 ELM *£~ 54# BIG THOMPSON 0 PROJE ELM RD. HIGH DR. DRAWN E ADD. BEAVER POINT SECOND ADD. F-€30 ~ b RUCE DATE: FE LAKE REV: MA ADD, MARYS LAKE ROAD SHEE-1 - .. \/ -ek<PUML"91•INGCO RECORD OF PROCEEDINGS Planning Commission - April 15, 1997 Page 2 4~ ANNEXATION, ZONING AND FINAL PLAT 'i#-prapased_Annexatinn._Zgningjnd_/inal_flaL-aL-Baai,er point- Third A,Irlition, Jack W{114•m•/Applicant. This is a proposed Final Plat for a 6.46 acre tract to be annexed and to divide 2 Tracts into 5 Lots (proposed zoning R-M Multi-Family) with an internal public road system. Chairman Sager opened the Public Hearing. Applicant's representative, Paul Kochevar, explained the proposal and is in agreement with all items in the staff report with the exception of the property being included in the N.C.W.C.D. prior to Final Plat approval. Mr. Kochevar requested this be approved with submission of a 'Petition to N.C.W.C.D.' as the process will be lengthy. Mr. Kochevar stated Lot 1 could have an emergency access in the SW corner and they are willing to explore the idea of an access parallel to the highway. Public Works Director Linnane stated this request is reasonable. Senior Planner Joseph noted the Statement of Intent has been revised to eliminate commercial zoning; R-M Multi-Family is requested for all lots and he reviewed the staff report and noted correspondence has been received from R.M.N.P. who expressed concern for visual impact which (with the exception of one lot) will be addressed at Development Plan review. Mr. Joseph also reviewed Fire Chief Dorman's comments/recommendation to add an emergency access road from Highway 36 to the North side of Lot 1. Audience comments were heard from Glenn Porzac who represents the following neighbors: Judy/Isabel/Mary Lamy, Corley/Hurley, James/Joseph/John/Peter Arcidiacono, Patsy/James Cravens, Chamberlain and Ackerman. Mr. Porzac stated his clients are concerned with: 1) the proposed emergency access and utility easement on the west and noted the property owners are granting a conservation easement to the Estes Valley Land Trust for perpetuity and requested language to prohibit access and 2) Rock Ridge Road, requesting abandonment of all use on this road and stated all clients will abandon any rights to cross this road and find usage for emergency purposes difficult. The clients do not want any connection between Highways 34 and 36. Discussion continued and Commissioner Gilfillan stated there must be an emergency access to serve this subdivision. Mr. Kochevar suggested the emergency access to be from the SW corner of Lot 1 to the NE corner of Lot 1 along the south and east side of Lot 1 and Mr. Porzac found this acceptable. Peter Arcidiacono (also speaking for brothers James, Joe and John) stated they are not opposed to the proposed Annexation, however, requested the Applicant revoke his access rights to Rock Ridge Road and respect their privacy. Mr. Kochevar stated there is no problem with limiting the access and exchanging usage of Rock Ridge Road. The Public Hearing was closed. It was moved and seconded (Burgess/A. Hix) the Annexation, Zoning (R-M Multi-Family) and Final Plat of Beaver Point Third Addition, be favorably recammended to the Board of Trustees, subject to the following findings/conditions, and it passed unanimously. ./.0.0/0....1//ING CO. RECORD OF PROCEEDINGS Planning Commission - April 15, 1997 Page 3 1. A 20 ft. wide pedestrian/bicycle access easement shall be provided on Lot 1 and Lot 4 parallel and adjacent to the new dedicated highway R-0-W. 2. The status of the existing dirt road along the west side of the subdivision shall be finalized and clarified as necessary on the Final Plat prior to Final Plat approval. 3. All required utility easements shall be secured prior to Final Plat approval. 4. All recommended modifications to construction design shall be incorporated as per Public Works Memo dated April 4, 1997. 5. Street light locations and fixture type shall be identified. 6. A note shall be added to the Plat that in the event the adj acent tract to the west is perrnanently secured as open · ~ space (not to be developed) then the short R-0-W leg between Lots 1 and 2 may be vacated upon Town approval. Extension of access or utilities to the west via this R-0-W leg will not be made if the adjacent Tract is permanently secured as open space. The emergency access shall be provided and located as per Mr. Kochevarls sketch along the south and east side of Lot 1. 7. A postal n.b.u. location shall be shown on the street plans and should be installed by the developer. 8. Erosion control, revegetation and slope stabilization details shall be provided with the street and utility construction plans. 9. If a sign identifying the subdivision is planned its location shall be identified on the street plan. 10. A restriction prohibiting lot perimeter fencing that would interfere with wildlife movement should be included in the subdivision covenants. 