Loading...
HomeMy WebLinkAboutMINUTES Town Board 1983-09-27avittu Df ears park, Lorimer County, Colorado, September 27 1983 Minutes of a meeting of the Board of Trustees of the Town of Estes Pork, Lorimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 27th day of September hour. Meeting called to order by Mayor...lic .r.K'1r B• , A. D. 19 83 at regular meeting Tregent Present: Mayor Harry B. Tregenf'rustees: H. Bernerd Dannels, Byron L. Graves, George J. Hix, Also Present: Administrator Hill Margaret Houston, Robert Attorney White E. Wagner, Richard A. Wood Absent: Minutes of the regular meeting September 13, 1983, were approved. Mr. Nicky Kane of Nicky's Restaurant appeared before the Board of Trustees to appeal Section 9.102.090 of the Municipal Code regarding burglar alarm disconnect. In a letter dated September 2, 1983, Town Administrator Hill informed Mr. Kane of the Town's intent to discontinue the burglar alarm system for the rest of 1983 as a result of seven false alarms during 1983, (Section 9.102.090 (a)(4). Mr. Hill also informed Mr. Kane of his right to appeal to the Board of Trustees. In a letter dated September 18, 1983, Mr. Kane explained that they had been experiencing a number of problems with the alarm system. Mr. Kane appeared to request that the alarm system not be discontinued and asked that the false alarms not be held against him. Police Sargeant Walt Kappely reported that a total of 11 alarms had been turned in, seven of which the Police Department deemed owner's fault. A lengthy discussion followed. Trustee H. Bernerd Dannels moved the appeal be denied. Trustee Byron L. Graves seconded the motion and it passed by the following votes: Those voting "Yes" Trustee H. Bernerd Dannels, Byron L. Graves, Trustee George J. Hix, Margaret Houston and Richard Wood. Those voting "No" Trustee Robert E. Wagner. Trustee Robert E. Wagner, Chairman of the Water Committee, read the minutes of a meeting held September 15, 1983, and moved the minutes be approved. Trustee George J. Hix seconded the motion and it passed unanimously. Trustee H. Bernerd Dannels introduced the following resolution and moved it be passed and adopted: RESOLUTI ON 39-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor and Clerk are hereby authorized and directed to sign the water line agreement with Munchiando Construction Company at a cost of $69,910.00 for a new 8" line from Everett Lumber across the river to the intersection of Highway 66 and Eagle Cliff Road; and a new 6" line from Beaver Point to VerStraeten Road. Trustee Robert Wagner seconded the motion and it passed unanimously. Trustee Margaret Houston introduced the following resolution and moved it be passed and adopted: RESOLUTION 40-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor and Clerk are hereby authorized and directed to sign the Eagle Cliff Road/Water Line Agreements. Trustee George Hix seconded the motion and it passed unanimously. Board of Trustees - September 27, 1983 - Page 2 Trustee H. Bernerd Dannels, Chairman of the Public Works Committee, read the minutes of a meeting held September 15, 1983, and moved the minutes be approved. Trustee Margaret Houston seconded the motion and it passed unanimously. Trustee Robert Wagner introduced the following resolution and moved it be passed and adopted: RESOLUTI ON 41-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor and Clerk are hereby authorized and directed to sign the street improvements contract with Coulson Excavating at a cost of $122,890.75. Trustee George Hix seconded the motion and it passed unanimously. Trustee Margaret Houston introduced the following resolution and moved it be passed and adopted: RESOLUTION 42-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor and Clerk are hereby authorized and directed to sign the contract for design of Riverfront Park with The Landplan Design Group at a cost of $30,000.00. Trustee Richard Wood seconded the motion and it passed unanimously. Trustee Richard A. Wood, Chairman of the Code and Sanitation Committee, read the minutes of a meeting held September 22, 1983, and moved the minutes be approved. Trustee George Hix seconded the motion and it passed unanimously. Trustee George J. Hix, Chairman of the Advertising and Public Relations Committee, read the minutes of a meeting held September 26, 1983, and moved the minutes be approved. Trustee H. Bernerd Dannels seconded the motion and