HomeMy WebLinkAboutMINUTES Town Board 1997-01-14Town of Estes Park,Larimer County,Colorado,.flia 4
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Minutes of a ..Re.gular..meeting of the Board of Trustees of the Town of
Estee Park,Larimer County,Colorado.Meeting held in the Municipal Building in
said Town of Estee Park on the ..day of J.i?ury.,A.D.,19..9.7
at regular meeting hour.
Robert L.Dekker
Meeting called to order by Mayor
Present:Mayor Trustees:
Robert L.Dekker Susan L.Doylen,
Mayor ProTem
Jeff Barker,
John Baudek,
George J.Hix,
Also Present:William J.Marshall,
Gary F.Kiaphake,J.Donald Pauley
Town Administrator
Gregory A.White,
Town Attorney
Vickie O’Connor,
Absent:Town Clerk
Absent:None
Mayor Dekker called the meeting to order at 7:31 p.m.and acknowledged
Members of the Rooftop Rodeo Committee for receipt of the “Cowboy’s
Choice Award”for the third consecutive year.Estes Park competes
against 84 rodeos throughout Colorado and Wyoming,and the award is
voted upon by the Cowboy contestants.
PUBLIC COMMENT.
None.
CONSENT CALENDAR:
1.Town Board minutes dated December 10,1996.
2.Bills.
3.Committee Minutes:
A.Planning Commission,December 3 and 17,1996 (acknowledgement
only).
B.Board of Adjustment,December 10,1996 (acknowledgement only).
C.Community Development,January 2,1997.
D.Light and Power,January 9,1997.
4.Administration Office Equipment -Authorization to enter into 3-Yr.
Lease Agreement with Minolta Business Systems for Model EP4050 Copy
Machine -Approval of budgeted expenditure.
5.Resolution #1-97 —Public Posting Designation.
6.Ordinance #1-97 -Municipal Court Clerk Salary Adjustment (10%;
prior adjustment authorized in 1994).
It was moved and seconded (Hix/Doylen)the consent calendar be approved,
and it passed unanimously.
ACTION ITEMS:
\/l.Estes Park Volunteer Fire Department.Fire Chief Rumley and
Secretary Clirastil presented the 1996 Annual Report which was made
a part of the record by reference thereto.Additionally,the
Board of Trustees -January 14,1997 -Page 2
training site tower has been completed,as well as the smoke house,
and a 20,000 gallon cistern is being installed.Chief Rumley
reviewed the Department’s boundary and clarified the false alarm
calls.It was moved and seconded (Hix/Doylen)the Financial Report
be accepted,and it passed unanimously.
Chief Rumley expressed his appreciation to the Town Board for their
support during his tenure as Chief,and Mayor Dekker presented a
Certificate of Appreciation for his 23 years of service on the
Volunteer Fire Department,17 years of which were serving as Fire
Chief.
It was moved and seconded (Doylen/Marshall)the following officers
be approved for 1997,and it passed unanimously:
Scott Dorman,Fire Chief
Edward Ford,1st Ass’t.Chief
Daryl McCown,2nd Assistant Chief
Mark Chrastil Secretary/Treasurer
Newly-appointed Fire Chief Scott Dorman was introduced.
2.A.Stanley Park Agreements -Approval:Director Hinze presented the
standard Agreements.It was moved and seconded (Doylen/Hix)the
following Horse Show Agreements be approved.Trustee Barker noted
that he would not have supported denial of the Vold Summer Rodeo
proposal if he had been aware that three out of the four horse show
associations listed below did not intend to submit a 3-yr.
agreement.The motion passed unanimously:
1.Copper Penny Horse Show,July 19-20,1997
2.Rky.Mtn.Miniature Horse Club,3-yr.agreement,
June,1997 —June,1999.
3.Colorado Arabian Horse Club,2-yr.agreement,July,1997
—July 1998.
4.Colorful Colorado Quarter Horse Show,June 12—15,1997.
The standard agreement with the EVRPD for Inline Skating in Barn W
was also presented.Director Hinze commented on the frequency of
use and popularity of the sport.It was moved and seconded
(Doylen/Hix)the EVRPD Agreement lie approved,and it passed
unanimously.
B.Lions Club Concession Stand Agreement.As stated in the Community
Development Committee minutes January 2,1997,the Lions Club has
requested three revisions to the Agreement:#1 inventory list
designating ownership,#2 clarification of ownership when
improvements are placed or affixed to the premise,and #3 a
reduction in the Town’s rental fee from 15%to 13%.The Committee
recommended approval of Items #1 and #2,and denial of Item #3.
Les Foiles,President/Lions Club commented that 1,100 volunteer
hours were expended at the concession stand,that the Lions hire a
manager that receives 13%of the gross to operate the stand,and
that profits are basically split between the Lions,Manager and
Town,with each receiving one-third±.The Lions Club returns the
majority of their profits to the community.President Foiles
reviewed fees assessed by Larimer County,Steamboat Springs,and
Boulder County.The Town does fund trash and electric expenses,
and the Lions pay $75 for gas service for their grill.The Club is
nearing completion of the inventory,and they are discussing
improving the seating arrangements for their guests.Pursuant to
imminent increases in trash and water fees,it was moved and
seconded (Doylen/Barker)revisions #1 and #2 be approved,and that
revision #3 for the decrease in rent from 15%to 13%be denied,and
it passed unanimously.
