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TOWN OF DEER TRAIL, COLORADO

BOARD OF TRUSTEES

Regular Meeting

April 5, 2005

CALL TO ORDER

The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, April 5, 2005 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Tink Rector called the meeting to order at 7:03 p.m.

ROLL CALL

Mayor: Tink Rector  Trustees Present: Gary Lavoie, Russell Ness, Tami Stoumbaugh, Dutch Venter

Staff Present: Patti Owens, Town Clerk

APPROVAL OF AGENDA

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve the agenda. The motion carried.

APPROVAL OF THE MINUTES

TRUSTEE STOUMBAUGH MOVED, TRUSTEE NESS SECONDED to approve the March 1, 2005 regular meeting minutes. The motion carried.

PUBLIC PARTICIPATION

No one in attendance had comments.

REPORTS

Water & Sewer

-Readings

The Town Clerk reported water usage for the month of March, 2005 was 1,488,600 gallons. The sewer flow meter recorded readings of 38,093 gallons of flow per day in March.

Drainage Study Grant

Mayor Pro Tem Tami Stoumbaugh and Town Clerk Patti Owens attended the state Energy/Mineral Impact Assistance meeting on March 23 in Denver. Mayor Pro Tem Stoumbaugh presented the Town's grant application for the drainage study and tentatively obtained a $10,200 award. The award will become official upon written notification.

Water System Inspection

The Board reviewed the results of the Town's compliance inspection of the water system which was conducted December 16, 2004 by the Colorado Department of Public Health and Environment. The report noted that the 50,000 gallon overhead storage tank's overflow pipe is not property screened and it should be extended to within 12 inches of the ground with a splash pad.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to authorize Utility Service Co., Inc. to extend the overflow pipe on the 50,000 gallon overhead storage tank to ground level, equip it with a proper screen or flapper on the end, and prime and finish paint it to match the tank at a cost of $6,540. Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Venter  NO: None

ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

A splash pad will also be installed.

The Cross-Control Ordinance will be updated.

CIRSA Loss Control Audit

The Board reviewed Colorado Intergovernmental Risk Sharing Agency's annual loss control audit which was conducted on February 23, 2005.

Impact Fees

Per Board request, Town Attorney Stan Kimble provided information on impact fees. More discussion will be held at the May 3, 2005 regular Board meeting.

APPROVAL AND PAYMENT OF BILLS

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve the payment of the bills. Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Venter, Lavoie  NO: None  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

UNFINISHED BUSINESS

Sewer Project

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to meter the bulk water used by Interstate Irrigation, Inc. during the sewer project, but not to bill them. The motion carried.

Fencing around the generator near the lift station at Hwy. 40 and Ivy St. will be discussed a later time.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to give Mayor Rector sole authorization to approve sewer project change orders that are within the budget. The motion carried.

The Board reviewed the sewer project timeline submitted by Interstate Irrigation, Inc.

TRUSTEE NESS MOVED, TRUSTEE LAVOIE SECONDED to authorize installation of manhole risers on the sewer project manholes at a cost not to exceed $2,500. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Lavoie Ness  NO: None  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

The original sewer project plans include boring under Cedar Street at two locations for installation of sewer main lines. According to Interstate Irrigation, Inc. boring under Cedar Street would cost the Town approximately $8,000 more than if the street was cut. CDOT is opposing the street cuts. According to Town Attorney Stan Kimble, C.R.S. 43-2-135(1)(d), states that the Town has the right to open the surface of that street as long as it is repaired promptly and to its original condition. Per Stan Kimble's advice, the Town will ask GMS, Inc. to contact CDOT for a satisfactory answer why the cuts shouldn't be made. Kimble suggested the Town contact their state representatives to assist in this matter.

TRUSTEE VENTER MOVED, TRUSTEE LAVOIE SECONDED to redraft the sewer project plans to authorize street cuts in Cedar Street for sewer main line installation, rather than underground boring, at a savings to the Town of approximately $8,000. Voting was as follows:  YES: Stoumbaugh, Venter, Lavoie, Rector  NO: Ness  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to authorize GMS, Inc. to contact CDOT regarding street cuts across Cedar Street, and if they do not receive a satisfactory answer why the cuts can't be made, contact our state representatives. Voting was as follows:  YES: Venter, Lavoie, Ness, Rector, Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

CDBG Subgrantee Agreements

TRUSTEE LAVOIE MOVED, TRUSTEE VENTER SECONDED to approve the Arapahoe County Community Development Block Grant Agreements for Street Paving and for Curb and Gutter. Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Venter

NO: None  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

Ordinance 223 - Water and Wastewater Rates

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to adopt Ordinance 223 amending Town ordinances relative to usage rates to be assessed to those residents and nonresidents who use or who are connected to the Town water and wastewater system. Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Venter, Lavoie  NO: None  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED that the June 1, 2005 water and sewer bills reflect the change in usage rates prescribed by Ordinance 223. The motion carried.

Trustee Lavoie expressed concern that the Town did not have specific rates for water taps larger than ¾"

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH MOVED to set tap rates as follows: ¾" $3,500; 1" $5,000; 1 ½" $6,500; and 2" $8,000. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

An ordinance representing the changes in tap fees will be presented at the May 3, 2005 board meeting.

Turecek Estates

Helen Turecek asked the Board if water and sewer taps are available for purchase at Turecek Estates. She also asked if her annexed property could be developed in phases.

