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HomeMy WebLinkAboutPACKET Town Board 1995-03-28BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 28, 1995 7:30 P.M. AGENDA PUBLIC INPUT. 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 March 14, 1995. 2. Bills. 3. Committee Minutes: A. Public Works, March 23, 1995. B. Planning Commission, March 21, 1995 (acknowledgement only). ACTION ITEMS: 1. Public Works, March 23, 1995: A. Revised Downtown Parking Plan. B. Habitat for Humanity - Waiver of Tap Fees. C. 1995 Water Line Project - Approval of Budget Expenditure. D. Vehicle Purchase - Approval of Budget Expenditure. 2. Planning Commission, March 21, 1995: A. Residential Annexation Policy - Adoption. B. Lot 9, Prospect Village Subdivision, Lynn Kinnie/Applicant 1. Memorandum of Agreement - Public Access Easement. 2. Ordinance - Vacate portion of right-of-way. 3. Town Administrator's Report: A. B. 1 Town of Estes Park, Larimer County, colorado, . Marqh. 121 . . . ., 19. 95. Minutes of a . Regular. . . meeting of the Board of Trustee0 of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Este, Park on the . 14,4 . day of .... .Ma~ch .., A.D., 19. ?R at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Present: Mayor H. B. Dannels Robert L. Dekker, Trustees: Mayor ProTem Susan L. Doylen, Stephen W. Gillette, William J. Marshall, Michael E. Miller, Also present: Gary F. Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk *1146A¢ 1 Absent: None Mayor Dannels called the meeting to order at 9:31 P.M. and presented Certificate of Appreciation Awards to Harriet Burgess and Alma Hix/Planning Commissioners, and Margaret Houston, Paula Laing Steige, Polly Gunn, and Sue Doylen/Former and Current Trustees. The awards recognized each individual's community (municipal) service. PUBLIC INPUT. There was no public comment. CONSENT CALENDAR: 1. Town Board minutes dated February 28, 1995. 2. Bills. 3. Committee Minutes: A. Community Development, March 6, 1995. It was moved and seconded (Gillette/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1.A. Special Events Department Agreements - Approval. Director Hinze reviewed the Glenda Bell Agreement, Western Heritage Days Specialty Act, and it was moved and seconded (Doylen/Marshall) this Agreement and the standard Agreement with the Colorado Holstein Association for a show July 9 - 16, 1995 be approved, and it passed unanimously. B. Lease Purchase of Tent for Special Events - Approval. The 1995 Budget includes $30,000 for a lease purchase of tents for various special events. The proposal is for two 20'x40' frame tents with sidewalls and one 60'x160' high-top tent with sidewalls, and set-up equipment for $64,314. The sole-source price is from Rent-Rite West Productions/Denver. Staff has researched this equipment, including maintenance (patching), and the Company will provide supervisory support. Materials used are nylon filament with a rubberized vinyl surface, and the large tent can be modified in size to accommodate multiple uses. Trustee Pauley questioned the life expectancy of the tents and 1, Board of Trustees - March 14, 1995 - Page 2 staff reported approximately 10 years. Trustee Miller questioned how the lease purchase was acceptable relative to TABOR. Staff replied that the lease purchase must be annually appropriated for in the budget. Attorney White commented that the lease purchase concept is a constitutional provision, recognized by the Court of Appeals. Trustee Miller also expressed his disappointment that this item did not follow standard procedure (committee process) and was being submitted directly to the Town Board for approval this date. In his opinion, it is not appropriate for the Town to purchase tents, particularly in view of the recent election seeking approval of excess revenues for the fire station building. Trustee Doylen responded that the Budget contained $30,000 for this purchase to assist all special events, and commented on public safety issues relative to the former tents; a $2,000 savings could be realized by proceeding directly to the Town Board; leasing is a method of administering TABOR, not circumventing it. Director Hinze reported that approximately $25,000/yr. is expended in tent rental for Wool Market, Scottish Festival, etc. Administrator Klaphake reported that the quoted price for the tents will increase $2,000 if approval is delayed to next month' s Community Development Committee meeting, and Community Development Committee Chairman Doylen was involved in this lease purchase process. Delivery would also be delayed, and the tents are first-needed for the Wool Market event. Trustee Dekker questioned whether the tent(s) would be up all summer and staff responded that they would generally be used on an "as needed" basis, avoiding extended exposure to the elements. C. Lease Purchase of Vehicle for Conference Center Marketing Director - Approval. The 1995 Budget also contains $4,500 for the lease purchase of a vehicle for the Marketing Director. The low bidder, Naughton Ford, submitted a bid of $12,183 for a Ford Taurus. Finance Officer Vavra contacted local lending institutions for interest rates on lease purchases, and the low rate of 6.9% was obtained from Key Bank. Financing the ·lease purchases is as follows: Tents ................. $64,314 Vehicle ............... 12.183 Total .. ...... .... $76,497 Down Payment .......... 34.500 Net to be financed $41.997 Following additional discussion, it was moved and seconded (Gillette/Dekker) both lease purchase agreements be approved, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall and Pauley. Those voting "No" Trustee Miller. 2. Two-Person Bucket Truck Replacement - Approval. Light and Power Director Matzke reported that in January 1995, the Department was authorized to solicit bids for replacement of the 1983 bucket truck. The Trustees reviewed a memorandum from Fleet Manger Shanafelt describing the research performed in designing bid specifications. Bids were received from the following: Board of Trustees - March 14, 1995 - Page 3 Altec Industries Truck Chassis ............... $ 41,214 Body & Aerial ............... 63.987 Total .................. $105,201 Less Trade-In ............... -20.000 Grand Total $ 85,201 Teague Equipment Truck Chassis ............... $ 41,214 Body & Aerial ............... 63.640 Total ......... ......... $104,854 Less Trade-In ............... -15.000 Grand Total $ 89.854 Staff expects a 6-month delivery after the order is placed. It was moved and seconded (Dekker/Pauley) the low bid submitted by Altec Industries be accepted, and it passed unanimously. 