HomeMy WebLinkAboutMINUTES Town Board 1997-01-28Town of Estes Park,Larimer County,Colorado,.January 28..-.919.
Minutes of a Regular •.meeting of the Board of Trustees of the Town of
Estes Park,Larimer County,Colorado.Meeting held in the Municipal Building in
said Town of Estes Park on the .2ath .day of ....Jnuar.y;.,A.D.,99.
at regular meeting hour.
Meeting called to order by Mayor ..
•L Dekker
Present:Mayor Robert L.Dekker Trusteeusan L.Doyen,
Mayor ProTem
John Baudek,
George J.Hix,
William J.Marshall
J.Donald Pauley
Also Present:Gary F.Kiaphake,
Town Administrator
Gregory A.White,
Town Attorney
Vickie O’Connor,
Town Clerk
Absent:Jeff Barker,Trustee
Mayor Dekker called the meeting to order at 7:30 p.m.and
announced the AT&T Wireless presentation would be delayed pending
arrival of the AT&T Representative.
PUBLIC COMMENT:
Louis O’Riordan expressed a difference of opinion with the Town
Attorney concerning the ownership of Stanley Park,and opposes
the weather station at Stanley Park discussed during the January
2,1997 Community Development Committee.
CONSENT CALENDAR:
A.Public Safety,January 16,1997.
3.Public Works,January 23,1997.
C.Planning Commission,January 21,1997 (acknowledgment
only).
It was moved and seconded the consent calendar be approved
(Hix/Pauley)and it passed unanimously.
ACTION ITEMS:
1.Carry-over Resolution #2-97 for 1997 Budget.Finance
Officer Vavra presented and reviewed the Carry—over
Resolution for the 1997 Budget,and it was moved and
seconded (Hix/Marshall)Resolution #2-97 be approved,and it
passed unanimously.
2.A.Solar Mobile Radar Traffic Monitor.Police Chief Repola
reviewed the traffic monitor which was recommended for
approval by the Public Safety Committee.A monitor was
tested in various areas for two weeks in November,1996.
The monitor displays the speed,counts vehicles,and serves
as a reminder to motorists to observe the posted speed
limit.The monitor does not include a photo radar unit,nor
does it issue tickets.The Dept.inspected two models,the
Kustom,and the Precision.Chief Repola further explained
the differences between both models and the maintenance,
lease/rental options,with staff continuing to recommend the
Precision at $375.50/mo.Funding is being shared with
Public Works.It was moved and seconded (Narshall/Pauley)
Staff be authorized to Lease/Purchase the Precision Solar
Board of Trustees -January 28,1997 -Page 2
Control Model for 34 months at $375.50/month,including a
Maintenance Agreement,and it passed unanimously.
B.Ordinance #2-97 -Concealed Weapons.Chief Repola
explained that this ordinance merely authorizes the Police
Chief to require a fee of $100.00 for any concealed weapon
application.The State Statutes authorize the issuance of
concealed weapon permits by Chiefs of Police and Sheriffs;
this authorization is not new legislation.However,as the
Police Dept.did not have a permit policy in place,the
Sheriff’s Dept.has been responsible for the issuance of
this type of permit in Estes Park.The proposed ordinance is
consistent with state law,and the Dept.has established a
procedure that is very specific and methodical,and it will
be applied to all.Staff researched this procedure and it
is nearly identical to that used by Fort Collins.The
Statutes also address liability concerns,and with permit
issuance,the Town is not held liable.Staff reviewed the
conditions of issuance,which in summary are:(1)
reasonable terms for protection of pubic safety and welfare,
(2)establishment of rules and regulations to implement
issuance of concealed weapons permits,(3)the permit will
lie valid for one year from date of issuance,(4)the permit
is subject to revocation by the Chief for violation of any
State Statute,Municipal Ordinance or Rule and Regulation of
the Dept.,(5)the permit fee is $100 which is non-
refundable,and the fee will be annually assessed for
renewals,(6)permittees will indemnify and hold the Town
harmless for any loss or damage imposed upon them as a
result of any act or omission of the permit holder.In
addition,the applicant must prove there is a threat to them
or their family that cannot be addressed by the Police Dept.
(an unusual circumstance that puts them at risk).
Background checks will be conducted through state and
national investigation (arrest records,convictions--CCIC
network and national network).Applicants must also verify
firearm proficiency from an NRA-approved course,and prove
they are aware of and understand State Statutes relative to
undue force.The Dept.will register/license the
individual,and record the serial number of the weapon.
