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HomeMy WebLinkAboutMINUTES Town Board 1987-05-26Zothat (_4.stes Minutes of a Larimer County, Colorado, regular May 26 , 1987 meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the ...26th.... day of Maar , A. D. 19.13.7 at regular meeting hour. Meeting called to order by Mayor H. Bernerd Dannels Present Mayor H. B. Dannels Trustees: Also Present: Absent: Dale G. Hill, Town Administrator Gregory A. White, Town Attorney David Habecker Norbert L. Aldrich, David Barker, Mark T. Brown, Milan A. Dickinson, George J. Hix Minutes of the meeting held May 12, 1987 were submitted and approved. Trustee Barker moved the bills, as presented, be allowed and paid and that the Clerk be authorized to draw warrants for same. (A certified copy of the bills presented and allowed are on file in the Finance Office under this date, and made a part of the record of these proceedings by reference thereto). Trustee Hix seconded the motion and it passed unanimously. Minutes of the Planning Commission meeting held May 19, 1987 were submitted. Trustee Brown moved a "Not -to -Exceed" Contract in the amount of $10,400.00 to retain the consulting services of Herr and Associates to revise the Subdivision Regulations be approved. Trustee Barker seconded the motion and it passed unanimously. Minutes of the Board of Adjustment meeting held May 21, 1987 were read. Mayor Dannels declared a public hearing in compliance with House Bill 1283, C.R.S. Sections 40-3.5-101 to 107 for the purpose of considering the Light and Power Department's proposal for in- creased rates. Testimony was heared from the following: Light and Power Director Dekker. Director Dekker stated the Town of Estes Park contains 285 square miles of "certificat- ed area", serving approximately 6,450 residential and commercial consumers. Area growth has decreased while maintenance has increased. Three (3) protest letters were received: 2 from consumers located outside Town Limits, and one from a consumer located inside Town Limits. Attorney Peter Nadell. Mr. Nadell, representing the law firm of Gorsuch, Kirgis etal, stated the Town was no longer under P.U.C.'s jurisdiction due to House Bill 1283. The Board of Trustees are now charged with the responsibility of regulating rates. State Statute regulations had been satisfied with regard to notice: a "public notice" was published in the newspaper, "notice of proposed increase" was mailed to all electric customers of the Town, and tariff sheets and rate books were available for public inspection at least 30 days prior to the public hearing. Stuart Jordan. Mr. Jordan, representing R. W. Beck and Associates, summarized supporting exhibits which his firm had prepared for the proposed electric system rate increase. 1986 was used for the "test year" and the Statement of Revenues and Expenses indicated that a 6.8% rate increase was necessary to make the system serving consumers located outside Town Limits "break even." Board of Trustees - May 26, 1987 - Page two Louis O'Riordan. Mr. O'Riordan stated inside consumers were in effect subsidizing consumers residing outside Town Limits. Mr. O'Riordan questioned new rural development and suggested a two-tier rate schedule be adopted, with higher rates being assessed to all rural customers. In rebuttal, Director Dekker stated the Town was not allowed to gain revenues on rural consumers and an attempt had been made by the Town since 1945 to maintain identical rates for customers residing inside and outside Town Limits. Mr. Jordan stated urban consumers would not be subsidizing rural consumers: the rural system would "break even" - the urban system would produce revenues. Penny Suka appeared before the Board and expressed her appreciation in courtesies displayed when she inquired as to the proposed rate increase. Trustee Barker questioned increased cost to service rural devel- opments. Director Dekker advised such customers execute an "extension agreement" whereby the customer pays all costs in- volved in electric -line extensions. Based upon the statements and presentations made, and the exhib- its submitted, the Board makes the following findings of fact and conclusions with regard to the Department's proposals, 1. Notice to the public of the proposed rate increase, and of the public hearing thereon, was duly given in compliance with the requirements of C.R.S. § 40-3.5-104 (1973, as amended), otherwise known as "House Bill 1283." 2. A public hearing was held by the Estes Park Board of Trustees on May 26, 1987, as is required under C.R.S. § 40-3.5-104 (1973, as amended). 3. The Town's present electric rates do not adequately permit recovery of the Town's cost of service from the Town's electric customers. The rates proposed by the Department will allow the accurate, efficient and timely recovery of the cost of service. The Depart- ment's 6.81% uniform across-the-board allocation of revenues to each class of service is found to be just, reasonable and is adopted. 4. Inclusion in the base rates of the energy cost present- ly contained in the purchase power rider will permit recovery of all wholesale power costs and will avoid unnecessary administrative cost. 5. The proposed rates are necessary to ensure the con- tinued reliable, stable, viable and efficient operation of the Town's electric utility system. 6. The proposed rates are just and reasonable in light of the Town's present and anticipated needs. 7. The proposed rates are to be uniformly applied to all customers within the Residential, Residential Demand, Residential Heat Storage, General Service Small, General Service Large, and Municipal classes of ser- vice, without regard to whether they are located inside or outside the Town Limits. The proposed rates are non-discriminatory to any customer or class of custom- ers. 8. The Board members present have voted unanimously to adopt and grant the proposed rate increase, as con- tained in Exhibit Nos. 1-6. 