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HomeMy WebLinkAboutMINUTES Town Board 1997-09-09Town of Estes Park,Larimer County,Colorado,September 9,1997 Minutes of a Special 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 9th day of September,1997.Meeting called to order by Mayor ProTem Susan L.Doylen. Present:Susan I.Doylen,Mayor ProTem Trustees Jeff Barker John Baudek George J.Hix William J.Marshall Also Present:Gary F.Klaphake,Town Administrator Vickie O’Connor,Town Clerk Gregory A.White,Town Attorney Absent:Mayor Dekker, Trustee Pauley Mayor ProTem Doylen called the special meeting to order at 7:32 p.m. PUBLIC COMMENT E.H.Meyer,reiterated his comments that the Town did commit to long—term debt with the Conference Center,that the citizens should have voted on this project,and that Town staff still has not contacted him with additional facts on the issue. Town Attorney White responded to previous questions posed by Patrick Cipolla:(1)conflict of interest—the Town Board is governed by Title 24,Article 18,CRS Code of Ethics.Grounds to cite a conflict of interest is where “substantial”financial or personal interest are found.However,the Statute does not require an official to state the “nature”of conflict.The Statute also contains guidelines for an official in the event he would be required vote on a matter with a conflict of interest to obtain a quorum or the item requires majority votes;however,“voluntary disclosure”filed with the Secretary of State 24 hours in advance, notifying of the nature of the conflict must be accomplished.The nature of the conflict and a summary must be issued by the official to the Town Board and members of the audience prior to the vote. If a voluntary disclosure statement is not filed,the official cannot vote.Concerning the definition of “substantial”financial interest,the Statute does not address a dollar amount,thus the determination must be made by the elected official. (2)Voting of Joint Planning Commission Members:the Statute is specific—planning commissioners are appointed by the Mayor and approved by the Town Board.Reasoning for this action is that Commission members serve only in an “advisory capacity.”In addition,members can only be removed by malfeasance in office. Administrator Klaphake responded to Mr.Meyer’s comments regarding multi—year debt.In summary,EPURA issued Revenue Bonds not General Obligation Bonds (G.O.Bonds).Financing for the Conference Center was included in EPURA’s first issue of revenue bonds.The security for the bonds was the revenue stream pledged by the Town Board.Property taxes (G.O.Bonds)were not pledged to retire the debt.The law was changed with adoption of the TABOR Pmendment,and now,all multi—year debt must voted upon and approved by the voters.The Town’s Audit does state that the Town is in compliance.Attorney White added that the Supreme Court has ruled many times on the definition of “debt”and public financing which are not contained in the Statute.Staff will comment present additional bond financing information to Mr.Meyer. CONSENT CALENDAR: Board of Trustees -September 9,1997 -Page 2 1.Town Board Minutes dated August 26,1997,and Special Meeting dated September 2,1997. 2.Bills. 3.Committee Minutes: A.Public Works,August 28,1997. B.Community Development,September 4,1997. C.Board of Adjustment,September 9,1997 (acknowledgment only). It was moved and seconded (Hix/Marshall)the consent calendar be approved,and it passed unanimously. ACTION ITEMS: 1.Larimer County/Town Intergovernmental Agreement Establishing a Joint Planning Commission,etc.(Continued from August 26, 1997)-Approval.Administrator Kiaphake reported on a meeting held with a group of building contractors where convincing arguments were made in favor of the Town retaining their own building inspection in lieu of transferring this responsibility to Larimer County.Mayor Dekker,Mayor ProTem Doylen,and staff believe compelling evidence was presented, thus the IGA was amended to reflect this change.If the IGA is approved as presented,the Town will hire an additional building inspector to cover the workload.The County has been notified and they have agreed with the amendment.Ralph Nicklaus,1660 North Ridge Ln.,cautioned the Board against listening to special interest groups.Administrator Kiaphake noted that the Town Board and County Commissioners are committed to the new Comp Plan;both parties intend to implement the Plan as efficiently and quickly as possible.E. H.Meyer recommended the voters of the Town and County be given an opportunity to vote on the Joint Planning Commission members,even though such is not required by law.Mayor ProTem Doylen commented that residents are represented through the County Commissioners and Board of Trustees,and public discussions have been held for the past three years.Patrick Cipolla questioned where final decisions would be made as the Joint Planning Commission is an advisory board.Staff responded that ultimately,final decisions will be made by each respective board—either the Town Board (for projects inside Town limits),or County Commissioners (for projects outside Town limits in the incorporated sections of Larimer County).There will be one set of rules/regulations that will govern the entire valley—wide planning area. Mr.Cipolla also expressed concern with how the Joint Planning Commission will affect growth in the Estes Valley,and requested a limitation.Staff reported that growth limitation was discussed in previous meetings,however,it was decided this issue would not be included in this Plan.