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Home My WebLink AboutMINUTES Town Board 1993-11-23Town of Estes Park, Larimer County, Colorado, . November ,23 , ., 19. 93. Minutes of a . Regular. . . meeting of the Board of Trustees of the Town of Estee Park, Larimer County, Colorado. Meeting held in the Municipal Building in 23rd Nember P. said Town of Estes Park on the day of ov, A.D. 19. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor Present: Mayor H. B. Dannels Also Present: Trustees: Richard D. Widmer, Ass't. Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk POW/ Absent: Robert L. Dekker, Trustee George J. Hix, Mayor ProTem Gary R. Brown, Susan L. Doylen, Stephen W. Gillette, David Habecker Mayor Dannels called the meeting to order at 7:30 P.M. PUBLIC INPUT. Jim Weber, CSU Grad Student briefed the Trustees on the social work research program which was conducted in Estes Park, and he expressed his appreciation to the community for their cooperation. CONSENT CALENDAR: 1. Town Board minutes dated November 9, 1993. 2. Bills. 3. Committee Minutes: A. Special Events, November 15, 1993. B. Public Safety, November 18, 1993. C. Administrative, November 18, 1993. D. Public Works, November 19, 1993. E. Planning Commission, November 23, 1993 (acknowledgement only). Trustee Hix requested the Public Safety minutes dated November 18, 1993 be withdrawn from the Consent Agenda. It was moved and seconded (Hix/Gillette) the consent calendar be approved, and it passed unanimously. It was moved and seconded (Hix/Brown) the Public Safety Committee minutes be approved with the following amendment: "The Committee is in favor of consideration of the proposed ordinance", in lieu of "The Committee recommended this ordinance be approved as presented", and it passed unanimously. ACTION ITEMS: Pursuant to staff's request, Item #5 was brought forward to Item #1. 1. Ordinance #19-93 Amending Chapter 13.12 - Light and Power Rate Schedules - Adoption. Mayor Dannels opened the public hearing. Light and Power Director Matzke briefed the Trustees on the proposal which will update the Town's retail rates established in 1991 to incorporate PRPA's wholesale rate change. Proposed rate changes are "revenue neutral", and include development of new outdoor area lighting and time of day rates. The purchase power Board of Trustees - November 23, 1993 - Page 2 rider will be zero until the wholesale rate from PRPA changes. Rate Consultant Max Kiburz reviewed methodology utilized to prepare the rate study and subsequent rate classifications. Following discussion, Town Attorney White read the ordinance. The rates will take effect as of the first billing period after December 27, 1993. As there were no persons speaking in opposition, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Brown) the Ordinance be adopted, and it passed unanimously. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 19-93, and published according to law. 2. Public Safety Committee, November 18, 1993: A. Beaver Point Ouick Stop Grocery Parking Agreement. Trustees Habecker and Hix declared a potential "conflict of interest" and stated they would not participate in discussion nor vote. The Committee recommended Town Attorney White prepare an Agreement between Edwin L. Davis, Ahmed Zaina and the Town to alleviate the existing parking hazard at 911 Moraine Avenue. Chief Racine reviewed the Agreement reporting that the Town will incur an expenditure of approximately $600.00 to place six bollards 4' off the traveled portion of the highway, establish a one-way lane off High Drive in which to enter the site, and resurface the existing front area asphalt. CDOT is favorably considering the "no turn on red" sign from Highway 36 onto High Drive. Chief Racine expressed his appreciation to the property owners and Public Works Director Linnane for their efforts toward resolving the traffic hazard. Mr. Davis requested the drawing, as presented, be attached to the Agreement, and confirmed that both he and Mr. Zaina had executed the Agreement. Town Attorney White reviewed the Agreement and it was moved and seconded (Brown/Doylen) the Agreement be approved, and it passed unanimously with Trustees Habecker and Hix Abstaining. B. Underage Alcohol Possession - Ordinance #20-93. Town Attorney White read the proposed ordinance that would make it unlawful for any individual under 21 years of age to obtain alcohol, possess alcohol on public property, and possess and/or consume alcohol anywhere inside Town limits. Chief Racine reported that original support for the ordinance came from P.a.C.K., and that he also supported the ordinance which would provide an additional tool for law enforcement. Among other municipalities, Loveland has adopted the ordinance, and they remain in favor of the ordinance. The ordinance would encompass ages 16 through 21; the juvenile justice system would address those under 16. Trustee Brown noted that the ordinance does the following: youthful offenders will be "brought home" to Municipal Court, and it expresses the Board's concern with alcohol possession for those under 21 years of age. However, Trustee Brown's concerns are that the ordinance be fair to all; if the offender is found guilty the driver's license will be taken which may not fully address the problem; and the offender will also be placed in a "high risk" insurance category. Therefore, Trustee Brown moved the ordinance be referred to the Public Safety Committee in January to consider a