HomeMy WebLinkAboutMINUTES Town Board 1994-10-25Town of f Estes Park,Larimer County, Colorado,.9c obe r .2.5 ...,19 .9 4 .
Minutes of a .Regular ..meeting of the Board of Trustees of the Town o f
Estes Park, Larimer County, Colorado . Meeting held in the Municipal Building in
said Town of Estes Park on the . 25t1~. day of October ., A .D .,19 . 94 .
at regular meeting hour .
H . Bernerd Dannel s
Meeting called to order by Mayor
Present : Mayor H . B . Dannel s
Gary F . Klaphake ,
Also Present :
Town Administrato r
Gregory A . White ,
Town Attorne y
Vickie O'Conno r
Town Clerk
Absent :
J . Donald Pauley, Truste e
Mayor Dannels called the meeting to order at 7 :30 P .M .
PUBLIC INPUT .
Louis O'Riordan stated that, in his opinion, the "Vote Yes for ou r
Kids" Committee (School Bond Issue) Report given at the October 1 1
Town Board meeting was unreliable . In addition, the group h e
represents is in favor of the Fire Department, particularly th e
proposed Fire Station .
CONSENT CALENDAR :
1.Town Board minutes dated October 11, 1994 .
2.Bills .
3.Committee Minutes :
A.Administrative Committee, October 13, 1994 .
B.Planning Commission, October 18, 1994 (acknowledgemen t
only).
C.Public Safety, October 20, 1994 .
It was moved and seconded (Gillette/Doylen)the consent calendar b e
approved,and it passed unanimously .
ACTION ITEMS :
1.1995 Organizational Chart .
Town Administrator Klaphak e
presented the proposed organizational chart as recommended b y
the Administrative Committee . The chart contains thre e
amendments, the most significant being the elimination of th e
formal Special Events Committee . Effective January, 1995 ,
Special Events will present their monthly agenda items an d
reports to the Community Development Committee . Thi s
amendment does not diminish Special Events in any way . I n
addition, the Administrative Committee will become Town Boar d
Study Sessions . It was moved and seconded (Dekker/Gillette )
the 1995 Organizational Chart be approved,and it passe d
unanimously .
2.Fire Station Study ®Presentation .The Estes Park Fir e
Station Study was prepared and presented by Roger Thorp/Thor p
Associates . A detailed report can be found in the Publi c
Safety Minutes dated October 20, 1994 . Mr . Thorp confirme d
Robert L . Dekker ,
Mayor ProTe m
Susan L . Doylen ,
Stephen W . Gillette ,
William J . Marshall ,
Michael E . Mille r
Trustees :
Board of Trustees - October 25, 1994 - Page 2
that : the price for asphalt work includes a portion alon g
Manford Avenue and the rear of the building--it does no t
include paving of the 147 or 193-space parking lots ; an d
landscaping pricing will buffer the site from surroundin g
residential to the west . Administrator Klaphake confirme d
that the funding time-period for the facility is anticipate d
to be three years ; staff is working on the TABOR revenu e
calculations and this information will be available in th e
near future . Concerning the Stanley Park deed restrictions ,
Town Attorney White reported that this project does no t
violate the "public purpose use" language . The Trustee s
expressed their appreciation to Mr . Thorp for th e
presentation .
3.Lake Estes Hike/Bike Trail -Award Bid .Public Works Director
Linnane reported that the bid award was being brought directl y
to the Town Board in lieu of the Public Works Committee due t o
the construction schedule . The funding agencies hav e
requested as much of the project be completed by December 31 ,
1994 as possible . State and Federal funding equates to 40a o f
the project as follows :
General Fund
$ 85,00 0
EPURA
65,00 0
EVRPD e .e 50,00 0
Larimer County 50,00 0
Conservation Trust Fund 42,37 0
ISTEA (Federal Aid) 180,20 0
Go Colorado (State Aid) 20,00 0
Bids were received October 17, 1994 from six firms ; the bid s
were verified through unit price extensions and corrected a s
necessary . The State Department of Transportation and Federa l
Highway Administration could not concur with the award of th e
construction contract to the low bidder due to irregularitie s
in the bidding process . A total of five deficiencies, two o f
which were "fatal", were reviewed by staff . Therefore, staf f
is recommending the bid be awarded to Mountain Constructors .
References were verified . Available Town funding is $442,000 ,
the bid amount was $425,942, and the contingency is $16,000 .
Staff desires to issue the Notice of Award October 26, and th e
Notice to Proceed November 8 . The project completion date i s
anticipated to be May 15, 1995 .It was moved and seconde d
(Gillette/Marshall) the bid, in the amount of $425,942 .00, b e
awarded to Mountain Constructors,and it passed unanimously .
Director Linnane was commended for seeking and obtaining stat e
and federal funding .
4.
Town Administrator's Report :
A . Cable Systems Franchise Tax Issue .Town Attorney Whit e
noted that Dick Pratt was not in attendance ; however, h e
provided additional information on the franchise ta x
assessed by Cable Systems to its subscribers . Attorne y
White read a letter dated October 25, 1994 from Norma n
Beecher, Counsel for the Greater Metro Cable Consortium .
In summary, the Code of Federal Regulations, 47 C .F .R .
Section 76 .922(a),states : "The maximum monthly charg e
per subscriber for a tier of regulated programmin g
services offered by a cable system shall consist of a
permitted channel charge multiplied by the number o f
channels on the tier,plus a charge for the franchis e
fee .47 C .F .R . Section 76 .922(d)(2)(i)notes that ,
"external costs shall consist of costs in the followin g
categories : (B) Franchise fees ." Therefore, franchis e
fees can be passed through directly to subscribers unde r
FCC regulations and federal law . With regard to th e
actual wording on the cable bill which states "franchis e
tax",staff has suggested to CSI that the word tax be
Board of Trustees - October 25 ®1994 - Page 3
corrected to "fee ." It is the Town's opinion, that thi s
factual information addresses Mr . Pratt's concerns and ,
therefore, concludes this issue .
Administrator Klaphake commented that the Town does no t
micro-manage PSCo nor CSI with regard to the Operatin g
Agreements .
Mayor Dannels commended counsel for his effort in clarifyin g
both the Town's and CSI's position .
Following completion of all agenda items, Mayor Dannels adjourne d
the meeting at 8 :32 P .M .
Mayor