9. The rate increase is necessary immediately in order to prevent erosion of the Department's revenues, and to ensure the continued dependability and solvency of the Board of Trustees - May 26, 1987 - Page three electric system. As proposed, the new electric rates should be effective with the first billing period commencing on or after June 1, 1987. 10. In light of the above findings, the Estes Park Board of Trustees concludes that the proposed rates, as shown on Exhibit No. 1 (tariff sheets), should be, and hereby are, granted. Trustee Brown moved that the above finds be approved. Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Dickinson and Hix. Those voting "No" none. The Board of Trustees hereby authorizes and ORDERS adoption by Ordinance of the rates proposed by the Light and Power Department, to be effective immediately. Attorney Nadell stated he will prepare and submit a revised "written order." Whereupon Mayor Dannels declared said public hearing closed. Trustee Brown introduced, and Town Attorney White summarized, the following Ordinance and moved it be passed and adopted: AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, RELATING TO NEW LIGHT AND POWER RATE SCHEDULES CONTAINING CONDITIONS OF SERVICE AND CHARGES FOR ELECTRIC POWER AND ENERGY BY THE LIGHT AND POWER DEPARTMENT OF THE TOWN OF ESTES PARK, COLORADO Trustee Hix seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Brown, Dickinson and Hix. Those voting "No" none. Whereupon Mayor Dannels declared said Ordinance duly passed and adopted and ordered it numbered 11-87 and published according to law. Trustee Aldrich moved the Hotel and Restaurant Liquor License Renewal submitted by Snowdance Properties, Inc., dba Friar's Restaurant, including extended hours be approved. Trustee Hix seconded the motion and it passed unanimously. Trustee Hix moved the Mayor be authorized to execute (1) an Agreement for the "Rodeo of the Rockies" event June 13, 14 and September 4 and 5, 1987 between the partnership of Rocky C. DeSanti and Grant Ritchey and the Town of Estes Park; and (2) an Agreement between the Rocky Mountain Miniature Horse Show and the Town of Estes Park for an event June 17 - 21, 1987. Trustee Barker seconded the motion and it passed unanimously. Trustee Aldrich introduced, and Town Attorney White summarized, the following Resolution and moved it be passed and adopted: R E S O L U T I ON 8-87 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107 (1) (g), C.R.S. 1973, hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12-107 (1), C.R.S. 1973. The Board of Trustees further finds and determines that the Petition is signed by persons comprising more than fifty (50%) percent of the land- owners in the area proposed to be annexed and owning more than fifty (50%) percent of the area, excluding public streets, and alleys and any land owned by the annexing municipality. Such area, if annexed, will be known as "MOCCASIN SADDLE ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: Board of Trustees - May 26, 1987 - Page four MOCCASIN SADDLE ADDITION to the Town of Estes Park, Colorado, being a portion of the NE i of the SE i of Section 25, Township 5 North, Range 73 West of the 6th P.M., being more particularly described as follows: Commencing at the East corner of Section 25, T5N, R73W of the 6th P.M., as monumented by a metal cap #6499 inside an iron pipe, and consider- ing the north line of the NE i of the SEi of said Section 25 to bear N89°43'00"W with all bearings herein relative thereto; thence N89°43'52"W 922.11' to the NW corner of the Hospital Addition to the Town of Estes Park, as monumented by a pin with plastic cap #6499 and the TRUE POINT OF BEGINNING; thence along the boundary of said Hospital Addition the following four (4) courses: SOO°02113"W 439.71'; thence S89°57'40"E 246.67'; thence N75°46'48"E 212.71'; thence S03°10'38"E 250.59' to a point on the north line of a 15' wide private road easement as recorded in Book 1700 at Page 589 of the Larimer County Records, being monumented by a pin with plastic cap #9485; thence along said north line S53°17'44"W 51.68'; thence S82°22'09"W 85.21' to the NE corner of a 15' wide strip dedicated as a public road on the recorded plat of Cumorrah Subdivision; thence SOO°14101"W 15.14' along the East boundary of said subdivision to the south right-of-way of said public road; thence along said south right-of-way of the NEi of the SE i of said Section 25; thence along said west line NOO°01132"W 760.10' to the NW corner of said NE i of the SE i as monumented by a pin with metal cap #532; thence S89°41'00"E 395.70' to the TRUE POINT OF BEGINNING; described parcel contains 9.80 acres. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S. 1973, a public hearing shall be held on July 14, 1987, at 7:30 P.M., in the Munici- pal Building, located at 170 MacGregor Avenue, Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Section 31-12-104 and 31-12-105, C.R.S., 1973. IT IS FURTHER RESOLVED, that the plat of Moccasin Saddle Addition be referred to the Planning Commission to begin the necessary procedures to make the property subject to the zoning ordinances of the Town. Trustee Hix seconded the motion and it passed unanimously. Following completion of all agenda items, comments were heard from Louis O'Riordan concerning selection of the Chief of Police; Light and Power Director Dekker, who advised of the effective date of the electric rate increase; and Trustee Brown regarding appointment of a task force to establish strategic planning. Trustee Brown stated such consideration would be pursued during an upcoming "retreat" of the Board of Trustees. There being no further business, the meeting adjourned to Execu- tive Session. Mayor 4-e%Aci•-• 657-gc9x,ica.1) . ..... . • • ..... Town Clerk