3.A. Replat Of Lot 131. Al Fresco Place Addition. John Grace/Applicant. Mayor Dannels opened the public hearing and Senior Planner Joseph reported that the Applicant is proposing to divide the existing lot of 2.2 acres into two lots of 1.17 and 1.03 acres. The proposal includes a request for an exception to the minimum lot size requirement: Lot 131A is 51,000* in lieu of the required 60,000 sq. ft., and Lot 131B is 45,0001 in lieu of the required 74,000 st. ft. Staff confirmed that the lot size is due to the existing slope. A new single-family residence is planned on Lot 131B. The driveway design has been approved, pins have been set, the easement for utilities submitted and the attorney's letter has been received. The Town has not received any correspondence either in favor of, or in opposition to the proposal, and staff confirmed that the Applicant (or his family) has owned this property for a number of years--prior to current zoning regulations. Trustees Dekker and Miller commented on the concern with the frequency of lot splits; however, this proposal is valid due to the owner's historical ownership and the lot split will not change existing character of the neighborhood. There being no further comment, Mayor Dannels closed the public hearing. It was moved and seconded (Dekker/Gillette) the Replat of Lot 131, Al Fresco Place Addition be approved with the three conditions established by the Planning Commission (as defined in the Planning Commission minutes dated September 20, 1994), and it passed unanimously. B. Amended Plat of Lot 10. Block 2. Park Entrance Estates. Ted Chittwood/Applicant. It was moved and seconded (Doylen/Gillette) the Amended Plat be continued to April 11, 1995, and it passed unanimously. C. Amended Plat of Lots 22. 23 and a Portion of Lot 16. Sunny Acres Addition. Arnold. Jowavne and Roy Johnson/Applicant. It was moved and seconded (Doylen/Gillette) the Amended Plat be continued to April 11, 1995, and it passed unanimously. 4. Town Administrator's Report: A. Administrator Klaphake presented the following statistics: Sales Tax Revenues Report; Sales Tax Receipts Report 1990-1994; Sales Tax Classification by Category 1992-1994; Trend Lines, and Economic Indicators. Staff will verify that the grocery percentage of 1,562% listed in the Economic Indicators Report is accurate and report back to the Town Board. Following completion of all agenda items, Mayor Dannels commented on his recent trip to Washington, DC to attend the NLC Board of Trustees - March 14, 1995 - Page 4 Congressional Cities Conference. Speeches were presented by President Clinton and Speaker of the House Genrich. There being no further business, Mayor Dannels adjourned the meeting at 8:44 P.M. .................. Mayor Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee March 23, 1995 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 8:00 a.m. HABITAT FOR HUMANITY -- REOUEST TO WAIVE WATER TAP FEE Bob Jones, member of Habitat for Humanity, requested the Town waive the water tap fee for Lot 2, Murphy Subdivision, the location of the organization's next project. A similar waiver was granted on August 26, 1993 for a project at 506 Columbine Avenue. Member Miller agreed that this type of assistance is a viable answer to the low-cost housing problem. The Committee recommends the waiver of the water tap fee be granted, with the restriction that the Town shall be reimbursed if the house is sold on the open market within ten (10) years, and that $4,020 be transferred from the General Fund to the Water Fund. REVISED DOWNTOWN PARKING PLAN -- PRESENTATION Randy Martin, EPURA Commissioner, reported that a meeting sponsored by the Chamber of Commerce was held to encourage downtown merchant participation in solving the downtown parking problem. A three phase plan over a three year period was recommended. Commissioner Martin stressed the purpose of the plan was not to punish visitors but to control the employer/employee parking in downtown lots. Statistics indicate there are 10,000 cars per day that travel Highway 34 into Estes Park during the summer months. With growth expected to continue and space for additional parking lots limited, a solution is necessary. Administrator Klaphake explained that the plan involves paid parking in downtown lots, to be instituted in phases. The spaces will be stenciled with numbers that coincide with metal slot boxes. The cost, the hours tended, the lots affected and the time schedule all need to be considered. Preliminary Phase I will include the Weist Lot, the north half of the Post Office Lot, the Dairy Queen Lot, the Riverside Lot, and the Coffee Bar Lot. Preliminary Phase II will add the Lot from Estes Park Bank to the Library, the Cleave Street Lot, and the Ice House Lot. Preliminary Phase III will include the Municipal Lot, Dells Drive In, and the Chamber of Commerce Lots and possibly the Transit Center. All lots Will continue to conform with ADA requirements. Trustee concerns included plan cost, a possible deterrence to visitors, and the use of a parking token distributed " by businesses. Citizen concerns were: Kipp Baker/need to have Trolley for convenience and to diminish congestion downtown; take care of employers/employees first and visitors second; enforce handicapped parking violations. Diane Seybold/revenues generated should be restricted to parking solution; length of stay of the typical visitor versus cost of parking. Vivian Moyers/Postal delivery for downtown merchants would reduce parking problem. Scott Webermeier/solution will benefit entire community; believes the Chamber will lose ability to operate if their lot is designated as Park 'N Ride. Tom Hall/everyone needs to be involved in the solution; quantify value of parking spaces. Administrator Klaphake BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee, March 23, 1995 - Page 2 added that the $20,000 subsidy for the Trolley remains in the budget pending Chamber of Commerce involvement. The Committee recommends that this revised downtown parking plan be submitted to Town Board for further discussion, including a follow-up with Post Office representatives regarding downtown mail delivery, and that the Chamber of Commerce,pursue a parking token program and sponsor a business educational program regarding the downtown parking problem. Trustee Gillette thanked the Chamber of Commerce and EPURA for their involvement in the revised downtown parking plan. DOWNTOWN BICYCLE ACCESS -- DISCUSSION Administrator Klaphake has received concerns regarding the inaccessibility of bicycles in the downtown area, including the Riverwalk and Elkhorn Avenue. With the Hike/Bike Trail connection to downtown, it is suggested that bikes be allowed to cross at the proposed East Elkhorn Pedestrian Traffic Signal, continue on a designated path behind the Municipal Building, and around Bond Park. Chairman Gillette reported that the Public Safety Committee is proposing a policy, including police enforcement, to discourage the use of bicycles, skateboards and rollerblades on the Riverwalk. No further actiori