it passed unanimously. The Board of Trustees read the minutes of the Planning Commission meeting held on September 20, 1983. Mayor Harry B. Tregent conducted a public hearing regarding the petition to rezone from R-2 to R-1 Lots 1-11 and a portion of Lot 13, Mocassin Addition; Lots 1 and 2, Cyteworth Resubdivision; and Lots 21-25 Riverside Subdivision. Mr. Rick Zier, Attorney representing Mr. and Mrs. Frank Gunter, presented his case in favor of the rezoning. Mr. Zier presented a map of the area showing those people in favor of the rezoning and requested that it be marked "Exhibit 1". Zier also included a history of the property and requested that it be marked "Exhibit 2". Mr. Zier's case was based on the fact that the access road to the property is individually owned, with a recorded revocation of public access; the extreme slope of the property would make it impractical for multiple -family development because of drainage problems, fire hazards, traffic problems, and the scarring of the hillside which would result. Mr. Zier stated that he felt the property had been mistakenly zoned and requested that the Trustees consider the Comprehensive Plan with regard to the slope of the property and the suitability of the land for multiple family development. Others speaking in favor of the rezoning: Mr. Frank Gunter, Julia Spencer and DeEstaing R. Newton. Mr. Rod Hallberg, representing Ralph Greb, Jack Irwin and Jack Callaway, spoke in opposition to the rezoning. Mr. Hallberg called on Mr. Callaway, a developer and a property owner in the area proposed for rezoning, who stated that the slope of the property does not make it undevelopable. Mr. Callaway stated that he is in the process of developing this land and he and his partners have spent approximately $200,000.00 on the plans, land costs, etc. Mr. Hallberg then called Mr. Don Dier, engineer with Rocky Mountain Board of Trustees - September 27, 1983 - Page 3 Consultants, who stated that the subdivision project will be engineered for roads, drainage, etc. Mr. Hallberg stated that what the property owners he represents want to do has been legal for a number of years under the present zoning. Mr. Hallberg stated that any petitioner wishing to rezone property has to prove there was a material change in circumstances since the zoning was enacted, and in this case, the land is still the same and the surrounding area has not changed. Mr. Hallberg submitted a statement of land expenses and other documents which were marked Opponents "Exhibit A". Mr. Zier presented rebuttal evidence and submitted the "Revocation of Offer of Dedication of Public Easement" (to be returned within a reasonable time). Mr. Hallberg then presented his rebuttal. The following Correspondence was received: George Hautzinger (for rezoning) 9/23/83 D. R. Newton (for rezoning) 9/21/83 A lengthy discussion and question and answer period followed. A tape of the proceedings are available upon request. Trustee H. Bernerd Dannels moved the rezoning petition be denied. Trustee Richard A. Wood seconded the motion and it passed by the following votes: Those voting "Yes" H. Bernerd Dannels, Margaret Houston, Robert Wagner, Richard Wood. Those voting "No" Trustees Byron L. Graves and George Hix. Mayor Harry B. Tregent excused himself from conducting the public hearing on Mount View Park Addition due to a conflict of interest. Mayor Pro-Tem H. Bernerd Dannels conducted a public hearing regarding the petition to rezone from R-2 to R all the lots in Mount View Park Addition. Mr. Cliff Scofield, representing the petitioners, spoke in favor of the rezoning and presented a petition and a map requesting the rezoning exclude the frontage property along Devils Gulch Road, i.e., Lots 1, 4 and /or 5, or portions thereof owned by Salmon (Black Canyon), Whiteside, Chester and Thomas. Others speaking in favor of the rezoning: Lou Canaiy, representing Lester Beery and Steven Canaiy, Gary McCracken, Mike Johnson and Jody Magnuson. Those speaking in opposition to the rezoning: Odis Whiteside, Janet Romer, Ed Boyd, representing himself and Geraldine Boyd, Irene Thomas, and Alan Clauson. The following correspondence was received: Karen Johnson (for rezoning) 9/26/83 Harry and Janet Romer (against rezoning) . . 9/26/83 Charles and Irene Thomas (against rezoning) . 9/26/83 Opal and Otis Whiteside (against rezoning) . 