Loading...
HomeMy WebLinkAboutPACKET Town Board Special Meeting 1999-08-31- Prepared 8/27/99 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK SPECIAL MEETING Tuesday, August 31, 1999 8:00 a.m. AGENDA 1. Protest Concerning Ballot Title Filed by Proponents of Initiated Ordinance Petition. 2. Lake Estes Trail Relocation/Estes Substation. COFTY RESOLUTION NO. 21-99 WHEREAS, Section 31-11-111 (4) C.R.S. provides that any protest concerning a ballot title shall be conducted as provided by local charter, ordinance, or resolution; and WHEREAS, the Board of Trustees of the Town of Estes Park pursuant to the terms and conditions of this resolution establishes a procedure for protest of any ballot title for an initiated ordinance or referendum filed with the Town pursuant to the provisions of Article 11 of Title 31, C.R.S. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, Colorado: 4 1. Any registered elector of the Town of Estes Park or the persons designated as representing an initiated ordinance or referendum petition may file with the Town Clerk a written protest of the ballot title following the fixing of a ballot title by the Board of Trustees of the Town of Estes Park or its designee. 4 2. The protest shall be in writing and shall specify the grounds for the protest. 4 3. The protest shall be filed within 3 calendar days following the fixing of the ballot title. / 4. If a protest is filed, the Town Board shall review the protest at a regular or special meeting. The person submitting the protest shall be given written notification of the review by the Town Board and an opportunity to be heard before the Town Board concerning the protest. ~ 5. The Town Board review of the protest shall be limited to whether or not the ballot title fairly reflects the proposed initiative or referendum so that voters will not be clearly misled in support for or against the proposition by reason of words used in the ballot title., Adopted this (74* day of (~00«j- , 1999. 0 TO~/N~:F ESTES PARK 5444 . n /1 Mayor ATTEST: TTIAVO ·thuu Town Clerk August 26, 1999 Hon. Robert L. Dekker Mayor, Town of Estes Park 170 MacGregor Avenue ~le©ED¥[E-:%- Estes Park, CO 80517 ~a: Facsimile 586-0249 Hand-delivery Ms. Vickie O'Connor |1) AUG 2 6 1999 ~ Town Clerk, Town of Estes Park -~ L~ 170 MacGregor Avenue Estes Park, CO 80517 via* Facsimile 586-0249 Hand-delivery Board of Trustees Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 Via: Facsimile 586-0249 Hand-delivery Re: Ballot Title Protest Dear Mayor Dekker, Ms. O'Conner and Board of Trustees: We have reviewed the proposed Ballot Title for the initiated ordinance. and pursuant to Resolution No. 2199 and C.R.S. 31-11-111(4). we protest the language of the Ballot Title on the grounds that the Title is overly broad, and does not "correctly and fairly express the true intent and meaning of the measure" as required pursuant to C.R. S. Section 13-111(3). We propose that the language be amended as follows: Shall the Town of Estes Park prohibit the exhibition of animals in a cage or other enclosure, or the exhibit of animals by tethering the animal to an object. The provisions of the ordinance do not apply to the listed exceptions in the ordinance dealing with educational exhibition, exhibition of domestic animals, exhibition for purposes of adoption by a humane society or exhibition of animals during periods of rehabilitation or medical treatment by a veterinarian. We request review of the language of the ordinance in a timely manner to allow the ordinance Ballot Title to be properly printed for the election. Sincerely, R 1, Elli Ary« -1 Ricki Ingersoll 507 RiverRock Circle Estes Park, CO 80517 pe=58~0620 zi KE -<gr , -'.... Terry D. nrenti 2145 McGraw Ranch Road Estes Park, CO 80517 970-586-8712 , BALLOT TITLE INITIATED ORDINANCE PROHIBITING THE EXHIBITION OF ANIMALS November 2, 1999 Coordinated Election INITIATIVE SHALL THE TOWN OF ESTES PARK PROHIBIT THE EXHIBITION OF ANIMALS IN A CAGE OR OTHER ENCLOSURE OR THE EXHIBITION OF ANIMALS BY TETHERING THE ANIMAL TO AN OBJECT? YES NO . I INITIATED ORDINANCE PRESENTED BY TERRY D. PARENTI and RICKI INGERSOLL WHEREAS, it is the desire of the citizens of Estes Park to prohibit the exhibition