HomeMy WebLinkAboutMINUTES Town Board 1996-11-12Town of Estes Park,Larimer County,Colorado,..•,19.
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 2tI .day of 0yeç,A.D.,;•
at regular meeting hour.
Robert L.Dekker
Meeting called to order by Mayor
Also Present:Gary K.Klaphake,
Town Administrator
Gregory A.White,
Town Attorney
Vickie O’Connor,
Town Clerk
Absent:None
Mayor Dekker called the meeting to order at 7:33 p.m.and welcomed
Larimer County Commissioners Clark and Disney.Chairman Clarke
advised Commissioner Duvall was expected to attend.
PUBLIC COMMENT.
None.
CONSENT CALENDAR:
1.Town Board minutes dated October 22,1996.
2.Bills.
3.Committee Minutes:
A.Public Works,October 24,1996.
B.Community Development,November 7,1996.
C.Planning Commission,October 24,1996 (acknowledgement
only).
It was moved and seconded (Doylen/Hix)the consent calendar lie
approved,and it passed unanimously.
ACTION ITEMS:
1.Joint Meeting with Larimer County Commissioners on
Comprehensive Plan —Referral to respective Planning
Commissions for adoption.Mayor Dekker noted that the new
Comprehensive Plan Project began approximately three years ago
with neighborhood meetings (21±)in the entire valley area.
Citizen concerns were received,the most common of which was
the desire to maintain the existing character of their
neighborhoods.Staff also wrote to everyone soliciting their
comments,giving them their proposed zoning,and,from
resident responses,staff attempted to address concerns,while
maintaining the integrity of the Comp.Plan.The time is now
at hand for both government agencies to refer the Plan to each
respective Planning Commission.
Present:Mayor
Robert L.Dekker
Trustees:
Susan L.Doylen,
Mayor ProTem
Jeff Barker,
John Baudek,
George J.Hix,
William J.Marshall,
J.Donald Pauley
Board of Trustees,November 12,1996 -Page 2
Town Attorney White explained the Comp.Plan being presented
tonight was prepared by Town staff,Larimer County staff,and
others.The procedure for adoption is that each respective
government agency (Town Board and Larimer County)are to refer
the Plan to their respective Planning Commissions.It is the
duty of each planning commission to adopt the Comprehensive
Plan,not either Board/Commission.Should any person in the
attendance have specific remarks concerning adoption,said
remarks should be given at the joint public hearing before the
planning commissions.Staff emphasized that the Comp.Plan is
a plan,it merely guides the future land use in the valley.
It does not rezone property,and it does not change the rules
for development.Following adoption,should the Town and
County desire to go further,they will have a guide.Any
proposed regulations can only occur with proper notice.
Commissioner Duvall joined the meeting.
Senior Planner Joseph presented various Land Use Drawings of
the Comprehensive Plan;draft copies of the Comp.Plan are
available for review from the Community Development Office,
and also at the Public Library.Mayor Dekker further stated
that the Public Hearing before the joint Planning Commissions
is scheduled December 3;however,those in the audience were
given an opportunity to comment at this time.
There were no further comments.Noting that the Plan has
received extensive work and reflects good planning,it was
moved and seconded (Doylen/Marshall)the Comprehensive Plan be
referred to the Estes Park Planning Commission for their
consideration,and it passed unanimously.
Commissioner Clark called for discussion,and Commissioner
Disney commented that the elected officials role is to adopt
the Plan,however,as staff performed the work,he recognized
Town Staff Stamey and Joseph,and County Staff Legg,and noted
his appreciation their their effort.There being no further
discussion,the Larimer County Commissioners unanimously
referred the Comprehensive Plan to the Larimer County Planning
Commission for their consideration.
Mayor Dekker called a brief recess at 7:45 p.m.,and reconvened the
meeting at 7:53 p.m.
2.A.High Drive Heights Water Main Prolect/Contract with Kearney &
Sons Excavating -Approval of Budget Expenditure.Public
Works Director Linnane explained that Kearney &Sons bid the
8”water line extension for $79,437,6%below the unit prices
on the 1994 and 1995 water looping projects.Construction
completion is expected June 1,1997.It was moved and
seconded (Doylen/Hix)the Contract with Kearney &Sons in the
amount of $79,437 be accepted,and it passed unanimously.
