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Home My WebLink AboutPACKET Town Board 1997-01-14~206/ e,ff.T Prepared 1/09/97 *Revised 1/09/97 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 14, 1997 7:30 P.M. AGENDA *Acknowledge receipt of "Cowboy' s Choice" Award from Mountain States Circuit Rodeos to Rooftop Rodeo Committee. PUBLIC COMMENT. 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 December 10, 1996. 2. Bills. 3. Committee Minutes: -- I ~i 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). ACTION ITEMS: 1. Estes Park Volunteer Fire Dept.: A. 1996 Annual Report. B. Certificate of Appreciation - Chief Jack Rumley. C. 1997 Officers - Appointment. 2. Community Development Committee, January 2, 1997: A. Agreements - Approval: 1 1. Copper Penny Horse Show, 7/19-20/97 2. Rky. Mtn. Miniature Horse Club, 3-yr. agreement, 6/97 - 6/99. 3. Colorado Arabian Horse Club, 2-yr. agreement, 7/97 - 98. 4. Colorful Colorado Quarter Horse Show, 6/12-15/97. 5. EVRPD - Inline Skating Agreement. B. Lions Club Concession Stand Agreement - Approval. 3. Light & Power Committee, January 9, 1997: A. Automatic Meters - Approval of budgeted expenditure. 4. Planning Commission, December 17, 1996: A. Public Hearing: Special Review #96-6, Estes Park Bank Carillon, 363 E. Elkhorn Ave., Estes Park Bank/Applicant. B. Public Hearing: Special Review #96-8, Estes Park Paddlers Ltd., Big Thompson River, Patrick Hyland/Applicant. 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. 6. Town Administrator's Report: A. None. 7. Adjourn. 2 C, t ' .Town of Estes Park, Larimer county, colorado, . . .Deceoher 19 ., 199 6 . Minutes of a . .Regular . . meeting of the Board aacembang:12 the TownÂ· dr6 Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in sald Town of Estes Park on the . .1Oth. day of . . . . ..... ., A.D., 19. . R6 December at regular meeting hour. ' ProTem Susan L. Doylen Meeting called to order by Mayor ...............Â·Â·Â·Â·Â·Â·Â·... Present: Mayor ProTem Doylen Jeff Barker, Trustees: John Baudek, George J. Hix, J. Donald Pauley Gary F. Klaphake, Also Present: Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: Robert L. Dekker, Mayor William J. Marshall, Trustee Mayor ProTem Doylen called the meeting to order at 7:30 p.m. PUBLIC COMMENT. None. CONSENT CALENDAR: 1. Town Board minutes datiad November 24, 1996. 2. Bills. 3. Committee Minutes: A. Public Works, November 27, 1996. .4. Liquor License: A. Special Events Permit for the Art Center of Estes Park, 517 Big Thompson Ave. ; total of seven permits, for 1997. It was moved and seconded (Hix/Pauley) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Personnel Policy Manual Changes - Approval. Ass't. Administrator Widmer reviewed the various changes to the Policy Manual which were favorably recommended at the Town Board Study Session November 25, 1996. It was moved and seconded (Pauley/Hix) the Personnel Policy Manual Changes be approved as presented, and it passed unanimously. 2.A. Highway 7 Widening Proiect - Utility Lines. Public Works Director Linnane reported that CDOT approved the Highway 7 Utility Study prepared by RMC. The Study estimated the cost .. ... of water line replacement at $911,000, of which CDOT would 2 finance $581,000; the Town portion would be the remaining 4 $440,000. Dave Forsyth/CDOT Proj ect Manager, has advised that the roadway project cost estimate of the total roadway and utility work is $800,000 over budget and he has requested that the Town absorb an additional $225,000. Mr. Forsyth had prepared a separate cost estimate that included the roadway portion which has led to the deficient; RMC's estimate was accurate for the water line replacement. CDOT has verbally t .. 1. Board of Trustees - December 10, 1996 - Page 2 agreed to the cost sharing figures of $356,000 from CDOT, and $555,000 from the Town's Water Dept. A total of six bids were received for the project, as follows: Twin Peaks Excavating ................ $1,615,802.00 Duckels Construction ................. 994,633.00 BT Construction ... 991,367.00 Tarco, Inc. .......................... 914,559.00 Connell Resources .................... 892,702.60 Weinland Construction ................ 760,665.50 The Engineer's Estimate Was $911,033.00. Weinland has an i excellent reputation and they have worked for the Town on two previous projects. Staff reiterated that the water line ; replacement consists of 70% steel pipe over 20 years old. In addition, there are some cities where CDOT does not contribute 1 any funding, and the Town is fortunate for CDOT's commitment ~ to this project. In conclusion, staff is requesting: (1) approval to increase the Water Dept.'s portion of funding by $225, 000; (2) approval of awarding the construction bid based on the verbal reimbursement agreement to be followed by a written agreement; (3) approval to award the bid to Weinland Const. for $760,665.50; and (4) approval to execute Weinland's Construction Contract in 1996, with construction to occur in 1997. Understanding that time is of the essence, it was moved and seconded (Hix/Barker) Items 1, 2, and 3 be approved; the Highway 7 Project is 1997 business, construction cannot occur prior to January 2, 1997, and that the Construction Contract may be executed at this time, and it passed unanimously. Light and Power - Approval to negotiate contract and proceed with construction. Light and Power Director Matzke reported that the Highway 7 Utility Study identified relocation projects for electric facilities within the scope of the Hwy. 7 Widening Project, estimated at $107,600. CDOT has tentatively agreed to reimburse the Town $71,000 toward the costs. A map identifying the approximate routing of underground three-phase power lines was presented: begin at the north end of Scott Ave. and continuing to the south of Carriage Drive. It was moved and seconded (Hix/Pauley) staff be authorized to negotiate a contract (1997 Budget) and proceed with construction, and it passed unanimously. B. Glacier Creek Water Treatment Plant Intake Rehabilitation. Phase I - Award Contract to Benson Construction. It was moved and seconded (Hix/Pauley) the bid in the amount of $92,640 submitted by Benson Construction for the above-referenced project be accepted (1996 Budget), and it passed unanimously. C. Rehabilitation of Ivy Street and Rockwell Street Bridges - Approval of CDOT/RMC Scope of Services. It was moved and seconded (Hix/Baudek) the Scope of Services (Design/Const. Management) for the Bridge Project in the amount of $39,480 be , approved (1997 Budget), and it passed unanimously. This is an 80/20 cost-share project with CDOT and the Town's share is $11,896. D. Ordinance #22-96 - Vacation of right-of-wav on Sunrise Lane. The Park Entrance Estates Property Owners Association has requested the Town vacate the public right-of-way along Lots 16, 21 and 26 to owners of these lots. SunriseÂ·Lane is a parcel of right-of-way that deadends, it will never be a public roadway. The three property owners have agreed to , ~ accept the vacated right-of-way and the Town has agreed to i vacate, thus an Ordinance was prepared. A drawing was displayed clarifying how the vacated portion will be added to 1 . Board of Trustees - December 10, 1996 - Page 3 each of the three above-referenced lots. The Town is reserving utility/drainage easements through the area. Attorney White read the Ordinance, and it was moved and I seconded (Hix/Barker) the Ordinance be approved, and it passed unanimously. Whereupon Mayor ProTem Doylen declared the ~ Ordinance duly passed and adopted, ordered it numbered 22-96, and published according to law. E. Ordinance #23-96 - Tree Citv USA. Street/Parks Supt. Speedlin presented the Ordinance which designates and recognizes communities that are effectively managing their public tree resources, and encourages implementation of community tree management. The creation of a "Tree Board" would be established, consisting of seven members appointed by the Mayor. The Tree Board will choose its own officers, and their duties/responsibilities shall be to study, investigate, develop and administer a plan for the care, preservation, planting, replanting and removal of trees and shrubs in parks, along public streets and rights-of-way, and in other public areas of the Town. Appointments are not limited to citizens residing inside Town Limits. Town Attorney White read the i Ordinance, and it was moved and seconded (Hix/Baudek) Ordinance #23-96 be approved, and it passed unanimously. Whereupon Mayor ProTem Doylen declared the Ordinance duly passed and adopted, ordered it numbered 23-96, and published ! according to law. i 3.A. Special Review #96-7. Black Canyon Carriages. Cathy Hughes & Hollv Erwin/Applicants. Mayor ProTem Doylen opened the public hearing to consider horse-drawn carriage rides for the public within the Town limits. Senior Planner Joseph. reviewed the proposal and route identified on a Route Map which has been approved by the Police Chief. Three pick up/drop off points are planned: the loading zone at the Library, Transit Center, and old Lumberyard Parking Lot on W. Elkhorn. No signs are to be placed and the carriage is not to be parked for extended periods of time. This service will be operated for weddings, outdoor tours, shopping excursions, etc. Attorney White requested the Certificate of Insurance meet the Town's standard $150,000 and $600,000, and Administrator Klaphake requested that any proposed revisions/additions to the route be approved by the Police Chief, not Town Staff. Paul Kochevar, Applicant' s representative, noted that the Applicant will meet the insurance requirement. Cathy Hughes confirmed that there are no rules governing carriage drivers; however, their goal is to be as safe as possible. She and Ms. Erwin, and their horses are receiving training from an experienced ~ consultant. All waste will be collected by a "bun bag". Staff also requested that any traffic conflicts on the streets i or at public pick up/drop off points be monitored by the ' Police Dept. in lieu of Town staff. There were no comments L from the audience, thus Mayor ProTem Doylen declared the ~ public hearing closed. It was moved and seconded (Hix/Baudek) special Review #96-7 for the Black Canyon Carriages be approved with the amendment to the insurance amount ($150,000/$600,000), any future additions/revisions to the ! route or stops be approved by the Police Chief, and traffic ~ conflicts be monitored by the Police Dept., and it passed unanimously. B. Amended Plat of a Replat of Lot 6A. Amended Plat of Lots 6-8. i Second Amended Plat. Pine River subdivision, Prospect Realtv- Dave Ulfers/Applicant. Mayor ProTem Doylen opened the public hearing to consider a re-subdivision of one lot into three lots. Planner Joseph reported on the site which is 59,177 sq. ft. in size. In 1988. the lots were combined into one lot and a development plan for 10 lots was approved. That approval has now expired; regulations for the floodplain were modified in 1995; and the Vested Property Rights have also expired. Board of Trustees - December 10, 1996 - Page 4 The entire site is now within the 100-year floodplain and this site would allow a maximum of one structure. The site is zoned Commercial-Outlying. All Planning Commission conditions ! have been incorporated into the plat. The Board Of Adjustment has considered a variance request for the second floor dwelling.unit on each lot developed for commercial purposes, and the Board of Adjustment has conditionally approved the request. The attorney's certificate has been received. Mr. Kochevar noted that the purpose of this proposal is to bring the lots into a more marketable condition, and with a commercial use, all parking would occur on the lots themselves. As there were no comments form the audience, Mayor ProTem Doylen declared the public hearing closed. It was moved and seconded (Hix/Pauley) the Amended Plat of a Replat of Lot 6A, Amended Plat of Lots 6-8, Second Amended Plat of Pine River Subdivision be approved, and it passed unanimously. C. Amended Plat of Tracts 65 and 66. Fall River Addition, Nicholas Kane. Penny Kane and James Cook/Applicants. Mayor ProTem Doylen opened the public hearing to consider a boundary adjustment between two existing tracts. Due to a.conflict of interest, Trustee Hix stated he would not participate in discussion nor vote. Planner Joseph reviewed the proposal for commercially zoned property. The existing excavation at the toe of the slope currently utilized as a parking atea to serve Nicky' s Restaurant is being proposed to be added to Tract 66A, thus eliminating the parking encroachment into 65A. The Planning Commission recommended condition approval, and the conditions have been incorporated into the Final Plat. The commission also noted that - approval would terminate any approval of the Preliminary Plat of Castle Mountain Estates which has been in existence for some time. Bill Van Horn, Applicant's representative, commented that the plat is a housekeeping measure, there is no development proposed for either tract. There is an easement for a long-existing power line and this action put the easement on record. Current zoning is Commercial Outlying. Attorney White reported that the attorney's certificate had not been received, and requested the recording of the plat be withheld pending receipt of said certificate. There were no comments from the audience, thus Mayor ProTem Doylen closed the public hearing. It was moved and seconded (Baudek/Pauley) the Amended Plat of a Replat of Lot 6A, Amended Plat of Lots 6-8, Second Amended Plat of Pine River Subdivision be approved subject to the plat not being recorded pending receipt of the attorney's certificate, and it passed with Trustee Hix Abstaining. 4. Ground Lease Agreement for Lot 3. Elm Road Second Addition between the Town of Estes Park and Estes Park Investments, Inc.. dba A-1 Trash Service. Trustee Hix declared a conflict of interest and stated he would not participate in discussion nor vote. Administrator Klaphake briefed the Board on this 25-yr. Agreement whereby the Town is leasing Lot 3, Elm Road Second Addition to Estes Park Investments, Inc., dba A-1 Trash Service for $1.00/yr. Lessees intend to expand the existing Transfer Station with related new facilities, office, recycling building, and storage. Attorney White noted that a 25-yr. renewal option, and environmental/indemnification issues have been included/addressed. It was moved and seconded (Pauley/Barker) the Ground Lease Agreement for Lot 3, Elm Road Second Addition be approved, and it passed with Trustee Hix Abstaining. 5. Reappointments. It was moved and seconded (Hix/Pauley) the i following reappointments be approved, and it passed unanimously: A. Connie Boschen, Mark Brown, Terry Licence, Jerry Board of Trustees - December 10, 1996 - Page 5 Souers, and Scott Webermeier be reappointed to serve on the Advertising Policy Committee, all terms are for two years, expiring 1/1/99. B. Rich Widmer be reappointed to serve on the Building Authority, for a three year term, expiring 1/1/2000. C. Jack Melton be reappointed to the Museum Advisory Board, for a four year term, expiring 1/1/2001. D. Becky Glowacki, Kathleen Hannigan, and Kathleen Miller be reappointed to the Estes Valley Public Library District. All terms are for four years, expiring 12/31/2000. 6. TABOR Lease Agreement Renewals for 1997 Budget Year. A. Trustee Hix declared a conflict of interest, and stated he would not participate in discussion nor I vote. It was moved and seconded (Baudek/Barker) the Lease Agreement with The Estes Park Bank for the Youth Center and Elgin Street Sweeper be approved, and it passed with Trustee Hix Abstaining. B. It was moved and seconded (Barker/Hix) the Lease Agreement with Keycorp Leasing Ltd. for a 1995 Ford Taurus (Conference Center) and Tents (Stanley Park) 4 be approved, and it passed unanimously. 1 7. Ordinance #24-96 - Adding "Brew Pub" Liquor License Class. Town Attorney White reported that the State Legislature adopted legislation creating a new class of liquor license for Brew Pubs, and the Ordinance amended the Municipal Code to provide for this new type of liquor license. Attorney White I read the Ordinance, and it was moved and seconded (Pauley/Hix) Ordinance #24-96 be adopted, and it passed unanimously. Whereupon Mayor ProTem Doylen declared the Ordinance duly passed and adopted, ordered it numbered 24-96, and published according to law. 8. Town Administrator's Report: A. None. 2 Following completion of all agenda items, Mayor ProTem Doylen ' adjourned the meeting at 9:05 p.m. i Susan L. Doylen, Mayor ProTem Vickie O'Connor, Town Clerk NOTE: This is the only meeting the Board of Trustees will be conducting in December, 1996. I.A.FOROPUILISHING.0. RECORD OF PROCEEDINGS PLANNING COMMISSION - JOINT PUBLIC HEARING December 3, 1996 Estes Park Planning Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: Chairman Sager, Commissioners Brown, Burgess, A. Hix, Pohl, Thomas Absent: Commissioner Gilfillan Larimer County Planning Commission: Chairman Edward Haimes, Commissioners Wendell Amos, Ray Dixon, Michael Doten, Steve Johnson, Leonard Roark, Peter Salg, Linda Stanley, Vernon Sunset, George Wallace Attending: Chairman Haimes, Commissioners Amos, Dixon, Doten, Johnson, ' Roark, Salg, Stanley, Sunset, Wallace Also Attending: Town Administrator Gary Klaphake, EPURA Director Art Anderson, Town Attorney Greg White, Trustee Liaison George Hix, Trustees Baudek and Marshall, Community Development Director Stephen Stamey, Larimer County Planning Director Larry Timm, Larimer County Chief Planner Russell Legg, Senior Planner Robert Joseph, Secretary Roxanne Botic Chairman Sager called the meeting to order at 4:35 p.m. 1. INTRODUCTIONS/PROCEDURES Chairman Sager explained the purpose and procedures of the Joint Public Hearing with the Estes Park Planning Commissioners and Larimer County Planning Commissioners. This Plan began in 1993 with the formation of the Intergovernmental Agreement on March 21, 1994; both Planning Commissions, Town Trustees, County Commissioners and related staff members have worked with consultant Design Studios West, to compile this Comprehensive Plan. Members of the Estes Park Planning Commission and Larimer County Planning Commission were introduced. Chairman Sager reviewed the procedures for the Public Hearing and recognized Director Stamey. 