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HomeMy WebLinkAboutMINUTES Town Board 1996-02-13Town of Estes Park,Larimer County,Colorado,ejrury •,;9 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 --7y / , u’ Town Clerk