HomeMy WebLinkAboutMINUTES Town Board 2003-02-25ITown of Estes Park,Larimer County,Colorado,February 25,2003
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 February,2003.
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
State Senator Steve Johnson and
State Representative Kevin Lundberg
Larimer County Commissioners Tom Bender,
Glenn Gibson and Kathay Rennels
Absent:None
Mayor Baudek called the meeting to order at 7:00 p.m.and introduced State Senator
Steve Johnson and State Representative Kevin Lundberg.Senator Johnson noted
his appreciation for the cooperative working relationship with Estes Park,and reported
on major budget cuts in 2003 and 2004 (a portion of the tourism funding has been
retained);a new bill that would allow an Estes Park Marketing District to be formed;and
an affordable housing bill where he is working with Town Attorney White to ensure
Estes Park and his district will not be harmed should the bill be passed.
Representative Lundberg expressed his appreciation to the Town for their hospitality
this evening,and he commented on his first few weeks of office,his District 49 (Estes
Park district),and he encouraged residents to contact him by e-mail:
kevinkevinlundberg.corn.
Assistant Town Administrator Repola provided a summary of the Citizens Information
Academy (CIA).A graduation ceremony followed,with Mayor Baudek presenting
Participation Plaques to the following:
Peter F.Bolay Peggy Campbell M.Paul Garrett
Mary Ellen Garrett Kay Gibbs Bruce Grant
Alice Gray Charles B.Hall Barbara Hoffman
Wes Hoffman Sarah Holdt John C.Mason
Dennis Minard A.Joe Minker Ralph Nicholas
Marlys Poison Andrew Purdes Joan Sapp
Don Saucier David Tavel
Everyone in attendance was invited to attend the Graduation Reception planned in the
Lobby during Intermission.
Board of Trustees -February 25,2003 -Page 2
PUBLIC COMMENT
Mary Ellen Garrett commented on the CIA Academy,complementing staff for a job well
done,and announced a Community Forum March 6th to discuss the pros and cons of
the potential war on Iraq.
TOWN BOARD COMMENTS
None.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated February 11,2003.
2.Bills.
3.Committee Minutes:
A.Utilities,February 13,2003:
1.Black &Veatch Consultants —Scope of Services for Light and
Power 5-yr.Financial Plan,$9,800.
2.Cornerstone Engineering —Scope of Services for Marys Lake Raw
Water Pump Project,with Cornerstone acting as General
Contractor,$706,150,plus $10,000±for the cost of a Performance
and Payment Bond.
B.Public Works,February 20,2003:
1.Proceed with Community Reinvestment Fund Projects:Sidewalk
Heater Installation,$25,000,and AudibleNisible Pedestrian
Countdown Timers at Moraine/Elkhorn Avenues,$8,000.
It was moved and seconded (Doylen/Gillette)the consent agenda be approved,and
it passed unanimously.
2.ACTION ITEMS:
1.JOINT MEETING WITH LARIMER COUNTY COMMISSIONERS —
INTERGOVERNMENTAL AGREEMENT -LARIMER COUNTY OPEN LANDS
SALES TAX DISTRIBUTION.Mayor Baudek introduced County
Commissioner Tom Bender who then introduced Glenn Gibson and Kathay
Rennels.Town Administrator Widmer and Larimer County Assistant
Administrator Neal Gluckman reported that the objective of the IGA is to
equitably distribute to Johnstown and Windsor a proportional share of the
Larimer County Parks and Open Lands sales tax collected from businesses
within those communities.The original concept of the open lands sales tax
included a sharing of the revenues from the tax with the communities in the
county for use on open lands and parks projects.The ballot specified that the
sales tax must be distributed 55%to the municipalities and 45%to Larimer
County.The municipality’s share is based on either the proportion of tax
collected from the municipality or the proportion of county population residing
in Larimer County,whichever is higher.When the ballot passed,there were no
municipalities straddling the County line.A clause in the ballot language
stated that the share-back provisions of the ballot apply to municipalities wholly
within Larimer County.Since that time,Windsor and Johnstown have annexed
into Larimer County,and Berthoud has annexed into Weld County.Berthoud
has continued to receive a share of the open lands tax;however,Johnstown
and Windsor have not,even though businesses in those towns within Larimer
Board of Trustees -February 25,2003 -Page 3
County do collect the sales tax.Johnstown and Windsor do not have a funding
source for open lands projects,thus their ability to partner with the County and
other jurisdictions on projects has been limited (matching funds for other
dollars,such as GOCO).