2. PRESENTATION - OVERVIEW OF THE ESTES VALLEY COMPREHENSIVE PLAN - DIRECTOR STAMEY. Planning Process: Process began 3 years ago Informational brochure with Workshop schedules was mailed to every mailing address within the Valley 8 community wide workshops held during Phase I 28 Planning Area Workshops 6 open houses 17 member task force met for 1% years Recent community update Joint Town/County effort Individual notification to property owners Of existing zoning, proposed future land use, and type of change 2 community surveys to test community input Issues Lack of affordable housing Increased development pressures Loss of open space Need for intergovernmental cooperation Decrease in environmental quality ......... BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS * Planning Commission - December 3, 1996 Page 2 â€¢ The Plan outlines a future vision and direction for development based on community values â€¢ The Comprehensive Plan does not propose no growth or unlimited growth; plan reflects moderation and managed growth Talmey-Drake Surveys in 1993 and 1995 Quality of Life Trends Problems - volunteered response Rate of growth Growth issues (physical /natural) On-going outreach - notification to property owners â€¢ Responses â€¢ All responses mapped â€¢ Staff re-examined every 'no' and 'no opinion' â€¢ Issues considered: Existing land use, existing zoning, proposed future land use, extent and effect Of proposed change, site characteristics, neighborhood context, personal contacts with owners, site visits. Staff made revisions to a number of parcels. â€¢ Review Committee (Mayor Dekker, Trustee Doylen and Commissioner Disney). Committee reviewed staff recommendations and examined broader policy issues. â€¢ Changes were made in response to public input. â€¢ Recommendation to approach future land use development with a system of locational and service capacity performance standards. â€¢ Performance standards will consider factors such as: access, slope, highway corridor, site disturbance, riparian systems, open space, night lighting, utility service, wildfire, wildlife, TDR's, visual impacts, PUD approaches. Future Land Use Plan â€¢ Plan will serve as a guide for the Town and County â€¢ Articulates a common vision for the future â€¢ Informs citizens, landowners and developers of the desired future land use character of the valley â€¢ Based on public input, environmental features, with a proposal to develop a uniform set of land use categories and land use standards and procedures between the Town and County â€¢ Establish a joint Town/County Planning Commission for the Estes Valley There are approximately 6,800 acres which are vacant or with no improvements (1,000 in town, 5,800 out of town). Future Land Use Categories were described Residential Commercial Accommodations Industrial Public Lands Performance Standards â€¢ While some standards do limit density, other standards are aimed at quality of development. â€¢ Measurable - the developer, public, Commissions and ..... ..... â€¢RADFORD PUBLIHING CO. RECORD OF PROCEEDINGS Planning Commission - December 3, 1996 Page 3 staff should all be able to come to the same conclusions. â€¢ Major goal - to reduce Special Review and discretionary nature of that system. Growth Projections were reviewed â€¢ Residential - Potential for approximately 20,145 people. â€¢ Commercial - Potential for approximately 1.34 million sq. ft. of new space. â€¢ Build on strength per Dr. Adams (tourism and retirees, Mart retailer, finance, insurance, services). Mobility Existing Levels of Service â€¢ Obviously shows downtown congestion Short Term â€¢ Highway 34/7 improvements â€¢ Downtown circulation and parking plan â€¢ Highway 34/36 parking lot and transit system Long Range â€¢ outlying parking/transit â€¢ Valley-wide trail system Lily Lake to YMCA Devils Gulch/Dry Gulch Marys Lake - Fish Creek â€¢ US Highway 34-36 by-pass connection west of downtown Comprehensive Plan Policies in the following areas were reviewed: Land Use Policies Community Design Growth Management Policies Mobility and Circulation Policies Housing Policies Scenic and Environmental Quality Economic Policies Intergovernmental Coordination Town and County to work together to: Create an Estes Valley Planning Commission Develop a uniform set Of development regulations and standards Implement the Comprehensive Plan Encourage redevelopment and infill in order to prevent sprawl A joint partnership shall be created between the Town, Estes Park Urban Renewal Authority, Larimer County, Rocky Mountain National Park, and other state and federal agencies to promote integrated planning Comprehensive Plan Action Plan/Recommended Actions were reviewed. Land Use Growth Management Mobility and Circulation Housing Intergovernmental Agreement ........ .... DRADFORD PUSLIIHING CO. RECORD OF PROCEEDINGS Planning Commission - December 3, 1996 Page 4 Summary â€¢ Comprehensive Plan addresses about growth management and quality of life. â€¢ Community supports managing the rate of growth, density, overall population and desire quality development. â€¢ If nothing is done, impacts on tourism, schools, traffic, open space and quality of life need to be addressed. â€¢ The Plan proposes a uniform land use classification system and standards between the Town and County. Plan proposes creation of a joint Town/County Planning Commission for the Estes Valley. Plan provides a best fit for existing subdivisions. Future land use categories are more sensitive to natural features than existing zoning. System of performance standards is proposed to be developed to augment new regulations. The Plan is economically sound. Development of the Estes Valley Comprehensive Plan has relied extensively on public participation oVer a three year period. â€¢ The Plan represents Community values. Introduction of Russell Legg, Chief Planner with Larimer County, who stated: â€¢ There has been public participation for several years â€¢ Larimer County Commission is: 1. Familiar with the Plan and area effected 2. Present to hear comments 3. Will provide direction to staff following the hearing 4. All Commissioners including alternates present at this Hearing 3. PUBLIC COMMENT 3.a. ORGANIZATIONS E.V. I.A. President Margaret Clark, 415 Elm Avenue, expressed appreciation for Director Stamey's attendance at E.V. I.A. study sessions and noted the following concerns/suggestions: â€¢ May need to add a Chapter/Section to address adequate water and maintenance for clean air â€¢ Definition lists of future land codes are needed to assist with future study Grade and widen Marys Lake road to accommodate traffic Add a Bike path from Beaver Point to YMCA Construction of affordable housing on Elm Road Require YMCA to plan ahead Implement standards to prevent building on steep slopes in the future Place time limits on 'grandfathering' Request MacGregor Ranch to remain as is Mrs. Clark suggested an annual review of the Plan and to implement the next phase as soon as possible. Vice President Bryan Michener, 2332 Mountainside Drive, expressed appreciation for Mr. Stamey's presentation and noted the following concerns: â€¢ Would like to know the Performance Standards in Phase II; currently a "beautiful vision statement without any teeth" â€¢ Mobility - think in terms of valley circulation ... ..... IRADFOROPUBLI'HING.0. RECORD OF PROCEEDINGS Planning Commission - December 3, 1996 Page 5 â€¢ Additional staff may be needed to participate in this process â€¢ Transportation LEAGUE OF WOMEN VOTERS Helen Plat, 201 Fall River Lane, commended the Town and County for their recognition of complex problems and the community for their active participation; the League of Women Voters urges immediate adoption and to proceed with implementation. She expressed the following should also be examined: â€¢ Water availability and air quality controls â€¢ Growth management ordinance ROCKY MOUNTAIN NATIONAL PARK Larry Gamble, summarized the RMNP letter submitted to the Commissioners. Mr. Gamble expressed support for a joint Planning Commission, managing growth, and population densities limits. RMNP was supportive of the March 96 Plan, however, has concerns with the latest revisibns. Performance standards are needed now. ASSOCIATION FOR RESPONSIBLE DEVELOPMENT Glenn Mapes, 275 Waggoner Road, recognized Staff's work and improvements made in the past year, however, expressed concerns with zoning enforcement/variances. 3.b. INDIVIDUALS BY AREA NORTH END Ralph Nicholas, 1660 N. Ridge Lane, stated if the Comprehensive Plan had been in place sooner, Storer Ranch development could have been improved. He requested performance standards address view corridors in commercial areas. Terry Parenti, 215 McGraw Ranch Road, President of the North End Homeowners, expressed concern with timely implementation, urging zoning and performance standards to follow soon and a buffer zone between RMNP and Town limits. Rowland Retrum, 650 Freeman Court, questioned impact on the Stanley Hotel Historic District. FISH CREEK/LITTLE PROSPECT MOUNTAIN Al Persons, 1000 Woodland Court, admires the work on the Plan, but is concerned with variances granted in the past. He stated implementation is urgent and critical. Judy Rosen, 333 Little Valley Road, expressed concerns with rezoning for Little Valley area, loss of wildlife and riparian habitat. Ill- -*.-.-- Jan Hagen, 1701 Windham Drive, President of Dunraven Heights Association, expressed concerns with preservation of wildlife, wetlands and views. She was concerned about changes in the Fall River Corridor. Ima Matthias, 1637 Black Squirrel, President of Little Valley Homeowner's Association, expressed concern with lots which are smaller than 2.5 acres and requested definition of the category. BRADFORD/USLISHINGCO. RECORD OF PROCEEDINGS ~ Planning Commission - December 3, 1996 Page 6 CARRIAGE HILLS/MARYS LAKE There were no speakers. SPUR 66 Bryan Michener, 2332 Mountainside Drive, noted the unique position between the Town and RMNP and believes this is a good model of community participation. Frank Williams, 1738 Highway 66, requested the County straighten Dry Gulch Road and expressed that the 100' setback is too much and he has been unable to obtain a variance. Howard MacMillan, 3125 Eaglecliff Drive, President of Spur 66 Association, noted the Association's enthusiasm and endorsement of efforts to manage growth. They are concerned with density of land bordering RMNP as well as safety and traffic issues. Harvey Griffith, 1570 Moraine Route, expressed concern with the downzoning of his property which has been used as a business for 25+ years. BEAVER POINT Nancy Brown, 1280 Giant Track Road, stated she and her husband purchased their property 18 years ago and are concerned with the proposed zoning and the financial impact to them. Jim Docter, 516 Grand Estates Drive, and owner of property at 1112 Giant Track, expressed concern for the financial impact with proposed zoning and believes his individual rights will be jeopardized. Eunice Docter, 516 Grand Estates Drive, expressed appreciation for time and energy given to the Comprehensive Plan. She questioned: how many land owners were affected by the A-1 category, if personal notifications were given, who collected responses, who performed tallies, when the first draft will be ready, amount of tax dollars being utilized in this process. She feels that Town Staff does not understand her concerns. FALL RIVER ROAD Charles Grigg, 790 Castle Mountain Road, (also owns 750 Castle Mountain Road) expressed his concern for his property changing from R-M - R-2. DOWNTOWN/GENERAL COMMENTS Bill Van Horn, 2101 McGraw Ranch Road, stated he is a lifelong resident concerned with maintaining the quality of life and has been professionally involved in the land planning process. He supports consistent regulations and recognizes the purpose of the Plan. He is concerned with zoning in Country Club Manor, affordable housing, a place for mobile homes and sees a relationship between affordable housing and density. James Duell, District Manager of Estes Park Sanitation District, expressed concern with the different zoning on IRADFOR D PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - December 3, 1996 Page 7 the District's two lots. Chairman Sager closed the Public Hearing. At 6:48 p.m. there was a break with the meeting resuming at 6:55 p.m. 4. STAFF COMMENTS/RESPONSE Mr. Stamey responded to comments/questions stating not all issues would be addressed this evening. â€¢ The proposed future land use category A-1 is a compromise in many locations. â€¢ Performance Standards comments: Process originally planned in three phases Phase I - community value setting Phase II - development of Comprehensive Plan Phase III - develop regulations The Plan is a guide for Phase III; it is important to continue with Phase III to develop standards and criteria. There will be another series of public workshops; funding is proposed for 1997. â€¢ RMNP comments to increase density adjacent to the Park - if zoned T-Tourist, then density would be higher than proposed A-1. â€¢ Ralph Nicholas' comment on view corridor in commercial area; this is being considered to protect the view from public spaces. â€¢ Rowland Retrum's concern with Stanley Property â€¢ Stanley Historic District Master Development Plan and Development Agreements are recognized in the Comprehensive Plan, and will continue to be the controlling standards. â€¢ The Stanley Historic District was placed in downtown area due to being within EPURA's area. â€¢ Little Valley Area - 10 acres to 211 acres concerns â€¢ This is a future land use map, not a zoning map â€¢ A letter was sent to their Homeowners' Association â€¢ Language in Comprehensive Plan addressing minimum lot area requirements - "Quote" - â€¢ Fall River A-1 Done to balance what has been there historically â€¢ Howard MacMillan' s comments on Spur 66/Dietrich property; Staff will follow-up with Mr. Dietrich â€¢ A-1 accessory uses - intent to be remain residential in character â€¢ Staff did collect postcards and performed mapping, all work reviewed by the Review Committee (Mayor Dekker, Commissioner Disney and Trustee Doylen). All information BRADFORO PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - December 3, 1996 Page 8 was available to Review Committee and provided in notebook form. â€¢ The approach for the Comprehensive Plan is typical and standard in Colorado. â€¢ Charles Grigg' s concerns - there is a Plat restriction on the Castle Mountain Plat which states each lot shall be limited to two dwelling units. Mr. Grigg may seek legal advice. â€¢ Bill Van Horn's comments on affordable housing and Country Club Manor. â€¢ There is language in the Plan to support affordable housing; mobile homes are not initially eliminated; currently allowed by Special Review in multi-family district. â€¢ Country Club Manor - no proposed land use category for lots of their size; lots are of record and will be utilized for residential purposes. Existing uses have been recognized. â€¢ No comment on Boulder County process. The Town's process is streamlined and efficient. â€¢ Estes Park Sanitation District concerns - Staff will follow up to ensure identical zoning on both lots. Town Attorney White spoke on issues of property rights from the legal perspective. The proposed Comprehensive Plan is a Plan, it has no effect on zoning of any individual parcel, zoning is accomplished by elected officials of either Town and County after notice and hearing. The purpose Of the Comprehensive Plan is to be a guide; there will be an opportunity for public input during Phase III. People do not have a vested property right in zoning which is recognized by the Colorado Supreme Court and the United States Supreme Court. Until application for a Building Permit is received, there is no vested property right. The adoption of the Comprehensive Plan will not rezone anyone's property within the planning area. 5. PLANNING COMMISSIONER OUESTIONS OF STAFF Director Stamey stated he would have a study session with each Planning Commission and have a prepared Staff report by December 17 and 18. Commissioner Amos reviewed some of the process/changes and asked the Commissioners be 'fundamentally fair'. Chief Planner Legg stated the changes in the Giant Track area were a result of a Petition from property owners and he has requested large scale topographical maps for their study session. Director Stamey clarified the usage of PUDs. Commissioner Brown commended a 'fair' approach and asked for IRADFORD.U.LISHING.0. RECORD OF PROCEEDINGS Planning Commission - December 3, 1996 Page 9 consideration of compromise. Commissioner Johnson asked how many of the 483 objecting property owners' parcels were modified. Director Stamey will followup at the Larimer County Study Session. Mr. Johnson stated while this is not a zoning map, it appears to be one except for the title and questioned why performance standards could not be done now. Mr. Stamey stated that residents are ready to proceed. Commissioner Amos stated the Plan has no strength until the regulations are written and we will be operating under existing regulations until that time. Commissioner Wallace asked what modifications have taken place since March to change the future land use categories. Mr. Stamey responded. Chief Planner Legg stated the most public comment/concern on the RE-1 came from the Fall River workshops. He would like to follow-up with his Commissioners at their Study Session regarding Larry Gamble/RMNP comments. Commissioner Wallace invited Larry Gamble to attend the Larimer County Study Session. Chairman Sager stated the Comprehensive Plan is scheduled to be adopted at the December 17, 1996 Planning Commission meeting at 1:30 p.m. in Estes Park and at the December 18, 1996, Larimer County Planning Commission meeting at 5:30 p.m. at the County Court House (Ft. Collins). Chairman Haimes asked for a motion to approve the Larimer County Commission minutes of October 16, 1996. It was moved and seconded (Wallace/Salg) the Larimer County Planning Commission October 16, 1996 minutes be approved, and it passed unanimously. Chief Planner Legg reminded the Larimer County Commissioners of the Study Session on December 12, 1996 at 5:30 p.m. There being no further business, Chairman Sager adjourned the meeting at 7:35 p.m. liawd .al.3 Roxanne S. Botic, Recording Secretary I.A.FORO PUBLISHING CO RECORD OF PROCEEDINGS Planning Commission December 17, 1996 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: All Also Attending: Trustee Liaison G. Hix, Director Stamey, Senior Planner Joseph, Secretary Botic Absent: None Chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES Minutes of the November 19, 1996 and December 3, 1996 meetings were approved as presented. 