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HomeMy WebLinkAboutMINUTES Town Board 1997-01-28Town of Estes Park,Larimer County,Colorado,.January 28..-.919. 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 .2ath .day of ....Jnuar.y;.,A.D.,99. at regular meeting hour. Meeting called to order by Mayor .. •L Dekker Present:Mayor Robert L.Dekker Trusteeusan L.Doyen, Mayor ProTem John Baudek, George J.Hix, William J.Marshall J.Donald Pauley Also Present:Gary F.Kiaphake, Town Administrator Gregory A.White, Town Attorney Vickie O’Connor, Town Clerk Absent:Jeff Barker,Trustee Mayor Dekker called the meeting to order at 7:30 p.m.and announced the AT&T Wireless presentation would be delayed pending arrival of the AT&T Representative. PUBLIC COMMENT: Louis O’Riordan expressed a difference of opinion with the Town Attorney concerning the ownership of Stanley Park,and opposes the weather station at Stanley Park discussed during the January 2,1997 Community Development Committee. CONSENT CALENDAR: A.Public Safety,January 16,1997. 3.Public Works,January 23,1997. C.Planning Commission,January 21,1997 (acknowledgment only). It was moved and seconded the consent calendar be approved (Hix/Pauley)and it passed unanimously. ACTION ITEMS: 1.Carry-over Resolution #2-97 for 1997 Budget.Finance Officer Vavra presented and reviewed the Carry—over Resolution for the 1997 Budget,and it was moved and seconded (Hix/Marshall)Resolution #2-97 be approved,and it passed unanimously. 2.A.Solar Mobile Radar Traffic Monitor.Police Chief Repola reviewed the traffic monitor which was recommended for approval by the Public Safety Committee.A monitor was tested in various areas for two weeks in November,1996. The monitor displays the speed,counts vehicles,and serves as a reminder to motorists to observe the posted speed limit.The monitor does not include a photo radar unit,nor does it issue tickets.The Dept.inspected two models,the Kustom,and the Precision.Chief Repola further explained the differences between both models and the maintenance, lease/rental options,with staff continuing to recommend the Precision at $375.50/mo.Funding is being shared with Public Works.It was moved and seconded (Narshall/Pauley) Staff be authorized to Lease/Purchase the Precision Solar Board of Trustees -January 28,1997 -Page 2 Control Model for 34 months at $375.50/month,including a Maintenance Agreement,and it passed unanimously. B.Ordinance #2-97 -Concealed Weapons.Chief Repola explained that this ordinance merely authorizes the Police Chief to require a fee of $100.00 for any concealed weapon application.The State Statutes authorize the issuance of concealed weapon permits by Chiefs of Police and Sheriffs; this authorization is not new legislation.However,as the Police Dept.did not have a permit policy in place,the Sheriff’s Dept.has been responsible for the issuance of this type of permit in Estes Park.The proposed ordinance is consistent with state law,and the Dept.has established a procedure that is very specific and methodical,and it will be applied to all.Staff researched this procedure and it is nearly identical to that used by Fort Collins.The Statutes also address liability concerns,and with permit issuance,the Town is not held liable.Staff reviewed the conditions of issuance,which in summary are:(1) reasonable terms for protection of pubic safety and welfare, (2)establishment of rules and regulations to implement issuance of concealed weapons permits,(3)the permit will lie valid for one year from date of issuance,(4)the permit is subject to revocation by the Chief for violation of any State Statute,Municipal Ordinance or Rule and Regulation of the Dept.,(5)the permit fee is $100 which is non- refundable,and the fee will be annually assessed for renewals,(6)permittees will indemnify and hold the Town harmless for any loss or damage imposed upon them as a result of any act or omission of the permit holder.In addition,the applicant must prove there is a threat to them or their family that cannot be addressed by the Police Dept. (an unusual circumstance that puts them at risk). Background checks will be conducted through state and national investigation (arrest records,convictions--CCIC network and national network).Applicants must also verify firearm proficiency from an NRA-approved course,and prove they are aware of and understand State Statutes relative to undue force.The Dept.will register/license the individual,and record the serial number