Therefore,the proposal is for all the communities in Larimer County to enter
into an Intergovernmental Agreement to allow Johnstown and Windsor to
receive a share of the open lands sales tax revenue collected from businesses
in their communities.Additionally,the County would take the previous pool of
funds and recalculate the distribution.
In Town Attorney White’s memorandum dated 2/13/03 concerning Paragraphs
4 and 6 of the IGA and potential TABOR implications,he requested the
following amendment:“The municipalities of Loveland,Fort Collins,Estes
Park,Berthoud,Timnath,and Wellington wish to pay...”to “...to relinquish
its portion of the tax to Windsor and Johnstown.Commissioner Rennels
confirmed that the amendment would be submitted to the County Attorney.As
there were no public comments,it was moved and seconded
(Newsom/Doylen)the IGA,as amended by Town Attorney White,be
approved,and it passed unanimously.
2.ROCKY MOUNTAIN NATIONAL PARK UPDATE.RMNP Superintendent
Vaughn Baker briefed the Trustees on the following:(1)drought (RMNP is
85%of normal due to recent snowfall);(2)Elk Management Plan (previously
approved by the Town Board)will soon be approved by the Cob.Div of
Wildlife and Larimer County.The next step will be the public meeting process;
(3)testing has commenced on “Chronic Wasting Disease”—testing is slow-
moving as a veterinarian must be present;(4)the “fast-pass lane”at the
Beaver Meadows entrance was disrupted,however,the project is now on
course and should be available to annual pass holders by the end of Match;
and (5)a decision is imminent on the Twin Owls access.
Tony Schetzsle,Assistant Supt.,reported on:(1)pursuant to a fee
demonstration,RMNP will retain 80%of entrance fees for projects inside
RMNP;(2)distributed copies of the 2003 Facility Management Projects by
Location at RMNP:the Bear Lake Contract will bid 6/3/03 with a completion
date of 10/04/03;(3)a fire map was displayed—4 prescription burns are
proposed (181 acres)and the Park must follow stringent State regulations.
Staff anticipates establishing a permit process by this spring that would allow
public access to and removal of stacks of firewood.(4)On February 20th the
Dept.of Interior released budget funding;and (5)the continued use of
snowmobiles in RMNP has been approved for over 100 miles of trails on
adjacent Arapahoe Forest and a 16-mi.route on Trail Ridge Road to Milner
Pass.
Mayor Baudek expressed the Board’s appreciation for the reports.
3.ESTES PARK VOLUNTEER FIRE DEPARTMENT 2002 ANNUAL REPORT.
Fire Chief Scott Dorman presented the Department’s 2002 Year-End Report:
Election of Officers (Daryl McCown,15t Assistant Chief,Robert Hirning,2J,d
Assistant Chief,Will Birchfield Secretary,and Doug Deats Treasurer),
Financial Report,Training Report and Incident Run Report.Following
further clarification on EMT calls,the limit of 40 members due to Pension Fund
restrictions,Mayor Baudek commended the Chief for the report and EPVFD for
a job well done.
Board of Trustees -February 25,2003 -Page 4
Mayor Baudek announced an intermission at 8:05 p.m.in honor of the CIA
Graduates.
Mayor Baudek reconvened the meeting at 8:25 p.m.and read a plaque honoring
Cory Blackman for his service to the Town as a member of the Marketing
Advisory Council and Advertising Policy Committee,1998-2003.
4.PUBLIC HEARING:KNOLL-WILLOWS MASTER PLAN.Mayor Baudek
opened the public hearing,and Community Development Director Joseph
presented the Executive Summary of the Knoll-Willows Master Plan:contains
approximately 20 ac.,it is in a natural state,the Willows portion is a wetlands
and riparian area,the uplands portion is referred to as the “Knoll”,the site
contains two historic structures—both built by Al Birch in the early 1900’s,and
an existing small cabin at the edge of riparian area is in good condition.