2. ADOPTION OF COMPREHENSIVE PLAN Chairman Sager explained that although the Public Hearing was held on December 3, 1996, new comments not presented at that hearing would be heard at this meeting. Director Stamey stated that several Town of Estes Park Planning Commissioners, Trustees and staff attended the Larimer County Study Session on December 12, 1996 and he read Larimer County Chief Planner Russell Legg's report from that meeting which reviewed the history of the Comprehensive Plan process and eight recommendations. Numbers 4 and 5 recommended the Giant Track and Fall River Addition areas be designated as Special Study Areas. Audience comments: Nancy Brown, 1280 Giant Track Road, stated she and her husband purchased their property 18 years ago specifically for its zoning and believes they will be damaged if the Comprehensive Plan is adopted. She was speaking for herself and her husband and noted some properties in other neighborhoods are spot zoned and requested same for their property, requested an amendment to the Comprehensive Plan to retain existing zoning and does not want to be in a Study Area. Eunice Docter, owner of property at 1112 Giant Track, spoke representing 160 property owners and submitted a Petition to retain their zoning and emphasized their opposition to any change in existing regulations which would restrict their rights which are now permitted. Speaking for herself and her husband, she agrees with Nancy Brown's comments and asked the Commissioners to be fair and moral and requested retaining A- Accommodation classification. Warren Clinton, owner of two lodges on Fall River and other property in Fall River area, expressed concern with being a part of a Study Area and questioned what would be involved. Sherry Pettyjohn, 513 Grand Estates Drive, representing the Estes Valley Contractors, asked for consideration to delay adoption until performance guidelines are determined. Lucille Younglund, 2801 Fall River Road, also spoke on behalf of her husband. She expressed concern with being in a Study Area and asked adoption be delayed until performance standards are defined. Judy Jenista, 1755 Colorado Highway 66, requested consideration of the Petitions submitted by Mrs. Docter; she believes additional study is needed and people have not had time to understand the proposed Comprehensive Plan. BRAOFOROPUBLISHING Co. RECORD OF PROCEEDINGS , Planning Commission - December 17, 1996 Page 2 Bob Clements, 1889 Fall River Road, Fall River Road lodge owner, asked what a Special Study Area is and what is involved. He has concerns with the term 'Comprehensive' if two areas are not included, agrees with Mr. Clinton and requested the Plan not be adopted. Chairman Sager emphasized the plan is a Comprehensive Plan, not a zoning plan. Director Stamey explained the two types of zoning changes and stated the Comprehensive Plan is a vision of what may be reasonable for the future. John Spooner, 527 Hondius Circle, expressed concern with the two study areas, asking why these areas are different. Chairman Sager stated the requirements will be the same for all areas and regretted the two areas were specifically identified as the Comprehensive Plan already addressed these concerns. Ruth Clinton, owner of various properties on Fall River, asked for clarification on the impact to building permit applications. Mr. Stamey explained the adoption of the Comprehensive Plan would have no bearing on permit applications at this time as the Plan is a guide and does not change anything legally and stated the Comprehensive Plan is a statement of community values, a vision of our community and a framework to proceed. Howard MacMillan, Windcliff Homeowners and Spur 66 representative, complimented all those involved with the Comprehensive Plan for their foresight and responsible recommendations. He noted that large numbers of people answered the surveys, there were day and evening opportunities for workshops, and free and easy expression was encouraged. In the Spur area a questionnaire was sent to 380 people with more than 90% affirmative response. The Comprehensive Plan study has been sponsored by the Town and County and now is the time to adopt and manage the growth. Director Stamey responded to Commissioner questions stating: the regional growth monitoring system that Larimer County is proposing would involve a broader area; there will be a public process of approximately 14 years to develop a regulatory system which would be recommended to the Town Board and Larimer County for approval. In 1997, an Intergovernmental Agreement will be developed to create a Joint Planning Commission for the Estes Valley. The intention is that the Estes Park Planning Commission and the Larimer County Planning Commission will consider adopting the Comprehensive Plan on December 17 and 18, 1996 respectively. Director Stamey recommended incorporating the Staff Report of Russell Legg in considering adoption. Chairman Sager requested the Section 6.C. PG 3, Public Space Guidelines regarding banners be amended to change "shall" to "may" as banners were given consideration in 1989 and vetoed. Commissioner Burgess stated she observed at the Public Hearings many people favor the Comprehensive Plan and believe immediate adoption is imperative. The minority who spoke against the Plan were due to zoning concerns; adoption of the Plan does not zone property, it is a vision into the future. Commissioner Thomas agreed with Mrs. Burgess and asked that the maps be used as a vision/road map for the future; this vision is one that many people have shared at the neighborhood meetings. Commissioner Gilfillan noted he has not heard from residents regarding A-1 except for RMNP. Commissioner Brown stated A-1 was a compromise with a desire 'AA'FORD PUBLI'MING CO. RECORD OF PROCEEDINGS Planning Commission - December 17, 1996 Page 3 to see all perspectives and requested the Giant Track and Fall River areas be removed from the Comprehensive Plan. Chairman Sager stated the areas need to be a part of the Comprehensive Plan and agreeable wording can be determined, concerns can be mitigated. Chief Planner Russell Legg attached) and stating it was not Recognizing the process of the past three years (Memo from necessaryto separate or specifically identify the Giant Track and Fall River areas, Commissioner Pohl read the Resolution of Adoption (attached) and it was moved and seconded (Pohl/Burgess) the Estes Park Planning Commission adopt the Comprehensive Plan with the following amendments with an addition to Number 5 (in bold below) and it passed unanimously: 1. Add to Page 82 a policy 1.8 that states the following Partnership Land Use System guideline: "Larimer County and the Town of Estes Park are committed to work together to implement the Plan with honesty, respect for people and their rights in an open and fair process." 2. Add to Page 81 additional sentences to policy 1.2 that states: "The performance standards shall be developed in an open and fair process involving land owners, the Town of Estes Park, Larimer County, the National Park Service and other affected interests. Performance standards shall be designed which are reasonable, understandable and responsible to residents and their rights." 3. Delete the chart on Page 139 and replace it with the following sentence: "A land use action program will be established within the proposed Intergovernmental Agreement. Work on the Agreement shall begin in the immediate future." 4. The area on the proposed land categories map defined as the Giant Track area (see attached map for area designated by hash marks) shall be designated on the official proposed Land Use map as a special study area. The land use designation shall not occur at this time and the designation as proposed is not adopted at this time. The land use designation shall be determined only after the provisions of the A-Accommodations Zone, the A-1 Accommodation Zone, and the performance standards have been drafted; neighborhood meetings held and issues such as terrain, access infrastructure, compatibility, utility easements, value at equity and land use compatibility have been studied. 5. The Fall River neighborhood shall be designated as a special study area on the o f ficial proposed land use map. The purpose of the special study area for the Fall River area is to assess the density and uses to be proposed for the area after the A-1 Zone District and performance standards are drafted, and to ensure that the concerns of the National Park regarding performance standards for scenic vistas, wildfire, wildlife habitat and other issues such as a Transfer of Development Rights program are responsibly and reasonably addressed in a process which includes property owners, Larimer County, the Town of Estes Park and Park Service as well as concerns and rights of property owners. The National Park Service is encouraged to develop a cooperative community outreach program for the area similar in nature to the Spur 66 program. Voluntary design guidelines similar to the Spur 66 design guidelines may result from the special study area. 6. Amend the second paragraph on Page 140 regarding IRADFORO PUILISHING CO. RECORD OF PROCEEDINGS , Planning Commission - December 17, 1996 Page 4 establishment of a growth rate for the valley replacing the second paragraph with the following paragraph: "As growth management strategies are explored and recommended in the next phase of the Estes Park Planning effort, the Town of Estes Park and Larimer County are encouraged to participate in a regional growth monitoring program that fully examines growth rate alternatives for the region. The pros and cons of all alternatives will be explored. If a growth rate system is determined to be effective, reasonable and suggested in the Estes Valley, then the following specific actions will be included in the program development." 7. Add on Page 82 the following policy 1.9: "The maps and text included in the Estes Valley Master Plan are to serve as a general guideline to the staff, property owners and governmental entities during the implementation of the Plan. The maps do not represent the zoning of the Valley, but rather a representation of general land use patterns appropriate for the Valley. Rezoning to uses other than those depicted in the Plan may be appropriate if the Applicant demonstrates that the proposals are compatible with the Plan policies." 8. Add on Page 82 the following policy 1.10: "Larimer County reaffirms that the current zoning as represented on County Zoning maps are in place, acknowledged, and operative for the purpose of obtaining building permits and processing land development applications until such times as the zoning is legally changed." Chairman Sager called a recess at 2:45; the meeting resumed at 2:55. 3. SPECIAL REVIEW 3.a. SPECIAL REVIEW 96-6. Estes Park Bank Carillon, 363 E. Elkhorn Avenue. Estes Park Bank/Applicant. (Continued from 11/19/96 Planning Commission Meeting) This is a request to play music over the Carillon four times a day on a minimum volume setting. Chairman Sager declared the Public Hearing open and read the Rules of Conduct. Sally Anderson, Applicant' s representative, stated the week long demonstration of the Carillon was completed last week and she was only aware of a response from Roger and Larae Essman who did not hear the chimes, however, expressed concern that the Community Church of the Rockies Carillon and bank Carillon may "eventually collide". Due to the unpredictability of the wind, Ms. Anderson offered the Bank's willingness to work with individuals in the future if the proposal is approved and problems arise. She believes a precedent was made with the approval of the Water Wheel Chimes in 1975 through a Special Review. The Bank is requesting approval just as the Community Church received approval for their carillon through Special Review. She believes these are special situations and differ from pre-recorded music played on a tape player. There were no audience comments in favor of the request. Carolyn Dobbins, 145 Stanley Circle Drive, spoke against the proposal stating the chimes had been so loud, z he was awekenel inside her home and that it is disruptive to hear chimes and songs at the frequency proposed. She requested if the proposal is approved the times be changed to 9:00 am - 6:00 pm and allowed only during the holidays. Commissioner A. Hix stated no precedent would be set in this Special Review process, each request stands on its own. Commissioner Brown suggested the Applicant have a sound measurement done to set a standard of acceptance for future measurement. Commissioner Thomas emphasized the sound is not BRADFORO PUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission - December 17, 1996 Page 5 to travel further than 40' as expressed by correspondence from Greg White. Chairman Sager suggested the starting time be 9:00 am and that 9 pm be utilized only in the summer. Commissioners Gilfillan and Brown stated they would be unable to support a motion without a condition of decibel level. Ms. Anderson stated the Applicant is willing to have the decibel level measured so an acceptable measurement can be set, and agreed that music will not be longer than 3 minutes each. Commissioner A. Hix stated she works in the Estes Park Bank building and her employees are in favor of the Carillon and this would be a welcome addition to East Elkhorn Avenue and it was moved and seconded (A. Hix/Burgess) Special Review 96-6, Estes Park Carillon, 363 E. Elkhorn be favorably recommended to the Board of Trustees with the following conditions and it passed by the following votes: those voting "Yes", Commissioners Burgess, Brown, Gilfillan, A. Hix and Sager; those voting "No", Commissioners Pohl, Thomas. â€¢ Music lasting no longer than 3 minutes each time may be played three (3) times each day at 9 am, 1 pm and 6 pm. â€¢ Applicant will provide a test of the decibel level at the minimum setting (utilized during the testing period) which will be the standard for approval of the request. 3.b. Special Review 96-8. Estes Park Paddlers Ltd./Patrick Hvland. dba Estes Park Paddlers Ltd./Applicant. This is a request for kayak touring and instructional service to operate within the boundaries of the Big Thompson River. Chairman Sager declared the Public Hearing open. Applicant, Patrick Hyland, explained this would be a seasonal outdoor activity to enhance opportunities for residents and tourists. He is concerned with safety and made test runs last summer. He anticipates 3 tours a day at 9 am, 12 noon, and 4:30 pm with a projection of 150 guests the first season, anticipating doubling within 3 years. There will be a maximum of 5 kayaks on each trip with one kayak being operated by a guide. In compliance with the state requirement, each guide will have 40 hours of river time. The trip leader must have 500 hours of river time. His future ideas include additional tours, water access into RMNP and utilization below the Lake Estes Dam; at this time efforts will be concentrated in the downtown area. Mr. Hyland explained the "put in point" is on Spur 66 and he will petition the County if this request is approved. Mr. Hyland has not spoken with Rick Spowart, DOW, regarding impact on trout spawning habitat by the Chamber of Commerce, however, he does not believe kayaking is a turbulent activity and will not disturb the area. Applicant has not applied to Larimer County Planning as his first step is to seek local approval. In order to accommodate the business operating from his home, an additional telephone line has been installed, a computer purchased; when profits increase he may rent commercial space. Orientation of approximately 15-20 minutes will be adjacent to Tallant Park. Commissioner Burgess expressed concern with the minimal orientation time. Mr. Hyland felt that would be enough time and the ride would be safe; he is considering helmets with radios for participants and emphasized safety is his number one concern. He brought a kayak for Commissioners to view and demonstrated how to get into and out of the kayak. In response to Director Stamey's question, Mr. Highland stated trespassing occurs if you exit the vessel and touch the river bottom. Commissioner A. Hix recommended higher limits on insurance and explained the assumption of risk law. Senior Planner Joseph reviewed the staff report and comments from referral agencies. Mr. Joseph noted Town Attorney White has advised the Town has very limited authority in regulating kayaks on the river. Staff recommended approval to Town Board with four conditions. Mr. Hyland explained they will work with the Fire Chief to establish an acceptable range of water BRADFOROPUeLISHINGCO RECORD OF PROCEEDINGS , Planning Commission - December 17, 1996 Page 6 flow to determine when the operation will be shut down. Correspondence was received from Marlene Remington, President of the Blue Spruce Village Owners Association, who expressed concerns and requested denial of the request. Audience comments were heard from Carol Biedelman, 3245 Tunnel Road, who questioned parking availability, accessible restrooms and potential impacts at the put in point. Mr. Hyland explained customers would be picked up and transferred to their entry point, Chamber of Commerce restrooms would be available. Carol Rich, 2222 Highway 66, requested consideration of property rights and denial of commercialization which would disturb the fish and fishermen. She also expressed concerns with limited orientation time and liability to property owners and felt there was inadequate notification of this request. Todd Jirsa, 401 Lakefront, spoke against the request. He has taught kayaking for many years and believes this is the 'right boat, wrong river'. He is especially concerned with adequate orientation, safety, emergency rescues and urged denial of the request. Safety issues included concern for kayakers and firemen in an emergency, kayak stability and maneuverability in this river which is classified as 3 and 4, and inadequate orientation time. Mr. Jirsa