9/27/83 Mayor Pro-Tem Dannels declared the hearing closed. Member Richard A. Wood moved the rezoning petition be denied. Trustee Robert E. Wagner seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" Byron L. Graves. Mr. Tom Brown, representing B-L Partnership, presented Site Development Plan No. 5 - Fairway Condominiums Phase II, for the construction of 40 condominium units on a portion of Lots 5 and 6, South Saint Vrain Addition. Mr. Brown stated that all the conditions placed on the Plat by the Planning Commission had been met with the exception of Number 3 - Town Attorney's review of the agreements between B-L Partnership and Fairway Condominium Association. Mr. Robert Wagner moved that Site Development Plan No. 5 be approved subject to the Town Attorney's review of the agreements between B-L Partnership and Fairway Condominium Association prior to the first building permit for this project in regard to access and road maintenance. Trustee H. Bernerd Dannels seconded the motion and it passed unanimously. Mr. Roger Thorp, representing the Karver Group, presented Site Development Plan No. 6 - Ridgewood at Lone Pine Acres, for the construction of two four-plexes on Lot 4, Block 3, Lone Pine Acres. Mr. Thorp stated that all the conditions placed on the plat by the Planning Commission had been met. Trustee George J. Hix moved that Site Development Plan No. 6 be approved. Trustee Richard A. Wood seconded the motion and it passed unanimously. Board of Trustees - September 27, 1983 - Page 4 Trustee Robert E. Wagner, Chairman of the Board of Adjustment, read the minutes of a meeting held September 21, 1983. Attorney Greg White and Light and Power Director Bob Dekker explained the Intergovernmental Agreement with Larimer County regarding the Estes Park Cable TV system. The Town would be the supervising agent of the County with regard to the cable TV system outside Town limits but within the certificated electric service area of the Light and Power Department. Trustee Margaret Houston introduced the following resolution and moved it be passed and adopted: RESOLUTION 43-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor and Clerk are hereby authorized and directed to sign the Intergovernmental Agreement with Larimer County regarding the Cable TV system. Trustee Richard Wood seconded the motion and it passed unanimously. Trustee Margaret Houston introduced the following entitled ordinance and moved the ordinance be passed and adopted on first and final reading: AN ORDINANCE AMENDING SECTIONS 13.08.040 B.3, 13.08.050 A.3 AND 13.08.060 A OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, RELATING TO BILLING PROCEDURES AND DISCON- CONTINUANCE OF SERVICE BY THE LIGHT AND POWER DEPARTMENT OF THE TOWN OF ESTES PARK, COLORADO. Trustee George J. Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees H. Bernerd Dannels, Byron L. Graves, George J. Hix, Margaret Houston, Robert E. Wagner, and Richard A. Wood. Those voting "No" none. Whereupon Mayor Tregent declared said ordinance duly passed and adopted and ordered it numbered 13-83 and published according to law. Trustee Richard Wood introduced the following resolution and moved it be passed and adopted: RESOLUTION 44-83 WHEREAS, The Board of Trustees of the Town of Estes Park has, at a regular meeting duly convened on September 27, 1983, considered a clarification of Light and Power Department ("Department") rules permitting the transfer of delinquent billing accounts of the same customer from one location to another location within the Department's service area; and WHEREAS, it is recognized that under recently enacted statutes the Board of Trustees of the Town of Estes Park (hereinafter referred to as "Board") currently exercises exclusive jurisdiction over electric services provided to consumers outside the corporate limits of the Town so long as such rules for service do not vary from those applied to consumers within the corporate limits of the Town; and Board of Trustees - September 27, 1983 - Page 5. WHEREAS, the referenced clarification in the Department's rules will apply identically to consumers located within and outside the boundaries of the Town; and WHEREAS, the Board will adopt an appropriate ordinance implementing the referenced clarification in Department rules. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, as follows: 1. That the above recitals are incorporated by reference in this resolution. 