of the weapon. Discussion followed on age requirements (addressed in the Statute),permit processing timeframe (permits will be processed as expediently as possible),and Dept. expectations on the frequency of applications (staff does not anticipate numerous requests).Chief Repola reported he has had requests for the permits in the past;however,they were referred to the Sheriff’s Dept.Permit fees will not be collected until a thorough review of the applicant has been accomplished. The permit would allow a concealed weapon to be carried on one’s person while they are moving about.Comments from the audience were heard from:Louis O’Riordan (read excerpts from the State Statutes pertaining to the U.S.and State Constitutions relative to the “right to bare arms”and “infringement”of said law,it was elitist (fee),and stated he would file a lawsuit with the Legislature and the Town if the ordinance is adopted).Attorney White reiterated that State law provides for the Police Chief to issue permits, and the Town is abiding by that law.Chief Repola added that the permit will only be issued to Town residents and for merchants who own businesses inside Town limits.Nicky Kane noted his opposition to the ordinance stating the permit is not needed,and that persons with alcohol,drug and/or mentally impaired disabilities with a “clean record” could receive a permit.Attorney White commented that prior to this ordinance,the Sheriff could issue such permits within the Town;adoption of this ordinance will give the Town/Dept.local control,which includes a well-regulated Board of Trustees -January 28,1997 -Page 3. procedure.Staff confirmed that a concealed weapon permit is valid anywhere in the state,subject to any local municipality ordinance/regulations.Jim Bass reported he has such a permit from Florida,and the general fears thus far expressed are groundless. Attorney White read the ordinance,and it was moved and seconded,(Doylen/Baudek)Ordinance #2-97 concerning the issuance of Concealed ,Weapons be approved.Attorney White clarified that the Town will be held harmless from any judgment.The motion passed unanimously. Mark Runge,AT&T Manager’for Northern Colorado ‘briefed the Trustees on the “Cellular in the Community Program”where 109 organizations have currently been given cellular telephones. Each year,AT&T receives over 400 requests from non—profit organizations.From these,the AT&T Selection Board selects 21, and the Estes Park Victims Assistance has been selected.They will receive a cellular phone and air time for two years;when the 2-yr.period is over,they retain •the phone.’Mr.Runge presented the phone to Director Debbie Emerinë,and she expressed her appreciation on behalf of the advocates.Mayor Dekker also expressed the Board’s appreciation. C.Animal Medical Center of Estes Park,Ltd.—Agreement.This agreement provides a place for impounded dogs in accordance with the Municipal Code.There has been no cost increase for the past six years.It was moved and secon4ed (Doylen/Pauley)the Agreement with the Animal Medical Center of Estes Park,Ltd.be approved,and it passed unanimously. D.Ordinance #3-97 -Street Addresses.Attorney White read the ordinance.Chief Repola reported that when,a caller dials 911,the Police Dept.accesses the addresses automatically;however,the physical address number may not be easily seen from the street.The Public Safety Committee’s purpose in recommending approval of this ordinance is to mandate address numbers that are easily seen from the street for all public safety agencies.The Town does not intend to issue tickets for nonconformity;the regulation will merely serve as a pubic,safety benefit in the long term.The Uniform Building Code addresses uniformity for all new structures,but citizens need to step forward and reason compliance themselves.The Public Safety Committee will review the ordinance again in one year. Stating that such a regulation is long overdo and in everyone’s best interest based on the growing community,it was moved and seconded,(Pauley/Marshall)Ordinance #3—97 Amending Chapter 12.16 relating to Street Addresses be approved,and it passed unanimously.Jim Bass questioned how he could obtain a standard street sign although he resides outside Town limits,and it was suggested he contact the Town during working hours.Mr.O’Riordan offered a suggestion that residents use large static cling numbers and place them in windows facing the street. 