does teach locally in the swimming pool and in the Poudre River. Mr. Hyland stated he grew up in Estes Park and respects the river and emphasized he believes this proposal was written with safety in mind and he will have insurance. Harry Lipscomb, 2222 Moraine Avenue, expressed concerns for trespass area, fishing activities and high water problems to kayakers. Andrew Griffith, Allenspark, stated he has established two kayak schools and raced internationally and came with an open mind. He agreed with Mr. Jirsa's comments and believes this will be too much responsibility for one guide in an emergency situation, additional orientation will be needed, potential for problems with pools and eddys and takeout problems. He no longer has any commercial kayaking interests. Mr. Hyland stated he is a firefighter and deals with emergencies on a daily basis and is satisfied with the emergency medical services in Estes Park. The Public Hearing was closed. Planner Joseph clarified the staff report does not address safety concerns expressed today. In response to Commissioner questions, Mr. Hyland explained the state has requirements for trainers and guides and he will comply. Additionally, he will seek permission from the Town, County, Federal agencies and will be insured. He believes RMNP would be interested in adding this to their offered opportunities. Commissioner Brown clarified with the Applicant the operation would consist of 3 tours per day, 10 crafts maximum (8 customers, 2 guides) and suggested this be approved for a limited time period with a limit per day of no more than 3 tours, 10 crafts each tour, and the Applicant would return for review/approval. In response to Commissioner Pohl's questions, Director Stamey stated if Larimer County did not approve this request and tj Town does approve, the operation would be allowed in Towi. limits. Stating the proposal does meet Speci al Review Requirements, it was moved and seconded (Brown/Thomas) Special Review 96-8, Estes Park Paddlers Ltd., be favorably recommended to the Board of Trustees with the following conditions, and it passed by the following votes: those voting "Yes", Commissioners Brown, A. Hix, Gilfillan, Thomas, those voting 11 NO" , Commissioners Burgess, Pohl and Sager. MAOFORD PUILISHING CO. RECORD OF PROCEEDINGS Planning Commission - December 17, 1996 Page 7 â€¢ No portage around bridges, except in case of emergency. â€¢ Put in and take out locations on Town property are restricted to Baldwin Park and Tallant Park, except in case of emergency. â€¢ The Applicant shall be required to obtain approval from Larimer County, EVRPD/BOR and any other agency having jurisdiction over the various routes, locations, and related support activities and operations. â€¢ The Applicant shall purchase and maintain liability insurance in the minimum amount of $150,000 per individual/$600,000 per occurrence, with the Town named as additional insured. â€¢ No more than 3 trips per day of 10 kayaks (2 guides/8 customers). â€¢ High flow periods will be regulated by the Fire Department. â€¢ Applicant will return in one year for review/approval of the request. 4. INFORMATION ITEM - NO ACTION Preliminary information on Elk Ridge Development Plan. Street network/Traffic Circulation. Brodie Avenue (property west of Community Church of the Rockies). Paul Kochevar explained v there have been two meetings with the Mountain Fairways r Homeowners Association and several meetings with Town Staff. A consistent voice was not heard from the meetings; the ' current plan was submitted and explained and Mr. Kochevar stated the proposal would include a private street with + traffic calmers. There is a recorded access easement across Mountain Fairways, in addition to dedicated right-of-way, the grade at the entrance of the Community Church is too steep to . meet Town standards. The Public Works Director has been apprised of this information. Commissioner Brown requested consideration of angled buildings where they are exposed to the golf course play. Audience comments were heard from Lew Wallace, 1433 Matthew ~ Circle, Chairman of Estes Park Mountain Fairways Board. He stated a Petition had been submitted protesting the extension of Matthew Circle or any other street system that would connect with the proposed Elkridge Subdivision. He stated Matthew Circle doesn't meet Town standards, it is only 22' wide and he expressed traffic concerns, build up of snow, cluster boxes, etc. and the Petition states nine issues of concern. 4. COUNTY REFERRAL Estes Park Residential Care Commercial Rezoning. NCB Development Corporation - John Rimbach/Applicant. This is a request for a 40 unit assisted living facility for the elderly. Paul Kochevar, Estes Park Surveyors, explained the three phase County process and stated this proposal is in the Concept Technical Review phase and on January 2, 1997 there will be an informal review with County Staff and Applicant. The conditional zoning approval is automatically denied if Applicant doesn't proceed with the submitted site plan. Senior Planner Robert Joseph reviewed the staff report. Audience comments were heard from Steve Giannini, 1033 Sutton Lane, who was surprised and upset with the swiftness and change from preliminary approval for a PUD with 8 units to this proposal. He believes this will be inconsistent with the neighborhood, it is the wrong environment, extreme wind, no sidewalks, no pedestrian walkway, no private roads, poor access, effect on Marys Lake Road traffic and elk habitat. He and others in the neighborhood were unaware of the recent aRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - December 17, 1996 Page 8 proposal and have not had an opportunity to review the proposal. Margaret Clark, EVIA President, stated EVIA had recently contacted neighboring homeowners and reported on comments EVIA received. Mr. and Mrs. Bill Lovens: good, better than any other plan, if zoning is changed, what then. Joann Baldwin: there is a need, not here; concerns with traffic, wind, what if expansion occurs. Frank and Judy Brooksher: favor the proposal. Dr. Gene Oja: no objection, may improve the road and bring in natural gas. Molly and Lee Kemper: good design, would change the neighborhood to business, concern with wind. Helen and Warren Donahue: opposed to zoning change, concerns with lighted parking lot - they prefer the darkness at night, find the right zoning and build there, concerned with garages and worker accommodations. Mrs. Clark stated the wind was a consistent concern. Tom Gerson, 978 Sutton Lane, stated he was in favor of the original PUD. He is now concerned with ambulance traffic, shift change traffic and requested retaining E-Estate zoning. Ann Brown, consultant with Senior Housing Options, explained that this would be a home for the elderly who stay primarily indoors and are not capable of utilizing walking paths; there will be no garages, traffic would be minimal, very few residents would own a vehicle, due to age of residents the typical family is also older and would probably visit in the afternoons, there is no room for expansion and ambulance traffic will be minimal. This would be a home built to allow elderly to feel wanted and loved. A meeting with area homeowners is planned in January. Commissioner Brown questioned the difference between this proposal and the 8 unit PUD. Mr. Kochevar explained that actual use of the building is limited to the Application proposal. Dwayne Herman, Sutton Lane, expressed opposition as this would be 'spot zoning'; he approves the proposal, not the location. Director Stamey identified existing zoning in the area, which in the immediate area is E-Estate, with the most intensive use being Marys Lake Lodge, about 1 mile away. Commissioner Brown stated this is a good project for our community, but would clearly be spot zoning, and agrees with Mr. Herman and does not favor approval. Commissioner Thomas disagrees with Mr. Brown and believes this proposal would be residential in character and an appropriate use of that land, although he recognized the wind tunnel in that location. He supports the idea and until today had only received positive comments, noting only those who are uninformed appear to be opposed. Ann Brown stated the site plan and design are available at the Estes Park Library. 5. REPORTS - none. There being no further business, Chairman Sager adjourned the meeting at 5:10 p.m. 7*dAND(31 S.d-3 Roxanne S. Botfic, Recording Secretary RESOLUTION #96-1 WHEREAS, the Planning Commission of the Town of Estes Park, Colorado has considered the adoption of a comprehensive land use plan for the Town of Estes Park pursuant to CRS 31-23-208; and WHEREAS, prior to the adoption of the Land Use Plan, the Planning Commission held at least one public hearing thereon, notice of the time and place of which was given by one publication in a newspaper of general circulation in the municipality and an official newspaper of Larimer County. NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the Town of Estes Park, Colorado as follows: 1. The Estes Valley Comprehensive Plan dated November 8, 1996 also known as the Estes Park Directions and the Future Land Use Plan dated December 16, 1996 are hereby adopted as the Comprehensive Plan for the Town of Estes Park. 2. The Plan as adopted shall include all portions of the Estes Valley Comprehensive Plan and the Future Land Use Plan including all maps and descriptive matter therein, including without limitation the following: a) Planning Approach b) Planning the Valley's Future c) Economic Overview d) Land Use Plan e) Mobility and Circulation f) Community-wide Policies g) Action Plan h) Appendix One - Economic Profile Tables i) Appendix Two - All Resource Maps and j) The Future Land Use Map within the Future Land Use Plan dated December 16, 1996 3. The action taken by the Planning Commission herein shall be recorded on the maps and plan and descriptive matter by the signature of the Chairman or Secretary of the Commission. 4. An attested copy of the Plan shall be certified to each governmental body of the territory affected and after the approval by each body shall be filed with the County Clerk and Recorder of Larimer County, Colorado. Chairman Attest Town Clerk CERTIFICATION NOW COMES, Vickie O'Connor, Town Clerk of the Town of Estes Park, Colorado, and certifies that the above Resolution was carried by the affirmative votes of not less than two-thirds of the entire membership of the Planning Commission of the Town of Estes Park, Colorado at a meeting held on December 17, 1996. eMAOFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Board of Adjustment December 10, 1996 Board: Chairman Pauley, Members Barker, Baudek, Newsom, Sager Attending: All Also Attending: Community Development Director Stamey and Secretary Botic Absent: None Chairman Pauley called the meeting to order at 8:00 a.m. MINUTES The minutes of the November 12, 1996 meeting were accepted as presented. Chairman Pauley stated Member Newsom had a conflict of interest with the scheduled item on the Agenda and wished to be excused; as there was no other business to come before the Board, Member Newsom was excused. LOT 6A. AMENDED PLAT OF LOTS 6. 7 AND 8. SECOND AMENDED PLAT PINE RIVER SUBDIVISION. JUDITH AND RICHARD POMPONIO/APPLICANT - VARIANCE REOUEST FROM SECTION 17.20.020.A OF THE MUNICIPAL CODE. Applicant is requesting a variance to allow for one second floor dwelling unit on each of the proposed lots. Director Stamey reviewed the history of this property, stating the Planning Commission has recommended approval for a request to resubdivide one lot into three lots which will come before the Town Board this date (12/10/96). Mr. Stamey recommended approval with a motion to include residential and commercial limits and added discussions of the proposed Comprehensive Plan have been favorable towards mixed use of commercial and residential. Owner's representative, Paul Kochevar, explained time is important and they understand approval of this request will be contingent upon Town Board approval's of the resubdivision of one lot into three lots. He concurred with Mr. Stamey's assessment of the property being extremely limited by the Flood plain. It is the Applicant's intent to limit development which will include commercial/residential buildings (residential units to be on the second floor) and the footprint would be limited to 2,000 square feet. Mr. Kochevar provided two possible plans; Plan A would utilize a 2,000 sq. ft. maximum building footprint, with second floor residential, for a total of 10,530 sq. ft., Plan B would be all commercial and would have a potential for 20,030 sq. ft. (Applicant intends to utilize Plan A.) Member Sager stated he was pleased to hear the Applicant's intent to be in compliance with the Municipal Code regarding setbacks, riverwalk easement and outside storage and it was moved and seconded (Sager/Barker) the variance be approved for Lot 6A, Amended Plat of Lots 6, 7 and 8, Second Amended Plat Pine River Subdivision, with the following conditions, and it passed with one abstention. â€¢ Approval by Town Board on December 10, 1996 to replat lots 6, 7 and 8 of Pine River Subdivision. â€¢ The building footprint will not exceed 2,000 square feet. â€¢ A maximum of one second floor dwelling unit on each lot. â€¢ 18,000 sq. ft. of lot area will be used for each dwelling unit. Commercial square footage will be calculated at 25% of the remaining lot area. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment December 10, 1996 Page 2 REPORTS - none. meeting 8:22 a.m. There being no further business, Chairman Pauley adjourned the C4hAAL., dj 460Â£43 Roxanne S. Botic, Recording Secretary . BRAOFORO PUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee January 2, 1997 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: All Also Attending: Town Administrator Klaphake, Directors Hinze, Kilsdonk and Stamey, Advertising Manager Marsh, Clerk O'Connor Absent: Director Stamey Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT. Crossroads Ministry - Request for Funding. Administrator Klaphake and Chief Repola reported on recent meetings with Larimer County where they discussed the possibility of the County and Crossroads working together. As the meetings proved unsuccessful, staff is recommending the 1997 annual budget allocation of $10,000 traditionally paid to Larimer County for human development expenses, be paid directly to Crossroads. When the Town allocated the funding to the County, the County provided accountability (salaries); the Town could ask for accountability directly from Crossroads and insist more specific data be provided. Crossroads Executive Director Lois Muehlbauer addressed how - Crossroads manages those in crisis and how Crossroads promotes independence. Their Mission Statement, List of the Board of Directors, and 1995-1995 statistical comparison sheet were distributed. Additional clarification followed, with the Committee recommending approval of the request to allocate $10,000 directly to Crossroads for budget year 1997 to be utilized for housing, food, medical- dental/medicine attention and limited transportation. An accountability report will be due to the Town by September 15, 1997. 1996 Advertising Report. Manager Marsh reported on the Virtual Visitors Guide, National Magazine Advertising for 1997, and the President's Day/Valentine's Day Insert. Also reviewed were the statistics which indicated: as of November 30, requests for information are now 4% down from the same period in 1995; the 800 number telephone calls are .04% down as compared to 1995. Initial hits on the web site are up 34%, and E-mail responses are down 33% (reflection of the Accommodation Betterment Fund Lodging Guide which is now on E-mail). The Visitors Guide is being modified to include an emphasis on wildlife and magazines will return to color ads, however, the size will be reduced to accommodate funding. Copies of the 1997 Event Schedule was also distributed. MUSEUM. Hewlett-Packard has awarded a scanner to the Friends of the Museum. It will be used for a new Estes Park data base of family photos and genealogical information in the new exhibit gallery. Bob Hope's TV Video and Stereo has donated a video monitor and speakers. Staff anticipates placing the monitor in the orientation area of the museum where visitors could view a short introductory video on the museum and Estes Park history. . BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - January 2, 1997 - Page 2 Last summer, staff invited artists from around the state to design benches along historical or natural themes of the area. Thirteen creative entries were received. A committee comprised of Advisory Board members, Chairman Doylen, Dan Speedlin and museum staff selected three fun and unusual designs which are scheduled for installation by May 2nd (renovation grand opening). The benches are being funded by the Friends and will be displayed in the rear courtyard area. One of the key concepts to emerge from the marketing brainstorming session last spring was to enhance efforts to reach children and families. The first program in 1997 will be a storytelling by Katy Little. This program is scheduled January 25 in the Library's Hondius Room. Admission is free. Statistics were also reviewed. SPECIAL EVENTS. 