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HomeMy WebLinkAboutMINUTES Town Board 1996-12-10Town of Estes Park,Larimer County,Colorado,.•flia 4 •, Minutes of a ..Re.gular meeting of the Board of Trustees of the Town of Estee Park,Larimer County,Colorado.Meeting held in the Municipal Building in said Town of Estee Park on the 4•tli day of J1?ury.,A.D.,19..9.7 at regular meeting hour. Gary F.Kiaphake, Town Administrator Gregory A.White, Town Attorney Vickie O’Connor, Town Clerk Susan L.Doylen, Mayor ProTem Jeff Barker, John Baudek, George J.Hix, William J.Marshall, J.Donald Pauley Mayor Dekker called the meeting to order at 7:31 p.m.and acknowledged Members of the Rooftop Rodeo Committee for receipt of the “Cowboy’s Choice Award”for the third consecutive year.Estes Park competes against $4 rodeos throughout Colorado and Wyoming,and the award is voted upon by the Cowboy contestants. PUBLIC COMMENT None CONSENT CALENDAR: 1.Town Board minutes dated December 10,1996. 2.Bills. 3.Committee Minutes: A.Planning Commission,December 3 and 17,1996 (acknowledgement only). B.Board of Adjustment,December 10,1996 (acknowledgement only). C.Community Development,January 2,1997. D.Light and Power,January 9,1997. 4.Administration Office Equipment -Authorization to enter into 3-Yr. Lease Agreement with Minolta Business Systems for Model EP4050 Copy Machine -Approval of budgeted expenditure. 5.Resolution #1-97 —Public Posting Designation. 6.Ordinance #1-97 —Municipal Court Clerk Salary Adjustment (10%; prior adjustment authorized in 1994). It was moved and seconded (Hix/Doylen)the consent calendar be approved, and it passed unanimously. ACTION ITEMS: /1.Estes Park Volunteer Fire Department.Fire Chief Rumley and Secretary Chrastil presented the 1996 Annual Report which was made a part of the record by reference thereto.Additionally,the Robert L.DekkerMeetingcalledtoorderbyMayor Present:Mayor Trustees: Robert L.Dekker Also Present Absent: Absent:None Board of Trustees -January 14,1997 -Page 2 training site tower has been completed,as well as the smoke house, and a 20,000 gallon cistern is being installed.Chief Rumley reviewed the Department’s boundary and clarified the false alarm calls.It was moved and seconded (Hix/Doylen)the Financial Report be accepted,and it passed unanimously. Chief Rumley expressed his appreciation to the Town Board for their support during his tenure as Chief,and Mayor Dekker presented a Certificate of Appreciation for his 23 years of service on the Volunteer Fire Department,17 years of which were serving as Fire Chief. It was moved and seconded (Doylen/Marshall)the following officers be approved for 1997,and it passed unanimously: Scott Dorman,Fire Chief Edward Ford,1st Ass’t.Chief Daryl McCown,2nd Assistant Chief Mark Chrastil Secretary/Treasurer Newly-appointed Fire Chief Scott Dorman was introduced. 2.A.Stanley Park Agreements -Approval:Director Hinze presented the standard Agreements.It was moved and seconded (Doylen/Hix)the following Horse Show Agreements be approved.Trustee Barker noted that he would not have supported denial of the Void Summer Rodeo proposal if he had been aware that three out of the four horse show associations listed below did not intend to submit a 3-yr. agreement.The motion passed unanimously: 1.Copper Penny Horse Show,July 19-20,1997 2.Rky.Mtn.Miniature Horse Club,3-yr.agreement, June,1997 —June,1999. 3.Colorado Arabian Horse Club,2-yr.agreement,July,1997 —July 1998. 4.Colorful Colorado Quarter Horse Show,June 12-15,1997. The standard agreement with the EVRPD for Inline Skating in Barn W was also presented.Director Hinze commented on the frequency of use and popularity of the sport.It was moved and seconded (Doylen/Hix)the EVRPD Agreement be approved,and it passed unanimously. B.lions Club Concession Stand Agreement.As stated in the Community Development Committee minutes January 2,1997,the Lions Club has requested three revisions to the Agreement:#1 inventory list designating ownership,#2 clarification of ownership when improvements are placed or affixed to the premise,and #3 a reduction in the Town’s rental fee from 15%to 13%.The Committee recommended approval of Items #1 and #2,and denial of Item #3. Les Foiles,President/Lions Club commented that 1,100 volunteer hours were expended at the concession stand,that the Lions hire a manager that receives 13%of the gross to operate the stand,and that profits are basically split between the Lions,Manager and Town,with each receiving one-third±.The Lions Club returns the majority of their profits to the community.President Foiles reviewed fees assessed by Larimer County,Steamboat Springs,and Boulder County.The Town does fund trash and electric expenses, and the Lions pay $75 for gas service for their grill.The Club is nearing completion of the inventory,and they are discussing improving the seating arrangements for their guests.Pursuant to imminent increases in trash and water fees,it was moved and seconded (Doylen/Barker)revisions #1 and #2 be approved,and that revision #3 for the decrease in rent from 15%to 13%be denied,and it passed unanimously. 