HomeMy WebLinkAboutPACKET Town Board 1997-12-071 '" Prepared 12/4/97 *Revised 12/8/97 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, December 9, 1997 7:30 p.m. AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated November 25, 1997. 2. Bills. 3. Committee Minutes: A. Planning Commission, November 18, 1997 (acknowledgment only). B. Board of Adjustment, December 2, 1997 (acknowledgment only). C. Public Hearing for the Amended Plat of Lots 26 and 27, Block 9, Country Club Manor Addition, Ruth Goetzel/Applicant - Continue to January 13, 1998. TOWN BOARD COMMENTS: ACTION ITEMS: 1. Liquor Licenses: A. Show Cause Hearing: Park Wheel Co., dba THE WHEEL - Continue to January 27, 1998. B. Appoint Jerry Roselle as Prosecuting Attorney.
2. Resolution #20-97 Supplementing the 1997 General Fund Budget. 3. Public Hearing. Final Plat of Lot 30, Little Prospect Mountain Subdivision, Stephen Munsinger/Applicant. 4. Public Hearing. Final Plat of Prospect Highlands Subdivision, Stephen Solomon and Cynthia Curry/Applicant. 5. *TABOR Lease Renewals for 1998 Budget Year. 6. *Resolution #21-97 - Designating area for Public Notices. 7. Town Administrator's Report: NOTE: The Board of Trustees will not meet again until January 13, 1998.
t Town of Estes Park, Larimer County, Colorado, November 25, 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 25th day of November, 1997. Meeting called to order by Mayor Robert L. Dekker. Present: Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek George J. Hix William J. Marshall J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Dekker called the meeting to order at 7:30 p.m. PUBLIC COMMENT: None. TOWN BOARD COMMENTS: TKustee Baudek requested discussion on zoning and frontage of commercial buildings be added to the Agenda. Mayor Dekker granted the request, stating this item would be discussed following completion of all Agenda items. CONSENT CALENDAR: 1. Town Board Minutes dated November 12, 1997. 2. Bills. 3. Committee Minutes: A. Light & Power, November 13, 1997. B. Public Safety, November 20, 1997. It was moved and seconded (Hix/Doylen) the consent calendar be approved, and it passed unanimously.
3 r Board of Trustees - November 25, 1997 - Page 2 ACTION ITEMS: 1. Resolution #16-97 - Authorizing L.E.T.A. to Assess Wireless Communications Access Charge. Police Chief Repola reported that the Larimer Emergency Telephone Authority (L.E.TA.) is requesting authorization to assess a wireless communications access charge. L.E.T.A. will enter into an agreement with a wireless provider that will build into the present system, capabilities for the cell phone number to be displayed on the 911 monitor (Phase I). This function will enable telecommunicators to dial that cell phone to verify location, etc. Attorney White read the Resolution, and it was moved and seconded (Hix/Marshall) Resolution #16-97 be approved, assessing a surcharge of $0.45/month effective January 1, 1998, and it passed unanimously. 2. 1998 Pay Plan. Ass't. Town Administrator Widmer reported on the 1998 Pay Plan which was reviewed by the Town Board at their Budget Study Session held November 18th. The pay for performance merit-based proposal is identical to that utilized in 1996 and 1997: Above Standard 2-5% Merit Increase Standard 2% a Below Standard 0% « Salary adjustments include 5% for the Police Dept. (except Police Chief) plus earned merit to bring officers in line with the market; adjust two other positions (salary/grade); and seasonal pay. It was moved and seconded (Marshall/Pauley) the 1998 Pay Plan be approved, and it passed unanimously. 3. Manford Ave. Sidewalk Traffic Studv. Public Works Director Linnane offered a brief history of this project, reported that a copy of the report was mailed to School Supt. Kastendieck, and introduced Bob Felsburg of Felsburg, Holt and Ullevig. The Town, in cooperation with the Park School District, initiated efforts to analyze traffic and pedestrian-related issues adjacent to the Estes Park school campus. The study focused on two specific issues: (1) vehicle movement/circulation patterns along Community Dr., Manford Ave. and Brodie Ave., adjacent to school property. School bus arrival/departure movements, in combination with parent drop-off and student passenger car maneuvers, create a congested environment during the peak arrival and departure times during the school day. (2) Analyze pedestrian needs along Manford Ave. and to recommend sidewalk/walkway and crosswalk improvements adjacent to the school campus. Mr. Felsburg reviewed the firm's recommendations for traffic control measures, sidewalk and crosswalk improvements, and traffic control/sidewalk/bike