“Managed growth”is included in the Plan,as well as respect for property rights.In effect,the Plan will produce less growth.Trustee Marshall stated the Comp Plan points to one word—compatibility.Director Stamey commented on the new development regulations for the Joint Planning Commission, adding that there is a growth management recommendation in the next phase.The growth rate system was outlined,and Director Stamey invited Mr.Cipolla to meet with him for further clarification.Jon Verschurr supported Mr.Meyer’s comments, adding that the Comp Plan was a tremendous effort,it is important to elect the Planning Commissioners to maintain the relationship of all participants.Staff responded that four individuals will be appointed by the County,and three from the Town.If the IGA is approved by both parties,an application process will be initiated.Larimer County Board of Trustees -September 9,1997 -Page 3 Commissioner Disney and Mayor Dekker will meet and make recommendations for the appointments.The only requirement for Planning Commissioner is one year of residency (for each jurisdiction).Trustee Marshall stated that to culminate 3 years of intensive work by both the County and Town,and with the revision to Paragraph 13 whereby the Town will retain building inspection for Town projects,he moved the Intergovernmental Agreement between Larimer County and the Town establishing a Joint Planning Commission,etc.be approved.Trustee Hix seconded the motion,and it passed unanimously.Trustee Baudek expressed his appreciation to all members of the committee who worked on this Agreement.A question arose on the validity of the recently adopted Interim IGA with Larimer County,and staff confirmed the agreement is necessary to formally allow the County’s assistance with building permit backlog. 2.Nytes Replat of a Portion of Lot 37,White Meadow View Place Addition,Steve R.and Barbara J.Nytes/Applicant (Continued from August 12,1997).Trustee Hix declared a conflict of interest.Director Stamey reviewed the request to divide one lot into two lots (Mountain Printery and the Bowling Alley will be separated),including numerous easements,siting,etc. All Planning Commission conditions have been incorporated,and the C—O Zone minimum lot size has been met.Mayor ProTem Doylen opened the public hearing.As there were no persons speaking in “favor of”or in “opposition to”the Replat,Mayor ProTem Doylen declared the public hearing closed.It was moved and seconded (Marshall/Barker)the Nytes Replat of a Portion of Lot 37,White Meadow View Place Addition be approved,and it passed with Trustee Hix Abstaining. 3.Bluebell Water Main Project -Approval of Budget Expenditure. Public Works Director Linnane briefed the Trustees on the final pay request from Kearney and Sons for work on the 8” water main extension;the amount is $5,139.00.It was moved and seconded (Hix/Baudek)the change order for $5,139.00 be approved,and it passed unanimously. 4.Carbon Feeder -Approval of Budget Expenditure.The 1997 Budget includes $11,000 for the purchase of a carbon feeder for the Marys Lake Water Treatment Plant.It was moved and seconded (Hix/Barker)staff be authorized to expended $10,100 to purchase a carbon feeder from Municipal Treatment Equipment,and it passed unanimously. 5.Ivy &Rockwell Street Bridge Construction -Approval of Budget Expenditure.Staff explained that $200,000 was budgeted for this project.Of this amount,$33,500 was has been encumbered for design and construction management services,resulting in a remaining balance of $166,500.The bid,submitted by G.L. Hoff,was for $173,574.02,resulting in a shortage of $7,074.02.CDOT is administering a grant for this project which will be result in $175,000 of the $200,000 being reimbursed to the Town.Additionally,there are sufficient funds in the Public Works Budget for this project.It was moved and seconded (Hix/Barker)the low bid submitted by G.I. Hoff in the amount of $173,574.02 be accepted,and it passed unanimously.Trustee Marshall complimented Facilities Manager Sievers for the completion of the Fisherman’s Nook Parking Lot near Lakefront Street. 6.Powder River Rodeo Productions,Inc.Agreement —Approval. Special Events Director Hinze presented the Agreement between Powder River Rodeo Productions,Inc.and the Town in the amount of $30,200/year.The term is for 1998 and includes two 1-yr.Renewals.It was moved and seconded (Marshall/Mix)the Agreement be approved,and it passed unanimously. Board of Trustees -September 9,1997 -Page 4 7.Wireless Sound System/Elkhorn Ave.