Director Joseph reviewed the history of the project,including the roles played
by the Estes Valley Land Trust (contribution of $210,000 toward the land
purchase);the Knoll-Willows Conservancy Group;Citizens Knoll Advisory
Council,and the Town.The Council is to be commended for their willingness
to join the process.The Mission Statement was read aloud,and a review of
the Goals,objectives,Policies,Trails and Use Restrictions followed.
The Master Plan strikes a balance between accommodating enjoyment of the
site and deferring protecting natural character of the site.The cost for final
design and construction improvements is estimated between $300,000-
$350,000.Construction could be phased if required,and funding is currently
budgeted in 2003-2004.
Discussion followed regarding historical uses on the cliff (Christmas display),
parking,accessibility for able-bodied and disabled persons,as in other Plans,
this Master Plan could be revised,and pets.Public testimony was heard from:
M.Paul Garrett (public safety,particularly with the cliff area),Enda Mills Kiley
(this is an outdoor opportunity for all to enjoy),George Hockman (suggested
the handicapped designation of only two parking spaces,and that all the
spaces be widened for use by handicapped and able-bodied persons alike.),
Judy Haggard/League of Women Voters (supports the Master Plan and urged
its adoption,and commended the Town,Knoll-Willows Conservancy,and the
Land Trust.)
Concluding all public testimony,Mayor Baudek closed the public hearing.It
was moved and seconded (Newsom/Jeifrey-Clark)the Knoll-Willows Master
Plan be approved.Trustee Habecker stated that although funding has been
budgeted,this project may not receive top priority status due to the drought,
economy,and wildfires.Town Administrator Widmer confirmed that approval
of the Master Plan does not authorize the funding;plans/bids,etc.will be
submitted to the appropriate committee for full consideration/review prior to
any expenditure of funds.Mayor Baudek expressed his appreciation to
EPURA,Land Trust,Advisory Council,and Town Board for helping to preserve
“a jewel in our midst.”The motion passed with Trustee Gillette voting “No.”
5.MANAGER REGISTRATION —OLD GASLIGHT PUB,246 MORAINE AVE.,
HOTEL &RESTAURANT LIQUOR LICENSE.Town Clerk O’Connor reported
that manager registrations are generally processed administratively,however,
pursuant to the incidents reported by the Police Department on this
application,it was being submitted to the Town Board for consideration.Police
Chief Richardson added that the incidents occurred while the applicant was
Board of Trustees -February 25,2003 -Page 5
over the age of 18,and under 21.Town Attorney White explained the grounds
fordenial and that such would not apply in this case as the incidents were not
technically crimes,and the applicant was not convicted of a felony.Mr.
Andrews noted he intends to run a family operation,that the bar will be
managed by an older brother,and that he intends to participate in T.I.P.S.
Training.Discussion followed on the flawed application and personal history
record form;confirmation that the manager is subject to the same laws as is
the licensee (LAB Properties,Inc.).For the record,Trustee Barker stated:“he
is not concerned with the applicant’s age,but that his decision-making process
has been called into question by the choices the applicant has made.The
Town Board takes underage drinking and serving very seriously.He will vote
for approval of the application not because he supports the application,but
because the Board does not have the ability to say no.”Concluding all
discussion,it was moved and seconded (Habecker/Newsom)the Manager
Registration for Cavender Andrews be approved,with the applicant
correcting and resubmitting his application and personal history form,
and it passed unanimously.
6.TOWN ADMINISTRATOR’S REPORT.
Economic Indicators.Administrator Widmet distributed year-end statistics on
RMNP visits,traffic counts,transfer station,and sales tax revenues.As stated
previously,the downward economic trend remains a significant concern.
EPURA has begun work on economic proposals and they will be presented to
the Town Board in the near future.
Following completion of all agenda items,Mayor Baudek adjourned the meeting at 9:40
p.m.
Vickie O’Connor,Town Clerk
E
Baudek,Mayor