2. That the rules of the Light and Power Department shall be clarified to permit the transfer of delinquent billing accounts of the same customer from one locati6n to another location within the Department's service area. 3. That good cause has been shown under C.R.S. 1973, § 40-3.5-104(3) for this rule change inasmuch as it reflects a clarification of billing procedures, it will not be applied retrospectively, and will be published in ordinance form in a newspaper of general circulation within the Department's service area. 4. That the proposed rule clarification shall take effect and be in force as of the effective date of an ordinance to be duly adopted by the Board of Trustees, and shall be published pursuant to statutory ordinance procedure. Trustee Margaret Houston seconded the motion and it passed unanimously. Trustee Richard Wood moved the liquor license renewals for Wine Cellar Liquors, Lonigan's and the Villager be approved. Trustee Robert Wagner seconded the motion and it passed unanimously. Town Administrator Hill explained that as a result of recent federal regulations, a decision was made to more directly involve employers in the administration of the ICMA deferred compensation plan for 4unicipal employees. The ICMA has provided the Town with a resolution Mich adopts the revision, as well as a Declaration of Trust for the ICMA Retirement Trust and certain minor amendments to the current trust agreement. Trustee Robert Wagner introduced the following resolution and moved it be passed and adopted: Board of Trustees — September 27, 1983 — Page 6 RESOLUTION 45-83 RESOLUTION OF TOWN OF ESTES PARK ("Employer"). WHEREAS, the Employer maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation (the "Administrator"); and WHEREAS, the Administrator has recommended changes in the plan document to comply with recent federal legislation and Internal Revenue Service Regulations governing said plans; and WHEREAS, the Internal Revenue Service has issued a private letter ruling approving said plan document as complying with Section 457 of the Internal Revenue Code; and WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred compensation plans; and WHEREAS, said Trust is a salutary development which further advances the quality of administration for plans administered by the ICMA Retirement Corporation: NOW THEREFORE BE IT RESOLVED that the Employer hereby adopts the deferred compensation plan, attached hereto as Appendix A, as an amendment and restatement of its present deferred compensation plan administered by the ICMA Retirement Corporation, which shall continue to act as Administrator of said plan; and BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B; and BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agreement with the ICMA Retirement Corporation, as appears at Appendix C hereto, as an amendment and restatement of its existing trust agreement with the ICMA Retirement Corporation, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable; and BE IT FURTHER RESOLVED that the Town Administrator (use titre of official, not name) shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. Trustee George Hix seconded the motion and it passed unanimously. Town Administrator Hill stated that there was an error on the original appointments of the Urban Renewal Authority Commissioners and stated that the Board of Trustees should, by resolution, reappoint the Commissioners. Trustee Richard Wood introduced the following resolution and moved it be passed and adopted: RESOLUTION 46-83 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Mayor be authorized to sign the Certificate of Correction for the appointment of the Estes Park Urban Renewal Authority - as follows: CERTIFICATE TO THE CLERK OF THE TOWN OF ESTES PARK, COLORADO: BE IT KNOWN that the Board of Trustees of the Town of Estes Park is appointed as the Estes Park Urban Renewal Authority, and Harry B. Tregent is appointed Chairman of the Authority. The appointment of the Authority and the designation of the Chairman were approved by the Board of Trustees of Estes Park on the 14th day of September, 1982. The members of the Board shall serve as the Commissioners of the Authority for the following terms: Board of Trustees - September 27, 1983 - Page 7' Commissioner 1. Harry B. Tregent 2. H. Bernerd Daniels 3. George J. Hix 4. Margaret Houston 5. Robert E. Wagner 6. Richard A. Wood 7. Byron L. Graves Term Expires 9-14-83 9-14-83 9-14-84 9-14-84 