3.Automatic Meters -Approval of budgeted expenditure.Light &Power
Director Matzke reported on the Automatic Meter Reading Program,
and stated that the 1997 Budget contains $50,000 to purchase meters
with electric and water reading capability,and meters with
Board of Trustees -January 14,1997 -Page 3
electric reading capability only (staff has confirmed that the
budget allocation will purchase 100 meters with both reading
capabilities,and 130 electric reading meters only).Reasoning for
the difference in meter capabilities is that the Town does not
provide water service to all areas.It was moved and seconded
(Hix/Baudek)the budgeted expenditure of $50,000 for automatic
meters be approved,and it passed unanimously.
4.A.Special Review #96-6,United Valley Bank (formerly Estes Park Bank)
Carillon,363 E.Elkhorn Ave.,Estes Park Bank/Applicant.Trustee
Hix declared a conflict of interest,and stated he would not
participate in discussion or vote,and vacated the room.Mayor
Dekker opened the public hearing,and Senior Planner Joseph
presented the proposal.The Planning Commission has favorably,
though not unanimously,recommended conditional approval:music to
last no longer than 3 minutes/playing time,3 times/day at 9:00
a.m.,1:00 p.m.,and 6:00 p.m.,and the applicant is to provide
decibel level.Pursuant to precedent concerns,the Applicant
conducted a week—long test period which was observed by the
Planning Commission.One letter was received,and one resident at
the Planning Commission was heard--both in opposition.
Those speaking in favor:Sally Anderson,representing United
Valley Bank.Approximately six neighbors attended the Planning
Commission meeting,all speaking in favor.The decibel level test
results will be submitted immediately upon approval by the Town
Board.The Applicant’s motivation is to provide a pleasurable
experience to all.The general list of songs is old
standards/classical favorites.During special seasons,the music
may change accordingly.
Town Attorney White clarified that the Code contains a 40’off-site
sound distance standard in the C-D district,the Town Board can
approve an exception to the 40’standard,and reviewed special
review criteria.Trustee Baudek commented that the decibel test
should be provided prior to Town Board consideration,the
“reasonable”standard may be unacceptable.Planner Joseph
clarified that when the test was conducted in December,the
Applicant set the volume setting that was considered reasonable by
the Planning Commission.Ms.Anderson added that should any
problems arise,the Applicant is receptive to negotiation.
As there were no persons speaking in opposition,Mayor Dekker
closed the public hearing.It was moved and seconded
(Doylen/Baudek)Special Review #96-6 for the Carillon located at
363 F.Elkhorn Ave.be approved subject to the volume level being
at the minimum setting observed by the Planning Commission during
the test period,music duration being no longer than three
minutes/occurrence,such occurrence to be three times/day at 9:00
a.m.,1:00 p.m.,and 6:00 p.m.,and that the Applicant submit a
decibel level test,and it passed with Trustee Mix Abstaining.
Trustee Hix resumed his position on the Board.
B.Special Review #96-8,Estes Park Paddlers Ltd.,Big Thompson River,
Patrick Hyland/Applicant.Mayor Dekker opened the public hearing,
and Planner Joseph presented the proposal for a commercial kayak
operation within and outside Town Limits.Staff reviewed the
route,which depends on river flow,operation between mid—May
through Sept.1st,and proposed river access within C-D and C-C
districts.Letters from Blue Spruce Village,Gil and Maxine
Culter,and River Spruce Cottages,all opposed have been received.
The Planning Commission,though not unanimously,favorably
recommended approval with seven conditions,and each condition was
reviewed by staff.Attorney White explained the Town Board’s scope
of consideration:no governmental authority can regulate kayaks in
the rivers;however,the Town does have authority to review this
request through the special review process as the Applicant is
proposing to utilize Town (public)property to exit the river
(river entry is proposed to occur outside Town Limits).If the
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Applicant was proposing to enter the river outside Town Limits,go
through Town,and exit outside Town Limits,the Town Board would
have no jurisdiction to control the operation at any time.
Those speaking in favor:Patrick Hyland,Applicant,who presented
the kayak for viewing.Mr.Hyland explained his proposal (see
Planning Commission minutes dated December 17,1996)adding that lie
kayaked the Big Thompson River once/week all summer long in 1996.
His drafted his proposal with safety as his number 1 concern,and
the enjoyment of all.The river is a tremendous resource within
Town limits.In his opinion,a person can walk across the river
even in high flows 85%of the time.The craft is unique as
occupants are not trapped inside,they merely sit and paddle.The
Rec.District owns similar crafts and they use them with no
instruction.The river is public property which can be used for
paddling and fishing--everyone has a right to utilize the river.
