HomeMy WebLinkAboutMINUTES Town Board 2003-07-221Town of Estes Park,Larimer County,Colorado,July 22,2003
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 22nd day of July,2003.
Meeting called to order by Mayor John Baudek.
Present:John Baudek,Mayor
Susan L.Doylen,Mayor Prolem
Trustees Jeff Barker
Stephen W.Gillette
David Habecker
Lori Jeffrey-Clark
G.Wayne Newsom
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Baudek called the meeting to order at 7:00 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
None.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated July 8,2003.
2.Bills.
3.Committee Minutes:
A.Utilities,July 10,2003:
1 *Homeowner Request to Underground Electric Service at Town
Expense —See Action Item #1 below.
2.2002 West Wonderview Loop Project:E-Z Excavating Change
Order,$7,703.80.
B.Public Works,July 17,2003:
1.2003 Street Overlay Project Award to Coulson Excavating,
$1 96,780.
2.Knoll-Willows Trail —Construction of Test Section”,$10,000.
3.Fish Creek Trail Project:G.L.Hoff Change Order,$9,400.
4.Estes Valley Development Code,Block 6 Amendments —CONTINUE
PUBLIC HEARING TO AUGUST 12,2003.
It was moved and seconded (Doylen/Gillette)the consent agenda be approved,and
it passed unanimously.
Board of Trustees —July 22,2003 —Page 2
2.ACTION ITEMS:
4 *HOMEOWNER REQUEST TO UNDERGROUND ELECTRIC SERVICE AT
TOWN EXPENSE,REFERRED TO TOWN BOARD BY UTILITIES
COMMITTEE 7110103.The Utilities Committee referred this item to the Town
Board.Public Works Dir.Linnane briefed the Trustees on the request made
by George and Dorothy Gibbs for the Town to underground the existing
electric service line across their property (Lots 12 and 13,Stanley Heights
Sub.)at Town expense.Town policy does not allow funding private service
line underground projects.At issue,is whether the Town is obligated to
underground the service by alleged statements made by Town field
personnel,acting outside existing Town policy.The Gibbs did grant an
easement;and if the request is approved by the Trustees,Dir.Linnane
believes the installation should follow the adjacent horse trail as the route is
already disturbed,and shorter by 50 ft.This location is unacceptable to the
homeowners—the original easement route was along the fence line and
outside of the Gibbs’property;however,it is acceptable to the adjacent
property owner (Schageman).Staff confirmed that funds were not budgeted
and estimated costs are $6,500.
Following a question and answer period by the Board (how many trees would
be disturbed at the Gibbs preferred site?;confirmation an inappropriate
decision was made by field personnel;if the request was approved,the Town
Board would be in violation of existing policy;if granted,the Light and Power
Dept.and its customers would financially be contributing toward this request;
and legal theory concerning the Town’s representation by field personnel),
George and Dorothy Gibbs presented their position,and,in summary,
believe the Town should act in good conscience and grant their request.
Requesting a conference with the Town Attorney,it was moved and
seconded (Barker/Jeffrey-Clark)the Town Board enter Executive Session
pursuant to C.R.S.Section 24-6-402(4)fb)for the purpose of receiving
legal advice on a specific legal question.The motion passed
unanimously,thus Mayor Baudek adjourned the meeting to Executive
session at 7:36 p.m.
Mayor Baudek reconvened the meeting to Open Session at 7:42 p.m.
Finding that approval of the request does not meet existing Town policy,
Trustee Newsom moved the request to underground electric service at
Town expense be denied.Trustees Gillette and Jeffrey-Clark stated that,in
their opinion,expectations were made,and they support the homeowner’s
request.Stating that approval of the request could set a precedent,Trustee
Habecker seconded the motion,and it passed by the following votes:Those
voting “Yes”Trustees Barker,Doylen,Habecker and Newsom.Those voting
“No”Trustees Gillette and Jeffrey-Clark.Trustee Habecker commented that
established policy would allow the Town to arrange a financing method for
the Gibbs should they opt to underground their private electric line.
5.DRIVERS LICENSE SUSPENSION FOR POSSESSION AND USE OF A
CONTROLLED SUBSTANCE —REQUEST TOWN BOARD SUPPORT FOR
SUBMITTAL TO THE CML POLICY COMMITTEE.Police Chief Richardson
explained that State law mandating the suspension of a drivers license
addresses possession of alcohol;it does not include possession of a
controlled substance.Following a legal opinion from Town Attorney White,
the Public Safety Committee referred this item to the Town Board to
determine support to proceed with a letter to the Colorado Municipal League
Legislative Lobbyist to improve consistency in the law by adding language to
Board of Trustees —July 22,2003 —Page 3
include possession and use of a controlled substance.The Town’s official
request should contain the following:Request that a minor’s drivers license
be subjected to the identical parameters of sentencing that currently exist for
those minors who have been convicted of consuming or possessing ethyl
alcohol.Trustee Gillette commented that current law sends the wrong
message and laws should be consistent.Following discussion,it was moved
and seconded (Newsom/Gillette)Trustee Barker be authorized to draft a
letter of support for presentation to the CML Policy Committee,and the
motion passed unanimously.Letters to State Officials are also appropriate.
3.PUBLIC HEARING:ORDINANCE #10-03 ADOPTING BY REFERENCE,
THE MODEL TRAFFIC CODE FOR COLORADO,REVISED 2003.Mayor
Baudek opened the Public Hearing,and Police Chief Richardson reviewed
the Code that was recently revised by the State of Colorado.The current
Code was last revised in 1995.Specific regulations pertaining to parking,no
parking,parking limitations,are speed limits are contained in the Appendix
dated June 24,2003.Town Attorney White read Ordinance #10-03,and as
there was no public testimony,Mayor Baudek closed the Public Hearing.
Following a question and answer period,Mayor Baudek closed the public
hearing.It was moved and seconded (Gillette/Habecker)Ordinance #10-
03 adopting,by reference,the 2003 Model Traffic Code for Colorado be
approved,and it passed unanimously.
4.TOWN ADMINISTRATOR’S REPORT.
A.Sales Tax Report.May statistics were reviewed,and economic indicators
show a continued downward trend,with budget year-to-date sales tax
revenues down -1.9%.Proposed budget cuts will be submitted for
consideration in August.
B.Ban on Open Burning Declared.Effective 7/21 at noon —Larimer County
and the Town placed a ban on open burning.The legal notice will be
published as required.
Following completion of all agenda items,Mayor Baudek adjourned the meeting at 8:46
p.m.
hn Baudek,Mayor
4€Lt’
Vickie O’Connor,Town Clerk