HomeMy WebLinkAboutMINUTES Town Board 1996-02-13Town of Estes Park,Larimer County,Colorado,ejrury
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Minutes of a .Regu.lar...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 .
.day of Fe1?r1ary,A.D.,19.
at regular meeting hour.
H.Bernerd Dannels
Meeting called to order by Mayor
Present:Mayor H.B.Dannels Trustees:
Gary F.Kiaphake,
Town Administrator
Also Present:Roger Clark,
Attorney
Vickie O’Connor,
Town Clerk
Absent:
Absent:
Robert L.Dekker,Mayor ProTein
Susan L.Doylen,
Stephen W.Gillette,
William I.Marshall,
Michael E.Miller,
I.Donald Pauley
Mayor Dannels called the meeting to order at 7:32 P.M.and
presented a Certificate and Plaque of Achievement for Excellence in
Financial Reporting to Finance Officer Vavra and Steve Jackson,
CPA.This is the Town’s ninth consecutive award.
Mayor Dannels introduced Roger Clark who was representing Town
Attorney Greg White.
PUBLIC INPUT.
Al Wasson/Rotary Club,invited everyone to attend Duck Fest ‘96.
Last year,the Duck Fest was an all time record setting event with
the participation of the business community,2,902 ducks,and
$58,040 distributed to charities which relates to a distribution
rate of 100%.This year,48 organizations will be selling tickets,
and Mr.Wasson announced an inaugural event called the “waddle—off”
which will be held at the Holiday Inn March 4 from 4:30-6:30 P.M.
The event will feature music,refreshments,games,and merchandise,
and organizations will pick-up and start selling tickets.All were
urged to attend Duck Fest ‘96.
CONSENT CALENDAR:
1.Town Board minutes dated January 23,1996.
2.Bills
3.Committee Minutes:
A.Public Works,January 25,1996.
B.Community Development,February 1,1996.
C.Light &Power,February 8,1996.
D.Special Planning Commission,February
(acknowledgement only.
6,1996
4.Set public hearing for March 12,1996 to consider adoption of
the Model Traffic Code,1995 Edition.
5.Set public hearing for April 9,1996 to consider adoption of
the National Electric Code,1996 Edition.
6.Set public hearing for April 23,1996 to consider amendment to
Year—Round Time of Day Electric Rate.
Administrator Kiaphake reported Item 3.C.must be voted on
Board of Trustees -February 13,1996 -Page 2
separately,and it was moved and seconded (Gillette/Doylen)that
with the exception of Item 3.C.,the consent calendar be approved,
and it passed unanimously.
Clerk O’Connor read an amended version of the Light &Power minutes
dated February 8,1996 -ETS Lease Purchase Program.The minutes
will be amended to read:“Director Matzke also requested that a
one point interest rate be added to the Town’s average return on
investment to offset the cost of administering the program.
Following discussion,it was concluded that the additional point
should not be charged to the customer,as this financing is offered
to encourage energy—efficient behavioral changes by the customers.
The Committee recommends the ETS Lease Purchase Program be modified
to allow financing up to $5,000 per customer at the Town’s average
return on investment for the purchase of electric thermal storage
heaters.”It was moved and seconded (Pauley/Marshall)the Light
and Power Committee minutes be approved as amended above,and it
passed unanimously.
ACTION ITEMS:
1.Authorize 1996 Budget Expenditures:Public Works Director
Linnane reported that the Public Works Committee favorably
recommended the following expenditures:
A.Crack Seal Equipment -$25,790.00 —this is a “sole
source”purchase from MacDonald Equipment;the equipment
is three times faster than the current system;and
provides a flush—free reversible system,heated,with no
propane or open flame,and one—hour heat-up time.
B.Spruce Drive Bridge Rehabilitation -$15,497.00 -this
bridge rehabilitation project is an 80/20 split with
CDOT.The total project is $77,485.00,of which $62,000
will be reimbursed by CDOT.$11,500 will be expended
from the 1995 Budget,$4,500 of which will be expended
from the 1996 Budget.Funds were not encumbered in the
1996 Budget,thus this expenditure may constitute a
budget amendment in 1996.