at this time. REOUEST BY US WEST FOR PROPOSED EOUIPMENT IN TOWN RIGHT-OF-WAY -- APPROVAL Director Linnane reported that US West Communications has requested a 6' x 12' equipment cabinet be located on a 15' x 30' space of land approximately 15' east of the Golf Course sign on Golf Course Road. The cabinet is 6' above ground, and will be surrounded by a cedar fence. Both the Fairways and Eagle View Homeowners Associations and Golf Course management have agreed to this location. Trustees concern regarded cooperation from US West regarding phone line installation. The committee recommends approval for the placement· of a US West equipment cabinet in the right-of-way on Golf Course Road. Chairman Gillette requested that US West provide, in writing, the status of phone line installation in the Estes Park area. US WEST EASEMENT REOUEST ON TOWN PROPERTY -- APPROVAL Director Linnane reported that US West requested two easements, one temporary and one permanent, at the Elm Road/Highway 36 intersection to house equipment cabinets. The permanent easement location will'house a 6' x 6' x 6' cabinet, 8' above ground, surrounded by a cedar fence. The location is in the northwest corner of the property, not visible to surrounding neighbors. The Committee recommehds approval of these two easements, pending notification to Norm Silge, an adjacent property owner. 1995 WATER LINE PROJECT REOUEST -- APPROVAL TO AWARD BID Director Linnane reported the budget for the 1995 Water Looping Project is $250,000 and the following two bids were received: BTC Construction, Inc. $230,266.00 Ricor, Inc. $266,448.00 Director Linnane explained that the requirements for asphalt patching and flow fill may reduce the project without a reduction in cost. The Committee recommends approval of the bid received from BTC Construction, Inc., in the amount of $230,266.00. BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee, March 23, 1995 - Page 3 Director Linnane has informed Rocky Mountain Consultants that future Change Orders must be submitted within 24 hours of occurrence. PARKS DEPARTMENT VEHICLE PURCHASE -- AUTHORIZATION Director Linnane reported the budget to purchase a truck with snowplow is $20,000 and the following two bids were received: Rains Motor Co. $14,959.00 (including trade in) Daniels Chevrolet $15,723,69 (including trade in) The Committee recommends approval of the low bid in the amount of $14,959.00 submitted by Rains Motor Co. REPORTS The Committee reviewed the Customer Service Response and Water Reports for February. Director Linnane reported the drawings of the CDOT Highways 7 and 34 Projects will continue to be posted at each meeting for reference. Completion of the Hike/Bike Trail is expected May 20, with ribbon cutting tentatively scheduled the first week in June. The Augmentation Plan Update will be reviewed at the next meeting pending notification from Attorney White. The Department is considering the closure of Fifth Street access onto Manford Avenue. Certified letters were mailed to eleven affected property owners. This item will be considered during the April Public Works Committee meeting. There being no further business, staff requested an Executive Session to discuss property acquisition negotiations. Receiving consensus to enter Executive Session, Chairman Gillette adjourned the meeting at 9:42 a.m. -1~Le- K M Tina Kuehl, Deputy Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission March 21, 1995 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: All Also Attending: Senior Planner Joseph, Clerk O'Connor Absent: Trustee Liaison Dekker Chairman Sager called the meting to order at 1:30 P.M. and acknowledged the Award presented to Commissioners Burgess and A. Hix by Mayor Dannels March 14, 1995. 1. MINUTES. Minutes of the February 21, 1995 meeting were approved as submitted. 2. DEVELOPMENT PLANS. 2.A. Amended Development Plan #95-3. Lots 22. 23. and a Portion of Lot 16. Sunny Acres Addition. Arnold. Jowavne and Roy Johnson/Applicants. Applicant's Representative Kerry Prochaska advised that the Development Plan was approved with one of the conditions being that Highway 34 access be obtained. CDOT has revoked their claim; therefore, access has been realigned off of the Sunny Acres access road; various buildings have been shifted; however, the total number of units has not changed. The Commission received a letter from Ted Voss/Wetlands consultant advising that there were no wetlands on this site. A verbal response has been obtained from the Corps of Engineers--a written statement should be received shortly. Planner Joseph reviewed the staff report advising all conditions have been complied with; however, staff desires clarification on; (1) how the driveway connects to the roadway, and (2) connection points for the radius's. Mr. Prochaska responded that a driveway profile has been completed and he will meet with the Public Works Department; there is approximately 15' for a pedestrian access between the river, bridge and driveway for the turning movement onto the highway. The driveway can be moved to the north if necessary. Mr. Prochaska confirmed that the 900 intersection is sufficient and they it will be aligned and follow the contours. Mr. Prochaska reviewed research on the roadway ownership, and contends that such has been dedicated to public use. Planner Joseph noted that the town will not be responsible for maintaining this access. The section in question will be brought up to Town standards; however, the Town, in their street overlaying program, will pave over the top of the bridge. The Applicant will comply with planting requirements, and a Planting Plan, with all detail information, will be submitted to staff. An existing mobile home on the Applicant's property will be removed. There were no comments from the audience. Therefore, it was moved and seconded (A. Hix/Brown) the Amended Development Plan #95-3, for Lots 22 and 23, Sunny Acres Addition be approved contingent upon the following, and it passed unanimously: 1. The 900 Intersection of the roadway radius be paved. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - March 21, 1995 - Page 2 2. As stated in the February 21, 1995 meeting, a Planting Plan indicating planting locations, sizes, types and quantities, be submitted to staff. 3. The existing mobile home be removed from the site. 4. As stated in the February 21, 1995 meeting, a note be added to the Development Plan that commercial uses are prohibited. 2.B. Development Plan #95-4. Lot 16. Grand Estates Subdivision. Hillerv Parrack/Applicant. Applicant's Representative Kochevar advised that the Applicant is proposing three duplex buildings (six single-family residential condominium units total). Each unit will provide approximately 1,400 sq. ft. of living area on one level with an attached two car garage. A 5' high wooden fence is proposed along the south property line which has been approved by the adjacent property owner. Completion is anticipated by March 1, 1998. The Applicant concurs with staff recommendations, with the exception of: (1) provide typical section for the retaining wall and walkways on the Development Plan; (2) indicate all information on landscaping; and (3) provide an easement for the water line. Mr. Kochevar believes information on the retaining wall is unnecessary; district boundary landscaping is being supplied by a fence and further detail on landscaping is unnecessary; and the Applicant will sign an agreement only if prepared by the Town. Clarification was received on the following: all units are handicapped-accessible, however, such a unit has not been identified on the Plan; fencing materials will most likely be stained wood, with 5' alternating panels, extending to the southeast corner of the site. Planner Joseph reviewed the staff report, stating that the proposed multi-family use provides a desirable transition between commercial and single-family; and that information is needed on the following: (1) finished floor elevation for the units; identify the handicapped unit; the Planting Plan, at a minimum, is of value as it clearly identifies the size, type, and quantity of material to be planted; the release from the middle drainage detention pond is to avoid the driveway to the south, routing drainage around the driveway to the east; Director Linnane reported that there is a "blanket easement" for the existing water main, however, staff is requesting a separate, more definitive document/easement for the water line - regarding easement preparation costs, staff replied that the Applicant pays these costs, not the Town; in addition, if the water line it relocated to the north along the property line, this relocation meets with Public Works' approval; the proposed ditch along the east property line should be reviewed to ensure the ditch captures all drainage and routes same to the existing ditch on the west side of existing Russian Olive trees. Discussion followed whether or not the right angle turns for the sidewalks, approaching the garages is appropriate. Mr. Kochevar stated that the site plan is not intended to serve as a construction plan, and he took exception to the amount of detail being requested as same, in his opinion, was not required by the Municipal Code. Mr. Kochevar did confirm that a note will be added to the Plan stating that the homeowners association would be responsible for the maintenance of the fence. BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - March 21, 1995 - Page 3 It was moved and seconded (Brown/Pohl) Development Plan #95-4, Lot 16, Grand Estates Subdivision be approved with the following conditions, and it passed unanimously: 1. Indicate on the Development Plan: Finished floor elevations. Width and surface of walkways. Drive surface and base. Additional detention pond details (dimensions, elevations, cross section, size of rip-rap). • Size, type, and location of plantings. • Cluster box location. 2. The Applicant provide to and accepted by the Town, a signed easement for the width of 10' north across the property line. The easement can specify that if relocation of the water line is required, the Town will perform said relocation. 3. Install a 1-1/2" valve at water main/service line. 4. The Applicant connect to the existing drainage swale along the east property line, with said connection to be continuous. 5. The fence design be specified as alternating 5' stained wood panels. If the Applicant desires to amend the fence materials, he must return to the Commission and request a variance. 6. The drainage discharge will avoid damage to the property and driveway to the south and east. 7. A handicapped unit be designated and information given to staff regarding there being sufficient width of the walkway for handicapped access. 2.C. Amended Development Plan #94-11. Black Canyon Inn. Jim Sloan/Applicant. The Planning Commission approved the original Development Plan in December, 1994 where two existing cabins were being removed in the area immediately south of the restaurant. Applicant' s Representative Kochevar reported that additional inspection of these cabins has led the owner to conclude that they should be salvaged for employee housing and moved to another location on the site. The Applicant believes this kind of housing is at such a premium in Estes Park, that a rather significant investment in these small cabins is warranted. Both cabins have small entry porches, wood siding, gingerbread woodwork along the gable ends, etc. The Amended Plan indicated a new location for the cabins along the easterly lot line and adjacent to Black Canyon Hills Subdivision. The area is not easily seen from the neighboring property as it is near the rear lot lines. The site was chosen as it is very removed from the guest units and adjacent to an existing employee housing unit. Each cabin will be connected to public water, sewer and electricity. A complete revision to the Black Canyon Inn Development Plan is in progress; however, the Applicant is requesting that as one more foundation must be placed before the revised plan is prepared (to ensure accuracy), the Commission consider this proposal as a supplement to the original development plan. Commissioner Pohl reported that the cabins have already moved; Mr. Kochevar confirmed the cabins have been moved; however they are not "sited"--the Owner was unaware that approval must .... BRADFORD PUBLISHING CO RECORD OF PROCEEDINGS Planning Commission - March 21, 1995 - Page 4 first be obtained prior to relocating structures. Staff confirmed that the supplemental development plan process is a sanctioned Planning Commission act, contained in the Municipal Code. Staff had no further comments, and there were no comments from the audience. It was moved and seconded (A. Hix/Burgess) the Amendment to Development Plan #94-11 for the relocation of two cabins to the location identified on the supplemental sketch be approved. In addition, an accurate/revised Black Canyon Development Plan is to be with submitted within 60 days from this date, and it passed unanimously. 3. SUBDIVISIONS. 3.A. Tract 15. Fall River Addition (Edwards Subdivision). Craig Duell/Applicant. On April 19, 1994, the Planning Commission approved the Edwards Subdivision which split one lot into two lots. During review, it was assumed that the newly created vacant lot, Tract 15B, would be connected to public sewer. One of the Commission conditions of approval was: "Provide private sewer service line to Tract 158." With a building permit application for Tract 15B, staff observed that a septic system was being proposed, and Applicant's Representative Bill Van Horn is requesting approval of same. Mr. Van Horn reported that UTSD has no objection to the lot split and did recommend a private service for 15B. The property is within the UTSD boundary, however, the District has no authority to demand service connection. The Larimer County Health Department has stated that i f property ' is at least 400' from a sewer line, they had no objection to a septic system and lift station. Approval of a septic system is contingent upon obtaining a permit and a test of the system. In Mr. Van Horn's opinion, if property installed, this site can accommodate a septic system. The Applicant is attempting to save approximately $10-12,000 as he is able to excavate and install the septic system himself. An exception to the minimum lot area was previously granted. Without public sewer, an additional 18,000 sq. ft. would have been required for a total of 80,000 sq. ft. Commissioner A. Hix stated there were two issues: (1) financial consideration--actual costs to actual costs should be compared, and (2) a decision cannot be made without confirmation of a perk test and system design. Mr. Van Horn commented that there are a number of septic systems inside Town limits and they function well, and the County views a vault as the absolute last resort. There were no comments from the audience. Commissioner Gilfillan stated that when the lot split was approved, it was with the understanding that sanitary sewer service would be obtained; therefore, it was moved and seconded (Gilfillan/Thomas) the request for a septic system be denied, and it passed unanimously. Commissioner Brown added that it is undesirable to set a precedent to allow septic systems inside Town limits where sewer service is available. 3.B. Final Plat of a Portion of Tract 65. Fall River Addition. (Castle Mountain Estates). Jack Norris/Applicant. Paul Kochevar, Applicant's Representative, presented proposed uses for Lot 4 and a Use Regulation Schedule (Section 17.16.020). This review is for the final plat of the first filing originally submitted by Penny Kane. The intended second filing (4 lots) is shown for informational purposes, and the BRADFORD PUILISHING CO RECORD OF PROCEEDINGS Planning Commission - March 21, 1995 - Page 5 resultant common open space outlots are also shown. The original intent was to subdivide into single-family lots in two phases. There is currently proposed a different lot configuration which generally proposed Lot 4 for either limited commercial or single-family use--the Applicant may submit a rezoning request for the remaining lots. Preliminary cost estimates are being prepared by the Light and Power Dept. for undergrounding the existing overhead power line; however, all new electric lines will be underground all along the site. Mr. Kochevar requested consideration by the Town Board be scheduled April 11, 1995. Discussion followed on the proposed use of a Bed and Breakfast for up to 20 guests. Staff confirmed that the proposed use is not a bed and breakfast by definition - zoning allows a commercial accommodation at this site. Staff requested and received clarification on potential commercial use on Lot 4, and on the private access to Lots 4, 5, and 6. The covenants contain language ensuring that the homeowners are responsible for the maintenance of the open space--the covenants are prepared and will be submitted to staff. Mr. Kochevar also stated the Applicant's intention to add a note to the plat that the area reserved for future lots is not available as a building site as a single lot, as shown on this plat. Comments were heard from adjacent property Pieter Hondius who expressed concern that the open space be so designated permanently; and that a buffer between the RMNP boundary be provided in future planning efforts. Mr. Kochevar responded that once platted, the Town becomes a party to the open space; the homeowners would need a 100% vote and Town approval to development/amend the open space. Development is not precluded; however, significant control would be in place. Larry Gamble/RMNP referred to and commented on the four conditions placed on the final plat by the Planning Commission January 18, 1994: use restrictions, grading plan, mitigate cut and fill, and Town control of the open space. Planner Joseph noted that the four points can be addressed when future lots are submitted for approval. Concluding all discussion, it was moved and seconded (Brown/Burgess) the Final Plat of Castle Mountain Estates be approved contingent upon the following, and it passed unanimously: 1. Add a note to the plat identifying any use restrictions (e.g., Lots 1-3,5-7tobe used only for single-family dwellings. Lot 4 may be used for commercial purposes. It would be preferable if a specific use were identified). 2. The private drive extending beyond the cul-de-sac be removed the plat. 3. Based upon the proposed uses and schedule presented by the Applicant this date, a note be added to the plat designating Outlot B as an Open Space Outlot. 3.C. Preliminary Plat. Sleepv Hollow Subdivision. Gary D. Connelly/Applicant. Applicant's Representative Kerry Prochaska reported on a discussion with Town Attorney White concerning access and ownership concerns for this site. Adjacent property owner Jim Tawney may or may not have rights to the roadway. The Applicant has reach a preliminary verbal agreement from Mike Wallace/Blackhawk Lodges, and Jeff Barker/Trail West for access. BRADFORIPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - March 21, 1995 - Page 6 Mr. Prochaska noted that ten single-family lots are being proposed, including two open space outlots, and a CDOT Highway Permit has not yet been approved. Discussion followed concerning the difficulty Commissioners experience in inspecting the site when stakes have not yet been placed; the roadway that ends at the cul-de-sac will be installed to Town standards; the private drive to the south will follow the existing road with a 10-14% grade at the upper reaches; and staff desires additional information on the roadway, ie: roadway profile. Planner Joseph reviewed the staff report, specifically noting that staff is suggesting a note be placed on the plat stating that maintenance of the private one-lane bridge is the responsibility of the lot owners, should the need arise for the one-lane bridge to be converted to a two-lane bridge, this would also be the lot owners responsibility. Mr. Prochaska stated that there are five single-lane bridges in existence today, and to his knowledge, the Town has never placed such a condition on the lot owners. Staff responded that the requirement is due to the development of the site into single- family lots. Public Works Director Linnane commented that the Town does allow non-standard roads to access parking areas, commercial-single owner areas, and this single-family subdivision is not in the same category based upon use. Commissioner Gilfillan confirmed that this requirement has been in existence for some time. Commissioner A. Hix was excused from the meeting at 3:30 P.M. due to a schedule conflict. Comments from the audience were heard from Mike Wallace/Blackhawk Lodges--the bridge should not be a problem; the Agreement contains language preventing the Town from assuming ownership of the access easement, and there is not sufficient property to accommodate a two-lane bridge. Jeff Barker/Trails West--confirmed the Agreement is being prepared, and he urged approval of the plat. Jim Tawney stated that both his attorney and Town Attorney White have been in contact, Mr. Tawney does claim ownership and access is not resolved. Commissioner comments included: the Planning Commission does not litigate ownership, and an Attorney's Certificate attesting to legal ownership is required by the Code and such is to be submitted by the Applicant during the Final Plat process. There being no further discussion, it was moved and seconded (Thomas/Pohl) the Preliminary Plat of Sleepy Hollow Subdivision be approved with the following conditions, and it passed unanimously: 1. The maintenance and/or replacement of the private bridge be the responsibility of the homeowners', and a note be placed on the plat to this effect. 2. Applicant obtain a Highway Access Permit from CDOT. 3. Applicant provide a fully executed Improvement Guarantee for improvements associated with the access easement agreement, and the easement be recorded. 4. An Agreement for the bridge between the Town and the Applicant (or any future land owners) be BRAOFOROPUBLISHING co. RECORD OF PROCEEDINGS Planning Commission - March 21, 1995 - Page 7 prepared and executed. 3.D. Preliminary Plat. Placid Lake Subdivision. J. R. and Rachael Preston/Applicant. Acting upon the Applicant's request, it was moved and seconded (Brown/Burgess) the Preliminary Plat be continued to April 18, 1995, and it passed unanimously. 3.E. Final Plat of Grey Fox Estates. First Filing. Dick and Ann Barlow/Applicant. It was moved and seconded (Burgess/Brown) this item be continued to April 18, 1995, and it passed unanimously. 4. ANNEXATIONS. 4.A. Grev Fox Estates, Third and Fourth Addition. Dick and Ann Barlow/Applicant. Applicant's Representative Van Horn stated that this proposal consists of the annexation of three contiguous parcels, totalling 66.69 acres. E-Estate zoning and single-family development is proposed. Concerning the vicinity map, Mr. Van Horn confirmed he will use two different shadings to indicate how each addition fits with the whole. Correspondence was received from adjacent property owners Bob and Jodie Leadley (Lots 20 and 21) listing six areas of concern with the potential annexation. In summary, the Leadley's are requesting assurance that existing uses (home occupations) and accessory dwelling units which are allowed under County E-Estate zoning will be allowed under Town E- Estate zoning. Mr. Van Horn stated the uses would become legal non-conforming uses and he requested a letter of confirmation so stating from the Community Development Department. There were no comments from the audience, and it was moved and seconded (Thomas/Burgess) the Annexation of Grey Fox Estates, Third and Fourth Additions, to include E-Estate Zoning be favorably recommended to the Board of Trustees, and it passed unanimously. 5. RESIDENTIAL ANNEXATION POLICY - PRESENTATION. Assistant Town Administrator Widmer reported that at their meeting held February 28, 1995 the Board of Trustees referred the above- mentioned Policy to the Planning Commission (the Policy was first reviewed by the Public Works Committee February 23, 1995). Staff prepared a Policy for Residential Annexations as contained in a Resolution. The Policy confirms the Town's position and it has been reviewed by Town Attorney White. Subject to a Memorandum of Understanding concerning Special Improvement Districts, the Policy recognizes a subdivision's contribution to the Town's economy by stating the Town will pay one-half of the asphalt portion of paving costs. Discussion followed, and it was moved and seconded (Brown/Burgess) the Planning Commission endorse the Residential Annexation Policy as presented, and so advise the Board of Trustees, and it passed unanimously. There being no further business, Chairman Sager adjourned the meeting at 4:03 P.M. 357'-71 - ~-, C , Lue,u- ((,0 (fo,$) Vickie O'Connor, CMC, Town Clerk HAOm.O PUILI'll.' cO. RECORD OF PROCEEDINGS =- Public Works Committee March 23, 1995 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 8:00 a.m· REVISED_DOWNTOWN PARKING PLAN -- PRESENTATION Randy Martin, EPURA Commissioner, reported that a meeting sponsored by the Chamber of Commerce was held to encourage downtown merchant participation in solving the downtown parking problem. A three phase plan over a three year period was recommended. Commissioner Martin stressed the purpose of the plan was not to punish visitors 1Lle·2* but to control the employer/employee parking in downtown lots. statistics indicate there are 10,000 cars per day that travel Highway 34 into Estes Park during the summer months. With growth expected to continue and space for additional parking lots limited, a solution is necessary. Administrator Klaphake explained that the plan involves paid parking in downtown lots, to be instituted in phases. The spaces will be stenciled with numbers that coincide with metal slot boxes. The cost, the hours tended, the lots affected and the - time schedule all need to be considered. preliminary Phase I will include the Weist Lot, the north half of the Post Office Lot, the Dairy Queen Lot, the Riverside Lot, and the Coffee Bar Lot. Preliminary Phase II will add the Lot from Estes Park Bank to the Library, the Cleave Street Lot, and the Ice House Lot. Preliminary Phase III will include the Municipal Lot, Dells Drive In, and the Chamber of Commerce Lots and possibly the Transit Center. All lots will continue to conform with ADA requirements. Trustee concerns included plan cost, a possible deterrence to visitors, and the use of a parking token distributed by businesses. Citizen concerns were: Kipp Baker/need to have Trolley for convenience and to diminish congestion downtown; take care of employers/employees first and visitors second; enforce handicapped parking violations. Diane Seybold/revenues generated should be restricted to parking solution; length of stay of the typical visitor versus cost of parking. Vivian Moyers/Postal delivery for downtown merchants would reduce parking problem. scott Webermeier/solution will benefit entire community; believes the Chamber will lose ability to operate if their lot is designated as Park 'N Ride. Tom Hall/everyone needs to be involved in the solution; quantify value of parking spaces. Administrator Klaphake added that the $20,000 subsidy for the Trolley remains in the budget pending Chamber of Commerce involvement. The Committee recommends that this revised downtown parking plan be submitted to Town Board for further discussion. including a follow-up with Post Office representatives regarding downtown mail delivery, and that the Chamber of Commerce pursue a parking token program and sponsor a business educational program regarding the downtown parking problem. Trustee Gillette thanked the Chamber of Commerce and EPURA for their involvement in the revised downtown parking plan. aMAOFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee March 23, 1995 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 8:00 a.m. HABITAT FOR HUMANITY -- REOUEST TO WAIVE WATER TAP FEE 1-8. Bob Jones, member of Habitat for Humanity, requested the Town waive ~00,*p the water tap fee for Lot 2, Murphy Subdivision, the location of 41) the organization' s. next project. - A similar waiver was granted on August 26, 1993 for a project at 506 Columbine Avenue. Member Miller agreed that this type of assistance is a viable answer to © the low-cost housing problem. The Committee recommends the waiver **I of the water tap fee be granted, with the restriction that the Town shall be reimbursed if the house is sold on the open market within ten (10) years, and that $4,020 be transferred from the General Fund to the Water Fund. 1995 WATER LINE PROJECT REOUEST -- APPROVAL TO AWARD BID Director Linnane reported the budget for the 1995 Water Looping -~~$1 Project is $250,000 and the following two bids were received: BTC Construction, Inc. $230,266.00 FO Ricor, Inc. $266,448.00 K EU 41.. Director Linnane explained that the requirements for asphalt patching and flow fill may reduce the project without a reduction in cost. The Committee recommends approval of the bid received from BTC Construction, Inc., in the amount of $230,266.00. PARKS DEPARTMENT VEHICLE PURCHASE -- AUTHORIZATION Director Linnane reported the budget to purchase a truck with snowplow is $20,000 and the following two bids were received: - r, I:i Rains Motor Co. $14,959.00 (including trade in) Pto . Daniels Chevrolet $15,723,69 (including trade in) The Committee recommends approval of the low bid in the amount of $14,959.00 submitted by Rains Motor Co. 0 IMAC)/0.OPUILISHINGCO RECORD OF PROCEEDINGS planning Commission - March 21, 1995 - page 7 prepared and executed. 3.D. Preliminary Plat. Placid Lake Subdivision, J. R. and Rachael Preston/Applicant. Acting upon the Applicant' equest, it was moved and seconded (Brown/Burgess) e p liminary Plat be continued to April 18, 1995, and it sed una imously. 3.E. nal Plat of Gre* Fox Estates. First Filin Dick and Ann B low/Applicant. It was moved seconded (Burgess rown) this item be continued to Apr 18, 1995, and it passed animously. 4. ANNEXATIONS. 4.A. Grev Fox Es tes. Third and Four Addition. Dick and Ann Barlow/Applicant. Pplicant's Repr entative Van Horn stated that this proposa consists Of the annexation of three contiguous parcels, talling 6 .69 acres. E-Estate zoning and single-family deve pment s proposed. Concerning the vicinity map, Mr. Van Hor co irmed he will use two different shadings to indicate how e addition fits with the whole. Correspondence was rece' ed f adjacent property owners Bob and Jodie Leadley (L s 20 a 21) listing six areas of concern with the p ential ann ation. In summary, the Leadley's are requ ting assurance that existing uses (home occupations) and ccessory dwelling nits which are allowed under County E- tate zoning will be 11owed under Town E- Estate zoning. Mr. Van Horn stated t uses would become legal non-c forming uses and he requ ted a letter of confirmatio so stating from the Commu 'ty Development Departmen There w e no comments from the audience, and it moved and secon d (Thomas/Burgess) the Annexation of Grey F Estates, Thir and Fourth Additions, to include E-Estate Z ing be fa rably recommended to the Board of Trustees, and it ssed u nimously. -f RESIDENTIAL ANNEXATION POLICY - PRESENTATION. Assistant Tow 2. A . r Administrator Widmer reported that at their meeting held February 28, 1995 the Board of Trustees referred the above- mentioned Policy to the Planning Commission (the Policy was fL first reviewed by the Public Works committee February 23, 1995). Staff prepared a Policy for Residential Annexations as 4 position and it has been reviewed by Town Attorney White. contained in a Resolution. The Policy confirms the Town's Subject to a Memorandum of Understanding concerning Special Improvement Districts, the Policy recognizes a subdivision's contribution to the Town's economy by stating the Town will pay one-half of the asphalt portion of paving costs. Discussion followed, and it was moved and seconded (Brown/Burgess) the Planning Commission endorse the Residential Annexation Policy as presented, and so advise the Board of Trustees, and it passed unanimously. There being no further business, Chairman Sager adjourned the meeting at 4:03 P.M. for 7 h Vickie O'Connor, CMC, Town Clerk 1.1 RESOLUTION NO. WHEREAS, extended discussions have taken place over the years concerning expanding the Town limits to include the entire Estes Valley; and WHEREAS, the potential costs of providing services to residential annexations far outweigh the expected revenue from property taxes; and WHEREAS, the Town recognizes the importance of all residents of the Estes Valley being able to participate in their local government; and WHEREAS, the Town believes that an orderly process of future residential annexations will avoid costly duplication of services, provide a higher quality of life, and provide for the general health and safety of both existing and future Town residents. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board hereby adopts the following Residential Annexation Policy for existing subdivisions: 1. GENERAL: The Town intends to take a reactive position with regard to residential annexations of existing subdivisions; i.e., it will react to desires for annexation by existing subdivision residents, but Will not aggressively seek annexation Of existing subdivisions. The Homeowner's Association or other representatives of the residents of existing subdivisions desiring annexation will be expected to meet with Town staff to obtain information of possible annexation, circulate petitions, hold informational meetings, and keep other residents informed of the progress of the annexation. 2. MEMORANDUM OF UNDERSTANDING: Prior to annexation, the residents of the proposed annexation and the Town will sign a Memorandum of Understanding to set forth the understandings of the parties with regard to the annexation. Issues to be discussed in the Memorandum include, but are not limited to, proposed zoning and land use, building permits and inspections, street right-of-way and geometry, paving, and maintenance, water, electricity, property taxes, use tax, police services, street lighting, and miscellaneous. 3. ANNEXATION MAPS, PETITIONS, AND LEGAL WORK: Subject to the Memorandum of Understanding referenced in Paragraph 2 above, the Town will pay the engineering and legal costs of preparing the annexation maps and petitions necessary to meet the terms and conditions of the "Municipal Annexation Act of 1965." 4. STREET RIGHT-OF-WAY: The street right-of-way will be dedicated to the Town pursuant to the annexation process. If existing street right-of-way is undedicated, or does not meet adopted Town standards, the Town will require formal dedication of sufficient right-of-way, at no cost to the Town, to meet said standards, or as specified in the Memorandum of Understanding. 5. STREET CONSTRUCTION AND MAINTENANCE: If the construction of the existing'street system in the proposed annexation does not meet adopted Town standards at the time of annexation, maintenance of the existing street system will continue to be performed by the property owners after annexation. Once the streets are brought to Town standards through formation and financing of a Special Improvement District or by other means, the Town will assume responsibility for all maintenance work, including snow removal, asphalt patching, and overlay, and will perform such maintenance in accordance with the regular street maintenance programs of the Town. 6. WATER LINES: As detailed in the Memorandum of Understanding, extension of water mains to the proposed annexation or purchase of existing water systems shall be in accordance with Resolution 19-91, adopted by the Town Board on September 24, 1991. Maintenance of existing water systems that do not meet Town standards Will continue to be performed by the property owners following annexation. Once the water lines are brought to Town standards through formation of a Special Improvement District or by other means, the Town will assume maintenance responsibilities. 7. SPECIAL IMPROVEMENT DISTRICTS: Subject to the Memorandum of Understanding, the Town will pay the legal costs and staff time for formation of a Special Improvement District (SID) for design and construction of streets, water lines, or any. other public improvement required by the Memorandum. The Town will pay one-half of the asphalt portion of the paving costs, subject to the Memorandum of Understanding and the availability of funds for this purpose within the Town's normal budget process. The property owners are responsible for all remaining costs, including surveying, preliminary design, final design, construction, and construction inspection and management, as determined during the formation of the SID. INTRODUCED, READ AND PASSED THIS DAY OF , 1995. TOWN OF ESTES PARK By: ATTEST: Mayor Town Clerk MEMORANDUM OF AGREEMENT WHEREAS, Lynn W. Kinnie, hereinafter referred to as ("Kinnie") has applied to the Town of Estes Park, Colorado, hereinafter referred to as ("the Town°') to amend the Plat of Lot 5A and Lot 9A, Prospect Village Subdivision, Town of Estes Park, Colorado; and WHEREAS, the Estes Park Planning Commission at its meeting on May 15, 1990 when considering said Amended Plat conditioned its recommendation of approval to require an agreement between Kinnie and the Town addressing maintenance, access, parking, snow removal/roadway maintenance, and river access to the above described property; and WHEREAS, the Board of Trustees of the Town of Estes Park on March 15, 1993 approved said Amended Plat conditioned on said Agreement being executed. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS TO KINNIE AND THE TOWN, THE UNDERSIGNED AGREE TO THE FOLLOWING: 1. Maintenance: Kinnie shall be responsible for the maintenance of all improvements on Lot 9A of said Amended Plat as shown on the approved Development Plan of the same. 2. Access: Kinnie has by said Amended Plat granted the public an access easement on and across the drives and parking as shown on the approved Development Plan. This easement is for the use of the public using Lot 9A and Outlot A of the said Amended Plat and is not for the benefit of other owners, patrons, or guests of other private properties. 3. Snowplowing/Roadway (drives) Maintenance: the Town is not obligated to remove snow or maintenance from the parking and roadway (drives) in the easement areas. 4. Access to Big Thompson River: Kinnie, by deeding Outlot A to the Town, has provided access to the Big Thompson River from the south. Kinnie will, by September 1, 1999, construct a foot bridge across the river to property owned by Kinnie on the north bank of the Big Thompson River. Upon conclusion of the construction of said foot bridge, Kinnie will grant a pedestrian easement in the form approved by the Town, to the Town giving pedestrian access from public property to the north end of the constructed foot bridge. This Memorandum of Agreement is dated the day of , 1995. Lynn W. Kinnie STATE OF COLORADO ) ) SS COUNTY OF LARIMER ) Subscribed and sworn to before me this day of March, 1995 by Lynn W. Kinnie. My Commission expires Notary Public TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ORDINANCE AN ORDINANCE VACATING A STREET RIGHT-OF-WAY LOCATED ON LOT 9, PROSPECT VILLAGE SUBDIVISION OF TRACT A, KINNIE ADDITION TO THE TOWN OF ESTES PARK Whereas, the Board of Trustees of the Town of Estes Park, Colorado, has determined that it is in the best interest of the Town to permanently abandon and cease to maintain, operate, control, and use a street right-of-way on the following described property. 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 vacate the following described right-of-way: Beginning at the SW corner of Lot 9, Prospect Village Subdivision of Tract A, Kinnie Addition to the Town of Estes Park, Colorado; thence along a curve to the right 230.67', radius = 150.00', delta 88°06'40", chord bearing = N80°56'40" E, 208.61'; thence S55°00'00" E, 199.14'; thence along a curve to the right 124.79', radius = 130.00', delta = 55°00'00", chord bearing = S27°30'00" E, 120.05'; thence West 60.00'; thence along a non-tangent curve to the left 67.20', radius = 70.00', delta = 55°00'00", chord bearing = N27°30'00" W, 64.64'; thence N55°00'00" W, 119.14' thence along a curve to the left 138.41', radius 90.00', delta = 88°06 ' 41", chord bearing = S80°56'42" W, 125.16'; thence N53°06'40" W, 60.00' to the point of beginning. Section 2. The Town hereby surrenders any and all right, title and interest to said street right-of-way. Section 3. The adoption of this Ordinance is hereby declared an emergency due to the fact that it is necessary to immediately vacate the street right-of-way; and WHEREAS, is the opinion of the Board of Trustees that an emergency exists and 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 , 1995.