HomeMy WebLinkAboutPACKET Town Board 2000-09-26Prepared: 9/19/00 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, September 26,2000 7:00 p.m. AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: 1. CONSENT CALENDAR: 1. Town Board Minutes dated September 12,2000. 2. Bills. 3. Committee Minutes: A. Public Works, September 21, 2000 - Approval of: 1. Water Department Radio Purchase - $6824.29. 2. Fall River, BT Construction, $110,003 James ST./Big Horn/MacGregor, Kitchen & Company, $112,850 Boyd Lane/Wonderview, Kitchen & Company, $241,515 Annual Fire Hydrant Project, BT Construction or Kitchen & Company, $20,000. 2. ACTION ITEMS: 1. PUBLIC HEARING: FINAL PLAT, MARY'S LAKE LODGE ADDITION: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony ' D. Mayor - Close Public Hearing E. Motion to Approve/Den'y 2. ORDINANCE #13-00 - VACATING A PORTION OF 209 BIG HORN DRIVE - Town Attorney White.
Town of Estes Park, Larimer County, Colorado, September 12, 2000 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 12th day of September, 2000. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan Doylen, Mayor ProTem Trustees: Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey Wayne Newsom Also Present: Rich Widmer, Town Administrator Rebecca van Deutekom, Deputy Town Clerk Gregory A. White, Town Attorney Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT CALENDAR: 1. Town Board Minutes dated August 22,2000. 2. Bills. 3. Committee Minutes: A. Public Safety, September 7,2000. 4. Estes Valley Planning Commission, August 15, 2000 (acknowledgement only). 5. Estes Valley Board of Adjustment, September 5,2000 (acknowledgement only). 6. Resolution #19-00 Authorizing Surprise Sale Days October 7 and 8,2000. 7. Mary's Lake Lodge Condominium Map. It was moved and seconded (Newsom/Doylen) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. ORDINANCE #11-00 - REGULATING THE POSESSION OF DRUG PARAPHERNALIA - APPROVAL. Assistant Town Administrator Repola explained the possession of drug paraphernalia was not addressed in ordinances that were previously adopted enabling the Municipal Court to hear a wider range of cases related to marijuana use. Town Attorney White read Ordinance #11-00 and it was moved and seconded (Gillette/Barker) Ordinance #11-00 be approved as presented, and it passed unanimously.
4 r Board of Trustees - September 12, 2000 - Page 2 2. RMNP DRAFT ENVIRONMENTAL ASSESSMENT REPORT FOR TWIN OWLS TRAILHEAD - PUBLIC DISCUSSION. Town Administrator Widmer reported that the Town received a Draft Environmental Assessment (EA) for Construction of the Twin Owls and Gem Lake Trailhead Parking prepared by Rocky Mountain National Park (RMNP) evaluating several alternatives that address the future of the Twin Owls and Gem Lake Trailheads, and the potential impacts that could result from each of the alternatives. Although the property addressed is not within the corporate limits of the Town, RMNP requested a "letter of comments" from the Town Board. Therefore, members of the community were given the opportunity to provide their comments and concerns in a public forum. Chief Ranger Joe Evans/RMNP, presented a brief history of previous land acquisitions and discussions with representatives of MacGregor Ranch and neighboring property owners. Eric Adams/Muriel L. MacGregor Charitable Trust, spoke in favor of Alternative 6A requesting that the Twin Owl lot be moved to the 11 acres originally purchased in 1983 for the new trailhead location. The following presented a history of their particular properties and offered the following opinions/comments: Ed Cruthers/Colorado Mountain School, explained the relationship between Enos Mills and RMNP and stated support for portions of Alternatives 2A, 2B, and 2C and opposition to Alternatives 6A or 6B. Renada Fernandez requested and received clarification of "adverse possession." Prather Ashe/1397 Claire Drive, stated support for Alternative lA that offers no impacts to neighboring landowners. Dr. George Mastio/1301 Devils Gulch Road, questioned the willingness of Trustees for the MacGregor Trust to compromise. He does not support the concept of a drop off area and questioned whether the access provided to the water plant could be utilized for trail traffic. Greg Sievers/The American Alpine Club, stated support for a modified version of several alternatives and encouraged the Town Board to request that RMNP address this issue in a phased manner. He noted that all affected parties must be willing to compromise to arrive at a fair solution. Harriet Burgess expressed concerns regarding bus fumes, noise, horse trailers, odors, public restrooms, and the lack of a buffer between the proposed parking lot and her property. Stated support for utilizing the water plant access for trail traffic. Dorothy Gibbs/1240 Devils Gulch Road, stated support for Alternative lA and opposition to Alternative 6B noting that parking overflow could adversely impact her property. Madeline Framson/Shining Mountains Group of the Colorado Mountain Club, presented a letter in support of Alternative 6A. Chief Ranger Joe Evans expressed appreciation to Town Trustees for providing the public forum and explained the process for additional citizens input. Comments from the Town Board included: access through northwest corner of the ranch property, safety issues for trail visitors, advantages of compromise for all parties, viability of Alternatives 6A and 6B, and a possible land trade to provide an alternate parking location. The public forum was concluded with no further action taken by the Board of Trustees.