C.1996 Water Line Projects Design -$73,548.00 —Director
Linnane reviewed RNC’s scope of services for the 1996
Water Line Projects.The Highway 34 portion of the
project includes a reimbursement from CDOT for work
associated with the widening of Highway 34.CDOT’s
portion is approximately $26,030.
D.Holding Green House -$25,000.00 -this budgeted item
will enable the Parks Dept.to purchase plants and hold
them as inventory and/or until they are planted.The
Town will acts as the general contractor and $7,000 will
be expended for preparation costs,and $18,000 for the
actual lexan—covered frame structure.Staff is
anticipating a completion date of April 15,and the
structure will be located just south of the Estes Park
Sanitation Plant.The Committee recommended a not—to—
exceed price of $25,000.
It was moved and seconded (Doylen/Gillette)Items A through D
be approved,and it passed unanimously.
2.Standard Horse Show Contracts —Approval:Director Hinze
reviewed the standard horse show contracts for the Colorado
Hunter Jumper Association,July 24-28 and July 31-August 4,
and the Colorful Colorado Shows (Quarter Horse Show),June 14—
16.It was moved and seconded (Doylen/Marshall)the Contracts
as identified above,be approved,and it passed unanimously:
Board of Trustees -February 13,1996 -Page 3
3.Replace Two Meter Department Vehicles -Approval:Director
Matzke reported that two Meter Dept.vehicles will be replaced
and funding ($33,000)was appropriated in the 1996 Budget.
The low bidder was Rains Motor Co.with $32,555.66 which
includes a trade—in.The Jeep Cherokee will be sold to the
Fire Dept.It was moved and seconded (Pauley/Miller)the low
bid in the amount of $32,555.66 for a Jeep Wrangler and
Cherokee submitted by Rains Motor Co.be accepted,to include
the trade—in and sale as mentioned above,and it passed
unanimously.
4.Park Entrance Estates Special Improvement District #95-1:
Public Works Director Linnane reported that three bidders
submitted bids for water and road improvements for the Park
Entrance Estates S.I.D.#95-1:Connell Resources $266,896.05,
G.L.Hoff $361,999.85,and Kitchen &Co.$312,114.66.Three
items were omitted from one bid (telephone line relocation
($10,000;power pole relocation ($1,500);and gas line
relocation (PSC0.expense);therefore,to equalize all three
bids,the items were deducted from all bids to arrive at a
base bid and then re-added for the complete project.Staff is
recommending approval of the low bid submitted by Connell
Resources.Additional funds must be added for contingencies,
and bond costs.It was moved and seconded (Doylen/Gillette)
the low bid in the amount of $266,895.06 submitted by Connell
Resources be accepted,and it passed unanimously.
Administrator Klaphake noted that the special improvement
district construction/assessment process is initiated by the
bond attorney.The Town Board previously ordered the
construction bids,and this action will proceed with the
project.The following item will address how the assessment
will be divided among the affected lOt owners.
Attorney Clark read Resolution #4—96 setting forth the
Proposed Assessment Roll and giving notice of public hearing
to be held on March 12,1996,on the proposed assessments of
Park Entrance Estates Special Improvement District #95-1.
Director Linnane noted that the “Chittwood Property”was
subsequently added to the Resolution,thus Attorney Clark also
read into the record the Chittwood Property legal description.
It was moved and seconded (Doylen/Gillette)Resolution #4-96
lie adopted,and it passed unanimously.
Attorney Clark later determined that Resolution #4-96 had not
been previously read in full,thus he proceeded to read
Paragraphs 2—6,Page 6.It was moved and seconded
(Doylen/Gillette)Resolution #4-96 be adopted as read in full,
and it passed unanimously.
5.Initiated Ordinance Petition for the Proposed Rezoning of the
North 16.9175 Acres of the Storer Ranch Addition.
Administrator Klaphake outlined procedure:introduction of
the ordinance,those in favor of the ordinance,followed by
those in opposition will be given an opportunity to be heard.
A court reporter has been obtained to assist in the process.
Attorney Clark advised the Trustees of their options which
were limited to:adopt the ordinance as proposed through the
initiation process,or refer the ordinance to the electorate.
