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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