1996 Christmas Parade. The spectator count for the eighth annual Christmas Parade was down from 1995, possibly due to snow conditions. However, the parade was successful and there is evidence that spectators are lodging in Estes Park over the weekend. All those assisting in producing the parade were commended for their efforts. Horse Show Agreements. The Committee reviewed the following standard Horse Show Agreements: Copper Penny Horse Show, 7/19-20/97 Rocky Mountain Miniature Horse Club, 3-yr. agreement, June, 97 - June, 99. Colorado Arabian Horse Club, 2-yr. agreement, July, 97 and 98. Colorful Colorado Quarter Horse Show, 6/12-15/97. Pursuant to the Town Board's suggestion, Director Hinze attempted to obtain 3-yr. contracts, however, not all horse shows complied. Trustees Barker and Marshall expressed their displeasure, stating that perhaps the Town may have relinquished substantial opportunity with the summer rodeo proposal, opting to work with the horse show associations. Chairman Doylen announced that this item would be further discussed in Executive Session. EVRPD Inline Skating Agreement. The Committee recommends approval of the Agreement with the Estes Valley Recreation and Park District for the use of Barn W for Inline Skating. National Weather Station Facility Request. Director Hinze reported on the National Weather Station request for placement of a weather station at the fairgrounds. Senior Planner Joseph reported on discussions with the Weather Station, and he presented a drawing of a potential site (behind the museum buildings, north of the racetrack). A typical license/lease agreement is for 15 yrs. and during that time, if their equipment obstructs future improvements, the Town would incur the expense to relocate said equipment. The Committee recommends postponing a decision until the February - meeting, allowing staff an opportunity to determine exactly where other weather equipment is currently located, including the RMNP. Request Authorization to Obtain Bids for Port-A-Stall Remodeling. Director Hinze requested authorization to bid the remodeling of the Port-A-Stall building. The project includes relocating the building to the south, in line with the new restroom building, adding a cement floor, electricity, retaining wall, and heat. To accomplish this, the roof and partitions must be removed. The DRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - January 2, 1997 - Page 3 existing slope will also be corrected to improve the midway. The Director has been in contact with Longmont Port-A-Stall, the company that originally installed the building, and is requesting approval to sole-source this bid. The remaining portions of the project would be bid separately. Staff desires the building to be in-service in May, and believes that following the remodeling, the building could be used for various community events/meetings. The Committee recommends approval of staff' s request to sole-source the building, and bid the other items as identified above, returning to the Committee with actual bids. Frost Giant Race/EVRPD. The Annual Frost Giant Race is scheduled January 19, 1997. The 5K and loK foot races will begin at the Municipal Building/MacGregor Ave. to MacGregor Ranch. This event is sponsored by the EVRPD, and the Police Dept. has approved the route. The Committee recommends approval of the request as submitted. Lions Club Concession Agreement - Renewal and Revision. The Lions Club is proposing the following changes to the Concession Stand Agreement: 1. the Lions Club is to furnish the Town with a written inventory list--add: that the list shall designate the ownership to either the Lions Club or the Town; 2. states that all improvements, etc. becomes the property of the Town--add: "when permanently placed or affixed in the demised premises"; and 3. request to decrease the rent from 15% to 13%. Les Foiles, President/Lions Club, stated that the majority of the Club's profits are returned to the community; addressed the 1,100+ volunteer hours expended by club members; and that the Club hires a manager. Mr. Foiles requested the rent be reduced to 13% based on the service they provide to the Community. Additionally, Mr. Foiles has confirmed that the Steamboat Springs Concession is assessed 10%. Chairman Doylen announced that this item would be further discussed in Executive Session. The meeting adjourned at 9:20 a.m. to Executive Session. Chairman Doylen reconvened the meeting at 10:05 a.m. Horse Show Agreements. The Committee recommends approving the Copper Penny Horse Show, Rocky Mountain Miniature Horse Show, Colorado Arabian Horse Show, and Colorful Colorado Quarter Horse Show Agreements with disappointment and regret as they were not for 3-yr. terms as previously requested. Director Hinze was authorized ,. to advise the Horse Associations that the Town is seeking long-term commitments which may be to the Association's financial benefit based on current favorable rates. Trustee Barker will Chair a Sub- Committee charged with taking a pro-active stance to research other events for the fairgrounds. Lions Club Concession Stand Lease. As the Town pays for the cost of operations (liquor license, trash, water, and sewer fees), and based on the increases in said utility costs, the Committee recommends approval of Revisions 1 and 2, and that the request to amend the current rental rate of 15% to 13% be denied. There being no further business, Chairman Doylen adjourned the meeting at 10:10 a.m. 9Nlb O -d.*~ AD Vickie O'Connor, CMC/AAE, Town Clerk IMADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Light and Power Committee January 9, 1997 Committee: Chairman Hix, Trustees Baudek and Pauley Attending: Chairman Hix and Trustee Baudek Also Attending: Light & Power Director Matzke, Assistant Administrator Widmer, Meter Foreman Brumleve, Meter Specialist O'Connor, Deputy Clerk Kuehl Absent: Trustee Pauley Chairman Hix called the meeting to order at 8:00 a.m. Staff requested and received Committee consensus to enter into Executive Session to discuss the Fall River Hydro Plant. At the completion of the Executive Session, Chairman Hix called the regular meeting to order at 8:02 a.m. REPLACE BUCKET TRUCK #27 - AUTHORIZATION TO REOUEST BIDS Director Matzke reported that Bucket Truck #27, four-wheel drive one-man aerial bucket truck, was replaced,in 1991 with Truck #31, but was retained as a backup; it now has 80,000 miles of service. The 1997 budget includes $109,000 for replacement of this vehicle. The Committee authorizes Staff to seek bids for replacement of Bucket Truck #27, and return to Committee in March with a recommendation. AUTOMATIC METER READING PROGRAM - AUTHORIZATION TO PURCHASE ADDITIONAL METERS Director Matzke reviewed the Automatic Meter Reading pilot program implemented in 1996: cost of $15,000 consisting of 32 meters and required computer equipment. The 1997 budget includes $50,000 to purchase an additional 100 meters with electric and water reading capability and 100 to 150 meters with electric only. Meter Foreman Brumleve explained the benefits of this program and Meter Specialist O'Connor demonstrated the hardware equipment used. The Committee recommends the purchase of the additional meters not to exceed $50,000 from Cannon Technologies. EMERGENCY GENERATOR PEAK SHAVING PROGRAM - PROPOSED MODIFICATIONS The Emergency Generator Peak Shaving Program provides $10 per kW rebate for customers operating emergency generators during times of anticipated system peak. The Upper Thompson Sanitation District has actively participated in this program. Platte River's new wholesale rate has reduced the value of load offset at the season peak from a maximum of $64.48 per kW to $10.78. The Committee recommends the Emergency Generator Peak Shaving Rebate Program be continued with a rebate amount of $5 per kW. REPORTS Platte River Power Authority: Assistant Administrator Widmer reported that the PRPA Board met on December 12 and authorized staff to pursue bond refinancing, the establishment of a subsidiary company which would offer services and electricity at retail, the turbine upgrade at the Rawhide Plant, the purchase of new SCADA systems, and the 1997 budget. The Fort Collins wind project now includes 600 customers. Director Matzke presented the Financial Reports for November. . BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Light & Power Committee - January 9, 1997 - Page 2 Project Updates: The underground project on Hwy. 34 is 80% complete and the Municipal Building Parking Lot is 75% complete. Hwy. 7 trenching is scheduled. WAPA, PRPA, the Town, and the Bureau are coordinating the Marys Lake Project to upgrade transmission lines. The revised shutoff policy has reduced late notices for the first billing cycle in January from 250-400 to 80 and door hangers from 80-90 to 27, with all customers paying before physical shutoffs were required. There being no further business, Chairman Hix adjourned the meeting at 9:00 a.m. -1.-3- 1<=Q Tina Kuehl, Deputy Town Clerk January 9, 1997 TOWN OF ESTES PARK MEMORANDUM TO: Mayor Dekker Board of Trustees FROM: Vickie O'Connor (Â«Â»O SUBJECT: Administration Copy Machine The 1997 Budget included funding to replace the existing Xerox copy machine purchased in January, 1991. Two proposals were submitted: Xerox Model 5334ZTASF, reduction, automatic feeder, 20-bin sorter, on-line stapler.......... $11,398.00 Minolta Model 4050, reduction, automatic duplex feeder, 20-bin sorter, automatic holepunch/stapler/sort capabilities ...... ...... $ 9,743.00 Staff is recommending the purchase of the Minolta Model 4050, selecting the 3-yr. Smart Lease Option. The Xerox will be donated to the Fire Dept. RESOLUTION WHEREAS, Section 26-6-402(2)(c) of the "Colorado Sunshine Act of 1972" as amended, requires a municipality to designate a public place to post notices of its meetings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the lobby area immediately adjacent to the Administrative Offices in the Estes Park Municipal Building, located at 170 MacGregor Avenue, Estes Park, Colorado, is hereby designated as the Public Place for Posting Notices of Town Meetings. DATED this day of , 199 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk . ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.52.040 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, REGARDING THE SALARY OF THE CLERK OF THE MUNICIPAL COURT BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Clerk of the Municipal Court shall receive as compensation for his/her services as Clerk of the Municipal Court an annual salary of five thousand, seven hundred seventy-five dollars ($5,775); provided that any Clerk of the Municipal Court who serves only a part of a year shall receive for his/her compensation only that portion of the year he/she actually serves as a Clerk of the Municipal Court. Section 2. This ordinance is hereby declared effective with the pay period beginning February 13, 1997. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1997. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1997, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1997. Town Clerk EPVFD 1996 As of 12/31/96 EPVFD-All Accounts Page 1 1/ 9/97 12/31/96 Acct Balance ASSETS Cash and Bank Accounts EP MONEY MARKET 37,370.09 GENERAL CHECK Ending Balance 11,769.26 plus: Checks Payable O.00 TOTAL GENERAL CHECK 11,769.26 PN MONEY MARKET-LARGE PURCHASE FUND 56,611.69 Total Cash and Bank Accounts 105,751.04 TOTAL ASSETS 105,751.04 LIABILITIES & EQUITY LIABILITIES Checks Payable O.00 TOTAL LIABILITIES 0.00 EQUITY 105,751.04 TOTAL LIABILITIES & EQUITY 105.751.04 EPVFD 1996 1/ 1/96 Through 12/31/96 EPVFD-All Accounts Page 1 1/ 9/97 1/ 1/96- Category Description 12/31/96 INCOME/EXPENSE INCOME DEPOSIT 117,233.46 INTEREST 3,109.45 VOID CHECK 773.96 TOTAL INCOME 121,116.87 EXPENSES ADMINISTRATION 11,309.06 BANK CHARGE 81.87 BUILDING FUND 1,264.88 CELL PHONE MEM 23,981.33 DEPARTMENT 11,570.68 DUES 718.00 EQUIPMENT 9,951.58 MISC 5,518.12 NEW OR UPGRADE 47,382.53 RADIO NEW 6,164.16 RADIO REPAIR 47.67 RETURNED CHECK 183.00 TELEPHONE 1,015.60 TRAINING 3,710.74 UMBRELLA INS 5,600.00 VEHICLE REPAIR 925.97 TOTAL EXPENSES 129.425.19 TOTAL INCOME/EXPENSE -8.308.32 TRANSFERS TO EP MONEY MARKET -35,000.00 TO GENERAL CHECK -67.500.00 FROM EP MONEY MARKET 27,500.00 FROM GENERAL CHECK 35,000.00 PROM PN MONEY MARKET- 40,000.00 TOTAL TRANSFERS 0.00 OVERALL TOTAL -8,308.32 EPVFD 1996 1/ 1/96 Through 12/31/96 EPVFD-GENERAL CHECK Page 1 1/ 9/97 1/ 1/96- Category Description 12/31/96 INCOME/EXPENSE INCOME DEPOSIT 48,052.96 INTEREST 123.48 VOID CHECK 773.96 TOTAL INCOME 48,950.40 EXPENSES ADMINISTRATION 6,600.62 BANK CHARGE 67.62 BUILDING FUND 1,264.88 CELL PHONE MEM 23,981.33 DEPARTMENT 11,570.68 DUES 718.00 EQUIPMENT 2,734.98 MISC 2,918.12 NEW OR UPGRADE 15,124.13 RADIO NEW 1,189.16 RADIO REPAIR 47.67 TELEPHONE 1,015.60 TRAINING 3,710.74 UMBRELLA INS 1,977.00 VEHICLE REPAIR 925.97 TOTAL EXPENSES 73,846.50 TOTAL INCOME/EXPENSE -24,896.10 TRANSFERS TO EP MONEY MARKET -35,000.00 FROM EP MONEY MARKET 27,500.00 FROM PN MONEY MARKET- 40.000.00 TOTAL TRANSFERS 32.500.00 OVERALL TOTAL 7.603.90 EPVFD 1996 1/ 1/96 Through 12/31/96 EPVFD-EP MONEY MARKET Page 1 1/ 9/97 1/ 1/96- Category Description 12/31/96 INCOME/EXPENSE INCOME INTEREST 653.36 TOTAL INCOME 653.36 TOTAL INCOME/EXPENSE 653.36 TRANSFERS TO GENERAL CHECK -27,500.00 FROM GENERAL CHECK 35,000.00 TOTAL TRANSFERS 7,500.00 OVERALL TOTAL 8,153.36 EPVFD 1996 1/ 1/96 Through 12/31/96 EPVFD-PN MONEY MARKET Page 1 1/ 9/97 1/ 1/96- Category Description 12/31/96 INCOME/EXPENSE INCOME DEPOSIT 69.180.50 INTEREST 2,332.61 TOTAL INCOME 71,513.11 EXPENSES ADMINISTRATION 4,708.44 BANK CHARGE - 14.25 EQUIPMENT 7,216.60 MISC 2,600.00 NEW OR UPGRADE 32,258.40 RADIO NEW 4,975.00 RETURNED CHECK 183.00 UMBRELLA INS 3,623.00 TOTAL EXPENSES 55,578.69 TOTAL INCOME/EXPENSE 15,934.42 TRANSFERS TO GENERAL CHECK -40,000.00 TOTAL TRANSFERS -40,000.00 OVERALL TOTAL -24,065.58 ESTES PARK FIRE DEPARTMENT (Volunteer) P.O. Box 1200 ESTES PARK, COLORADO 80517 January 2, 1996 Town Board The following is the year end report submitted for your review. The RUN REPORT for 1995 is as follows: FIRE TYPE NU~WBERS MAN HOURSIN OUT Structures 27 586 13 14 Grass and Forest . 23 312 2 21 Auto and Fuel Flush 52 705 16 36 EMT Assists 29 130 18 11 False Alarms 16 152 4 12 Haz-Materials 30 279 19 11 Chimney-8 155 53 Dive Team 13 303 0 13 Standby/Inter Agency 14 383 5 9 TOTAL CALLS: 212 3005 82 130 Total dollars lost are to be estimated at $1,050,000.00 Training hours for the 31 full time members during 1995, are 1,540, resulting of an average of 50 hours per man. between E.P.V.F.D. Members and the E.P.V.F.D. Reserve Members they spent an estimated 2600 volunteer man hours for fund raisers. Respectfully Submitted, Jack Rumley Chief Estes Park Volunteer Fire Dept. Inc. DIAL 911 FOR EMERGENCY ESTES PARK FIRE DEPARTMENT (Volunteer) Estes Park, Colorado 80517 January 2, 1997 Town Board The following is the year end report submitted for your review. The RUN REPORT for 1996 is as follows: FIRE TYPE NUMBERS MAN HOURSIN OUT Structures 31 653 23 8 Grass and Forest 26 340 5 21 Auto and Fuel Flush 75 920 31 44 EMT Assists 40 204 23 17 False Alarms 28 305 19 9 Haz-Materials 34 208 17 17 Chimney 6 83 1 5 Dive Team 6 88 0 - 6 Standby/Inter Agency 7 299 2 5 TOTAL CALLS: 253 3100 121 132 Total dollars lost are to be estimated at $1,115,000.00 Training hours for the 32 full time members during 1996, are 1,839, resulting of an average of 57 hours per man. between E.P.V.F.D. Members and the E.P.V.F.D. Reserve Members they spent an estimated 2800 volunteer man hours for fund raisers. Respectfully Submitted, Jack Rumley Chief Estes Park Volunteer Fire Dept. 1nc. C~.4*:f:<*i~~~ft.40.*42~%4Â¢6.~9;fifiXC,:tifi.*e:~fl.1.24*6~.~:~~i 4~th C> 4 - Coj E 4 .E 0 02 C~:2 i'. 90' fl <Si 92 =:E te@f 02 01, = 8 Â·tg L.1 C.0 42 %: .9 8 fe CO 7â‚¬E 2.5 0 44 2% , Don- e . C E .2 9 R N- C 0, -0 f 1 4 6, 8 5 : v 0 8 .0 0 6 9 4- .4- 0000 v (% 2 2 2.2 ' 40 C C C $-- g * f r. m H 'oe , V.# 47* 5 2 .5.5 1- ., (4 9< 22 ki %-22 ,=â€¢ 1, tip Â·" 2-ei v Q o o 2 * 661 2 2 aao o ~< U: R GOUU 09 4,& 6-1 â€¢- f'Â¢'. 40 f -1 22 - 4MS .2 6. -24 Â¢0 U t'Â·C. 4 1 -0 01 - CJ 2005 1 2 -2 JU 00 C 0 1 42 & D .- *â‚¬ 4 Â¢04 I - j Ul -0 9 C *0 4:le.2 a O c .2 C .Â¤ =C * 0 4 .E .~ 6 -O *- 2 2 " ; 1-2 E -E 1 4 i E C.da *f ~ 8 ] 4 60 *-' .2 :9 42 .2 g git@ i -2 w te ~UÂ£ .ao. Â»A M C 6 0 -C (4 4.4 0 2 4 11 TE 43 g -1 3 C=<6 2 -Â¤ 77 0 CO 12 -4 44=// 2 ir + -5.2.2 U 0*. ~'. 'Â»' ? m .3 & 1 4 1 & 4 Ja C C U' U \35 44 10 .E :8 2 3 * I.3 2 f g 9,4 c E .3 -2 .2 7-3 1- A#) Â¢ S A k 9- I .- ae ,=. r 6 16 - o If GOUGO 15 -g C 4 O 0 Â·ft (L:$62~' 9%(i: 7 . P* ir8~<r 6. 1*0 (,~2 83 12 4 0 U J- (03 0 0 2 r C~ 0/ /9 - U (*asâ‚¬SSS:4%:4Â§%Â§%%Â§Â§*9%92*%*%52*Â§%%94*SSÂ»j & =- . Â§Â§%*00%i .#:Â¢ 22*LÂ¢kt 9909Â£ lÂ¥ 'NVIN11[0 - MN Obl 113101:IN 02Vt Â· 011 '31Â¥0llill30 - 0661 1H9!B ESTES PARK FIRE DEPARTMENT (Volunteer) Estes Park, Colorado 80517 JANUARY 7, 1997 TOWN BOARD THE FOLLOWING IS SUBMITTED FOR YOUR APPROVAL. THESE INDIVIDUALS WERE ELECTED BY THE FIRE DEPARTMENT AT THE REGULAR BUSINESS MEETING ON DECEMBER 3,1996. CHIEF sCOTT DORMAN 1ST ASSISTANT CHIEF EDWARD FORD 2ND ASSISTANT CHIEF DARYL McCOWN SECRETARY/TREASURER MARK CHRASTIL YOUR CONSIDERATION OF THESE OFFICERS WILL BE APPRECIATED. SINCERELY, MARK D. CHRASTIL SECRETARY/TREASURER ESTES PARK VOLUNTEER FIRE DEPT. INC. 2 A. 1-4 eMAOFO~OPUBLISHINGCO. RECORD OF PROCEEDINGS Community Development Committee - January 2, 1997 - Page 2 Horse. Show Agreements. The Committee reviewed the following standard Horse Show Agreements: Copper Penny Horse Show, 7/19-20/97 Rocky Mountain Miniature Horse Club, 3-yr. agreement, June, 97 - June, 99. Colorado Arabian Horse Club, 2-yr. agreement, July, 97 and 98. Colorful Colorado Quarter Horse Show, 6/12-15/97. Pursuant to the Town Board's suggestion, Director Hinze attempted to obtain 3-yr. contracts, however, not all horse shows complied. Trustees Barker and Marshall expressed their displeasure, stating that perhaps the Town may have relinquished substantial opportunity with the summer rodeo proposal, opting to work with the horse show associations. Chairman Doylen announced that this item would be further discussed in Executive Session. The meeting adjourned at 9:20 a.m. to Executive Session. Chairman Doylen reconvened the meeting at 10:05 a.m. Horse Show Agreements. The Committee recommends approving the Copper Penny Horse Show, Rocky Mountain Miniature Horse Show, colorado Arabian Horse Show, and Colorful Colorado Quarter Horse - Show Agreements with disappointment and regret as they were not for 3-yr. terms as previously requested. Director Hinze was authorized . to advise the Horse Associations that the Town is seeking long-term ' commitments which may be to the Association's financial benefit based on current favorable rates. Trustee Barker will Chair a Sub- Committee charged with taking a pro-active stance to research other events for the fairgrounds. AGREEMENT THIS AGREEMENT, made this I 1-0+ day of A)0 0â‚¬ MB â‚¬A 1996 , by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as the party of the first part, and C.COPER. -PE#/4 +6/56 SHOW , as party of the second part, 1 WITNESSETH: WHEREAS, the second party desires to hold a horse show or shows at the Estes Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold horse shows or halter classes on the following date or dates: - 3 ULy 19 i aol /99 7 2. First party agrees to furnish to second party all available stalls and exhibition space for animals at Stanley Park as herein provided. First party will not furnish any feed or straw for any of the animals and no cleaning of the stalls except as herein provided. 