HomeMy WebLinkAboutMINUTES Town Board 2002-06-25VTown of Estes Park,Larimer County,Colorado,June 25,2002
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 25th day of June,2002.
Meeting called to order by Mayor John Baudek.
Present:John Baudek,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
Stephen W.Gillette
David Habecker
Lori Jeffrey-Clark
G.Wayne Newsom
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Baudek called the meeting to order at 7:00 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Trustee Jeffrey-Clark commented on recent conferences where she represented the
Town at the NLC Small Cities Steering Committee and Colorado Municipal League.
Pertinent conference handouts will be shared with the Town Board.
Trustee Barker invited everyone to attend the June Summer Rodeo Series.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated June 11,2002.
2.Bills.
3.Committee Minutes:
A.Public Works,June 20,2002.
4.Liquor Licensing:
A.Resolution #14-02.Set public hearing date of July 23,2002 to
consider Change of Class Application filed by Colorado Poppy’s,
Inc.,dba POPPY’S,342 E.Elkhorn Ave.,from a Beer &Wine
Liquor License to a Hotel &Restaurant License.
B.Resolution #15-02.Set public hearing date of July 23,2002 to
consider a New Hotel &Restaurant Application filed by David &
Board of Trustees —June 25,2002 -Page 2
Yolanda Oehlman,Inc.,dba HUNTER’S GRILL &CHOP HOUSE,
1690 Big Thompson Ave.
5.Pawnee Meadows Subdivision —Preliminary Plat Time Extension from May
23,2002 to May 23,2003.
It was moved and seconded (Doylen/Gillette)the consent calendar be approved,
and it passed unanimously.
2.ACTION ITEMS:
STUDENT CONSERVATION ASSOCIATION FIRE EDUCATION CORP.
Scott StichaIRMNP introduced Suzanne Russo,Rky.Mtn.National Park
Team Leader,and Bob Bundy,Boulder County Team Leader,both with the
Student Conservation Association.The Board received an overview of this
nationwide program designed to help educate the community about wildfire
issues.A group of six interns will be available to assist homeowners to
become more “fitewise”and to help reduce the risk of property loss due to
wildfire.The community was encouraged to visit the website,firewise.org.,
and the Corps is available to the community to enhance education efforts.
Ranger Sticha commented on several of the Parks’on-going projects,the
Park’s pro-active stance pursuant to the 2000 fire season,and,for the first
time in history,fire suppression is being funded by the Dept.of Interior.
2.AUDITED FINANCIAL STATEMENT.Finance Officer Brandjord introduced
Wendy Swanhorst/Swanhorst,Dragon &Cutler/Auditors,who presented a
summary of the annual audit of the Town’s financial statements for the year
ended December 31,2001.The firm found good controls,no significant
errors,and suggestions for improvement were noted for the Town’s fixed
asset system and information systems.With a General Fund balance of $4.3
Million,the Town is in good financial condition.The Board acknowledged
receipt of the Audited Financial Statement,and commended the Finance
Dept.for their assistance on this project.
3.SENIOR CENTER IRRIGATION/LANDSCAPE PROJECT -APPROVAL.
Street/Park Superintendent Speedlin reviewed his memorandum dated June
21,2002,noting that this project consists of three phases:
1.Installation of a new water service line
2.Irrigation design and installation
3.Landscape installation.
The project total is $43,291,and Staff is proposing to fund Phases 1 and 2
in 2002 in the following manner:$7,500 from the Town,$7,500 matching
funds from the Senior Center,and $20,000 from a Coleman Foundation
grant,for a 2002 funding total of $35,000.
Phase 3 is estimated at $8,452.Following questions concerning fencing
and funding for shrubs,tree planting,water usage relative to sod vs.native
seed,it was moved and seconded (Newsom/Barker),the 2002 Funding
Request for Phase I and 2 for the Senior Center Irrigation/Landscape
Project be approved,and it passed unanimously.The Board commended
the Parks Dept.for the beautiful flower beds.
Town Administrator Widmer reported that the Dept.of Interior has banned all private,
public and professional fireworks displays on their property due to Colorado’s extreme
fire danger.And,pursuant to a citizen request,asked the Board to consider a
Board of Trustees —June 25,2002 -Page 3
presentation for a laser light show on July 4th Concurring with the request,the
following proposal was made:
LASERTAINMENT PRODUCTIONS —JENNA MacGREGOR.Pursuant to
the cancellation of this year’s fireworks display (sponsored by the Jaycees),
and concern for the negative affect to the community and sales tax revenues,
Ms.MacGregor contacted Lasertainment to provide a laser light show for
Estes Park.Ms.MacGregor’s proposal included the following:show cost
(show length 25-30 minutes,60’diagonal portable screen (actual size
40’x40’),coordinated to music,and sight and sound distance is unknown)
was negotiated down to $10,000;estimated list of expenses,such as
equipment rental,liability insurance,etc.=$6,180;volunteer assistance to
stage the event;fundraising;and site.EVRPD Exec.Dir.Gengler believes
that the Stanley Park Balifields could accommodate the performance and
spectators,and he is willing to arrange an emergency Board of Directors
meeting for approval of the Agreement for use of the grounds.Additionally,
the Dive Team had made prior arrangements to manage parking/fees and
help with trash collection.Donations:within 3.5 hours,pledges from area
merchants were received totaling $5,525 and Ms.MacGregor believes
continued support would be supplied.