-Approval of Budget Expenditure and Associated Four—Year Lease Purchase.Trustee Hix declared a “conflict of interest”and stated he would not participate in discussion nor vote.Staff explained the sound system,and Ward Durrett/MountainSong clarified that the sound cabinets will be painted to match each building’s facade.It was moved and seconded (Marshall/Baudek)staff be authorized to purchase the equipment from MountainSong for $38,691,financing the purchase with United Valley Bank on a 4—year lease purchase option,and it passed with Trustee Hix Abstaining. 8.RRC Associates Agreement -Approval.Staff briefed the Trustees on this Agreement for a conversion study.The last such study was performed in 1993 by the same firm.It was moved and seconded (Barker/Hix)the Agreement,in the amount of $15,000,with RRC Associates be approved,and it passed unanimously. 9.Re-Appointment -Polly Gunn,Estes Park Urban Renewal Authority,5-Year Term,Expiring September 14,2002.It was moved and seconded (Hix/Barker)Polly Gunn be re-appointed to serve a 5—Year Term on the Estes Park Urban Renewal Authority, and it passed unanimously. 10.Advertising Advisory Council -Report.Mayor ProTem Doylen reported on conversations by and between the Chamber Resort Association (CPA)and the Town pertaining to reorganization of the Town’s Advertising Policy Committee.An Agreement was drafted:(1)the CRA President shall appoint members to the Estes Park Marketing Council,each serving a three—year term; (2)the Town recommends the following serve on the council — CPA Executive Director David Thomas,Tom Pickering,Terry Licence,Peter Marsh,Jeff Barker/Trustee Liaison,plus four members from the CRA.In summary,duties of the Council shall be:develop a long—term marketing direction that includes the establishment of specific plans for marketing programs advertising,,etc.to increase the exposure and market share of Estes Park that ultimately benefit the Town in increasing its tax revenues;develop long—term funding mechanisms;advise on the expenditures for advertising,etc.—payment shall be maid by the Town pursuant to the adopted budget;and develop and execute strategies that produce additional funding from both long—term funding mechanisms and cooperative sources as available from the development of corporate partnerships.The reorganization will become effective October 1,1997.The Board expressed their appreciation to current Advertising Policy Committee Members:Mark Brown,Terry License,Jerry Souers,Scott Webermeier,and David Thomas.CPA Director Thomas noted that all advertising resources will be pooled for (advertising,special events,conference center market,etc.), and an integrated marketing plan will be developed.New members are committed to a three year term,and names were announced:Tom Pickering,Jeff Barker/Liaison,Peter Marsh, Cory Blackman,Terry License,Bill Almond,Monte House,and Larry Wexler.Trustee Barker stated that in lieu of all groups individually expending their advertising efforts,all will be united to achieve a top quality effort.The Town will retain its oversight responsibilities regarding expenditures. It was moved and seconded (Hix/Marshall)the concept of the Advertising Advisory Council be approved,and it passed unanimously. 11.Town Administrator’s Report: A.Stanley Hall Preservation Roof Contract -Approval. Contract Officer Art Anderson provided a memorandum reporting on the outcome of the bid for re—roofing of Stanley Hall: Board of Trustees -September 9,1997 -Page 5 Apex Roofing No Bid Douglass Roofing $36,094 Sunburst Roofing $13,366* *Includes $624 of additional work not covered in the original bid requested,but determined to be in the best interest of the project. References have been validated for Sunburst,and staff is recommending the bid,plus $1,000 for structural stabilization on the roof,be awarded to Sunburst Roofing.It was moved and seconded (Baudek/Hix)the bid in the amount of $13,366 submitted by Sunburst Roofing,plus $1,000 as noted above,for a total not- to-exceed $14,366 be accepted,and it passed unanimously. B.Town Board Agenda Format.Administrator Kiaphake suggested a Town Board Comment section be added to the Agenda for the Trustees and staff to respond in an organized manner to questions raised at Town Board meetings.It was moved and seconded (Hix/Barker)the Town Board Agenda format be amended to include “Town Board comments”following the Public Comment section, and it passed unanimously. C.Administrator Klaphake requested the Trail Gazette print a retraction regarding photographs used in the editorial dated September 5th regarding the Town’s clean—up efforts.All three photos were of properties outside Town limits,and the Town had previously requested the County inspect and/or cite the properties in question.The Town’s previous “Clean Up Week”has been revised/refocused to river cleanup. The landfill objected to numerous trash bags filled with pine needles;the Town continues to promote clean—up efforts. D.Video.The video entitled:“Municipal Government: Where Your Voice is Heard”,prepared by the Colorado Municipal League was viewed. Note:Due to Veteran’s Holiday on Tuesday,November 11th the Town Board meeting will move to Wednesday,November 12th at 7:30 p.m. There being no further business,Mayor ProTem Doylen adjourned the meeting at 8:59 p.m. Susan L.Doylen,May25/ProTem I -i& Vickie O’Connor,Town Clerk