, Board of Trustees - November 25, 1997 - Page 3 lane/crosswalk scenario. There was no public comment. Discussion followed, with Mayor Dekker expressing the Board's appreciation for the presentation, referring the Report to the Public Works Committee for final review/recommendation. 4. Ordinance #17-97 Vacation of Utilitv Easement, Lot 1, Hartland Subdivision. Attorney White read the Ordinance, and it was moved and seconded (Marshall/Pauley) Ordinance #17- 97 be approved, and it passed unanimously 5. Re-Adoption of Municipal Code, Ordinance #15-97. Mayor Dekker opened the public hearing, and Town Attorney White outlined the purpose, process, and new and/or substantive changes. As there were no public comments, Mayor Dekker closed the public hearing. Attorney White read the Ordinance, and it was moved and seconded (Doylen/Hix) Ordinance #15-97 be approved, and it passed unanimously. Trustee Baudek thanked the staff for this major undertaking. It was also moved and seconded (Hix/Pauley) Resolution #19-97 adopting the Procedure/Policy Manuals for the Community Dev., Town Clerk's Office, Light and Powers Police and Public Works Departments be approved, and it passed unanimously. Administrator Klaphake commented on the amount of work expended on this project, and advised that the Code will be amended as needed. 6. Liquor Licenses: A. Show Cause Hearing: American Legion Club, Inc. Trustee Doylen declared a conflict of interest, and stated she would not participate in discussion nor vote. In a memorandum dated November 178, Captain Filsinger and Clerk O'Connor reported that a meeting was held November 14th with the American Legion Club-current as well as past board members were present. Staff presented a Stipulation Agreement that has been executed by the Club whereby the Club agrees to all charges and a 15-day suspension beginning December 1, 1997. Joseph Ball, Club President, appeared and reported on the implementation of improved security, reception bookings (paid bartender, segregated from Club liquor sales), improved identification methods, training classes, a key-card entry system, and improved control of members and guests. Mr. Ball also reported on the Legion's community service efforts. There were no comments from the audience. It was moved and seconded (Marshall/Baudek) the Stipulation Agreement be approved for a 15-day suspension from December 1 through December 15, 1997, with the Legion to provide proof of training within 120 days from November 25,
Board of Trustees - November 25, 1997 - Page 4 1997, and it passed by the following votes: Those voting "Yes" Trustees Barker, Baudek, Hix, Marshall and Pauley. Those voting "No" none. Those "Abstaining" Trustee Doylen. Trustee Barker expressed his appreciation to the Legion for their community work, adding that liquor licensees should be held to a high standard. 1. Change of Corporate Structure. It was moved and seconded ( Baudek/Barker) the Change of Corporate Structure for the following officers be approved, and it passed by the following votes: Those voting "Yes" Trustees Barker, Baudek, Hix, Marshall and Pauley. Those voting "No" none. Those "Abstaining" Trustee Doylen: Joseph Ball, President, replacing Dan Doylen Kenneth Clasen, V. Pres., " James Seybold Roger Davis, Sec./Treas., " Joseph Wicks and Laura Chrastil 2. Liquor License Renewal. Attorney White confirmed that approval of the Renewal does not waive the suspension as authorized above. It was moved and seconded (Pauley/Hix) the Liquor License Renewalbe approved, and it passed by the following votes: Those voting "Yes" Trustees Barker, Baudek, Hix, Marshall and Pauley. Those voting "No" none. Those "Abstaining" Trustee Doylen. B. Special Events Permit Application for the Art Center of Estes Park, It was moved and seconded (Doylen/Hix) the Special Events Permits for January 16, March 6, April 26, June 5, July 10, August 14, October 2, and November 13, 1998 be approved, and it passed unanimously. Clerk O'Connor noted that a maximum number of ten special event permits/yr. are allowed per non- profit agency. C. Resolution #17-97 - Setting Show Cause Hearing for December 9, 1997 for The Wheel Bar. Trustees Doylen and Hix declared a conflict of interest, and stated they would not participate in discussion nor vote. Police Chief Repola presented a memorandum dated November 17th reporting on a disturbance that occurred August 24, 1997 at The Wheel Bar. Liquor Regulation 47-900A was read in full. Attorney White also cited a conflict of interest, thus Attorney John Frey will be contracted for this case. Town staff will hire a special prosecutor to represent the Police Department if needed. It was moved and seconded (Baudek/Pauley)