Board of Trustees - September 12, 2000 - Page 3 3. FINAL PLAT OF APACHE ACRES SUBDIVISION, DON DARLING, STAN & JOANNE OLSON/APPLICANTS. Mayor Baudek opened the Public Hearing, and Senior Planner Joseph presented the staff report: Apache Acres is located east of Cherokee Meadows Subdivision and south of Majestic Pines. This proposal would subdivide 3.86 acres zoned Ed, Estate into four lots. At the time of Preliminary Plat approval, the property was zoned RS. Each lot is to be restricted to one single-family residence. Lots 1 and 2 will be zero lot line and the existing duplex will straddle the new property line in a zero lot line configuration. All future access is to be restricted to Pawnee Lane upon its completion. The right-of-way for Pawnee Lane and the improvement guarantee for the road construction from Cherokee Drive is part of the Final Plat of the adjacent Cherokee Meadows Subdivision Second Filing. The Final Plat is consistent with the Preliminary Plat for Apache Acres as approved by the Planning Commission. Public Testimony was heard from: Ross Stephen/Applicant's representative, who stated that Outlot A was established to protect the wetland area located in the southeast corner of the property and noted that no lots encroach into the wetlands. Concluding all testimony, Mayor Baudek closed the Public Hearing. It was moved and seconded (Newsom/Gillette) that the Final Plat of Apache Acres Subdivision be approved as presented, and it passed unanimously. 4. ORDINANCE #12-00 AMENDMENTS TO ESTES VALLEY DEVELOPMENT CODE - APPROVAL. Senior Planner Joseph presented Ordinance #12-00 amending Section 13.2 (C) (51) Junk Vehicle and Junk Yard, and Section 13.3 (146) Lot of Record. The additional language is consistent with historic Town and County definitions, and will clarify the information used to make determinations in these areas. Town Attorney White read the Ordinance and it was moved and seconded (Doylen/Jeffrey) Ordinance #12-00 be approved as presented, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT: A. Stanley Hall Renovation Project - Exterior Paint Contract. This item was removed from the agenda and discussed in Executive Session. B. Community Services Funding - Selection Team. The application procedure and budget process were reviewed. Trustees Doylen and Barker volunteered to assist in the evaluation process. C. Friendship Force - Gift from Zeeland, Netherlands. Mayor Baudek recently welcomed exchanging Friendship Force groups from Germany and the Netherlands. The Netherlands group presented the Town with a ceramic representation of a church from Zeeland, Netherlands. Favorable comments were received from both groups regarding the welcoming ceremonies and Mayoral recognition of the visitors. Books presented by each country are available in the public library. Town Administrator Widmer reported that Sales Tax Revenues for July were up 1 % from 1999; year-to-date is up 4.4%. There being no further business, it was moved and seconded (Doylen/Barker) the meeting be adjourned at 9:12 p.m. to Executive Session, and it passed unanimously. Mayor Baudek reconvened the Board at 10:33 p.m., and it was moved and seconded (Gillette/Jeffrey) the meeting be adjourned, and it passed unanimously. John Baudek, Mayor Rebecca van Deutekom, Deputy Town Clerk
IRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Public Works Committee September 21, 2000 Committee: Chairman Barker, Trustees Doylen and Gillette Attending: Chairman Barker and Trustee Doylen Absent Trustee Gillette Also Attending: Assistant Town Administrator Repola, Public Works Director Linnane, Deputy Clerk van Deutekom Chairman Barker called the meeting to order at 8:00 a.m. Purchase Replacement Radio Equipment - Approval. Director Linnane reported that the SCADA system radio equipment purchased in 1988 contains 17 radios, each with a life span of 10 to 15 years. Replacement of the radios began in 1998 at a rate of 2 per year. The Repeater and Thunder Mountain tank radios are scheduled for replacement in 2000. Timber Line Electric and Control provided a bid of $6,824.29 to install 2 radios with lightning protection which is within the 2000 budgeted amount of $7,500.00. The Committee recommends approval of the radio equipment purchase as presented. 2000 Water Line Proiect - Contract Approval. Director Linnane reported that in 2000, the Water Department budgeted $495,000 for the replacement of the water lines in the Capital Improvement Project Priority #1 list. The following bids were received: Proiect Low Bidder Bid Amount Fall River Estates Interconnection BT Construction $110,003 James St./Big Horn/MacGregor Interconnection Kitchen & Company 112,850 Boyd Lane/Wonderview Interconnection Kitchen & Company 241,515 Annual Fire Hydrant Project To be determined 20,000 Total $ 484,368 The annual fire hydrant project contractor will be BT Construction or Kitchen & Company, depending on the' unit price negotiation. Work will begin after October 1St and completed by December 31St. The Committee recommends awarding the contracts for a total of $484,368 as presented. REPORTS. The Customer Service Response Report for June, July, and August 2000 were presented. The final section of concrete path for the Mall Road project should be completed next week. There being no further business, Chairman Barker adjourned the meeting at 8:15 a.m. %€vaRL 00=1,--, Rebecca van Deutekom, Deputy Town Clerk
MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Senior Planner Date: 9-21-00 Subject: Final Plat Marys Lake Subdivison ( and Zoning Adjustment) Background: The proposed Mary's Lake Subdivision is located northwest of the intersection of Mary's Lake Road and Colorado Hwy 7. The proposal is for a five (5) lot, 40.1-acre mixed-use subdivision with a 2.8 ac. outlot to protect wetlands. At this time, the only proposed use is the existing Mary's Lake Lodge, which is being remodeled, with the remainder of the subdivision to remain vacant. Future land uses will be submitted for development review separately, and are anticipated to include accommodations, residential, and church uses. The property is currently zoned a combination of "A" Accommodation and "A-1" Accommodation. SST Bear Lake, LLC has an approved development plan for expansion of the Mary's Lake Lodge. The proposed Kiowa Drive will form a loop road through the subdivision, with improvements triggered by development patterns, as set forth in the Annexation Agreement. The existing zoning will be adjusted to follow the new property lines as set forth with the preliminary plat approval of this subdivision, and as labeled on the final plat (Lots 4&5 will be zoned A- 1, all other lots will be zoned A). PEAK EW 1 7 Qp CARRIAGE HILLS 9/ 7 MARY'S LAKE ¢ 9%> 1 GREY FOX Recommendation: SITE Approval of the Final Plat 00 4206¥ 1>· Vicinity Map NOT TO SCALE
2 , Memo Date: September 25,2000 TO: Honorable Mayor Baudek, Board of Trustees From: Gregory A. White, Town Attorney RE: Vacation Ordinance and Amendment to Agreement Background: In 1991 the Town vacated a portion of Big Horn Drive to the Wares. The purpose of said vacation was to legally recognize the encroachment into Big Horn Drive by the Wares' home. Also, an Agreement was signed requiring the Wares not to substantially improve the property, not to structurally alter or enlarge the property, or place additional buildings or structures on the property. Upon the building being demolished or removed, the Wares would deed the vacated right-of-way back to the Town. The Wares subsequently sold the property to David Y. Boon. Recently it has been discovered that there was an error in the legal description of the vacated portion of the right-of-way. There is now a necessity to vacate more than was originally vacated (169 sq. ft. as opposed to 77 sq. ft). The proposed Ordinance vacates the new legal description of 169 square feet and the Amendment to the Agreement replaces the legal description of the vacated street right- of-way in the Agreement. Budget: There are no budget implications. Action: Staff recommends approval of the Vacation Ordinance and the Amendment to the Agreement
, ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF BIG HORN DRIVE, A PUBLIC ROAD LOCATED IN ESTES PARK, COLORADO WHEREAS, Section 43-2-303, C.R.S. provides that the Board of Trustees of the Town of Estes Park, Colorado, may vacate any roadway or part thereof located within the corporate limits of the Town; and WHEREAS, the Town of Estes Park passed Ordinance 6-91 on March 26,1991, vacating a portion of Big Horn Drive; and WHEREAS, said Ordinance was recorded at Reception Number 91016973, on April 25, 1991, Larimer County Clerk and Recorder; and WHEREAS, it has been subsequently discovered that the legal description of said ordinance was incorrect and there is a need to vacate a larger portion of Big Horn Drive; and WHEREAS, the vacated portion of Big Horn Drive set forth in Ordinance No. 6-91 is totally included within the legal description of the portion of Big Horn Drive to be vacated by this Ordinance; and WHEREAS, the vacation of this portion of Big Horn Drive will not leave any land adjoining said portion of the road being vacated without an established public road connecting said land with another established public road. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: The Board of Trustees of the Town of Estes Park, Colorado hereby vacates, pursuant to the applicable provision of Part 3 of Article 2 of Title 43, Colorado Revised Statutes, the following described portion of Big Horn Drive. See Exhibit "A". Section 2: The adoption ofthis ordinance is hereby determined to be declared an emergency due to the fact that it is necessary to immediately vacate the right-of-way; and WHEREAS, in the opinion ofthe Board of Trustees an emergency exists, this ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,2000. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk
1 I . EXHIBIT "A" PROPOSED RIGHT-OF-WAY VACATION DESCRIPTION A tract of land located In the NW 1/4 of Section 25, TSN, R737 of the 6th p,m., Town of Estes Park, County of Larber, State of Colorado, being more particularly described as commencing at the Northwest corner of Lot 20, Block 10, Second Amended plat of the Town of Estes Park, as monumented by a Town of Estes Park Brass Cap In asphalt, and with all hearings contained herein being relative to the North line of said Lot 20 considered as bearing due Easts thence S06'04?31?W a distance of 253.89 feet to a point on the westerly right-of-way of Big Horn Drive, which Is the TRUE POINT OF BEGINNING, thence S88'29738?E a distance of 11.13 feetj thence S01'307227 W o distance of 1.00 feetJ thence S88'297387E a distance of 4,49 feeti thence S01'21?337 W a distance of 11.40 feet, thence S44'44?50?E a distance of 6,36 feet, thence &01'2173317 a distance of 5.87 feetj thence 30.42 feet along said westerly right-of-way line on the arc of a curve concave to the northeast, said curve has a delta angle of 873?217, a radius of 212.00 feet and Is subtencled by a chord which bears N40*16736?W a distance of 30.40 feet to the TRUE POINT OF BEGINNING. (the above described parcel contains 169 square feet, More or less)
1 AMENDMENT TO AGREEMENT This Amendment amends the Agreement dated the 26th day of March 1991, by and between David Y. Boon ("Boon") and the Town of Estes Park, a Colorado Municipal Corporation, (the "Town"). RECITALS WHEREAS, David L. Ware and Carole A. Ware entered into an Agreement with the Town on the 26th day of March, 1991; and WHEREAS, subsequently the Wares' property was sold to David Y. Boon who became the successor in interest to the Wares with regard to the property and the Agreement; and WHEREAS, it is necessary to amend the Agreement to correct the legal description set forth on Exhibit B of the Agreement. NOW THEREFORE, CONSIDERATION OF THE AGREEMENT HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Exhibit B of the Agreement dated the 26th day of March, 1991, and recorded at Reception No 91012469, on March 29, 1991, Larimer County Clerk and Recorder, shall hereby be amended by replacing Exhibit B of said Agreement with Exhibit B attached hereto and incorporated herein by this reference. 2. All other provisions of the Agreement dated the 26th day of March, 1991, will remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement this day of ,2000. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk David Y. Boon
. EXHIBIT "B" PROPOSED RIGHT-OF-WAY VACATION DESCRIPTION A tract of land located In the NW 1/4 of Section 25, T5N, R737 of the 6th p,m., Town of Estes Park, County of Larlmer, State of Colorado, being more particularly described as commencing at the Northwest corner of Lot 20, Block 10, Second Amended plat of the Town of Estes Park, as monumented by a Town of Estes Park Brass Cap In asphalt, and with all bearIngs contained herein being relative to the North line of said Lot 20 considered as bearing clue East, thence S06'04?31?W a distance of 253.89 feet to a point on the westerly right-of-way of Big Horn Drive, which Is the TRUE POINT OF BEGINNING, thence S88'29?38?E a distance of 11.13 feetj thence $01'30?22? W a distance of 1.00 feet, thence S88'29738?E a 'distance of 4,49 feet, thence S01*21?337 W a distance of 11,40 feetJ thence S44'44?50?E a distance of 6,36 feet, thence S01'217337\/ a distance of 5,87 feetj thence 30,42 feet along said westerly right-of-way line on the arc of a curve concave to the northeast, said curve has a delta angle of 8'13?217, a radius of 212.00 feet anal Is subtended by a chord which bears N40*16?36?W a distance of 30.40 feet to the TRUE POINT OF BEGINNING, (the above clescrlbeol parcel contains 169 square feet, more or less)