3.Automatic Meters -Approval of budgeted expenditure.Light &Power Director Matzke reported on the Automatic Meter Reading Program, and stated that the 1997 Budget contains $50,000 to purchase meters with electric and water reading capability,and meters with Board of Trustees -January 14,1997 -Page 3 electric reading capability oniy (staff has confirmed that the budget allocation will purchase 100 meters with both reading capabilities,and 130 electric reading meters only).Reasoning for the difference in meter capabilities is that the Town does not provide water service to all areas.It was moved and seconded (Hix/Baudek)the budgeted expenditure of $50,000 for automatic meters be approved,and it passed unanimously. 4.A.Special Review #96-6,United Valley Bank (formerly Estes Park Bank) Carillon,363 F.Elkhorn Ave.,Estes Park Bank/Applicant.Trustee Hix declared a conflict of interest,and stated he would not participate in discussion or vote,and vacated the room.Mayor Dekker opened the public hearing,and Senior Planner Joseph presented the proposal.The Planning Commission has favorably, though not unanimously,recommended conditional approval:music to last no longer than 3 minutes/playing time,3 times/day at 9:00 a.m.,1:00 p.m.,and 6:00 p.m.,and the applicant is to provide decibel level.Pursuant to precedent concerns,the Applicant conducted a week—long test period which was observed by the Planning Commission.One letter was received,and one resident at the Planning Commission was heard--both in opposition. Those speaking in favor:Sally Anderson,representing United Valley Bank.Approximately six neighbors attended the Planning Commission meeting,all speaking in favor.The decibel level test results will be submitted immediately upon approval by the Town Board.The Applicant’s motivation is to provide a pleasurable experience to all.The general list of songs is old standards/classical favorites.During special seasons,the music may change accordingly. Town Attorney White clarified that the Code contains a 40’off-site sound distance standard in the C—D district,the Town Board can approve an exception to the 40’standard,and reviewed special review criteria.Trustee Baudek commented that the decibel test should be provided prior to Town Board consideration,the “reasonable”standard may be unacceptable.Planner Joseph clarified that when the test was conducted in December,the Applicant set the volume setting that was considered reasonable by the Planning Commission.Ms.Anderson added that should any problems arise,the Applicant is receptive to negotiation. As there were no persons speaking in opposition,Mayor Dekker closed the public hearing.It was moved and seconded (Doylen/Baudek)Special Review #96-6 for the Carillon located at 363 E.Elkhorn Ave.lie approved subject to the volume level being at the minimum setting observed by the Planning Commission during the test period,music duration being no longer than three minutes/occurrence,such occurrence to be three times/day at 9:00 a.m.,1:00 p.m.,and 6:00 p.m.,and that the Applicant submit a decibel level test,and it passed with Trustee Hix Abstaining. Trustee Hix resumed his position on the Board. B.Special Review #96-8,Estes Park Paddlers Ltd.,Big Thompson River, Patrick Hyland/Applicant.Mayor Dekker opened the public hearing, and Planner Joseph presented the proposal for a commercial kayak operation within and outside Town Limits.Staff reviewed the route,which depends on river flow,operation between mid—May through Sept.1st,and proposed river access within C-D and C-O districts.Letters from Blue Spruce Village,Gil and Maxine Culter,and River Spruce Cottages,all opposed have been received. The Planning Commission,though not unanimously,favorably recommended approval with seven conditions,and each condition was reviewed by staff.Attorney White explained the Town Board’s scope of consideration:no governmental authority can regulate kayaks in the rivers;however,the Town does have authority to review this request through the special review process as the Applicant is proposing to utilize Town (public)property to exit the river (river entry is proposed to occur outside Town Limits).If the Board of Trustees -January 14,1997 -Page 4 Applicant was proposing to enter the river outside Town Limits,go through Town,and exit outside Town Limits,the Town Board would have no jurisdiction to control the operation at any time. Those speaking in favor:Patrick Hyland,Applicant,who presented the kayak for viewing.Mr.Hyland explained his proposal (see Planning Commission minutes dated December 17,1996)adding that he kayaked the Big Thompson River once/week all summer long in 1996. His drafted his proposal with safety as his number 1 concern,and the enjoyment of all.The river is a tremendous resource within Town limits.In his opinion,a person can walk across the river even in high flows 85%of the time.The craft is unique as occupants are not trapped inside,they merely sit and paddle.The Rec.District owns similar crafts and they use them with no instruction.The river is public property which can be used for paddling and fishing--everyone has a right to utilize the river. Mr.Hyland is required to have $150,000 and $600,000 in liability insurance,he’ll accompany his customers to control their speed and pace,he also desires to avoid danger and such will be minimized;there will be no impact to trout spawning,he will do all he can to have an enjoyable experience for his customers and those using the river.Concerning the Fire Dept.,his proposal was given to the Dept.November 26th and he