B.First Street Storm Sewer Pro-lect/Contract with Connell
Resources -Approval of Budget Expenditure.Staff reported
that Connell Resources submitted the lowest bid of $124,487
for the First Street Storm Sewer Project (Phase 5A of the
Prospect Mountain Storm Water Management Master Plan
construction).Director Linnane reviewed the construction
route,noting that various budget line items will be adjusted
to fund this project.The Construction Schedule indicates
work will begin November 18,and completed prior to November
28.Staff anticipates some business interruptions,however,
work will not occur during the weekend.It was moved and
seconded (Doylen/Hix)the Contract with Connell Resources in
the amount of $124,487 be accepted,and it passed unanimously.
3.A.Fulfillment Services Agreement with First Class Direct,Inc.-
Approval.Due to changes in postal service regulations
Board of Trustees,November 12,1996 -Page 3
affecting bulk mailing,automation is now required for
fulfillment services.Five RFP’s were distributed,with First
Class Direct,Inc.presenting the lower per piece bid which
includes setup and service charges for mailing,
administration,reporting,and warehousing.The Chamber will
continue to manage telephone calls and enter information into
a data base.Administrator Kiaphake reviewed previous
expenses and projected savings.The Agreement has been
revised to incorporate concerns expressed by Town Attorney
White.It was moved and seconded (Doylen/Baudek)the
Agreement with First Class Direct,Inc.based on a per piece
price be accepted,and it passed unanimously.
B.Powder River Agreement (Third Year of 3-Yr.Agreement)-
Approval of Budget Expenditure.Special Events Director Hinze
requested the Agreement with the Rodeo Stock Contractor be
approved for the final year of the 3—year term.It was moved
and seconded (Pauley/Marshall)the Agreement with Powder River
Productions be approved,and it passed unanimously.
C.Weekly Summer Rodeo Agreement -Presentation.Director Hinze
briefed the Trustees on a proposal from the Vold Rodeo Company
(Seven over Seven Rodeo Company),which was presented to the
Community Development Committee November 7,1996:in summary,
Vold is proposing to provide 25 rodeos during the summer
months,starting in 1997,with the ticket income being an
80/20 split--the Town’s portion is 20%.The term is for three
consecutive years,with an option to renew.The summer rodeos
would provide summer entertainment by an established,highly-
respected rodeo stock contractor;the Town is confident the
contractor would present quality shows.Director Hinze
reviewed each party’s responsibilities as outlined in the
proposal.
Should the Town accept the proposal,Director Hinze believes
the Colorado Arabian Horse Club,Quarter Horse Show,Rocky
Mountain Miniature Horse Club and the Westernaires (existing
major horse shows)would be jeopardized,and she reviewed the
comments/concerns expressed by each group.Also included in
the review were comments from Powder River Productions,the
Rooftop Rodeo Stock Contractor.In summary,those identified
do not support the proposal based on incompatibility of
events,arena and chute conditions/maintenance,security,
potential affect of weather delays,parking,and
facility/grounds burden.Staff also confirmed that the rodeo
proposal,in concept,is supported by the Rooftop Rodeo
Committee.Staff has attempted to solve potential conflicts
for co—existence;however,the shows have indicated they would
relocate their shows.Stating that relocation of the shows
could negatively impact accommodations,and that the proposal
was reviewed in good faith,Director Hinze recommended denial
of the proposal for summer rodeos.In addition,however,
staff believes the Town seek 2 or 3—year contracts with said
horse shows.
Discussion followed:continue to bring people in Town for
several days v.bringing entertainment;revenue from horse
shows;the established goal of multi-use of the grounds;
evidence of that horse shows have been diminishing;whether
the number of summer rodeos could be reduced from 25;
confirmation that Vold would obtain national sponsors;
confirmation that the Vold Rodeo Company is a professional
company,highly-respected in the industry;maximum use of the
fairgrounds (full potential);and evidence of diminishing
evening activities for tourists.
Audience comments where heard from Elden Savage and Chuck
Mangen/Arabians.and Debbie Holgorsen/merchant,Chamber of
Commerce member,and Rooftop member.
Board of Trustees,November 12,1996 -Page 4
It was moved and seconded (Hix/Doylen)the Void Rodeo Company
proposal not be accepted,opting to retain the horse shows
identified above,and it passed by the following votes:Those
voting “Yes”Trustees Barker,Baudek,Doylen,Hix and Pauley.
Those voting “No”Trustee Marshall.Staff was directed to
seek multi-year horse show contracts for all future contracts.
4.A.Rezoning Request for Lots 1-4,7-50,7B-16B of Buenna Vista
Terrace Subdivision.Lots 1 &2.Schuster Subdivision,and
Lots 1 &2,Hess Subdivision.Buenna Vista Terrace Subdivision
Property Owners/Applicant.Mayor Dekker opened the public
hearing to consider the request to rezone Buenna Vista Terrace
Subdivision from R-S Residential,to E-Estate.Senior Planner
Joseph reported that the Planning Commission is recommending
the request be denied.Those speaking in favor:Gerald Mayo,
265 Lookout Street,who in summary,stated that the residents
desire to preserve their neighborhood by this rezoning
request.As there were no persons speaking in opposition,
Mayor Dekker closed the public hearing.Planner Joseph
identified concerns relating to non—conforming small lots,
related setback problems,added expense in staff workload in
Comp.Plan rezoning efforts,and noted the Planning
Commission’s motion cited the property owners ability to form
an association to prohibit/restrict bed and breakfast use in
the neighborhood.Typical existing lot size in the
subdivision,minimum lot size required under the R-S and E
Estate zones,use by right or special review criteria relative
to bed and breakfast operations,and traffic generation were
clarified.Staff reiterated that under the new Comp.Plan for
this site,bed and breakfast operations would not be use by
right;if 80%of the residents do not desire bed and
breakfasts,they could prevent them by forming a voluntary
association.
Discussion followed on a potential moratorium on bed and
breakfasts,request for a boundary adjustment to construct a
duplex immediately following this item,downzoning,and
procedural clarification relative to a potential rezoning and
the Comp.Plan.It was moved and seconded (Hix/Baudek)this
item be temporarily tabled to hear the following boundary
adjustment item,and it passed unanimously.
B.mended Plat of Lots &2,Hess Subdivision,Alice and Lloyd
Hess/Applicant.Mayor Dekker opened the public hearing to
consider a boundary adjustment between two existing lots.The
Planning Commission also recommended denial of this request on
a 5/1 basis.Paul Kochevar,Applicant’s representative,
reviewed the site location,and proposal to reconfigure two
lots by moving a common property line.Mr.Kochevar reviewed
plans for a duplex,conversion of an existing house (Lot 2),
and construction of a single family dwelling (Lot 1).
Accessory dwelling criteria,and use by right issues were also
discussed.Whether the previous rezoning request is approved
or denied,the decision does have some bearing on the
Applicants.If the area is rezoned,the Applicants will
accelerate their plans.If the rezoning is denied,the
Applicants will construct a duplex on the southerly lot
(placed at the rear of the lot).Mr.Kochevar confirmed that
the request does not increase the density.
There were no comments in favor the request.Those speaking
in opposition:Gerald Mayo who stated the Applicant is
proposing to change the use from from retirement to income
producing property due to the deterioration of the
neighborhood.Property owners have not been misinformed and
it is not financially feasible to convert a dwelling into a
duplex.Mr.Mayo questioned the Applicant’s landlord history,
and urged the Board consider neighborhood letters seeking
Board of Trustees,November 12,1996 -Page 5
denial of this request.There being no further discussion,
Mayor Dekker closed the public hearing.It was moved and
seconded (Hix/Baudek)this item be tabled to return to the
Rezoning Request,and it passed unanimously.
Rezoning Request.Attorney White reviewed the standard 30-day
effective date of ordinances v.ordinances passed with the
emergency clause.Mr.Kochevar was advised that should the
rezoning be approved,the ordinance imposing E—Estate zoning
would not take affect for 30 days.Mr.Kochevar was given the
opportunity to withdraw the request,and he declined stating
that if the rezoning is approved,the Applicant will submit
plans for a duplex on the lower lot within 30 days.Attorney
White also clarified that approval of the boundary line
adjustment merely requires a favorable vote from the Town
Board,and approval would take affect immediately.
There being no further discussion,it as moved and seconded
(Baudek/Hix)the Rezoning Request for Lots 1-4,7-50,7B-16B
of Buenna Vista Terrace Subdivision,Lots 1 &2,Schuster
Subdivision,and Lots 1 &2,Hess Subdivision,Buenna Vista
Terrace Subdivision be approved with the standard 30-day
effective date,and it passed by the following votes:Those
voting “Yes”Trustees Baudek,Doylen,Hix,Marshall and
Pauley.Those voting “No”Trustee Barker.
Amended Plat/Boundary Ad-justment.It was moved and seconded
(Hix/Marshall)the Amended Plat of Lots &2,Hess Subdivision
be approved,and it passed by the following votes:Those
voting “Yes”Trustees Barker,Baudek,Hix,Marshall and
Pauley.Those voting “No”Trustee Doylen.
C.Amended Plat of Tract 4 &5.Beaver Point,Second Addition.
Gary Mitchell/Applicant.Mayor Dekker opened the public
hearing for the amended plat,noting the Planning Commission
unanimously recommended approval without any conditions.
Those speaking in favor Paul Kochevar,Applicant’s
representative.The Applicants include Tiny Town Cottages,
Texaco and Scott’s Sporting Goods,and the request re—adjusts
existing lot lines.All requirements by the Planning
Commission have been incorporated into plat.As there were no
persons speaking in opposition,Mayor Dekker closed the public
hearing.It was moved and seconded (Hix/Doylen)the Amended
Plat of Tract 4 &5,Beaver Point,Second Addition lie
approved,and it passed unanimously.
D.Amended Plat of a Portion of Lots 19 and 20,South St.Vram
Addition,Susan Sanford/Applicant.Mayor Dekker opened the
public hearing to examine a request for a boundary adjustment
between existing lot.The Planning Commission unanimously
recommended approval of the amended plat,with two conditions.
Applicant’s representative Paul Kochevar reviewed the site
location,stating the lots are zoned R-M which limits both
lots to uses allowed by right (prohibits commercial use).
There will be one access for two lots from Hwy.7.As there
were no comments in opposition,Mayor Dekker closed the public
hearing.It was moved and seconded (Hix/Doylen)the Amended
Plat of a Portion of Lots 19 and 20,South St.Vram Addition
lie approved,and it passed unanimously.
E.Annexation of Elm Road,Second Addition.Town of Estes
Park/Applicant.Mayor Dekker opened the public hearing,and
Planner Joseph reviewed the application which is to annex 24-
1/2 acres of Town-owned property which will be subdivided
into 3 separate lots.Lot 4 is vacant and will serve as a
buffer;Lot 3 will be leased to A-l Trash for expansion of
their business.The Planning Commission recommended approval
along with the zoning of Restricted Industrial.Administrator
Klaphake confirmed that the Development Plan for A-l Trash was
Board of Trustees,November 12,1996 -Page 6
approved by the Planning Commission and the only item for Town
Board consideration is the annexation and zoning.There being
no comments in favor or opposition,Mayor Dekker declared the
public hearing closed.It was moved and seconded
(Hix/Marshall)the Annexation of Elm Road,Second Addition and
subsequent I-i Restricted Industrial Zoning lie approved,and
it passed unanimously.Whereupon Mayor Dekker declared the
Ordinances duly passed and adopted,ordered them numbered 19—
96 and 20-96 respectively,and published according to law.
5.Estes Valley Memorial Gardens,Inc.—Transfer of Parcel 6 -
Ordinance #16-96.Administrator Kiapliake presented the
Ordinance and Warranty Deed transferring Parcel 6 to the Estes
Valley Memorial Gardens.Both documents were reviewed by
Gardens Representative Ron Harvey and have been agreed——
specifically,trees cannot be cleared without written
permission from the Town,nor can the site be sold.
Commending Estes Valley Memorial Gardens for their facility,
it was moved and seconded (Hix/Barker)Ordinance #16-96 lie
approved,and it passed unanimously.Whereupon Mayor Dekker
declared the Ordinance duly passed and adopted,ordered it
numbered 16-96,and published according to law.
6.Town Administrator’s Report:
A.Grant Application for Stanley Hall.Administrator
Kiaphake requested a formal motion from the Board that,
in concept,the Board agrees to the Grant Application for
the renovation of Stanley Hall.The Application must be
filed in November,however,specific details in the 50-
year agreement are pending with Grand Heritage’s legal
counsel.The Board will receive an opportunity to review
the Agreement when submitted for approval.Stating the
Board has every intent in moving forward with this
project,it was moved and seconded (Doylen/Hix)staff lie
authorized to submit the Stanley Hall Grant Application
at this time,and it passed unanimously.
Following completion of all agenda items,Mayor Dekker adjourned
the meeting at 9:56 p.m.
Vickie O’Connor,Town Clerk n
NOTE:The Board of Trustees will meet for one meeting in
December,December 10,1996.
Robert L.Dekicer,Mayor