. 1 Board of Trustees - November 25, 1997 - Page 5 Resolution #17-97 be approved, and it passed with the following votes: Those voting "Yes" Trustees Barker, Baudek, Marshall, and Pauley. Those voting "No" none. Those "Abstaining" Trustees Doylen and Hix. 6. Initiated Ordinance Limiting the Annual Increase in the number of dwelling units to 1%/Year Filed October 17, 1997 bv Patrick and Shellev Cipolla. Attorney White reviewed Clerk O'Connor's memorandum and presented two options to the Town Board for the Initiated Ordinance: (1) adopt the proposed ordinance without alteration (Ordinance), or (2) refer the proposed ordinance to the registered electors for election April 7, 1998 (Resolution). Attorney White read the Initiated Ordinance and Resolution. Trustees posed several questions pertaining to the number of building permits that would be allowed should the Initiated Ordinance pass, inclusion of multi-family dwelling units with single-family dwelling units in the percentage; implementation; concern with employees in . construction-related businesses (loss of jobs); recourse of property owners if they find they can't build, and whether the Town could be held liable. It was moved and seconded (Doylen/Marshall) the Initiated Ordinance not be adopted, and that Resolution #18- 97 (Option 2) be approved, and it passed unanimously. A. Building Permit Policy as it Relates to the Initiated Ordinance. The Board considered a memorandum dated November 18, 1997 submitted by Community Development Director Stamey that outlined building permit application procedures that could be implemented November 26, 1997, prior to the April 7th election. • Upon application for a building permit for a new dwelling unit, the Town shall require a $2,000 deposit for a single family dwelling unit, and $1,500/multi-family dwelling unit. • The Town will accept building permit applications through 2/20/98 for construction of new residential dwelling units. From 2/21/98 to 4/7/98, a moratorium would be in place on acceptance of building permit applications for new dwelling units. This moratorium would not apply for commercial construction and remodels. • Should the limited growth ordinance pass at the 4/7/98 election, Issued building permit applications would be "grandfathered."
Board of Trustees - November 25, 1997 - Page 6 Director Stamey reviewed procedure taken by Golden with a similar Initiated Ordinance, adding that in order for a building permit application to become valid, it must be lot and plan specific. Attorney White confirmed that should the Initiated Ordinance pass, the 1% limitation would be in effect 4/8/98. Discussion followed on the moratorium; length of time for plan checking which could include hiring a private source to complete plan checking; deposits which would be collected at the time of application, and which do not include additional fees such as water taps, and the like; insufficient time to implement regulations should the ordinance pass and the possibility of placing an additional two weeks following the election for the effective date of the 1% limitation. Audience comments were heard from Jerry Palmer relative to the $2,000 deposit (too high), and the moratorium (6 weeks) is too long. Director Stamey clarified how staff determined what the deposit amount should be (based on UBC Valuation and Building Code Fee Table 3A). Trustee Barker noted that the Initiative has placed the Town in a position whereby the Town is attempting to protect property owners as best as possible, with increased expense of issuing building permits. The Town must be cautious, while being responsive to the citizens. It was moved and seconded (Doylen/Hix) the Building Permit Policy be approved with the following amendments: the moratorium be reduced to 4 weeks-March 10, 1998, and a 2-week extension to April 21, 1998 if the Initiated Ordinance passes and it passed unanimously. Mayor Dekker thanked Mr. Palmer for his comments. 7. Appointments: A. Museum Advisory Board. Sybil Barnes and David Steiner (re-appointment), 4-Yr. Terms, expiring 1/01/2002. B. Library District. Steve Little (re-appointment), and Jan Bode, 4-Yr. Terms, expiring 12/31/2001. C. Building Authority. Peggy Lynch and Monte Vavra (re-appointments) 3-Yr. Terms, expiring 1/01/2001.