Trustee discussion followed (adequate public safety controls—Chief
Richardson confirmed the Police Department will staff the event—Chamber
of Commerce participation,simulcast possibilities,feasibility of assistance
from the Town’s Special Events Coordinator due to pre-scheduled
events/time constraints,quality show,confirmation an FAA permit is not
required,advertising,and confirmation that the Town,if approved,would sign
the contract and be held responsible for the estimated expenditure of
$16,000).Thus,Trustee Habecker moved the Town be an active
participant in presenting a laser light show on July 4th authorizing the
Mayor to execute a Contract with Lasertainment Productions,and:(1)
that Administrator Widmer establish a team ASAP to stage the event,
(2)the Town serve as Guarantor of $5,000 if such funds are not raised,
(3)the Town execute the Agreement with the EVRPD,and (4)the
understanding that the Chamber of Commerce and!or Ms.MacGregor
will take the lead in soliciting donations.Trustee Gillette seconded the
motion.Trustee Barker encouraged the business community to continue
their donations.The Board commended Ms.MacGregor for her effort on this
event.
4.ORDINANCE #6-02 AMENDING CHAPTER 9.18 PERTAINING TO
SKATEBOARDS.ROLLERBLADES AND BICYCLES IN CERTAIN PUBLIC
AREAS.Police Chief Richardson reported that this regulation was
recommended for approval by the Public Safety Committee,and it restricts
skateboards,rollerbiades and bicycles in the following public areas:
>Riverwalk,from the east portion of the pedestrian tunnel under Hwy.36
to its west boundary at the west line of Tregent Park.
>Riverwalk from W.Riverside Dr.to Piccadilly Square.
All of Riverside Plaza.
>All of the Town’s Transportation Center.
>All municipal parking lots located within the Town’s Community
Development-Downtown Commercial District.
Additional restrictions for rollerblades and skateboards on public streets and
sidewalks,and for bicycles on public sidewalks appurtenant to a portion of
Elkhorn and Moraine Avenues were included.Town Attorney White noted
that these regulations already exist in the Municipal Code,this Ordinance is
Board of Trustees —June 25,2002 -Page 4
intended to simplify enforcement.Chief Richardson confirmed that this
regulation is actively enforced,appropriate signage will be installed pending
approval,and bicycles are allowed on public roadways,and would not be
allowed in public parking lots.Additionally,the EVRPD is providing parks for
skateboarding.Attorney White read the Ordinance,and it was moved and
seconded (Barker/Newsom)Ordinance #6-02 amending Chapter 9.18 be
approved,noting that the Ordinance includes an emergency clause that
provide the Ordinance will take effect and be enforced immediately after
its passage,and it passed unanimously.
5.ORDINANCE #7-02 AMENDING CHAPTER 9.20.050 PERTAINING TO
UNDERAGE POSSESSION AND CONSUMPTION OF ETHYL ALCOHOL.
Town Attorney White outlined this regulation pursuant to a request by
Municipal Court Judge Brown.In summary,the Town’s existing ordinance
and State Statute do not conform as it relates to the conviction for the
possession and consumption of ethyl alcohol on private property (such as
hotel,motel,etc.),and mandatory revocation of a drivers license if convicted.
Attorney White read portions of the Ordinance that were amended,including
the “emergency clause”for immediate enforcement.It was moved and
seconded (Newsom/Gillette)Ordinance #7-02 be approved,and it passed
unanimously.
6.ORDINANCE #8-02 AMENDING SECTION 9.12.010 PERTAINING TO
DOOR-TO-DOOR SOLICITATION AND ORDINANCE #9-02 AMENDING
CHAPTER 9.12.020 PERTAINING TO SOLICITING BUSINESS ON
STREETS (Public).Town Attorney White advised that,pursuant to recent
Court decisions,Municipal Code Chapters 9.12.010 and 9.12.020 must be
revised.Door-to-door solicitations as well as soliciting business on streets
affect commercial speech and ordinances must not restrict any potential
exercise of an individual’s first amendment rights.Both ordinances include
the “emergency clause”for immediate enforcement.It was moved and
seconded (Gillette/Newsom)Ordinance #9-02 be approved,and the motion
passed unanimously.
Town Attorney White provided clarification relative to “Green River
Ordinances and recent Supreme Court Decision.In summary,the Ordinance
would prohibit solicitation of funds or donations if a “No Solicitation”or “No
Trespassing”sign were posted on a premise.Additional clarification
followed,and Attorney White read the ordinance,including the “emergency
clause”for immediate enforcement,and it was moved and seconded
(Gillette/Jeffrey-Clark)Ordinance #8-02 be approved,and it passed
unanimously.
7.TOWN ADMINISTRATOR’S REPORT.
A.CIRSA 2001 Safety Award for “For Most Improved”.CIRSA has
recognized the Town with the Most Improved Safety Program Award for
2001.Assistant Administrator Repola and the S.M.A.R.T.Team were
praised for their efforts.
B.Sales Tax.Detailed sales tax revenue information has confirmed that
year-to-date,groceries are up 6.4%up (this represents 25%of the
Town’s economy),restaurants are down 13.8%,accommodations are
down 8.8%,and gifts are down 3.6%.It will be difficult to recover all
that is lost,and the “budget cut list”remains on hold for at least one
more month.
Board of Trustees —June 25,2002 -Page 5
Mayor Baudek invited the Trustees to join him for the Annual Car Show scheduled July
4th and assist him in presenting the “Mayor’s Award.”
Following completion of all agenda items,Mayor Baudek adjourned the meeting at 9:15
p.m.
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6lohn Baudek,Mayor
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Vickie O’Connor,Town Clerk
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