9-14-85 9-14-86 9-14-87 This Certificate is a correction of the Certificate filed with the Town Clerk on September 14 , 1982, and is effective the 14th day of September, 1982 CERTIFICATE TO THE CLERK OF THE TOWN OF ESTES PARK, COLORADO: BE IT KNOWN that the following have been appointed and approved by the Board of Trustees of the Town of Estes Park as Commissioners of the Estes Park Urban Renewal Authority to succeed the previous Commissioners of the Urban Renewal Authority and fill their unexpired terms: Commissioner 1. Charles Phares 2. Larry Helmich 3. Donald Pauley 4. Edward B. Pohl 5. Dale G. Hill 6. Anne K. Moss 7. Arthur L. Anderson Replacing Term Expires George J. Hix Harry B. Tregent Margaret Houston H. Bernerd Daniels Robert E. Wagner Richard A. Wood Byron L. Graves 9-14-84 9-14-83 9-14-84 9-14-83 9-14-85 9-14-86 9-14-87 This Certificate is a correction of the Certificate filed with the Town Clerk on June 29, 1983, and is effective the 29th day of June, 1983. Trustee Margaret Houston seconded the motion and it passed unanimously. Trustee George Hix moved Mayor Tregent appoint Mrs. Marsha Williams the Estes Park Chairperson for this year's United Nations Day on October 24, 1983. Trustee Margaret Houston seconded the motion and it passed unaimously. Trustee George Hix moved the Mayor appoint John M. Carmack to the Estes Park Planning Commission to fill the unexpired term of Craig Meusel. The term expires April, 1988. Trustee Robert Wagner seconded the motion and it passed unanimously. Town Administrator Dale Hill explained that Platte River Power Authority had some concerns regarding the Federal Power allocations. WAPA's post 1989 marketing criteria could reduce power allotments. The resolution to be adopted by the Town discusses the Town's concerns regarding this possibility. Trustee Richard Wood introduced the following resolution and moved it be passed and adopted: RESOLUTI ON 47-83 WHEREAS, THE TOWN OF ESTES PARK, COLORADO, (the "Town") has, in cooperation with the cities of Fort Collins, Longmont and Loveland, created the Platte River Power Authority ("Platte River") for the purpose of providing electric power and energy to the four municipalities at the lowest cost possible; and Board of Trustees - September 27, 1983 - Page 8 WHEREAS, Platte River has acquired the allocations of Federal hydroelectric power previously held by each of the municipalities and is now the all -requirements provider of capacity and energy to Estes Park; and WHEREAS, the continued purchase of capacity and energy by Platte River from the Federal Government as a preference customer under Reclamation law is a cornerstone of the financial integrity of Platte River's bonds and Platte River's ability to supply power at the lowest possible cost; and WHEREAS, Estes Park is fully informed, as part owner and as a wholesale customer of Platte River, as to the benefits of Federal power and will continue, as it has in the past, to make the highest and best use of that resource; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES, OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: (1) Estes Park strongly supports the Western Area Power Administration's plan to allocate Federal hydroelectric resources to preference customers under Reclamation law. (2) Estes Park strongly recommends that each preference customer currently receiving capacity and energy from Western Area Power Administration should continue to receive the same allocation of capacity and energy in the Post-1989 Marketing Plans. (3) Estes Park is opposed to any concept of reallocating of Federal capacity and energy directly to it and thereby bypassing its instrumentality, the Platte River Power Authority. Such bypassed allocation would represent a significant loss to the financial base of Platte River and would damage Platte River's future bond ratings and ability to obtain borrowed capital at a reasonable cost. (4) Estes Park further strongly objects to the imposition of additional eligibility requirements on any existing preference customers, especially (i) when the proposed requirement is uncertain as to meaning and feasibility of practical application and (ii) when the proposed determination as to compliance is reserved solely to the judgement of Western Area's Administrator. Trustee Margaret Houston seconded the motion and it passed unanimously. There being no further business, the meeting adjourned.