The Board responded that water and sewer taps are available for purchase at a cost of $3,500 each for water and sewer taps and that development would be allowed in phases.

A drainage study is a requirement of Mrs. Turecek's development and she was told she could participate in the Town's upcoming drainage study.

NEW BUSINESS

Christmas Decorations

Susan Eldringhoff, Pam Stoumbaugh, and Cheryl Vashus, representing the Deer Trail Jockeyettes, presented a plan to the Board for new Christmas decorations. The Jockeyettes asked permission to erect four poles along Cedar Street, across the street from existing poles. During the Christmas season, decorations will be strung over Cedar Street at First, Second, Third, and Fourth Avenues, as well as at the existing poles on Fifth Avenue. The poles have been donated as well as labor to set the poles. The Jockeyettes will be asking for donations for the remaining expenses for the project. The Jockeyettes were given permission to erect the poles. When costs of the project are known, the Board will consider a donation.

Park Restrooms

Representing the Pioneer Historical Society, Susan Eldringhoff expressed concerns about vandalism at the restrooms at Centennial Park. After discussion, the Board decided that the restrooms will remain locked at all times, but beginning May 1, keys will be available to anyone who requests them.

Abandoned Buildings

Susan Eldringhoff asked the Board what could be done about abandoned, dangerous buildings on First Avenue. The Town Attorney will be contacted for information on the process to enforce the Town's Dangerous Building Ordinance and to write letters to property owners.

Water/Sewer Tap

Monte Johnson asked the Board if it would be possible to purchase two water taps and two sewer taps for two lots at 260 First Avenue. The Board agreed that as soon as Mr. Johnson submitted applications and fees, tap permits would be issued.

The Board took a five-minute break.

The meeting convened at 8:40 p.m.

Railroad Right-Of-Way Parking Lot

Glenn Kunkel would like permission to construct a parking lot on the Town's leased portion of the railroad right-of-way across Highway 40 from the Brown Derby in the Spirit of the Prairie Park. Several members of the Deer Trail Jockeyettes, the group which initiated improvements in the park in past years, expressed concern that the parking lot would detract from the beautification of the park.

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to deny construction of a public parking lot on the leased railroad right-of-way in the Spirit of the Prairie Park. The motion carried.

J & F Mobile Home Park Water Taps

Following a major water leak, Glenn Kunkel, on behalf of J & F Mobile Home Park, asked the Town for two additional ¾" water taps, bringing the total number of taps in the park to four, servicing 16 trailers. Kunkel requested a waiver of the tap fees for the two new taps.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve two ¾" water taps at the J & F Mobile Home Park at a cost of $3,500 each. The motion carried.

Property at 1075 Eighth Ave.

Wanda Lambert is trying to sell her property at 1075 Eighth Ave. In 1997, Lambert was issued a building permit from the Town to build a garage on Eighth Ave. Lambert is asking for something from the Town to guarantee the garage will not be disturbed in the future. Vacating Eighth Avenue was discussed as was a 99-year lease. Information from Town Attorney Stan Kimble was reviewed.

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to vacate Eighth Avenue from Arapahoe County Road 217 to Ivy Street. The motion carried.

The vacation will be presented in an Ordinance at the May 3, 2005 meeting.

Agreement for Services with Arapahoe County

TRUSTEE STOUMBAUGH MOVED, TRUSTEE NESS SECONDED to approve the 2005 Agreement for Services with Arapahoe County with a payment of $12,902.53 and request Town Attorney Stan Kimble to draft a letter to the County asking them to clarify the phrase "…similar to the law enforcement services provided in unincorporated areas of the County of Arapahoe…" Voting was as follows:

YES: Stoumbaugh, Lavoie, Ness, Rector  NO: Venter  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

Town Clean-Up Day

TRUSTEE NESS MOVED, TRUSTEE LAVOIE SECONDED to have Town Clean-Up Day on Saturday, May 14, 8 a.m. - noon, and contract with Complete Disposal, Inc. for two 30-yard roll-offs at a cost of $341.25 each with the possibility of ordering another roll-off on that day if needed. Voting was as follows:  YES: Lavoie, Ness, Stoumbaugh  NO: Venter, Rector  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

Town Clean-Up Day is for Town residents only. Families will be limited to one pickup load per family. Proof of residency may be required. The roll-offs will be located on Date Street between First and Second Avenues. Tree limbs will not be taken. The Town Clerk will contact Complete Disposal, Inc. for a list of other items that cannot be taken.

Fireworks

TRUSTEE VENTER MOVED, MAYOR RECTOR SECONDED to eliminate this year's fireworks display. Voting was as follows:  YES: Venter

NO: Lavoie, Ness, Rector, Stoumbaugh  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion defeated.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED the Town purchase fireworks from Stonebraker Fireworks Co. at a price not to exceed $3,000. Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Lavoie  NO: Venter  ABSTAIN: None  ABSENT: Haight, Wood

The Mayor declared the motion carried.

TRUSTEES' COMMENTS

The trustees had no comments.

ADJOURNMENT

TRUSTEE NESS MOVED, TRUSTEE STOUMBAUGH SECONDED to adjourn the meeting. The motion carried.

The regular meeting was adjourned at 9:10 p.m.

______________________________

Beryl H. Rector, Mayor

ATTEST

______________________________

Patti K. Owens, Town Clerk