3.A.Elkhorn Avenue Tree Replacement -Authorization to Proceed. Public Works Director Linnane and Street/Parks Supt. Speedlin reported on the total of trees lost (59)(generally in the central business district)due to frosts and harsh winters in 1995/96.Following consultations with experts in the field,staff is recommending replacing trees in the tree grates with “Pat More”Green Ash,and Hackherry;and Aspen, Shubert,Chokecherry,and Conifers in the.planting beds. This mix of trees will also be planted in the new Municipal Par)dng Lot.It was moved nd seconded ‘fDoylen/Hix)the Elkhorn Avenue Tree Replacement Project ‘proceed,to be completed by Memorial Day,and It passed unanimously. Board of Trustees -January28,1997 -Page 4 - B.SCADA System/Marys Lake Water Treatment Plant -Approval of Budget Expenditure.Director Linnane noted that this project would authorize Motorola to reprogram the SCADA system:software upgrade and hardware chip retrofitting, and on—site personalized programming.It was moved and seconded (Doylen/Hix)staff be authorized to expend.$21,600 with Motorola for reprogramming of the SCADA System at Marys Lake Water Treatment Plant,and it passed unanimously. C.Castle Mountain/Fall River Roads Intersection Improvement - Approval of Contract with Kitchen &Co.Staff presented a drawing of the site and explained the improvements.This project is not budgeted,however,Staff believes that this intersection is one of the most dangerous within Town limits.The lowest bid in the amount,of $32,000 was submitted by Kitchen &Co.,and due to blasting variables, potential asphalt damage,earth cribbing,potential water well damage and construction management,staff is recommending a contingency of $l5000.The budget can be adjusted without negatively impacting the Street Improvement Program.Castle Mountain Road was a private-street until 1989.It was moved and seconded (Doylen/Hix)the Contract in the amount of $32,000 with Kitchen’&Co.1 plus a contingency of $15,000 for a total project cost-of $47,000 be approved,and it passed unanimously. D.Lake Estes Hike/Bike Trail,(Causeway)-Contract with G.1. Hoff -Approval.Director Linnane -reviewed Phase I which includes earthwork and Phase 2 which includes the concrete and Wapiti Bridge.Federal funding in the amount of 40%is anticipated;the project cost estimate is $522,680;and actual budget is $580,760.The estimated 1996 costs will need to be supplemented into the 1997 Budget.The recent stockpiling of materials resulted in a savings of $54,000. The goal is to have Phase I completed by April 1,and Phase II completed by June 1.It was moved and seconded (Doylen/Marshall)the Contract with G.I.Hoff in the amount of $223,031.05 be accepted,and it passed unanimously. E.Office Furniture -Approval..Two bids were received for new office furniture for the receptionist area (public)in the Utilities/Engineering Section.It was moved and seconded (Hix/Pauley)the bid in the amount of $7,000 submitted by Boulder Commercial be approved,and it passed unanimously. 4.Rocky Mountain Discount liquor,350 W.Riverside Dr.,Retail Liquor Store License —Transfer of Ownership from Akron Diesel &Sales,Inc.to Young Hee Kim.Clerk O’Connor stated the application was in order,and it was moved and seconded (Pauley/Baudek)the Transfer of Ownership be approved,and it passed unanimously. 5.Ordinance #4-97 —Vacation of Easement for Knoll Property. In a memorandum dated January 28,1997,EPURA Executive Director Anderson explained that a general easement was placed on the plat by Stanley Commercial Development to protect future access to Lots 1 and .3 for the planned Factory Outlet Stores on Lot 2.EPURA has since purchased Lots and 3,and to facilitate a clear title,the general easement must be removed.Attorney White read the ordinance, and Administrator Kiapliake reviewed a drawing.It was moved and seconded,(Hix/Marshall)Ordinance #4-97 vacating an easement for the Knoll Property lie approved,and it passed unanimously.When the purchase of Lot 2 is complete,EPURA will own Lots 1,2,and 3,and the access question will not be an issue. 6.Town Administrator’s Report.Administrator Klaphake reported that all General Fund Budgets have been reduced by 2%which equates to $137,523.This action was mandated due Board of Trustees -January 28,1997 -Page 5 to revenue projections,and if additional reduction is needed,staff will update the Board. There being no further business,Mayor Dekker adjourned the meeting at 9:15 p.m. ..IQ,&.aLAC_ Robert L.Dekker,Mayor Vickie O’Connor,Town Clerk