3. First party assumes no responsibility or liability for bodily injury, personal injury, injury, sickness or death of any person or animal, nor the loss, damage, or destruction of personal property of any person, while on first party's property and second party shall hold first party harmless for any claims made against first party for any such alleged responsibility or liability. 4. First party shall receive and be entitled to keep all receipts from the sale of box seats, whether sold on a seasonal basis or for the above horse show or shows. 1 J.A.al AGREEMENT THIS AGREEMENT, made this 17th day of November 19 96, by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as the party of the first part, and Rocky Mountain Miniature Horse as party of the second part, Club WITNESSETH: WHEREAS, the second party desires to hold a horse show or shows at the Estes Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold horse shows or halter classes on the following date or dates: 1997 1998 1999 June 18, 1997 June 17, 1998 June 16, 1999 June 19, 1997 June 18, 1998 June 17, 1999 June 21, 1997 June 20, 1998 June 19, 1999 June 22, 1997 June 21, 1998 June 20, 1999 2. First party agrees to furnish to second party all available stalls and exhibition space for animals at Stanley Park as herein provided. First party will not furnish any feed or straw for any of the animals and no cleaning of the stalls except as herein provided. 3. First party assumes no responsibility or liability for bodily injury, personal injury, injury, sickness or death of any person or animal, nor the loss, damage, or destruction of personal property of any person, while on first party's property and second party shall hold first party harmless for any claims made against first party for any such alleged responsibility or liability. 1 A.A.5 ' AGREEMENT THIS AGREEMENT, made this day of , 19 , by and between the TOWN OF ESTES PARK, COLORADO, A Municinal Corpor4tion, as the party of the first part, and C oloroln*rot,341 Worse el u 6 , as party of the second part, WITNESSETH: WHEREAS, the second party desires to hold a horse show or shows at the Estes Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold horse shows or halter classes on the following date or dates: 1997 1998 1999 c. urriNG- 7- 4/3- 1997 7- t/i -iggy S How 7-*/6-I997 9- 3,/4~g-_ 1991 0, , 2. First party agrees to furnish to second party all available stalls and exhibition space for animals at Stanley Park as herein provided. First party will not furnish any feed or straw for any of the animals and no cleaning of the stalls except as herein provided. 3. First party assumes no responsibility or liability for bodily injury, personal injury, injury, sickness or death of any person or animal, nor the loss, damage, or destruction of personal property of any person, while on first party's property and second party shall hold first party harmless for any claims made against first party for any such alleged responsibility or liability. 1 2.8 4 I .0 0 AGREEMENT A / THIS AGREEMENT, made this Ok day of (Of 0, 19 1 0, by and between the TOWN OF ESTES PARK, COLORADO, A Mublicipal Cgffboyatign, as the party of the first part, and 01+Â·/0,~AA_**edh 411Â»0, as party of the second part, WITNESSETH: WHEREAS, the second party desires to hold a horse show or shows at the Estes Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold horse shows or halter classes on the following date or dates: 1997 1998 1999 ~Ul,/2 -15,1991 2. First party agrees to furnish to second party all available stalls and exhibition space for animals at Stanley Park as herein provided. First party will not furnish any feed or straw for any of the animals and no cleaning of the stalls except as herein provided. 3. First party assumes no responsibility or liability for bodily injury, personal injury, injury, sickness or death of any person or animal, nor the loss, damage, or destruction of personal property of any person, while on first party's property and second party shall hold first party harmless for any claims made against first party for any such alleged responsibility or liability. 1 ...0/0.0 Pul...ING Co RECORD OF PROCEEDINGS Community Development Committee - January 2, 1997 - Page 2 EVRPD Inline Skating Agreement. The Committee recommends approval of the Agreement with the Estes Valley Recreation and Park District for the use of Barn W for Inline Skating. AGREEMENT THIS AGREEMENT, made and entered into this day of , 1996, by and between the TOWN OF ESTES PARK, a Colorado Municipal Corporation, hereinafter referred to as ("Town") and the ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter referred to as ("The District") . WITNESSETH: 1. Town shall provide to the District approximately one-half of Barn.W located at Stanley Park for the purpose of in-line hockey games for the District. The use of Barn W shall be from approximately mid December, 1996 through April of 1996. The frequency of use shall be two (2) to three (3) times per week. The District shall pay to the Town Ten and 00/100 Dollars ($10.00) per use for Barn W. Said sum shall be payable upon receipt by the District of an invoice from the Town. 2. The District agrees to provide a floor to ceiling net around the playing area to prevent damage by flying pucks to walls and other property located in Barn W including, but not limited to, the RV storage in Barn W. This net will be placed by the District prior to the beginning of any use of Barn W for in-line skating and removed at the end of the District's use of Barn W. The District will be solely responsible for the operation of the in-line skating program. Said responsibility shall include, but not be limited to, direct supervision at all times by the District of the program, supervision over parking, participants and spectators, security for all property located in Barn W during the use of Barn W by the District and safety for all participants and spectators in the in-line skating program. 3. The Town shall provide lights in Barn W for the program. 4. The Town will not provide snowplowing from the general parking area to Barn W. However, the District may plow that area in its discretion. 5. The Town shall have the overall authority, control and supervision of Stanley Park, except for the in-line skating program, as hereinabove provided,. which shall be under the sole supervision, control and responsibility of the District. 6. District shall provide comprehensive general liability insurance with minimum policy limits of One Million and 00/100 Dollars ($1,000,000.00) for each occurrence and One Million and 00/100 Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual employee's acts, contractual and independent contractors). The Town shall be named as an additional insured on this policy. District shall furnish certificates evidencing t~g ~above , insurance requirements including the addition of the Town J~* an additional insured on the policy at least thirty (30) days prior to the beginning of the in-line skating program. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement , the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) per person and Six Hundred Thousand and 00/100 Dollars ($600,000.00) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity act, 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. District understands and agrees that they are an independent contractor under the terms and conditions of this Agreement. As such, they are not entitled to unemployment or insurance benefits through the Town. Also, the District understands and agrees that they are solely responsible for all Federal and State Income Tax, FICA taxes and Unemployment Insurance taxes. District also understands and agrees that they are responsible for Workmen's Compensation coverage and taxes for themselves and any employee. 7. All notices, demands or other documents required or desired to be given, made ob sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered mail as follows: Town of Estes Park c/o Linda Hinze Estes Park Fairgrounds P.O. Box 1967 Estes Park, CO 80517 Estes Valley Recreation and Park District c/o Stan Gengler P.O. Box 1379 Estes Park, CO 80517 8. In the event that there is a default under any terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. If said default is not cured within ten (10) day period, then the non-defaulting party shall be entitled to all damages incurred by the non-defaulting party as a result of said default, including an action for specific performance. Said damages shall include all reasonable attorneys' fees and court costs incurred by the non-defaulting party. - 9. 'District agrees to include the Town on all releases or Â· waiver of liability obtained by District from all in-line skaters, ' with the Town to be released in the same manner as District. District agrees to furnish to the Town a copy of the waiver or release form which the District intends to use for said purpose. 10. District agrees that Town should not be liable for any injuries, sickness or .damage to any of the in-line skaters, or personal property, resulting from the negligent acts and omissions of the District and its employees/agents and to the extent permitted by law, District agrees to indemnify and to hold Town harmless therefrom and from any such third-party claims for loss, damage, sickness or injury caused or alleged to have been caused directly or indirectly by District, its employees or agents, and arising from the in-line skating program. 11. This Agreement represents the entire agreement between the parties and shall not be amended by either of the parties hereto without written consent of the other party. 12. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk ESTES VALLEY PARK AND RECREATION DISTRICT 02 ATTEST: 413 ate_- LE CALLA . 2.8. ./.0/0/0/Ull.MING'o. RECORD OF PROCEEDINGS Community Development Committee - January 2, 1997 - Page 3 Lions Club Concession Agreement - Renewal and Revision. The Lions Club is proposing the following changes to the Concession Stand Agreement: 1. the Lions Club is to furnish the Town with a written inventory list--add: that the list shall designate the ownership to either the Lions Club or the Town; 2. states that all improvements, etc. becomes the property of the Town--add: "when permanently placed or affixed in the demised premises"; and 3. request to decrease the rent from 15% to 13%. Les Foiles, President/Lions Club,* stated that tke majority of the Club' s profits are returned to the community; addressed the 1,1001 volunteer hours expended by club members; and that the Club hires a manager. Mr. Foiles requested the rent be reduced to 13% based on the service they provide to the Community. Additionally, Mr. Foiles has confirmed that the Steamboat Springs Concession is assessed 10%. Chairman Doylen announced that this item would be further discussed in Executive Session. The meeting adjourned at 9:20 a.m. to Executive Session. Chairman Doylen reconvened the meeting at 10:05 a.m. L.ions Club Concession Stand Lease. As the Town Â·pays for the cost of operations (liquor license, trash, water, and sewer fees), and -~ based on the increases in said utility costs, the Committee recommends approval o f Revisi-ons 1 and 2, and that the request to amend the current rental rate of 15% to 13% be denied. LEASE n ki THIS LEASE, made and entered into this 7 - day of 4.6Â»- , 19 16 , between the TOWN OF ESTES PARK, lÂ¢OLORADgt, a municipal corporation, hereinafter referred to as tessor, and the LIONS CLUB OF ESTES PARK, COLORADO, a Colorado Nonprofit Corporation, hereinafter referred to as Lessee. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all those premises, situate in the Town of Estes Park, County of Larimer, State of Colorado, known and described as follows, to-wit: The Concession Stand attached to the Grandstand at Stanley Park. TO HAVE AND TO HOLD, the above described premises with theÂ· appurtenances, unto Lessee from January 1, 19 96 through January - 1, 19 91 , and Lessee in consideration of the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with Lessor as follows: 1. To pay to Lessor, as rent for said premises, fifteen percent (15%) Â·of the gross sales from the operation of the Concession Stand, plus $75.00/year flat fee for natural gas expenses. For the purposes of this Lease, gross sales shall be the total amount of funds realized from all sales of food, beverages and tobacco products from the Concession Stand less sales tax; license fees (including the Town occupation license, but not to include liquor licenses to either the Town or the State), liquor liability insurance, and sums paid for capital improvements. Lessee shall be entitled to deduct from the yearly rent, an amount equal to the annual licens@ fees paid to the Town of Estes Park and the State of Colorado for the 3.2% beer license. Capital improvements shall not include repairs as more fully set forth in Paragraph 3 of this Lease. Said rent shall be due and payable to the Estes Park Fairgrounds Director on or before the 31st day of December, during the term hereof beginning on December 31, 1996. 2. To keep complete and accurate records of Lessee's operation of said Concession Stand; and to submit to the Town of Estes Park, at the Office of the Estes Park Fairgrounds Director, a copy of such records on or before the rent payment dates as herein provided. 3. To make all necessary repairs to the interior of,&4 P . demised premises during the term of this Lease, including all f<M plumbing, painting, maintenance and replacing of all broken glass or fixtures; provided, however, should repairs become necessary because of structural defects and outside repairs, including the roof of the demised premises, they shall be made by Lessor at its expense. 4. To keep the demised premises safe and clean and in such order as may be required by the regulations of any governmental authority. 5. Not to alter the premises in any manner, except with Lessor's written consent. 6. To allow Lessor or its agents, at all reasonable times, to have free access to the demised premises for the purposes of examining or inspecting the condition of the same or the operation of the Concession Stand. 7. To furnish to Lessor a written physical inventory and statement of value of all improvements, fixtures and equipment presently located in the demised premises. Lessee shall keep said inventory and statement of value current by written notice of Lessor, whenever there are any additions to said improvements, fixtures and equipment. 8. Lessee agrees to procure and maintain during the term of this Lease, the following insurance coverages: A. Comprehensive General Liability Insurance of at least $150,000.00 per injury and $600,000.00 per occurrence. B. Liquor Liability Insurance for the sale of all alcoholic beverages sold by Lessee of at least $150,000.00 per injury and $600,000.00 per occurrence. C. The Lions Club and the Town understand and agree that the Town is relying on, and does not intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000.00 per injury and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. D. The Town shall. be named as an additional named insured on said policies. . 9. It is agreed by the parties hereto: A. , All improvements, fixtures and equipment, except grills, shall become the property of Lessor when placed in the demised premises, and said improvements, fixtures and equipment shall be insured at Lessor's expense. B. Lessee shall have the concession for the sale of all food, drink, and tobacco products for the Stanley Park Grandstand Area and for the blacktop in front of the Stanley Park Grandstand Area as described on Exhibit "A" attached hereto and incorporated herein by reference during the term of this Lease. Lessor specifically reserves the right to allow or license other concessionaires on the Stanley Park grounds other than the area specifically described on Exhibit "A" . C. Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Area, and when Lessor requests that the Concession Stand be operated for other events at Stanley Park. D. If Lessee shall fail to comply with the conditions .of this Lease, or should not well and truly perform all and every one of the covenants and agreements herein contained on the part of the Lessee to be performed and kept, then this Lease shall, at the option of Lessor, cease and absolutely terminate. Notice of such termination shall be delivered to either the then acting President or the then acting Secretary of Lessee. E. In the event that changes occur which materially affect the operation of the demised premises, either party shall have the option to request that this Lease be renegotiated. F. Lessee may operate the Concession Stand other than at events scheduled at Stanley Park by the Town of Estes Park through the Estes Park Fairgrounds Director. Lessee will pay the Town as rent for the events covered by this specific paragraph five percent (5%) of the gross sales from the operation of this Concession Stand during these events. For the purpose of this specific paragraph only, gross sales shall be defined to mean the total amount of funds realized from all sales of food, beverage and tobacco products from the Concession Stand. 10. Lessee understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the Lessee is not entitled to unemployment or insurance benefits through the Town. Also, the Lessee understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. Lessee also understands and agrees that it is responsible for worker's compensation coverage and taxes for itself and any employee. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. TOWN OF ESTES PARK, COLORADO /\ KA A By: irtjg#~L_ - Mayor ATTEST: 1~Â»OÂ· ta,1 Town Clerk LESSOR LIONS CLUB 9F ESTES PARK, COLORADO By: *~ ~14 Pr*,iMdeny' ATTEST: 4-049 7Mchud Sec/"et ry LESSEE ' Â· .k . /637~5â‚¬~*4311!P C I . -. 40 \4 --- - '*. -- -I --= - -- -- -Ir <-2-- .... M 4.-- .Clu 111Â¥, Â¥,Â¥ 1 'irÂ¥ - - -- - --0 L h\\ -- - 0 -- // 0 \\ 'Cl. NiÂ¥* ~[LI; ~"% -r . 6 1. 1 31 0 0 . \\<@/ 4/ Anal, 2%4 ll - ~ W le//j 1 11 - -1 1 , 1 11 19 2 4 \\ 4\ 4 11 1 897 , A 10 : <4// // 1, 1 1 1 . .-. 4 3... 4 W l , I . 