Mr.Hyland is required to have $150,000 and $600,000 in liability
insurance,he’ll accompany his customers to control their speed
and pace,he also desires to avoid danger and such will be
minimized;there will be no impact to trout spawning,he will do
all he can to have an enjoyable experience for his customers and
those using the river.Concerning the Fire Dept.,his proposal was
given to the Dept.November 26th and he was recently notified by
Chief Dorman that the Dept.did have certain concerns.Mr.Hyland
will make an effort to setup guidelines for high water,medical,
etc.
Additional favorable comments were heard from:Lisa Bonn,Tim
Rische,and Doug Ridley,all of which joined the Applicant last
summer during several kayak trips.
Opposition comments were heard by:Fire Chief Dorman (safety
concerns as they will be called upon in case of accidents,known
river dangers and inherent dangers with the sport——this proposal
will not be a safe operation.In addition,the Fire Dept.will not
be held responsible for determining when the river is safe for
travel).Ron Hildebrand,President/Estes Anglers (fishing,safety,
aesthetic concerns,negative impact on fishermen,private land
owner concerns,potential establishment of a precedent where
additional operations could be approved,potential violation to
stream beds,some resorts stock the river at their own expense,
inner tube participants/congestion,excessive runoff concerns,and
creation of an attractive nuisance).Dale Ver Straeten,affected
property owner,also speaking on behalf of Bob Fay,Emily Hartsell,
and the Robertson Property (this operation would take away the
pleasure of river properties,kayakers are noisy,liability
concerns and trespass issues).Rebecca Swank/Blue Spruce Village
resident,and on the Board of Directors representing 13 families
(safety and liability concerns;they stock the bridge area so their
residents can enjoy fishing,and the potential entanglement
problems with kayaks and interruption with fishing,elk and deer
that cross river in front of their home,kayaks are disruptive,and
would interfere with the placid view of the river,the Glacier
Lodge bridge is not very high,in high water,kayakers could strike
it and the blow could be fatal.Her property is fenced and gated
and by nature is private,and trespass issues).George Hockman,
1625 Prospect Estates Dr.,member of EVIA Board (EVIA had a number
of concerns with the biggest one being safety;they voted
unanimously to oppose and request denial based on the fact that the
likelihood of serious accidents is too great).Andrew Griffiths,
experienced paddler with credentials who,in summary,believes the
Applicant has significant liability concerns in light of the lack
of training/instruction,potential of accidents with novice
clients,and the substantial risk with the Big Thompson River.
Industry standards were also discussed.Greg Sievers (has kayaked
on the Big Thompson River and has had problems,however,he
personally does not want to lose the privilege of kayaking the
river).Todd Jirsa (experienced with some commercial kayaking
companies,and discussed steepness variation of rivers,
particularly the Big Thompson which is evidence why such commercial
Board of Trustees -January 14,1997 -Page 5
operations are not occurring on the Big Thompson).Ray Parker/Fire
Dept.and Dive Rescue Team (safety concerns,particularly with the
youth).
Mr.Hyland offered a rebuttal stating in summary that he will
follow state guidelines/requirements.
Questions and/or comments were heard from the Town Board,and,
based upon concerns for public safety,including training levels,
Fire Dept.concern that the Dept.could be asked to establish the
range of water flows and associated liability,and unsuitability of
the Big Thompson River for the proposed use;and also private
property concerns for the natural environment;and Planning
Commission comments,it was moved and seconded (Baudek/Doylen)
Special Review #96-8 Estes Park Paddlers,Ltd.be denied,and it
passed unanimously.
5.Lease/Option to Purchase Agreement for Lot 2 of the Birch
Resubdivision of Block 1,Birch Addition to the Town of Estes Park,
and Block 12 of the Second Amended Plat of the Town of Estes Park;
Block 2,Birch Addition to the Town of Estes Park;and Lots 1 and
2,Block 11 of the Town of Estes Park between The Estes Park
Willows,Inc.,and the Town.Administrator Klapliake briefed the
Trustees on the Agreement with Estes Park Willows,Inc.negotiated
pursuant to Town Board direction.Specific parcel ownership was
reviewed.The site intersects with the Municipal parking complex,
and purchase would enable the Town to have additional parking,a
proper entrance width,length,and tie a proposed trail into Bond
Park;this site is critical to the Parking Master Plan.In
addition,the site has tremendous aquatic life,and storm water
holding capacity.Staff also reviewed the financing plan (Larimer
County Open Space Fund beginning in 1997 through 2001);revenue
projection estimates are conservative.Attorney White reviewed the
terms of the lease/option and payment schedule.At any time during
the term,the Town can purchase the property by payment of all
principal due and interest;the agreement is subject to annual
renewal.Following discussion (open space funding relative to the
Lake Estes Trail,zoning,opportunity to transfer density,
wetlands and floodplain,and confirmation that the current property
owners could develop the site for commercial purposes at the
current time,it was moved and seconded (Hix/Marshall)the
Lease/Option to Purchase Agreement with The Estes Park Willows,
Inc.be approved,and it passed unanimously.
6.Town Administrator’s Report:
A.None.
Following completion of all agenda
meeting at 10:10 p.m.
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Vickie O’Connor,Town Clerk H
Mayor Dekker adjourned the
Robert L.Mayor