11. Applicant shall complete the Petition process to N.C.W.C.D. for this property prior to Final Plat approval. 12. Add a Note to the Plat stating "Future commercial accommodations use is prohibited." 13. More than twelve dwelling units are to be allowed on Cedar Ridge Circle. This exception to the dead-end street dwelling unit limit is based on the provision of an alternate emergency access off Highway 36. RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area that the requirements of the applicable parts of Section 31-12-104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107 (2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation as the " BEAVER POINT THIRD ADDITION" to the Town of Estes Park is as follows: Property located in Section 26, Township 5 North, Range 73 West of the 6th P.M., being more particularly described as follows: Commencing at the NE corner of the SE 1/4 of the SE 1/4 of Section 26, T5N, R73W of the 6th P.M., which bears S 1°40' E a distance of 1341.43 feet from the E 1/4 corner of said Section 26; thence N 89°27' W along the North line of the SE 1/4 of the SE 1/4 of said Section 26 a distance of 94.60 feet to the True Point of Beginning, which is a point on the Northerly right of way of Colorado #66 Spur: thence continuing along said North Line N 89°27' W a distance of 793.95 feet to a point in the centerline of a private road; thence along the centerline of said private road N 11°59' E a distance of 180.93 feet; thence leaving said private road S 76°17' E a distance of 778.55 feet to the True Point of Beginning Except that portion deeded to the Department of Highways in Book 1005 at Page 544 And Also A portion of the SE 1/4 of the SE 1/4 of Section 26, T5N, R.73 W of the 6th P.M., described as Beginning at the NE corner of the SE 1/4 of the SE 1/4 of said Section 16: thence N 89°17' W, 896.2 feet more or less, along the NoMhern line of the SE 1/4 of the SE 1/4 of Setion 26, to a point in the center of a private road; thence along the center of said private road S 11°59' W, 684.3 feet, more or less, to the center of County Road referred to as Steads Road; thence along said road N 49°12' E, 490.2 feet; thence continuing along County Road N 62°55' E, 756.5 feet, more or less to the Point of Beginning Except that portion deeded to the Department o f Highways in Book 1006 at Page 517; County of Larimer, State of Colorado. DATED this day of , 1997. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ORDINANCE NO. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS BEAVER POINT THIRD ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 11 th day March, 1997 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys, of the area hereinafter described. The Board, by Resolution at its regular meeting on the 11 th day of March, 1997, accepted said Petition and found and determined that the provisions of Section 31-12-107 (1) (g), C.R.S., were met; and the Board further determined that a public hearing should be held on April 22, 1997, at 7:30 P.M.: in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Section 31-12-104 and 31-12-105„ C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S., Section 3. That the hearing was held pursuant to the provisions of Section 31-12-109, C.R.S., on the 22nd day of April, 1997. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Section 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R. S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as BEAVER POINT THIRD ADDITION to the Town of Estes Park, is hereby approved: Property located in Section 26, Township 5 North, Range 73 West of the 6th P.M., being more particularly described as follows: Commencing at the NE corner of the SE 1/4 of the SE 1/4 of Section 26, T5N, R73W of the 6th PM., which bears S 1°40' E a distance of 1341.43 feet from the E 1/4 corner of said Section 26; thence N 89°27' W along the North line of the SE 1/4 of the SE 1/4 of said Section 26 a distance of 94.60 feet to the True Point of Beginning, which is a point on the Northerly right of way of Colorado #66 Spur: thence continuing along said North Line N 89°27' W a distance of 793.95 feet to a point in the centerline of a private road; thence along the centerline of said private road N 11°59' E a distance of 180.93 feet; thence leaving said private road S 76°17' E a distance of 778.55 feet to the True Point of Beginning Except that poMion deeded to the Department o f Highways in Book 1005 at Page 544 And Also A portion of the SE 1/4 of the SE 1/4 of Section 26, T5N, R73W of the 6th P.M., described as Beginning at the NE corner of the SE 1/4 of the SE 1/4 of said Section 16: thence N 89°17' W, 896.2 feet more or less, along the Northern line of the SE 1/4 of the SE 1/4 of Setion 26, to a point in the center of a private road; thence along the center of said private road S 11°59' W, 684.3 feet, more or less, to the center of County Road referred to as Steads Road; thence along said road N 49°12' E, 490.2 feet; thence continuing along County Road N 62°55' E, 756.5 feet, more or less to the Point of Beginning Except that portion deeded to the Department of Highways in Book 1006 at Page 517; County of Larimer, State of Colorado. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37- 45-126 (3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal Subdistrict, Northern Colorado Water Conservancy District. Section ·7. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APR-17-1997 15:15 HAMMOND, CLARK a WHITE 9706699380 P.02 ORDINANCE NO. AN ORDINANCE ADDING BEAVER POINT THIRD ADDITION TO RM-MULTIPLE FAMILY RESIDENTIAL ZONING TO TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the annexation of Beaver Point Third Addition was accomplished on the 22nd day of April, 1997; and WHEREAS, following testimony, the Board of Trustees have determined that it is in the best interest of the Town to zone Beaver Point Third Addition to the Town of Estes Park as RM- Multiple Family Residential. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Beaver Point Third Addition shall be zoned as RM- Multiple Family Residential Zoning. Section 2. This Ordinance shall take effect and be enforced thirty (30 days) after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1997. 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 , 1997, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of 1997. Town Clerk TOTAL P.02 TOWN OF ESTES PARK BUDGET MODEL (TABOR ADMENDMENT) Special Internal General Revenue Service Total Fund Funds Funds Funds 1996 Actual Revenues 1996 Actual revenues 6,008,970 386,916 464,201 6,860,087 Transfers in 0 719,585 0 719,585 Total 1996 Estimated Revenues & Transfers 6,008,970 1,106,501 464,201 7,579,672 Less debt proceeds -82,535 0 0 -82,535 Less interfund transfers in 0 -719,585 0 -719,585 Less exemptions -66,424 -54,451 0 -120,876 Less interfund receipts -400 0 -258,629 -259,029 1996 Actual Revenues Per Amendment 5,859,611 332,465 205,572 6,397,647 Limit Test For Current Year Revenues per amendment 5,859,611 332,465 205,572 6,397,647 Revenue and expenditure limit (prior year base) 5,978,751 320,493 187,014 6,486,258 Excess Revenues to Community Reinvestment Fund -119,140 11,972 18,558 -88,611 1996 Actual Spending Actual expenditures 5,032,966 1,119,055 378,601 6,530,622 Transfers out 719,585 0 0 719,585 1996 Actual Expenditures & Transfers 5,752,551 1,119,055 378,601 7,250,207 Less interfund transfers out -719,585 0 0 -719,585 ' -ss exemptions -66,424 -54,451 0 -120,876 s Lease Proceeds -82,535 0 0 -82,535 ss interfund payments -229,378 -22,058 -7,592 -259,029 Spending (N/1 Reserve Charges & Refund Adjs.) 4,654,629 1,042,545 371,009 6,068,183 Reserve incr (decr) [amdmt rev- amdmt spending] 1,051,982 -710,080 -165,437 176,465 Contractual Reserve Balance 152,999 0 0 152,999 Excess Revenues to Community Reinvestment Fund 0 0 0 0 1996 Actual Spending Per Amendment 5,859,610 332,465 205,572 6,397,647 Revenue base calculation for the following year 1996 Revenue limitation per amendment 5,859,611 332,465 205,572 6,397,647 Less Voter Approved Revenue Changes 0 0 0 0 Preliminary pre-adjustment base 5,859,611 332,465 205,572 6,397,647 Plus cost of living growth (1996 Denver Boulder CPI) 3.50% 205,086 11,636 7,195 223,918 Plus local growth (1996 Larimer County Assessor) 1.87% 109,575 6,217 3,844 119,636 1997 Preliminary Base 6,174,272 350,318 216,611 6,741,201 Plus voter approved revenue changes 0 0 0 0 Revenue Base For 1997 6,174,272 350,318 216,611 6,741,201 Spending base calculation for the following year 1996 Spending limitation per amendment 5,859,611 332,465 205,572 6,397,647 Less Voter Approved Revenue Changes 0 0 0 0 Preliminary pre-adjustment base 5,859,611 332,465 205,572 6,397,647 Plus cost of living growth (1996 Denver Boulder CPI) 3.50% 205,086 11,636 7,195 223,918 s local growth (1996 Larimer County Assessor) 1.87% 109,575 6,217 3,844 119,636 ' Preliminary Base 6,174,272 350,318 216,611 6,741,201 Plus voter approved revenue changes 0 0 0 0 Spending Base For 1997 6,174,272 350,318 216,611 6,741,201 5/27/97 3:50 PM . GENERAL FUND CASH FLOW 1997 1995 1996 1997 1997 1998 Actual Actual Budget Estimate Request Unreserved Fund Balance January 1st 1,154,399 1,150,559 1,149,602 1,398,458 854,811 Receipts Revenue 7,501,401 7,782,356 7,981,715 8,256,426 0 Total Receipts 7,501,401 7,782,356 7,981,715 8,256,426 0 Disbursements Expenses 6,899,443 7,525,939 7,800,309 9,290,509 0 Capital 666,020 0 1,071,733 0 0 Total Disbursements 7,565,463 7,525,939 8,872,042 9,290,509 0 Reservations to Fund Balance (60,222) 8,518 0 (490,436) 0 Unreserved Fund Balance 1,150,559 1,398,458 259,275 854,811 854,811 Accumulated Reserves to Fund Balances 481,918 490,436 0 0 0 Total Fund Balance December 31st 1,632,477 1,888,894 259,275 854,811 854,811 5/27/97 1:12 PM