Discussion followed on age requirements (addressed in the
Statute),permit processing timeframe (permits will be
processed as expediently as possible),and Dept.
expectations on the frequency of applications (staff does
not anticipate numerous requests).Chief Repola reported he
has had requests for the permits in the past;however,they
were referred to the Sheriff’s Dept.Permit fees will not
be collected until a thorough review of the applicant has
been accomplished.
The permit would allow a concealed weapon to be carried on
one’s person while they are moving about.Comments from the
audience were heard from:Louis O’Riordan (read excerpts
from the State Statutes pertaining to the U.S.and State
Constitutions relative to the “right to bare arms”and
“infringement”of said law,it was elitist (fee),and stated
he would file a lawsuit with the Legislature and the Town if
the ordinance is adopted).Attorney White reiterated that
State law provides for the Police Chief to issue permits,
and the Town is abiding by that law.Chief Repola added
that the permit will only be issued to Town residents and
for merchants who own businesses inside Town limits.Nicky
Kane noted his opposition to the ordinance stating the
permit is not needed,and that persons with alcohol,drug
and/or mentally impaired disabilities with a “clean record”
could receive a permit.Attorney White commented that prior
to this ordinance,the Sheriff could issue such permits
within the Town;adoption of this ordinance will give the
Town/Dept.local control,which includes a well-regulated
Board of Trustees -January 28,1997 -Page 3.
procedure.Staff confirmed that a concealed weapon permit
is valid anywhere in the state,subject to any local
municipality ordinance/regulations.Jim Bass reported he
has such a permit from Florida,and the general fears thus
far expressed are groundless.
Attorney White read the ordinance,and it was moved and
seconded,(Doylen/Baudek)Ordinance #2-97 concerning the
issuance of Concealed ,Weapons be approved.Attorney White
clarified that the Town will be held harmless from any
judgment.The motion passed unanimously.
Mark Runge,AT&T Manager’for Northern Colorado ‘briefed the
Trustees on the “Cellular in the Community Program”where 109
organizations have currently been given cellular telephones.
Each year,AT&T receives over 400 requests from non—profit
organizations.From these,the AT&T Selection Board selects 21,
and the Estes Park Victims Assistance has been selected.They
will receive a cellular phone and air time for two years;when
the 2-yr.period is over,they retain •the phone.’Mr.Runge
presented the phone to Director Debbie Emerinë,and she expressed
her appreciation on behalf of the advocates.Mayor Dekker also
expressed the Board’s appreciation.
C.Animal Medical Center of Estes Park,Ltd.—Agreement.This
agreement provides a place for impounded dogs in accordance
with the Municipal Code.There has been no cost increase
for the past six years.It was moved and secon4ed
(Doylen/Pauley)the Agreement with the Animal Medical Center
of Estes Park,Ltd.be approved,and it passed unanimously.
D.Ordinance #3-97 -Street Addresses.Attorney White read
the ordinance.Chief Repola reported that when,a caller
dials 911,the Police Dept.accesses the addresses
automatically;however,the physical address number may not
be easily seen from the street.The Public Safety
Committee’s purpose in recommending approval of this
ordinance is to mandate address numbers that are easily seen
from the street for all public safety agencies.The Town
does not intend to issue tickets for nonconformity;the
regulation will merely serve as a pubic,safety benefit in
the long term.The Uniform Building Code addresses
uniformity for all new structures,but citizens need to step
forward and reason compliance themselves.The Public Safety
Committee will review the ordinance again in one year.
Stating that such a regulation is long overdo and in
everyone’s best interest based on the growing community,it
was moved and seconded,(Pauley/Marshall)Ordinance #3—97
Amending Chapter 12.16 relating to Street Addresses be
approved,and it passed unanimously.Jim Bass questioned
how he could obtain a standard street sign although he
resides outside Town limits,and it was suggested he contact
the Town during working hours.Mr.O’Riordan offered a
suggestion that residents use large static cling numbers and
place them in windows facing the street.
3.A.Elkhorn Avenue Tree Replacement -Authorization to Proceed.
Public Works Director Linnane and Street/Parks Supt.
Speedlin reported on the total of trees lost (59)(generally
in the central business district)due to frosts and harsh
winters in 1995/96.Following consultations with experts in
the field,staff is recommending replacing trees in the tree
grates with “Pat More”Green Ash,and Hackherry;and Aspen,
Shubert,Chokecherry,and Conifers in the.planting beds.
This mix of trees will also be planted in the new Municipal
Par)dng Lot.It was moved nd seconded ‘fDoylen/Hix)the
Elkhorn Avenue Tree Replacement Project ‘proceed,to be
completed by Memorial Day,and It passed unanimously.
Board of Trustees -January28,1997 -Page 4 -
B.SCADA System/Marys Lake Water Treatment Plant -Approval of
Budget Expenditure.Director Linnane noted that this
project would authorize Motorola to reprogram the SCADA
system:software upgrade and hardware chip retrofitting,
and on—site personalized programming.It was moved and
seconded (Doylen/Hix)staff be authorized to expend.$21,600
with Motorola for reprogramming of the SCADA System at Marys
Lake Water Treatment Plant,and it passed unanimously.
C.Castle Mountain/Fall River Roads Intersection Improvement -
Approval of Contract with Kitchen &Co.Staff presented a
drawing of the site and explained the improvements.This
project is not budgeted,however,Staff believes that this
intersection is one of the most dangerous within Town
limits.The lowest bid in the amount,of $32,000 was
submitted by Kitchen &Co.,and due to blasting variables,
potential asphalt damage,earth cribbing,potential water
well damage and construction management,staff is
recommending a contingency of $l5000.The budget can be
adjusted without negatively impacting the Street Improvement
Program.Castle Mountain Road was a private-street until
1989.It was moved and seconded (Doylen/Hix)the Contract
in the amount of $32,000 with Kitchen’&Co.1 plus a
contingency of $15,000 for a total project cost-of $47,000
be approved,and it passed unanimously.
D.Lake Estes Hike/Bike Trail,(Causeway)-Contract with G.1.
Hoff -Approval.Director Linnane -reviewed Phase I which
includes earthwork and Phase 2 which includes the concrete
and Wapiti Bridge.Federal funding in the amount of 40%is
anticipated;the project cost estimate is $522,680;and
actual budget is $580,760.The estimated 1996 costs will
need to be supplemented into the 1997 Budget.The recent
stockpiling of materials resulted in a savings of $54,000.
The goal is to have Phase I completed by April 1,and Phase
II completed by June 1.It was moved and seconded
(Doylen/Marshall)the Contract with G.I.Hoff in the amount
of $223,031.05 be accepted,and it passed unanimously.
E.Office Furniture -Approval..Two bids were received for new
office furniture for the receptionist area (public)in the
Utilities/Engineering Section.It was moved and seconded
(Hix/Pauley)the bid in the amount of $7,000 submitted by
Boulder Commercial be approved,and it passed unanimously.
4.Rocky Mountain Discount liquor,350 W.Riverside Dr.,Retail
Liquor Store License —Transfer of Ownership from Akron
Diesel &Sales,Inc.to Young Hee Kim.Clerk O’Connor
stated the application was in order,and it was moved and
seconded (Pauley/Baudek)the Transfer of Ownership be
approved,and it passed unanimously.
5.Ordinance #4-97 —Vacation of Easement for Knoll Property.
In a memorandum dated January 28,1997,EPURA Executive
Director Anderson explained that a general easement was
placed on the plat by Stanley Commercial Development to
protect future access to Lots 1 and .3 for the planned
Factory Outlet Stores on Lot 2.EPURA has since purchased
Lots and 3,and to facilitate a clear title,the general
easement must be removed.Attorney White read the ordinance,
and Administrator Kiapliake reviewed a drawing.It was moved
and seconded,(Hix/Marshall)Ordinance #4-97 vacating an
easement for the Knoll Property lie approved,and it passed
unanimously.When the purchase of Lot 2 is complete,EPURA
will own Lots 1,2,and 3,and the access question will not
be an issue.
6.Town Administrator’s Report.Administrator Klaphake
reported that all General Fund Budgets have been reduced by
2%which equates to $137,523.This action was mandated due
Board of Trustees -January 28,1997 -Page 5
to revenue projections,and if additional reduction is
needed,staff will update the Board.
There being no further business,Mayor Dekker adjourned the
meeting at 9:15 p.m.
..IQ,&.aLAC_
Robert L.Dekker,Mayor
Vickie O’Connor,Town Clerk