Board of Trustees - November 25, 1997 - Page 7 It was moved and seconded (Hix/Pauley) all appointments listed be approved, and it passed unanimously. 9. Fall River Hvdro Plant - Request Approval to Nominate Plant to the National Register of Historic Places. Museum Director Kilsdonk reviewed the Plant Restoration Project and requested the Board of Trustees submit a request to the Historic Society placing the Plant on the National Register of Historic Places. The Light and Power Committee will be considering the appointment of a Renovation Committee similar to that appointed for the Stanley Hall preservation. It was moved and seconded (Hix/Marshall) the request be approved, and it passed unanimously. Width of Buildings in Downtown Commercial District. Trustee Trustee Pauley expressed his concern in existing commercial buildings being divided into small retail spaces, which, in his opinion, is a detriment to merchants and the community at large. Perhaps regulations should be adopted that would, in the case of new construction or remodels, place a minimum frontage width within the commercial downtown district. Trustee Pauley believes most lots are in multiples of 25' and desires a minimum frontage of 23' or reasonable- 10'-wide pieces would not be allowed. Attorney White noted that exterior and interior dimensions would be addressed in proposed regulation. It was moved and seconded (Pauley/Hix) staff be directed to prepare such a regulation, referring the request to the Planning Commission for their review and recommendation, and it passed unanimously. The boundary in question is to include the Riverwalk and entire area within the CBD. Staff will attempt to add this item to the Planning Commission's agenda in January. 10. Town Administrator's Report. None. NOTE: The Board of Trustees will meet December 9, 1997; the meeting scheduled December 23, 1997 has been canceled. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 10:32 p.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk
BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission November 18, 1997 Commission: Chairman Al Sager, Commissioners Harriet Burgess, Alma Hix, Edward Pohl and David Thomas Attending: Chairman Sager, Commissioners Brown, Burgess, Gilfillan, A. Hix, Pohl and Thomas Also Attending: Trustee Liaison G. Hix, Town Attorney White, Director Stamey, Senior Planner Joseph and Secretary Botic Absent: Commissioners Brown and Gilfillan Chairman Sager called the meeting to order at 1:30 p.m. 1. CONSENT_AGENDA 1-a-__Minutes of the October 21, 1997 meeting were approved as presented. 1.b. Special Review 97-03, Lots 5 and 6, DeVille Subdivision continued to the December 16, 1997 meeting approved. 2. DEVELOPMENT PLAN 2.a. DAvelormAnt Plan 97-13, Lot 1, Block 4, Fall River Est=ate=, Fall River •n•A and David Drive, Jim Rodgers and Randy__Collins/Applicants. This is a proposal for 21 commercial accommodation units and a manager's residence (continued from October 21, 1997). Applicant's representative, Paul Kochevar, reviewed the modifications made based on the Commissioners' discussion in October. A meeting building floor plan and cross section of the river and meeting building were submitted. Other additions include two parking spaces, a handicap ramp and a bridge to the meeting building. A contract to ensure usage of the meeting room for rental accommodation guests only was submitted. Mr. Kochevar stated they haven't had a response from CDOT and do not anticipate CDOT requesting improvements. The entrance off David Drive has been modified and "one way, do not enter' signage will be provided and Mr. Kochevar requested leaving the southerly entrance with a width of 18'. Chairman Sager requested the Applicant consider location of a handicap parking space next to the office and Mr. Kochevar agreed one would be added. Senior Planner Joseph stated the staff report was adequately discussed. Recognizing all conditions have been addressed, it was moved and seconded (A. Hix/Thomas) Development Plan 97-13, Lot 13, Lot 1, Block 4, Fall River Estates, Fall River Road and David Drive be approved with the following conditions, and it passed unanimously. • A note should be added to the development plan sheet explaining the basis for the flood plain information shown.
BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - November 18, 1997 Page 2 • A traffic analysis shall be provided by the developer to determine if there is any need to improve the intersection of David Drive and Fall River Road. It shall be the developer's responsibility to provide this analysis and review the results with CDOT prior to requesting a building permit. The one way drive shall be signed at the entry point and shall be reduced to a width of 12' at this location to discourage two way use. • Provide the required plantings between the north parking area and the north property line. • The sanitary sewer main extension must be installed or guaranteed prior to issuance of a building permit, and the required easement must be recorded prior to the first building permit. 3. SUBDIVISIONS 3.a. Amended Plat, Lots 26 and 27, Block 9, Country Club Manor Addition. 503, 505, 507 and 509 Birch Avenup, Ruth GaetzeUApplicant. This is a proposal to subdivide two existing lots into four lots to recognize existing ownerships and use areas. Applicant's representative, Paul Kochevar, reviewed the history of this property, explaining the inherent plat problems, noting the property has changed hands over the past 25 years. The Applicant attempted to have all eight property owners involved. There was discussion regarding private access utility agreements, location of sewer and water lines and blanket utility easements. Mr. Kochevar stated the intent to provide a blanket utility easement. There were no audience comments. Attorney White sated this subdivision has been illegal since 1972; the Commissioners have an opportunity to improve the current situation. Senior Planner Joseph reviewed the conditions for approval of the request adding that private access easements be drafted and submitted for Town Attorney White's review prior to Town Board. Mr. Kochevar offered to have the private access easements recorded and then added to the Plat before recording. Recognizing the inherited problems, to not abrogate normal procedures, and the opportunity to benefit concerned individuals and the Town, it was moved and seconded (Pohl/Burgess) Amended Plat, Lots 26 and 27, Block 9, Country Club Manor Addition, 503, 505, 507 and 509 Birch Avenue, be favorably recammended to the Board of Trustees, subject to the following conditions, and it passed unanimously. • The access easement located on Lot 27A shall also provide for access to Lot 27B unless the owner of Lot 27B can obtain an access easement which recognizes the historic access use on Lot 28, prior to Town Board Approval. • Private access easements shall be reviewed by Town staff and be recorded and added to Plat. • Reference to the old common use area which runs north- south through the middle of the Plat shall be labeled as an easement for access and utilities. • The water and sewer service lines shall be located and easements identified as needed. A blanket utility easement may be provided for this purpose if necessary.
BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning commission - November 18, 19,7 Page 3 3.b. Final Plat, Lot 30, Lit·fl. Pronpect Mountain Subdivision, Stanley Circle DrivA, StephAn M. f. This is a proposal to divide one lot into three lots. Paul Kochevar, Applicant's representative, stated Planning Commission's recommendations from the Preliminary Plat have been incorporated and requested wording regarding 'single family home' also reflect allowable usage such as an accessory dwelling. The existing home will be connected to sanitary sewer in the spring, with a letter of credit to be submitted regarding this sewer connection. Access and maintenance agreement for Lot 3 will also be provided. The gas line will be moved and a letter of credit will be provided. Senior Planner Joseph, stated a letter of credit regarding Lot 3 is acceptable, and an easement for the gas line will be required. There were no audience comments. Recognizing all staff recommendations have been or will be addressed, including the agreement with Mr. Peck, it was moved and seconded (Thomas/A. Hix) Final Plat, Lot 30, Little Prospect Mountain Subdivision, Stanley Circle Drive, be favorably recammended to the Board of Trustees, subject to the following conditions, and it passed unanimously. . E • Hatch pattern shall be added to delineate the perimeter of the subdivision. • The documents providing for use of Peck Lane by Lot 3, shall be reviewed prior to Town Board approval, and shall be recorded with the Plat. • Require improvement guarantee for connection of Lot 3 to sanitary sewer prior to Town Board approval of the Final Plat. • Revise note to read: "Use of lots created by this subdivision shall be restricted to one single family home per lot and allowable accessory uses." • Letter of Credit shall be provided to guarantee Lot 3 sanitary sewer connection. • Letter of Credit shall be provided to guarantee gas line relocation. 4. REPORTS None 5. ADJOmm There being no further business, Chairman Sager adjourned the meeting at 2:16 p.m. .*Filt) 43 46,0 3 Roxanne S. Botic, Recording Secretary
, BRADFORD ....1/HING CO. RECORD OF PROCEEDINGS Board of Adjustment December 2, 1997 Board: Chairman Pauley, Members Barker, Baudek, Newsom, Sager Attending: Chairman Pauley, Members Baudek, Newsom and Sager Also Attending: Director Stamey, Senior Planner Joseph, Building Inspector Allman and Secretary Botic Absent: Member Barker Chairman Pauley called the meeting to order at 8:05 a.m. MINIIIES The minutes of the November 4, 1997 meeting were accepted as presented. LOT 20, WHITE MEADOW VIEW PLACE -LINDA BVIESING/APPLICANT - YARTANCE REQUEST FROM SECTION 17.20.040.8.1.b OF THE MITNICIPAL CODE. Applicant is requesting two setback variances as follows: 1) Approval to allow two bay window room extensions on west side of existing structure: required setback: 10', proposed: approximately 1' 2) Approval to remove part of existing deck and replace with reduced encroachments to setbacks: required setback: 10', proposed: 16" Stephen Stamey, Director, summarized the proposal, noting the Applicant did obtain a building permit in July which was for attic expansion and remodeling an existing room. During the remodeling, an idea came to the Applicant for the windows; a stop work order was given on 09/26/97 regarding the window extensions. Staff has requested the owner obtain a survey to determine the exact distance from lhe property line. Applicant's husband, David Buesing, stated they bought the cabin approximately 11 years ago and have made various repairs (windows, furnace, septic tank, plumbing, electrical, etc.). Regarding the windows, the intenlion was to improve visibility with an egressible window. Mr. Buesing distributed a survey from Van Horn Engineering. Mr. Buesing explained the deck is currently over his neighbor's property line and has been for approximately 9 years with his neighbor's permission. He is requesting to remove that portion and reconstruct is so that the closest point will be 16" from the property line. The Buesings have discussed lot line adjustments with their neighbors. At the Board's request Director Stamey reviewed the recommendation to deny the room extension. Members stated they supported denial of further encroachment. Recognizing other solutions are available, it moved and seconded (Baudek/Sager) the variance to allow two window extensions, as requested, be denied for Lot 20, White Meadow Place, and it passed unanimously. Discussion continued regarding the deck variance request; Mr. Stamey requested an accurate drawing of the area, and stated a permit would be required for the deck. It was moved and seconded (Sager/Baudek) the variance regarding the deck be approved for Lot 20, White Meadow Place, with the following conditions, and it passed unanimously. • Survey shall be submitted by a licensed surveyor. • Building Permit Application must comply with all UBC requirements. • Deck may not be closer than 16" to the property line.