was recently notified by Chief Dorman that the Dept.did have certain concerns.Mr.Hyland will make an effort to setup guidelines for high water,medical, etc. Additional favorable comments were heard from:Lisa Bonn,Tim Rische,and Doug Ridley,all of which joined the Applicant last summer during several kayak trips. Opposition comments were heard by:Fire Chief Dorman (safety concerns as they will be called upon in case of accidents,known river dangers and inherent dangers with the sport——this proposal will not be a safe operation.In addition,the Fire Dept.will not be held responsible for determining when the river is safe for travel).Ron Hildebrand,President/Estes Anglers (fishing,safety, aesthetic concerns,negative impact on fishermen,private land owner concerns,potential establishment of a precedent where additional operations could be approved,potential violation to stream beds,some resorts stock the river at their own expense, inner tube participants/congestion,excessive runoff concerns,and creation of an attractive nuisance).Dale Ver Straeten,affected property owner,also speaking on behalf of Bob Fay,Emily Hartsell, and the Robertson Property (this operation would take away the pleasure of river properties,kayakers are noisy,liability concerns and trespass issues).Rebecca Swank/Blue Spruce Village resident,and on the Board of Directors representing 13 families (safety and liability concerns;they stock the bridge area so their residents can enjoy fishing,and the potential entanglement problems with kayaks and interruption with fishing,elk and deer that cross river in front of their home,kayaks are disruptive,and would interfere with the placid view of the river,the Glacier Lodge bridge is not very high,in high water,kayakers could strike it and the blow could be fatal.Her property is fenced and gated and by nature is private,and trespass issues).George Hockman, 1625 Prospect Estates Dr.,member of EVIA Board (EVIA had a number of concerns with the biggest one being safety;they voted unanimously to oppose and request denial based on the fact that the likelihood of serious accidents is too great).Andrew Griffiths, experienced paddler with credentials who,in summary,believes the Applicant has significant liability concerns in light of the lack of training/instruction,potential of accidents with novice clients,and the substantial risk with the Big Thompson River. Industry standards were also discussed.Greg Sievers (has kayaked on the Big Thompson River and has had problems,however,he personally does not want to lose the privilege of kayaking the river).Todd Jirsa (experienced with some commercial kayaking companies,and discussed steepness variation of rivers, particularly the Big Thompson which is evidence why such commercial Board of Trustees -January 14,1997 -Page 5 operations are not occurring on the Big Thompson).Ray Parker/Fire Dept.and Dive Rescue Team (safety concerns,particularly with the youth). Mr.Hyland offered a rebuttal stating in summary that he will follow state guidelines/requirements. Questions and/or comments were heard from the Town Board,and, based upon concerns for public safety,including training levels, Fire Dept.concern that the Dept.could be asked to establish the range of water flows and associated liability,and unsuitability of the Big Thompson River for the proposed use;and also private property concerns for the natural environment;and Planning Commission comments,it was moved and seconded (Baudek/Doylen) Special Review #96-8 Estes Park Paddlers,Ltd.be denied,and it passed unanimously. 5.Lease/Option to Purchase Agreement for Lot 2 of the Birch Resubdivision of Block 1,Birch Addition to the Town of Estes Park, and Block 12 of the Second Amended Plat of the Town of Estes Park; Block 2,Birch Addition to the Town of Estes Park;and Lots 1 and 2,Block 11 of the Town of Estes Park between The Estes Park Willows,Inc.,and the Town.Administrator Klaphake briefed the Trustees on the Agreement with Estes Park Willows,Inc.negotiated pursuant to Town Board direction.Specific parcel ownership was reviewed.The site intersects with the Municipal parking complex, and purchase would enable the Town to have additional parking,a proper entrance width,length,and tie a proposed trail into Bond Park;this site is critical to the Parking Master Plan.In addition,the site has tremendous aquatic life,and storm water holding capacity.Staff also reviewed the financing plan (Larimer County Open Space Fund beginning in 1997 through 2001);revenue projection estimates are conservative.Attorney White reviewed the terms of the lease/option and payment schedule.At any time during the term,the Town can purchase the property by payment of all principal due and interest;the agreement is subject to annual renewal.Following discussion (open space funding relative to the Lake Estes Trail,zoning,opportunity to transfer density, wetlands and floodplain,and confirmation that the current property owners could develop the site for commercial purposes at the current time,it was moved and seconded (Hix/Marshall)the Lease/Option to Purchase Agreement with The Estes Park Willows, Inc.be approved,and it passed unanimously. 6.Town Administrator’s Report: A.None. Vickie O’Connor,Town Clerk H Following completion of all agenda items,Mayor Dekker adjourned the meeting at 10:10 p.m. Robert L.