Mayor Dannels opened the public hearing,and the Court
Reporter swore in all witnesses:Ralph Nicholas,1660 North
Ridge Lane.Mr.Nicholas was representing the Lone Pine Acres
Association,the 288 voters who signed the petition,and the
70%of the people in the community who believe in less dense
development in outlying areas of the Town.Mr.Nicholas’
written comments and various information from the Assessor’s
Office were entered as Exhibit 1 and made a part of the
record;he stated that action taken by the Town Board serves
to reinforce responsible land use in the entire valley.Dewey
Board of Trustees -February 13,1996 -Page 4
Shanks,Lone Pine Resident,commented on the developer’s plans
for 160 condominiums on over 12 acres and that he personally
believes that many units is excessive for this particular
piece of ground.Louis O’Riordan,2459 Big Thompson Canyon,
who expressed concern with the entire zoning philosophy,
election is the best option,and comments relating to how
appointment to the Planning Commission should occur,the Lone
Pine Residents “are on the right track but who’s next?”,and
an individual(s)should not be allowed to determine what is
allowed with other property.
Opposition was expressed by Dana Brand/RNC representing the
Storers,George Goddard,three families,eight people and the
Staples family.Ms.Brand presented an ownership list and
letters from George Goddard dated February 1,1996 and James
d’A.Welch,dated February 9,1996.Mr.Goddard’s letter was
read aloud.The letters were entered as Exhibits 2 and 3 and
the list was entered as Exhibit 4 and all made a part of the
record.In summary,the owners unanimously oppose the
initiated ordinance petition,based upon the taking of
property rights,and the owners’desire for development that
will enhance the area.Rezoning without a site plan is
premature.George Hockman,1625 Prospect Estates Dr.,
testified that it is unfortunate that the area was zoned
commercial for a specific project (technological site)and a
provision was not included that the property reverted back to
residential if the proposal failed.A P.U.D.or conditional
zoning should be implemented to avoid similar instances in the
future.In addition,it is inappropriate for non-owners of
property to zone said property;it is unfortunate to zone by
referendum,particularly when petition circulators are given
inappropriate and incorrect information.Louis O’Riordan
stated that pursuant to his study on this type of situation,
the Town has no authority to down—zone a person’s property
without paying for it,otherwise it is called a “taking”in
the law.There being no further testimony.Mayor Dannels
declared the public hearing closed.
Attorney Clark read Resolution #5-96 referring the Initiated
Ordinance Petition to the electorate at the next regular
municipal election scheduled April 2,1996.rrustee Gillette
received clarification on the options available to the Town
Board,and Trustee Miller,having expressed his opinion that
the Board previously failed to manage this property,moved
Resolution #5-96 be adopted.Trustee Doylen seconded the
motion,noting a difference of opinion relative to the Town
Board’s previous stance on this issue,and the motion passed
unanimously.
Attorney Clark read the Ballot Title as prepared by Town
Attorney White and Town Clerk O’Connor.I was moved and
seconded (Miller/Pauley)the Ballot Title be acknowledged
(courtesy vote),and it passed unanimously.
6.Resolution #6—96 —Setting April 2,1996 as time for Regular
Municipal Election.It was moved and seconded
(Doylen/Marshall)Resolution #6-96 be adopted,and it passed
unanimously.
7.Town Administrator’s Report.Administrator Kiapliake reported
that on November 14,1995,acting upon the Planning
Commission’s request,the Trustees adopted a Planning
Commission Referral Policy.As stated,the Policy dictates
that referrals are considered by the Board at the second Town
Board meeting of the following month,and thu Board’s intent
was to consider the referral at the second Town Board meeting
following Planning Commission consideration .It was moved
and seconded (Miller/Marshall)Planning Commission items will
be considered at the second Town Board meeting following
Board of Trustees -February 13,1996 -Page 5
referral by Planning Commission,and it passed unanimously.
8.Following completion of all agenda items,it was moved and
seconded (Marshall/Pauley)the Board of Trustees enter
Executive Session to discuss contract negotiations,and it
passed unanimously.
Whereupon Mayor Dannels adjourned the meeting at 8:45 P.M.to
Executive Session.
Mayor
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Town Clerk