BRADFOROPUMLISHINGCO RECORD OF PROCEEDINGS Board of Adjustment December 2, 1997 Page 2 REPORTS - None There being no further business, Chairman Pauley adjourned the meeting at 8:50 a.m. Roxanne S. Botic, Recording Secretary
L McALLISTER & MURPHY, P.C. ATTORNEYS AT LAW Robert T. McAllister 1120 Lincoln Street, Suite 1600 Patrick T. Murphy Denver, Colorado 80203-2141 Barry Boughman Telephone (303) 830-0566 Kathryn Haight Telecopier (303) 839-8424 Bradly J. Holmes December 1, 1997 Vikki O'Connor Town Clerk Town of Estes Park Estes Park Municipal Bldg. 170 MacGregor Avenue Estes Park, CO 80516 RE: In the Matter of Park Wheel Company, THE WHEEL, 132 East Elkhorn Avenue, Estes Park CO 80517 License No. 03-14465-0000 Dear Ms. O'Connor: This office represents Park Wheel Company, and I have spoken to John Frey, the attorney who is representing the Town. We have agreed that there should be a continuance of the hearing set for December 9, 1997 at 7:30 p.m. until a time when the Board's agenda is not so full of other matters. If you have any questions, please do not hesitate to contact this office. Very truly yours, McALLISTER & MURPHY, P.C. 4 filli QI--- A~~{p~fu~ - Patrick T. Murphy_* PTM/nkm cc: John Frey, Esq. .' 1 1% *241 0 n~, /,1
RESOLUTION TO APPROPRIATE SUMS OF MONEY No. A RESOLUTION TO SUPPLEMENT THE TOWN OF ESTES PARK'S 1997 SPECIAL EVENTS, PARK ENTRANCE ESTATES CONSTRUCTION AND PARK ENTRANCE ESTATES DEBT SERVICE FUND BUDGETS. WHEREAS, the Town of Estes Park purchased and installed a wireless sound system in the downtown area with a lease purchase agreement and needs to budget for increased revenues and capital purchase in the Special Events Fund of $38,631; and WHEREAS, the Town determined additional work was necessary in order to complete the construction of water and street improvements in the Park Entrance Estates Special Improvement District and the Park Entrance Estates Construction Fund had sufficient resources, the budget needs to be increased by $10,000; and WHEREAS, the Town had received unanticipated revenues in the Park Entrance Estates Debt Service Fund it was determined to call one additional bond. The Park Entrance Estates Debt Service Fund budget needs to be increased by $5,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. THAT the Special Events Fund 1997 revenue budget be increased from $461,126 to $499,757 to reflect the downtown sound system lease revenue. 2. THAT the Special Events Fund 1997 expense budget be increased from $482,179 to $520,810 to reflect the purchase of the downtown sound system. 3. THAT the Park Entrance Estates Construction Fund expenses be increased from $81,632 to $91,632 to cover the additional construction costs at Park Entrance Estates Special Improvement District. The revenue source is the accumulated cash balance. 4. THAT the Park Entrance Estates Debt Service Fund be increased from $24,884 to $29,884 to cover the costs of additional bonds called during 1997. The revenue source is the unexpected revenues received in 1997. ADOPTED this 9th day of December, 1997. Mayor ATTEST: Town Clerk
IMADFOROPUaLISHING.0. RECORD OF PROCEEDINGS Planning Commission - Novemner 18, 199/ Page 3 3.b. Final Plat. Lot 30, Lit- 1-1 p prospprt, Mountain Subdivision, St-Anley rirrlp Drive. Stephen____1 Munainger/Applicant. This is a proposal to divide one lot into three lots. Paul Kochevar, Applicant's representative, stated Planning Commission's recommendations from the Preliminary Plat have been incorporated and requested wording regarding 'single family home' also reflect allowable usage such as an accessory dwelling. The existing home will be connected to sanitary sewer in the spring, with a letter of credit to be submitted regarding this sewer connection. Access and maintenance agreement for Lot 3 will also be provided. The gas line will be moved and a letter of credit will be provided. Senior Planner Joseph, stated a letter of credit regarding Lot 3 is acceptable, and an easement for the gas line will be required. There were no audience comments. Recognizing all staff recommendations have been or will be addressed, including the agreement with Mr. Peck, it was moved and seconded (Thomas/A. Hix) Final Plat, Lot 30, Little Prospect Mountain Subdivision, Stanley Circle Drive, be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed unanimously. • Hatch pattern shall be added to delineate the perimeter of the subdivision. • The documents providing for use of Peck Lane by Lot 3, shall be reviewed prior to Town Board approval, and shall be recorded with the Plat. • Require improvement guarantee for connection of Lot 3 to sanitary sewer prior to Town Board approval of the Final Plat. • Revise note to read: "Use of lots created by this subdivision shall be restricted to one single family home per lot and allowable accessory uses." • Letter of Credit shall be provided to guarantee Lot 3 sanitary sewer connection. • Letter of Credit shall be provided to guarantee gas line relocation. 4. REPORTS None 5 . ADJOURN There being no further business, Chairman Sager adjourned the meeting at 2:16 p.m. ~/1-fuu) 4> LEI\ 4,0 3 Roxanne S. Botic, Recording Secretary