broadened, more flexible approach. Trustee Hix seconded the motion. Testimony was heard from the following P.a.C.K. Members: Lois Smith, Gail Albers, Mike Smith and Roger Shippey. Testimony in opposition was heard from student Julie Brown who also presented letters from Erin Moore and Breeyan Sloan. Discussion followed, with Town Attorney White advising the ordinance will not take effect until 30 days after its passage and publication; review could continue on the sentencing provision. The Board of Trustees - November 23, 1993 - Page 3 motion failed by the following votes: Those voting "Yes" Trustee Brown. Those voting "No" Trustees Doylen, Gillette, Habecker and Hix. It was then moved and seconded (Hix/Habecker) the ordinance be approved with the Public Safety Committee providing additional consideration toward sentencing and/or additional penalties, and it passed by the following votes: Those voting "Yes" Trustees Doylen, Gillette, Habecker and Hix. Those voting "No" Trustee Brown. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 20-93 and published according to law. 3. Administrative Committee, November 18, 1993: A. 1994 Budget. Highway User's Trust Fund. Mayor Dannels opened a public hearing to discuss how the Highway Users Trust Fund revenues are proposed to be expended in 1994. Finance Officer Vavra stated estimated revenues are $115,170. Estimated expenditures are $128,000 which include resurfacing overlay, post office box installation, and Fall River erosion control. In the event one or more of the these projects are not constructed or if they are considerably less than budgeted, expenditures for snow plowing, street maintenance or any other expenditure directly related to streets are allowable uses of said trust fund revenues. As there was no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Gillette) expenditures of the Highway's User's Fund be approved, and it passed unanimously. Resolution #26-93 Setting Mill Levy. Finance Officer Vavra presented said resolution establishing the 1994 mill levy of 3.079 mills which is identical to that of 1993. It was moved and seconded (Hix/Habecker) Resolution #26-93 be approved, and it passed unanimously. Resolution #27-93 Adopting Budget. Due to a conflict of interest, Trustee Brown requested the CACEP and Museum budgets be separated, and it was moved and seconded (Brown/Hix) Resolution #27-93 be approved, and it passed unanimously. It was then moved and seconded (Hix/Habecker) the Museum and CACEP budgets be approved, and it passed unanimously with Trustee Brown Abstaining. Resolution #28-93-Appropriating Sums of Money. It was moved and seconded (Habecker/Doylen) Resolution #26-93 be approved, and it passed unanimously. Resolution #29-93 Adopting Expenditure Control Budget Policy. Ass't. Administrator Widmer reviewed and read the above -referenced resolution which establishes an Expenditure Control Budget Policy. The Policy was favorably recommended by the Administrative Committee and will be in effect for two years; however, the policy may be canceled at any time or renewed at the end of the two- year period. It was moved and seconded (Habecker/Gillette) Resolution #29-93 be approved, and it passed unanimously. Resolution #30-93 Establishing Light & Power as Enterprise Fund. Ass't. Administrator Widmer read said resolution and it was moved and seconded (Hix/Brown) Resolution #30-93 be approved, and it passed unanimously. Resolution #31-93 Establishing Water as Enterprise Fund. Ass't. Administrator Widmer read the resolution and it was moved and seconded (Doylen/Habecker) Resolution #31- Board of Trustees - November 23, 1993 - Page 4 93 be approved, and it passed unanimously. B. Resolution #32-93 Establishing 1993 Reserves. Finance Officer Vavra reviewed and read a resolution establishing 1993 Reserves, and it was moved and seconded (Hix/Habecker) Resolution #32-93 be approved, and it passed unanimously. C.D. Pursuant to the TABOR Amendment, it was moved and seconded (Habecker/Gillette) the Elgin Street Sweeper and Heron Agreements be continued for 1994, and it passed unanimously. 4. Public Works Committee, November 19, 1993: A. Bike Path Extension - Approval of Funding. Public Works Director Linnane reported that the Committee recommended approval of a bike path extension from Matthew Circle to the Elementary School, approximately 500' in length. Funding will be provided by remaining funds ($8,700) in the Capital Improvements Fund. It was moved and seconded (Brown/Habecker) funding for the Bike Path Extension be approved, and it passed unanimously. 5. Amended Plat of Lot 27 and a Portion of Lot 28, Little Prospect Mountain Addition, John Gibbs/Applicant. Mayor Dannels opened the public hearing to consider the proposed subdivision. Community Development Director Stamey reviewed the proposal to move the internal lot line between Lots 1 and 2 to the north, thereby allowing the flexibility to add onto the existing structure on Lot 1. All Planning Commission conditions have been met. There being no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Doylen) the Amended Plat of Lot 27 and a Portion of Lot 28, Little Prospect Mountain Addition be approved, and it passed unanimously. Mayor Dannels noted that due to the holiday season, the Town Board meeting December 28, 1993 has been canceled, therefore, only one meeting will be conducted - December 14, 1993. There being no further business, Mayor Dannels adjourned the meeting at 9:46 P.M. . .. ... . Town Clerk