3 . St,d I // >Al u IN N , 1 CivÂ· 9 1 I ... hy- 1 1U f -04 4 0 8 l 5/: AER:P 0 0/ 1 (e) f / 64 : , X . / 2- /0 Â¥/226 , /4 9' Â· ' 4 , 1/ A '~ /0/ 'llj // Â¥0, / I -w v 4-1 4 4 2 X , A \U . 4 1/ : 0 7 i X 0- 14 9 I 0 2 1. d , Mi . 4 0 4 0 Â£ d I J L 1 , 34 . I 5 3 . 6 9 1419 X / ! 1 k ./.2 00 .. 74 1 1 - 1 /1 \0 2 :< g 12 4 :4 \ 0 / 4 -1- 4 , 1 1 /VO, S S l. BRADFOROPUBLISH INGCO. RECORD OF PROCEEDINGS Light and Power Committee January 9, 1997 Committee: Chairm,n Hix, Trustees Baudek and Pauley Attending: Chairman Hix and Trustee Baudek Also Attending: Light & Power Director Matzke, Assistant Administrator Widmer, Meter Foreman Brumleve, Meter Specialist O'Connor, Deputy Clerk Kuehl Absent: Trustee Pauley Chairman Hix called the meeting to order at 8:00 a.m. Staff requested and received Committee consensus to enter into Executive - Session to discuss the Fall River Hydro Plant. At the compl~ of the Executive Session, Chairman Hix called the regulari*E-ing to order at 8:02 a.m. REPLACE BUCKET TRUCK #27 - AUTHORIZATI~~p-~UEST BIDS Director Matzke reported that Bug~ck #27, four-wheel drive one-man aerial bucket truck,-100--replaced, in 1991 with Truck #31, but was retained as a ba**07 it now has 80,000 miles of service. The 1997 budget incl~0f-$109,000 for replacement of this vehicle. The Committee a-gibefizes Staff to seek bids for replacement of Bucket Truc10-11~7, and return to Committee in March with a recommendalfon. AUTOMATIC METER READING PROGRAM - AUTHORIZATION TO PURCHASE ADDITIONAL METERS ,~--2 Director Matzke reviewed the Automatic Meter Reading pilot program '75 implemented in 1996: cost of $15,000 consisting of 32 meters and required computer equipment. The 1997 budget includes $50,000 to purchase an additional 100 meters with electric and water reading 3, A . Brumleve explained the benef its of this program and Meter capability and 100 to 150 meters with electric only. Meter Foreman Specialist O'Connor demonstrated the hardware equipment used. The Committee recommends the purchase of the additional meters not to exceed $50,000 from Cannon Technologies. EMERGENCY GENERATOR PEAK SHAVING PROGRAM - PROPOSED MODIFICATIONS The Emergency Generator Peak Shaving Program provides $10 per k rebate for customers operating emergency generators during ti anticipated system peak. The Upper Thompson Sanitation trict has actively participated in this program. Platte er's new wholesale rate has reduced the value of load offs at the season peak from a maximum of $64.48 per kW to $10 . The Committee recommends the Emergency Generator Peak S ng Rebate Program be continued with a rebate amount of $5 p W. REPORTS Platte River Power Aut ity: Assistant Administrator Widmer reported that the P Board met on December 12 and authorized staff to pursue bo efinancing, the establishment of a subsidiary company which w d offer services and electricity at retail, the turbine upgr at the Rawhide Plant, the purchase of new SCADA systems, a the 1997 budget. The Fort Collins wind project now includes 0 customers. Dir or Matzke presented the Financial Reports for November. TOWN OF ESTES PARK Office Memorandum To: Light and Power Committee From: Richard E. Matzke)â‚¬ 87Â»- Date: January 8, 1997 Re: Automatic Meter Reading Program Authorization to Purchase Additional Meters In January 1996, the Town Board authorized the Light and Power Department to implement an Automatic Meter Reading (AMR) pilot program at a cost of $15,000. The pilot program included the cost of 32 meters and the required hardware and software to read these meter remotely using a power line carrier communication system. The pilot program was implemented successfully in 1996 and these meters have been read remotely for several months. The Light and Power Department requested $50,000 in the 1997 budget for purchase of additional AMR meters. This amount is adequate to fund 100 meters capable of communicating electric and water billing information and 100 to 150 meters capable of reading electric consumption only. The Light and Power Department is requesting authorization to negotiate a purchase with Cannon Technologies, the supplier ofthe meters. After the installation ofthese meters is complete and we are satisfied with the performance ofthe meters capable of communicating water consumption, we may wish to consider installing these meters on all new services and including the additional cost ($150 to $200) in the associated electric connect fees and water tap fees. REM 2-1 -euROPU,LISHINGCO. RECORD OF PROCEEDINGS Planning Commission - December 17, 1996 Page 4 4.A. SPECIAL REVIEW JAIR SPECIAL REVIEW 96-6. Estes Park Bank Carillon. 363 E. Elkhorn Avenue. Estes Park Bank/Applicant. (Continued from 11/19/96 Planning Commission Meeting) This is a request to play music over the Carillon four times a day on a minimum volume setting. Chairman Sager declared the Public Hearing open and read the Rules Of Conduct. Sally Anderson, Applicant' s representative, stated the week long demonstration of the Carillon was completed last week and she was only aware of a response from Roger and Larae Essman who did not hear the chimes, however, expressed concern that the Community Church of the Rockies Carillon and bank Carillon may "eventually collide". Due to the unpredictability of the wind, Ms. Anderson offered the Bank's willingness to work with individuals in the future if the proposal is approved and problems arise. She believes a precedent was made with the approval of the Water Wheel Chimes in 1975 through a Special Review. The Bank is requesting approval just as the Community Church received approval for their carillon through Special Review. She believes these are special situations and differ from pre-recorded music played on a tape player. There were no audience comments in favor of the request. Carolyn Dobbins, 145 Stanley Circle Drive, spoke against the proposal stating the chimes had been so lou,-1, i.he was awakened inside her home and that it is disruptive to hear chimes and songs at the frequency proposed. She requested if the proposal is approved the times be changed to 9:00 am - 6:00 pm and allowed-only during the holidays. Commissioner A. Hix stated no precedent would be set in this Special Review process, each request stands on its own. Commissioner Brown suggested the Applicant have a sound measurement done to set a standard of acceptance for future measurement. Commissioner Thomas emphasized the sound is not to travel further than 40' as expressed by correspondence from Greg White. Chairman Sager suggested the starting time be 9:00 am and that 9 pm be utilized only in the summer. Commissioners Gilfillan and Brown stated they would be unable to support a motion without a condition of decibel level. Ms. Anderson stated the Applicant is willing to have the decibel level measured so an acceptable measurement can be set, and agreed that music will not be longer than 3 minutes each. Commissioner A. Hix stated she works in the Estes Park Bank building and her employees are in favor of the Carillon and this would be a welcome addition to East Elkhorn Avenue and it was moved and seconded (A. Hix/Burgess) Special Review 96-6, Estes Park Carillon, 363 E. Elkhorn be favorably recommended to the Board of Trustees with the following conditions and it passed by the following votes: those voting "Yes", Commissioners Burgess, Brown, Gilfillan, A. Hix and Sager; those voting "No", Commissioners Pohl, Thomas. â€¢ Music lasting no longer than 3 minutes each time may be played three (3) times each day at 9 am, 1 pm and 6 pm. â€¢ Applicant will provide a test of the decibel level at the minimum setting (utilized during the testing period) which will be the standard for approval of the request. . BRAOFOROPUILISHINGCO. RECORD OF PROCEEDINGS Planning Commission - December 17, 1996 _Paae 5 Â¥.6. .a.-!' Special Review 96-8. Estes Park Paddlers Ltd./Patrick Hvland. dba Estes Park Paddlers Ltd./Applicant. This is a request for kayak touring and instructional service tb operate within the boundaries of the Big Thompson River. Chairman Sager declared the Public Hearing open. Applicant, Patrick Hyland, explained this would be a seasonal outdoor activity to enhance opportunities for residents and tourists. He is concerned with safety and made test runs last summer. He anticipates 3 tours a day at 9 am, 12 noon, and 4:30 pm with a projection of 150 guests the first season, anticipating doubling within 3 years. There will be a maximum of 5 kayaks on each trip with one kayak being operated by a guide. In compliance with the state requirement, each guide will have 40 hours of river time. The trip leader must have 500 hours of river time. His future ideas include additional tours, water access into RMNP and utilization below the Lake Estes Dam; at this time efforts will be concentrated in the downtown area. Mr. Hyland explained the "put in point" is on Spur 66 and he will petition the County if this request is approved. Mr. Hyland has not spoken with Rick Spowart, DOW, regarding impact on trout spawning habitat by the Chamber of Commerce, however, he does not believe kayaking is a turbulent activity and will not disturb the area. Applicant has not applied to Larimer County Planning as his first step is to seek local approval. In order to accommodate the business operating from his home, an additional telephone line has been installed, a computer purchased; when profits increase he may rent commercial space. Orientation of approximately 15-20 minutes will be adjacent to Tallant Park. Commissioner Burgess expressed concern with the i minimal orientation time. . Mr. Hyland felt that would be enough time and the ride would be safe; he is considering helmets with radios for.participants and emphasized safety is his number one concern. He brought a kayak for Commissioners to view and demonstrated how to get into and out of the kayak. In response to Director Stamey's question, Mr. Highland stated trespassing occurs if you exit the vessel and touch the river bottom. Commissioner A. Hix recommended higher limits on insurance and explained the assumption of risk law. Senior Planner Joseph reviewed the staff report and comments from referral agencies. Mr. Joseph noted Town Attorney White has advised the Town has very limited authority in regulating kayaks on the river. Staff recommended approval to Town Board with four conditions. Mr. Hyland explained they will work with the Fire Chief to establish an acceptable range of water flow to determine when the operation will be shut down. Correspondence was received from Marlene Remington, President of the Blue Spruce Village Owners Association, who expressed concerns and requested denial of the request. Audience comments were heard from Carol Biedelman, 3245 Tunnel Road, who questioned parking availability, accessible restrooms and potential impacts at the put in point. Mr. Hyland explained customers would be picked up and transferred to their entry point, Chamber of Commerce restrooms would be available. Carol Rich, 2222 Highway 66, requested consideration of property rights and denial of commercialization which would disturb the fish and fishermen. She also expressed concerns with limited orientation time and liability to property owners and felt there was inadequate notification of this request. Todd Jirsa, 401 Lakefront, spoke against the request. He has taught kayaking for many years and believes this is the 'right boat, wrong river'. He is especially concerned with adequate orientation, safety, emergency rescues and urged denial of the request. Safety issues included concern for kayakers and firemen in an emergency, kayak stability and maneuverability in this river which is classified as 3 and 4, and inadequate orientation time. Mr. Jirsa does teach locally in the swimming pool and in the Poudre River. BRADFOâ€¢OPUSLISHINGCO. RECORD OF PROCEEDINGS Planning Commission - December 17, 1996 Page 6 Mr. Hyland stated .he grew .up in Estes Park and respects the river and emphasited he believes this proposal was written with safety in mind and he will have insurance. Harry Lipscomb, 2222 Moraine Avenue, expressed concerns for trespass area, fishing activities and high water problems to kayakers. Andrew Griffith, Allenspark, stated he has established two kayak schools and raced internationally and came with an open mind. He agreed with Mr. Jirsa's comments and believes this will be too much responsibility for one guide in an emergency situation, additional orientation will be needed, potential for problems with pools and eddys and takeout problems. He no longer has any commercial kayaking interests. Mr. Hyland stated he is a firefighter and deals with emergencies on a daily basis and is satisfied with the emergency medical services in Estes Park. The Public Hearing was closed. Planner Joseph clarified the staff report does not address safety concerns expressed today. In response to Commissioner questions, Mr. Hyland explained the state has requirements for trainers and guides and he will comply. Additionally, he will seek permission from the Town, County, Federal agencies and will be insured. He believes RMNP would be interested in adding this to their offered opportunities. Commissioner Brown clarified with the Applicant the operation would consist of 3 tours per day, 10 crafts maximum (8 customers, 2 guides) and suggested this be approved for a limited time period with a limit per day of no more than 3 tours, 10 crafts each tour, and the Applicant would return for review/approval. In response to Commissioner Pohl's questions, Director Stamey stated if Larimer County did not approve this request and tl ... Town does approve, the operation would be allowed in Tow.. limits. Stating the proposal does meet Speci al Review Requirements, it was moved and seconded (Brown/Thomas) Special Review 96-8, Estes Park Paddlers Ltd., be favorably recommended to the Board of Trustees with the following conditions, and it passed by the following votes: those voting "Yes", Commissioners Brown, A. Hix, Gilfillan, Thomas, those voting "No", Commissioners Burgess, Pohl and Sager. No portage around bridges, except in case of emergency. Put in and take out locations on Town property are restricted to Baldwin Park and Tallant Park, except in case of emergency. i The Applicant shall be required to obtain approval from Larimer County, EVRPD/BOR and any other agency having jurisdiction over the various routes, locations, and related support activities and operations. . â€¢ The Applicant shall purchase and maintain liability insurance in the minimum amount of $150,000 per individual/$600,000 per occurrence, with the Town named as additional insured. â€¢ No more than 3 trips per day of 10 kayaks (2 guides/8 customers). â€¢ High flow periods will be regulated by the Fire Department. â€¢ Applicant will return in one year for review/approval of the request. .. 1Nwr .Spruce Cotâ€¢â€¢90 RECEIVED 5- Pâ€¢â€¢, Cotordo .0,17 JAN 1 0 1997 (970) Â¥86-454; ADMIN. DEPT. January 9, 1997 Via Federal Express Board ofTrustees Town ofEstes Park 170 MacGregor Avenue Estes Park, Colorado 80517 Re: Big Thompson River Kayaking Proposal Dear Ladies and Gentlemen: As the owners ofRiver Spruce Cottages on the Big Thompson River on Spur 66, we are very concerned about the Big Thompson River kayaking proposal as described in the December 25, 1996 Trail-Gazette. Several of the obvious problems are described in the Trail-Gazette article -- the danger to the participants; adverse impact upon trout spawning; adequacy of liability insurance; and the like. All ofthese are valid concerns. As the operators ofa small riverfront resort, however, our concerns arise out of the negative impact which the kayaking would have on our business and guests. We own both sides of the river at our location, and every two weeks, at our expense, we stock the river with trout for our guests. Clearly, kayaking would disrupt the fishing which is the principal attraction of our cottages. Interruption by groups ofnovices in kayaks would be inconsistent with the quiet isolation desired by most fishermen. Further, fish hooks and fishing lines are certainly inconsistent with kayaks, and this combination creates a potential for very unpleasant confrontation. We pride ourselves in the operation ofa quiet and peaceful facility. Groups of inexperienced kayakers would pose a serious threat to the image we have created. Shouting, furious paddling, and overturned kayaks are not what our guests are expecting. The Big Thompson is swift and rocky in several places adjacent to our property. Inevitably, kayaks are going to overturn; boats will be swamped; kayakers will want to wade ashore to solve their boat problems or to recover from their discomfort; and the property rights of abutting landowners like ourselves will be violated. It also occurs to us that there are a number of additional, more practical and technical problems which have not been addressed and which have no solutions: 1. No launch site has been identified for the kayaking operation, but any site along the Spur 66 corridor would present several legal problems: a. Proper zoning would be required for the conduct of the business being conducted at the launch site. b. Ifstate or other public right ofway were involved, a permit would be required for the private, commercial use of public property; c. Unsightly, and perhaps illegal, parking and highway access would be generated; and d. This commercial activity would be very visible from Spur 66 and would encourage unsupervised individuals to raft, tube and kayak on their own. 2. Any private property owner who permits the kayaking concession would be in violation of property use restrictions. 3. County and state regulations do not permit the proposed operation in the manner described in the proposal to the planning commission. You are urged to deny the request to allow the kayaking operation. Very truly yours, RIVER SPRUCE, INC. By hhl* liN-hfuh Aan Smhh, President \ U Â£. l (~Ad Smith, Secretary CC: Larimer County Commission Colorado Division of Wildlife Idlewilde Cottages Blue Spruce Village Glacier Lodge Rockmount Cottages Mrs. Flo Huggins Mr. Bob Joseph, Town ofEstes Park - by Federal Express RECEIVEDj 2624 17th Street JAN 031997 Greelev, Col.orado January 3, 1997 ADMIN. DEPT. Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 To members of the Estes Park Town Board: We have read the article in the 12/25/96 issue of the Trail Gazette regarding the Estes Park Planning Commission recommending approval of Patrick Hyland's proposal to conduct kayaking trips on the Big Thompson River. The article stated the Town Board would act on the recommendation this month. Having been a summer resident in Estes Park for nearly 40 years, we have seen many changes. To us Estes Park has been a retreat for those who enjoy the peace ' and serenity of a mountain playground with a commercial aura to benefit the town. We definitely are against helicopter tours over the area and certainly hope a governmental decision on that will be issued in our favor. Now an individual wants to offer kayak trips on the Thompson River. Does Mr. Hyland have this type of business elsewhere? If so, what is his safety record there, what qualifications and experience does he have, etc.? We agree with the comments in the article made by Messrs. Jirsa and Griffith regarding safety as most individuals partaking would be novices and, perhaps, cannot even swim. We feel t}*e frivolous activities are not needed in the town of Estes Park. There are several businesses already in Estes Park where float or similar trips are available in areas more suited to that kind of activity. Lets keep our pristine rivers in Estes free and clear of such activities. Thank you for your time and consideration. Yours truly, ,<1611 4.4141 // 14Â«uj Ltilt) Gil and Maxine Culter JAN-10-1997 11:19 HAMMOND, CLARK & WHITE 9706699380 P.01 . LEASE/OPTION TO PURCHASE AGREEMENT Effective January 1, 1997, the Town of Estes Park, (the "Town"), a body corporate and politic of the State of Colorado, post Office Box 1200, Estes Park. Colorado 80517, and The Estes Park Willows, Inc,, a Colorado Corporation, ("Owner"), have entered into this Agreement regarding the following described real estate situate in the Town of Estes Park, Colorado, to wit: Lots 1 and 2, Block 11, in the Town of Estes Park, as shown by the Second Amended Plat of said Town: Block 2, BIRCH ADDITION: Lot 2, "BIRCH RESUBDIVISION" of Block 1, Birch Addition to the Town of Estes Park, Colorado and Block 12 of the Second Amended Plat of the Town of Estes Park County of Larimer, State of Colorado comprising approximately 5 acres on McGregor Avenue, Estes Park, Colorado, and known as the "Willows Property" ("Willows"), together with all improvements thereon and appurtenances thereto owned by Owner, upon the terms and conditions herein, 1. Lease. Subject to and upon the terms, provisions and conditions hereinafter set forth, and in consideration of the duties, covenants and obligations hereunder, Owner does hereby lease, demise and let unto the Town and the Town does hereby lease from Owner the Willows. 2. Term. This lease shall begin on January 1, 1997, and shall terminate on December 31, 1997. The lease may be renewed solely at the option of the Town for four (4) consecutive, twelve (12) month terms by notice to Owner on or before December 1st of each year. The lease is subject to annual appropriations of the lease payments by the Town (see Section 4 below). 3. Lease Payments. Upon the effective date of this Agreement, the Town shall pay the sum of $34,453.14 to Owner as payment of the lease payment for the initial term of the lease. The subsequent yearly lease payments shall be as follows: 1 TOTAL P.01 JAN-10-1997 11:20 HAMMOND, CLARK & WHITE 9706699380 P.01 4 A total lease payment of $450,000.00, plus interest on the unpaid balance of the total lease payment from January 1, 1998 until paid, plus interest, at the rate of 6.125 percent per annum shall be paid by the Town. The rate to be paid by the Town for lease of the Willows on an annual basis is calculated as follows: Principal Interest Total Lease Ye.ar Payment Payment Payment Balance 1997 $ 0.00 $34,453.14 $ 34,453.14 $450,000-00 1998 $ 48,800.00 $24,573.50 $ 73,373.50 $401,200.00 1999 $177,325.00 $13,712.34 $191,037.34 $223,875.00 2000 $196,285.00 $ 1,689.90 $197,974.90 $ 27,590.00 2001 *$ 27,590.00 -0- $ 27,590.00 S 0.00* * This principal payment shall be in the amount of $27,490.00 payable on April 1, 2001 and $100.00 payable on July 1, 2001- ~ All lease payments are due and payable on or before April 1st of each subsequent year, subject to Sections 2 and 4 of this Agreement. The Town reserves the right to prepay any additional amount to be applied toward the unpaid balance at any time. 4. Conditions of Lease Payments - Option- to Purchase - Continuation/Termination. The Town is not obligated by the lease to make any payments in any fiscal year beyond the fiscal year for which funds are appropriated for the payment thereof or to make payments from any funds of the Town other than funds appropriated for the payment of current expenditures. All payment obligations of the Town under the lease are from year to year only and do not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the Town. The Town may prepay principal and/or interest payments at any time. The lease is subject to annual renewal at the option of the Town and will be terminated upon the occurrence of an event of nonappropriation. In such event, all further payments from the Town under the lease will terminate, the lease shall terminate, this Agreement will be null and void and the parties shall be released from all provisions of this Agreement. The Town and Owner acknowledge and agree that the lease payments hereunder shall constitute current expenditures of the Town payable in the fiscal years for which funds are appropriated for the payment thereof. The Town's obligations under thie Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or 2 TOTAL P.01 other financial obligation of the Town, or an obligation of the Town payable in any fiscal year beyond the fiscal year for which funds are appropriated for the payment thereof, or payable from any funds of the Town other than funds appropriated for the payment of current expenditures. The Town shall not be required or obligated to exercise its option to purchase the Willows, as provided in Section 9 of this Agreement below. No provisions of this Agreement shall be construed to pledge or to create a lien on any class or source of Town monies, assets or properties. 5. Use. During the term of this lease, the Willows shall be used and occupied by the Town and/or its successors, transferees, assigns or representatives as open space and kept in its natural condition, except, the Town shall have the right to construct parking facilities including paving, striping, access lanes, and landscaping on the southern fifty (50) feet of the Property. 6. Quiet Eni ovment. The Town shall and may peacefully have, hold and enjoy the Willows, subject to the other terms hereof, provided that the Town pays the rental herein recited and performs all of the covenants and agreements herein contained. 7. Title Insurance - Survev - Access - Update of Insurance. To assure the Town of good and merchantable fee simple title to the Willows for purposes of this Agreement, and in the event the Town exercises its option to purchase the Willows, the Town shall, on or before January 1, 1997, obtain and pay for a commitment for a title insurance policy in an amount equal to $450,000.00, to be issued by a title insurance company selected by the Town. The Town shall pay for the title insurance policy in the said amount, which policy shall be issued on or before January 1, 1997. In the event the commitment for title insurance indicates that Owner does not have good and merchantable fee simple title to the Willows, as determined solely by the Town; or indicates outstanding liens against or encumbrances upon the Willows, restrictions upon the Willows or restrictions regarding use thereof, or in the event said commitment or other investigation indicates rights of parties in possession other than Owner; then the Town may, at its option, void this Agreement; satisfy such liens, restrictions or encumbrances; or acquire the right to possession to its reasonable satisfaction, to effect good and merchantable title, and deduct from the amount to be paid to Owner the amount of any consideration paid on the account thereof. If required, as determined by the Town, to date of commencement of the initial term of the lease, which is January 1, 1997, shall be extended to accommodate clearance of the title to the reasonable satisfaction of the Town. 3 Prior to the effective date of the Lease, the Town may obtain a survey of the Willows or an improvement location certificate at the Town's cost. Owner shall afford the Town or its representative access to the Willows to obtain said survey or certificate. The Town shall also have access to the Willows for any other inspection or purpose related to this Agreement. The Town may update the title policy at its own cost, if any, upon each notice of renewal of the lease by the Town. If the Town determines that the title is not good and merchantable, it may exercise any of the options described above in the first paragraph of this Section 7. 8. Matters Not Shown bv the Public Records. Owner shall deliver to the Town before January 1, 1997, true copies of all lease(s) and survey(s) in Owner's possession pertaining to the Willows and shall disclose to the Town all easements, liens or other title matters not shown by the public records (such as, by illustration, an unrecorded easement, unrecorded lease, or boundary line discrepancy). 9. Option to Purchase. The Town shall have a sole and exclusive option to purchase the Willows at any time during the duration of this Agreement. The purchase price shall be $450,002.00, plus interest, as more fully set forth in Section 3 of this Agreement. The principal portions of the lease payments made by the Town under this Agreement, shall be credited to the purchase price upon exercise of the option to purchase by the Town. A. The option to purchase shall be exercised by written notice from the Town to Owner. Upon such notice, the title insurance policy provided for in Section 7 above, shall be updated to the date of closing. All provisions of Section 6 regarding good and merchantable fee simple title to the Willows for the benefit of the Town shall apply to the purchase and closing of the Willows. B. Owner shall execute and deliver to Town at closing a general warranty deed sufficient to convey good and merchantable fee simple title to the Willows, free and clear of liens, encumbrances and taxes. C. Subject to Section 6, closing shall take place within a reasonable length of time, as determined by the Town, following notice of the option to purchase. The Town shall pay all the costs of closing. 4 10. Taxes. Based upon the provisions of Section 39-3-124 C.R.S., it is understood and agreed that upon the effective date of this Lease Agreement, no personal property or ad valorem property taxes are to be assessed or paid upon the Willows. Therefore, Owner shall pay all personal property taxes and ad valorem assessments and taxes due to the effective date of this Agreement and all preceding years, if any. In the event there are real property taxes due and payable following the effective date of this Agreement, the Town shall be responsible for said taxes so long as this Agreement is in full force and effect. 11. Representations and Warranties of Owner. Owner represents and warrants the following to the Town, as of the date of this Agreement: A. To Owner's actual knowledge (i) no leak, discharge of other contamination of the Willows by a Hazardous Substance (defined below) has occurred during Owner's ownership of the Willows or during any previous ownership; (ii) the Willows is free of underground storage tanks as defined by Section 8-20- 501(11), C.R.S., as amended, or any successors or applicable statute; and (iii) any handling, transportation, storage, - treatment or usage of hazardous Substance that has occurred on the Willows has been in compliance with all applicable federal, state, and local laws, regulations and ordinances. "Hazardous Substance" shall mean any hazardous or toxic substances or materials as defined by the Federal Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601, et. sea., the regulations promulgated from time to time thereunder, environmental laws administered by the Environmental Protection Agency and laws of the State of Colorado or any other governmental authority. B. Owner has not received any notice of, and had no other knowledge of information of, any action, suit, proceeding, or claim affecting the Willows or any portion thereof, pending or threatened in any court or by or before any federal statute, county or municipal department, commission, board, bureau, agency or other governmental instrumentality. C. To the actual knowledge of Owner, the Willows is free and clear of all mechanics' liens, and no work has been performed or is in process on the Willows, and no materials have been furnished to the Willows or any portion therefore which might result in mechanics', materialmen's or any other liens against the Willows or any portion thereof. D. As of January 1, 1997, Owner shall be the sole owner of good and marketable fee simple title to the Willows and the Willows shall be free and clear of all liens, claims, 5 encumbrances and claims of third parties, unless consented to by the Town in writing. E. During the term of this Agreement, Owner shall not, nor shall it allow, effect or permit any transaction which may effect the quiet enjoyment of the Willows by the Town or which does or may adversely affect its good and marketable fee simple title to the Willows. F. During the term of this Agreement, Owner shall not pledge, mortgage, sell, lease, transfer, exchange of convey any interest of any nature whatsoever in the Willows to any other party except by written approval of the Town, which approval shall not be unreasonably withheld if such assignment is required of Owner by lending requirements or other business requirements. Assignment of this Agreement by Owner shall be subject to ninety (90) days notice thereof to the Town and such assignment shall be further subject to the terms and provisions of this Agreement. G. The persons executing this Agreement have full power and authority to execute this Agreement and bind Owner in their representative capacity. 12.: Indemnification and Hold Harmless. The parties shall hold each other harmless from any liability, obligation, costs or judgment incurred by one party, related to this Agreement resulting from any negligent act of the other party. The parties shall also indemnify each other from all such liabilities, obligations, costs or judgments, including attorney's fees related thereto. 13. Representations and Warranties of the Town. During the lease of the Willows the Town represents and warrants to Owner that it: A. Shall use the Willows only as open space and parking area (see Section 5 above), and keep the open space in its natural condition. B. Shall not engage in, allow, effect or permit any use or transaction which may adversely affect Owner's good and merchantable fee simple title to the Willows. C. The Town shall not assign this Agreement without the written consent of Owner. 14. Possession. Possession of the Willows shall be delivered to the Town on January 1, 1997. 6 4, 15. Time of Essence. Time is of the essence, and all terms, conditions and covenants shall be tendered or performed as specified herein. 16. Further Acts. Each party agrees to perform or cause to be performed on or after the lease possession date and the closing date such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. 17. Abandonment of Parking Facilities. In the event the Town defaults under this Agreement and/or fails to exercise its option to purchase the Willows, upon termination of the Town's possession rights of the Willows, the Town shall surrender any rights it has to the parking facilities it has constructed on the Willows. 18. Default. In the event a party is in default of any provision of this Agreement, and the non-defaulting party is required to initiate litigation to remedy the default, the ~ prevailing party shall be awarded its costs and attorney's fees. 19. Covenants Survive Closing. The terms and conditions of this Agreement shall not merge and shall extend beyond the time of lease, possession, conveyance and closing of the Willows. 20. Notices. Notices may be effected to either party by mailing, by first class mail, to each party at the addresses provided below: The Town: The Town of Estes Park Attn: Mr. Gary Klaphake Town Administrator Post Office Box 1200 170 MacGregor Avenue Estes Park, CO 80517 Owner: The Estes Park Willows, Inc. c/o Mr . Fem-Brewn C kâ€¢ rl , s -C. 13 r Â·' '-~ v ~~ Post Office Box 3-049 3.543 Estes Park, CO 80517 7 21. General Provisions. A. Subject to Section 10 (option to Purchase) above, this Agreement may only be amended in writing signed by all parties. B. This Agreement shall be governed by the laws of the State of Colorado. Venue of any litigation regarding this Agreement shall be in Larimer County, Colorado. C. This Agreement shall be recorded by the Town at its expense. 22. Tax Exempt Status. It is the opinion of the Town that all interest as set forth in this Agreement is exempt from state and federal income tax (double-tax exempt). The Town shall provide an IRS 8083G Tax Exempt Form to Owner for each year in which payment has been made pursuant to this Agreement. In the event the payments are not double-tax exempt, the interest rate set forth in paragraph 3 of 6.125 percent shall be at the rate of ten percent per annum for all years in which they are not double- tax exempt. THE ESTES PARK WILLOWS, INC. THE TOWN OF ESTES PARK By<Â»Â« t~j 12.I By: O (3- Mayor ATTEST: By: Town Clerk STATE OF COLORADO ) )SS. COUNTY OF L /) C i rn e dA The foregoing Lease/Option to Purchasf Agreement was acknowledge before me this 2 >/ day of L) e e e n: be,0 I 1996 by 2 c rieÂ· Â£ Al -Eh 47Â£Â· 0 of Owner. I 1 My Commission Expires: n A/ly Commission Expires Jan. 12, 2000 ~*44'4 q/4 hlt>,4~~-/~ 255 Park Lane, Estes Park, CO 80511 #Notairy public ' / - 8 01 -11 / ..1-10.<t, 17 1 .1 e 8 - 1 .0 tt' 0 2 1 <m = ... = 000 1. i 9 0 -1 40 1 I e % 2 : 0 2 .. .g 9 - m 11 e .- I ./ ./ 0 0 i a a - E 00% BIRCHADDInON -,=ee 1 1 1/ 1 It 12 lili 1 t % t. %% . t g 11 EZ 0 5 1 0 \ 1 . % 0 0 E- N..t 4% + - 3 n. 1 d % A %, it 10 4 1 t' kile * * '1 USH'.m,a 01 ov.,s 100â‚¬ ..