...0/0.0 PUILISHING CO RECORD OF PROCEEDINGS Planning Commission September 16, 1997 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma H' Edward Pohl and David Thomas Attending: Chairman Sager, Commission Burgess, Gilfillan, A. Hix, Pohl and omas Also Attending: Trustee Liaison G. H' , Town Attorney White, Director Stamey Senior Planner Joseph, Director Linna and Secretary Botic Absent: Commiss' er Brown ChairmaI the meeting to order at 1:30 p.m. 1. Mn 1.~ Minutes of the August 19, 1997 meeting were approved as l/tesented. 2. FINAL PLAT 2.a. Final Plp,1-·. projetpprt Wigh-landq Ruhrliviqion. Port-Inn Traet. A, Progrprt N:=t-al-*q Afl,91 tion. R,-Ar,hen Rolomnn/cynthia Curry Applicant (ront-·Inkerl frnm Angliqt- 19. 1997. This is a request to divide 66.218 acres into thirteen lots for R-S Single Family Residential, two Outlots for future development of a maximum of six dwelling units and one Open Space Outlot, to be known as Prospect Highlands Subdivision.. Applicant's representative, Kerry Prochaska, explained they have complied with recommendations, additional work has been completed regarding the geologic report, a neighborhood meeting was held in June, the storm drainage report has been revised, ·there have been many meetings with Planning and Public Work staff and they will comply with requests found in staff report dated September 11, 1997. Senior Planner Joseph reviewed the staff report reviewing previous areas Of cancern which have been addressed, identified 14 additional recommendations and in response to Applicant's request to delete a note regarding Outlots B and D·, recommended it be replaced with a note stating that "development of these lots shall be required to comply with all applicable standards and regulations in place at the time of development". Attorney White stated a separate document will be required to address improvements and related items to Curry Drive. Director Stamey reviewed the history of this proposal noting that 10 lots have identified a building envelope, neighbor's drainage concerns and subsequent mitigation has been reviewed/approved by Public Works. The historic trail has been located and public easement for the pedestrian trail has been identified, the Applicant has provided appropriate documentation from WAPA, after the initial Geological Report was received Applicant completed additional research with their consultant providing additional information and ideas to mitigate concerns. An Improvement
1 . I ..0/0.0 -U.L.'ING CO RECORD OF PROCEEDINGS Planning Commission - September 16, 1997 Page 2 Guarantee and Letter of Credit will be required prior to Town Board review. Senior Planner Joseph stated correspondence was f received from: Evan A. Jones (1711 Dekker Circle), Jack Dreibus (1720 Dekker Circle), C. Joseph and Dorothy Potter (555 Darcy Drive) who expressed concerns relating to impacts of the proposal, drainage, aesthetics, and geologic hazards. Audience comments were heard from John Phipps who represented the Prospect Townhomes Association. Mr. Phipps thanked the Planning Commission, Staff, Mr. Prochaska and Applicants for their time on this proposal. Mr. Phipps expressed concern with Note 12 on the Plat and requested the new Homeowners Association be incorporated and covenants completed prior to approval of the Final Plat. He also had concerns with Plat Notes 4, 5, 7 and 11 and requested they be repeated in the Covenants. Mr. Phipps expressed appreciation for drainage improvements and stated the ditch may need future modifications. He had questions on shared driveways, overflow from lower drainage and what documents will be recorded. Mr. Phipps questions were addressed by Mr. Prochaska, Director Linnane, and Attorney White. Evan Jones, 1711 Dekker Circle, expressed concern with water pressure from midnight to 4:00 a.m., the capacity of the detention pond and architectural control. Director Stamey explained there will be a water main extension from Arapaho Estates through the Watson proper#y which will replace the pump system currently utili€Ed: --- 4. Director Linnane and Mr. Prochaska responded to drainage concerns and Attorney White stated the Town is not responsible for aesthetic regulations. Roger Erickson, 473 Marcus Lane, expressed financial liability concerns and Attorney White responded. It was moved and seconded (Pohl/A. Hix) the Final Plat, Prospect Highlands Subdivision, Portion Tract A, Prospect Estates Addition, to be known as Prospect Highlands Subdivision, be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed by the following votes: those voting "Yes", Commissioners Burgess, Gilfillan, A. Hix, Pohl and Sager, those voting "No", Commissioner Thomas. 