of animals, because the caging and/or tethering for exhibition of animals is not desirable in itself, nor does it, in the opinion of the citizens, reflect the unique character or nature of the Estes Park community. The exhibition of animals and the procurement of such for exhibition irrevocably diminishes community care and respect for such animals and imposes on them an unnatural and cruel existence. The natural habitat that animals experience in the Rocky Mountain National Park, which is contiguous to the Town of Estes Park and is the primary symbol of the Town for all visitors to the Estes Park area, is the image that the citizens want to preserve; and WHEREAS, it is the intent of this ordinance to prohibit the exhibition of animals. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the Estes Park Municipal Code be amended to add the following section: Section 7.06.040 Exhibiting Animals Prohibited (a) It is unlawful for any person to exhibit an animal in a cage, kennel, box, cell, showcase, or other enclosure or to exhibit an animal by tethering the animal or tying or attaching the animal to any object. (b) It is a specific defense to a charge of violating this section that: (1) The animal was exhibited temporarily for a period not exceeding 120 hours for educational purposes by the Park School District or the Rocky Mountain National Park; (2) The animal is domestic, as determined by the Colorado Wildlife and Agricultural Commissions, and was exhibited in the ordinary course of business by a pet store, dog kennel, farm, ranch, fair, livery, stables or rodeo; (3) The animal was exhibited for purposes of adoption by a non-profit humane society; or a non-profit Pet . Association of Estes Park, Inc. which is exempt from Federal income taxes under Section 501(c)(3) of the united States Internal Revenue Code; or (4) The animal is wildlife, as defined by the Colorado Revised Statutes, and was being held for rehabilitation or medical treatment by a person licensed by the State of Colorado to provide .such rehabilitation or medical treatment. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,1999. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk NOTE: The Board of Trustees did not approve this Initiated Ordinance 8/24/99. It was referred to the registered electors of the Town of Estes Park for the Larimer County Coordinated Election scheduled November 2, 1999. PUBLISH: Trail Gazette Friday, September 3, 1999 TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Dekker and Board of Trustees From: Richard E. Matzke - 72 2;4« Date: August 27, 1999 Re: Estes Substation Relocation Project Award Contract for Bike Path Relocation BACKGROUND: Platte River's contractor for the substation project plans to mobilize the week of September 7, 1999. As has been discussed at previous Light and Power Committee meetings, the bike path east of the Estes Power Plant Switchyard must be relocated. One condition of the special use permit recently granted by the Bureau ofReclamation is that the bike path be replaced prior to removing the portion that conflicts with the substation project. Rocky Mountain Consultants(RMC) has recently completed the design for relocating approximately 440' of bike path and has negotiated a bid with High Peak Concrete for construction ofthe new path, partial demolition of the old path, relocation ofthe irrigation system and placement of sleeves under the new path for future irrigation expansion. BUDGET/COST: The funding for construction ofthe new substation appears in the year 2000 budget. Cancellation of the Big Thompson Three Phase Conversion project and replacement of the one ton utility truck have freed up approximately $200,000 from the 1999 capital budget. The proposal from High Peak Concrete is for an estimated cost of $21,978 based on the units on the bid schedule prepared by RMC. RECOMMENDATION: High Peak Concrete was the only contractor identified by RMC that is able to meet the time constraints ofthis project. RMC has also advised us that the bid price is reasonable. The Light and Power Department recommends that the contract for relocation of the bike path be awarded to High Peak Concrete at an estimated cost of $21,978. REM