1. The "easement" reference shall be deleted from the 100 ft. wide Government Tract. 2. The road and utility construction plans shall be carefully reviewed to determine what specific hazard mitigation measures might be required to install the roads and utilities as proposed in compliance with the recommendations found in the Geologic Hazard Evaluation, and to identify opportunities for shared utility service line trenches which would minimize site disturbance. 3 Implementation of all the recommendations Of the Geologic Hazard Evaluation shall be a condition of Final Plat Approval. 4. All contractors performing blasting and site work shall be familiar with and follow the recommendations found in the Geologic Hazard Evaluation . 5. The responsibility for implementation of the Geologic Hazard Evaluation will be shared by the Devel-yer and the
./.0/0.OPUILISHING.0. RECORD OF PROCEEDINGS planning Commission - September 16, 1997 Page 3 future Home Owners. It shall be the Developer's responsibility to advise prospective buyers of the requirements which Will fall On the Home Owners including: • Each lot shall be subject to Development Plan Review which Will include geological and geotechnical investigations performed by qualified professionals to identify any site specific geologic hazards and make recommendations for mitigation as required. • The Home Owners Association shall be required to engage a qualified professional to perform the annual site reconnaissance and evaluation of the support of the boulders and shall perform any required hazard mitigation at its expense in a timely manner. The mapped rockfall line, the letter from Thomas Finley/ Foundation and Soils Engineering Inc. dated July 23 and the letter from Prochaska & Scobell / RMC dated August 1, shall all be made a part of the Geologic Hazard Evaluation, and shall be recorded together with Larimer County. 6. An access easement across Lot 10 to serve Lot 9 shall be added to the Final Plat. 7. The proposed road profile shall be raised as per staff's on site meeting with the Applicant's Engineer on 9-10-97. 8. The wording of Note #12 shall be revised to replace "the developer and future home owners" with "the lot owners". 9. A landscape design shall be prepared for the center island of the cul-de-sac. 10. Specifications and details for erosion control, slope stabilization and revegetation shall be provided prior to Town Board Approval. 11. Location of postal cluster boxes and subdivision identification sign should be added to the road construction plans._ 12. The access easement on outlot D should be identified as serving the adjacent outlot B parcel to the east. 13. Outlots B, C and D should be renamed A, B and C. 14. A note should be added stating that future development of Outlots shall be required to comply with all applicable standards and regulations in place at the time of development. 15. Prior to submittal to Town Board there Will be an agreement prepared and agreed to by Staff and Developer to address construction of street improvements on Curry Drive east of the cul-de-sac. 16. A Letter of Credit and Improvement Guarantee will be submitted prior to Town Board approval.
STANDARD TERM EXPIRATION DATE LEASE AMOUNT LEASES Cont'd. ' POWDER RIVER Yearly Renewal, 2001 $30,200/yr. RODEO beg. 9/9/97 - 3 PRODUCTIONS, yrs. INC./Stock Contr. KNOLL PROPERTY --0-7.g. 2003 $119,000/yr. - EPURA/Be@A.i,t!~ 1 TABOR YEARLY RENEWALS: TRAFFIC SIGNAL Beg. 1/28/97 - 1999 $370.00/Mo. 1 CONTROLS, INC., 3 yrs. ($13,045) Solar Mobile Traffic Monitor I Minolta Copy Beg. 1/97 - 3 12/99 $379.24 + extra I Machine 4050 yrs. copy fee Administration 1 UNITED VALLEY Beg. 6/09/95 - 6/09/2000 $14,226.19./yr. BANK, Modular 5 yrs. Bldg./Youth Ctr ESTES PARK Beg. 4/01/97 - 1/01/2001 $34,453.14 WILLOWS, INC. 5 yrs. $73,373.50 land purchase $191,037.34 $197,974.90 $27,590.00 UNITED VALLEY Beg. 6/97 - 5 6/2001 $19,394.07/yr. BANK/Elgin yrs. Street Sweeper Wireless Sound Beg. 11/97 - 4 11/2001 *Pending Lease System yrs. Confirmation Stanley View Beg. 11/97 - 9 12/2007 Payment Ltd./Lot 4, yrs. Schedule/Lease Stanley Historic Dist. (New Town Hall site)
RESOLUTION NO. WHEREAS, Section 26-6-402(2)(c) of the "Colorado Sunshine Act of 1972" as amended, requires a municipality to designate a public place to post notices of its meetings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the lobby area immediately adjacent to the Administrative Offices in the Estes Park Municipal Building, located at 170 MacGregor Avenue, Estes Park, Colorado, is hereby designated as the Public Place for Posting Notices of Town Meetings. DATED this day of , 1997. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk