HomeMy WebLinkAboutMINUTES Town Board 2005-04-12Town of Estes Park, Larimer County, Colorado, April 12, 2005
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 12th day of April, 2005.
Meeting called to order by Mayor John Baudek.
Present:
Also Present:
John Baudek, Mayor
Susan L. Doylen, Mayor ProTem
Trustees David Habecker
Lori Jeffrey -Clark
Chuck Levine
Wayne Newsom
Randy Repola, Town Administrator
Vickie O'Connor, Town Clerk
Gregory A. White, Town Attorney
Absent: Bill Pinkham, Trustee
Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PRESENTATION: Mayor Baudek presented a Plaque to Greg White, Town Attorney
commemorating 25 years of service as Town Attorney for the Town of Estes Park.
Attorney White expressed his appreciation to the Mayor, Board of Trustees and Staff.
PUBLIC COMMENT.
Byron Hall expressed his appreciation to Attorney White on his informative
presentation concerning water law during a Citizens Information Academy Class and,
as President/Association for Responsible Development, noted the organization's
opposition to any extension of EPURA. Mr. Hall suggested the Board carry on an open
dialog on this subject. Mayor Baudek confirmed that public hearing(s) would be
conducted concerning any extension of EPURA.
TOWN BOARD COMMENTS
Trustee Habecker commented on religious beliefs; individuals should not be coerced;
commented on the recall election results; and protests on religious and moral grounds.
In closing, he commented on the competency of the Board of Trustees and Staff, the
Home Rule process may not be easy nor resolve conflicts, regarding a marketing
district, the Town's assets should be leveraged, the Town Board's role is to set policy
and goals not manage day to day operations. Trustee Habecker recited his version of
the Pledge of Allegiance.
Mayor Baudek and Trustee Doylen expressed their appreciation to Trustee Habecker
for his service to the community.
Concluding all comments, Mayor Baudek declared a 5-minute recess at 7:13 p.m.
Mayor Baudek reconvened the meeting at 7:19 p.m.
1. SPECIAL RECALL ELECTION:
A. Election Results Report. Town Clerk O'Connor presented the Final
Report for the Special Recall Election held March 22, 2005:
Board of Trustees — April 12, 2005 — Page 2
QUESTION:
Shall David Habecker
be Recalled from the
Office of Trustee of
the Town of Estes
Park?
ABSENT
VOTER
PRECINCT
YES = 190
NO = 151
PRECINCT
#1
713
454
TOTAL NO.
OF VOTES
CAST
903
605
CANDIDATES:
Garry Bloom
34
156
190
John Ericson
87
250
337
Richard Homeier
108
358
466*
Dorathea Sloan
66
183
249
The Total Registered Voters for this election was 4,153; Absentee &
Provisional Votes Cast were 341; and the number of votes cast on
Election Day were 1,167; resulting in a 36.31% voter turnout.
Municipal Judge Brown and Deputy Clerk Williamson assisted Clerk
O'Connor in performing the "Official Canvas of Votes" and have declared
Richard Homeier duly elected.
The total estimated election expenses are $5,622.36 pending receipt of
one additional invoice.
B. Official Swearing -In of Trustee Elect Richard Homeier. Municipal Judge
Brown conducted the Official Swearing -In of Trustee Elect Homeier.
C. Committee Assignments — Mayor Baudek presented the following
Committee and Town Board Goal Team Assignments:
• Trustee Homeier:
Member — Public Safety Committee
Member— Public Works Committee
Trustee Liaison — Estes Valley Planning Commission
• Trustee Levine:
Chairman — Public Works Committee
• Trustee Pinkham:
Member — Community Development Committee
Trustee Liaison — Advertising Committee
D. Town Board Goal Teams:
• Trustee Homeier:
Member — Goal Team 5 — Transportation and Parking
Improvements.
Member — Goal Team 6 — Stanley Park Improvements &
Implementation Plan.
2. CONSENT AGENDA (Approval of):
A. Town Board Study Session, March 17, 2005, and Town Board Minutes
dated March 22, 2005.
B. Bills.
C. Committee Minutes:
Community Development, April 7, 2005:
Board ofTrustees —April 12,2DU5—Page 3
Gpeni,a|Event Dept:
1. Contract Approval: (1) 2005 Christmas Parado, November 25
Leslie2005 with Williams,$10000(2) Rocky Mountain Team
Penning . September 16-1O.2OO5; and(3) Colorado Hunter -
Jumper 2005.
2. Minolta Copier Machine, $11.813(Budgeted Item).
Cnmmur/KyDevelopment Dept.:
1. Fee Waiver: Neighborhood Subdivision (attainable huuning).
|twas moved and seconded(Doylnn/Lnvino)the consent agenda bmapproved,
and hpassed unanimously.
A. INTRODUCTION OF STEVE K0cFARLAND, FINANCE OFFICER AND
APPROVAL. OFOFFICIAL APPOINTMENTS. Town Administrator Rapo|a
officially presented newly -hired Steve McFarland/Finance Offioor, and the
following appointments were confirmed:
1 Town Treasurer (Finance Officer and Town Clerk ProTom).
2. ^.»oretary. Building Au1hority, completing o 3-your Term, expiring
/01106.
3. reaauror, Firemen's Pension Board, completing a 2-Year Term,
4. ~o|icemens Pension Board, completing a 2-Year Term. expiring
5. «ma|Team #1
— Create an Overriding Plan or Strategy for Futuna
— CVB Rehabilitation/Renovation of Visitor Facility.
Stanley Park Implementation Plan.
Officer W1o'arlandexpressed appreciation for the vote ofconfidence.
B. REGOLUT0N #10-05 —CDNTRACTVVITH C.O.O.l[ FOR FISH CREEK
H|KE8B|K.- TRA|L, PHASE 3. Construction/Facilities Manager Sievers
presented he Resolution adding that the Public Works Depi applied for and
received a minimum 80/20Y6 matching State Funding Grant for Phase |U of
the Fish C eekTnaii This proposed phase will connect the existing Hwy. 7
Trail with t e current ending point of the Fish Creek Trail, Phase || on Scott
Ave. The Inant amount is $184.800 and the Town'e portion is o minimum of
$35.000 (wudgehed). The Resolution officially enters the Town into the
CDOT Co boot Agreement. Construction is expected next spring, 2006
Staff close y monitors grants that become available throughout the years, and
a pro-aoti e stance is maintained. It was nmmxmd and seconded
(Ne*mom/n.ny|en) Resolution #10'08 be oppnnvmd, and it passed
unanimously. Town Administrator Repo|a commended Public Works Staff
y@ambore ~ieveroand Button for their continued effort ongrant applications.
ON #9-05 — SETTING AUGUST 2, 2005 AS SPECIAL
�DATE FOR THE PURPOSE OF (1) FORMING ACHARTER
ON AND (2) ELECTING CHARTER COMMISSION MEMBERS
2 A CHARTER. Town Attorney White read the Resolution
1 the August 2. 2005 spooial election date that included the
Board of Trustees — April 12, 2005 — Page 4
Shall the Town of Estes Park, Colorado form a home rule charter
commission?
C Yes
No
It was moved and seconded (Levine/Doylen) Resolution #9-05 be
approved, and it passed unanimously. Clerk O'Connor noted that candidate
nomination petitions would be available April 15th through May 13`h
D. APPOINTMENT — ESTES PARK URBAN RENEWAL AUTHORITY —
COMPLETE 5-YR. TERM VACATED BY TAMARA JAROLIMEK, TERM
EXPIRING 9/14/07. Mayor Baudek requested approval of the appointment of
John M. Ericson, Jr. to complete the 5-yr. term vacated by Tamara Jarolimek.
It was moved and seconded (Doylen/Levine) Mr. Ericson be so appointed
with his term expiring 9/14/07, and it passed unanimously.
E. LIQUOR LICENSING: TRANSFER OF OWNERSHIP — FROM KATHLEEN
A. DUEMIG ENTERPRISES, INC., dba WAPITI BAR & GRILL TO
MONTEGO BAY ENTERPRISES, INC. dba WAPITI RESTAURANT AND
PUB, TORY NELSON, 247 W. ELKHORN AVE., TAVERN LIQUOR
LICENSE. Town Clerk O'Connor presented the application transferring the
Tavern Liquor License to Montego Bay Ent., Inc./Tory Nelson. Regarding
required T.I.P.S. training, the Applicant must provide confirmation of
successful completion of the course. Mr. Nelson commented on the transfer,
and Mayor Baudek urged Mr. Nelson to comply with Liquor Laws, particularly
avoiding liquor sales/service to minors. It was moved and seconded
(Doylen/Newsom) the Transfer Application filed by Montego Bay Ent.
Inc., dba WAPITI RESTAURANT & PUB for a Tavem License be
approved, and it passed unanimously.
F. PUBLIC HEARING — FALL RIVER SECOND ADDITION AND THIRD
ADDITION ANNEXATION REQUEST — RESOLUTION #10-05 &
ORDINANCE #6-05 — PUBLIC HEARING. Mayor Baudek opened the Public
Hearing and Attorney White briefed the Board on three Fawn Valley property
owners who have expressed their desire to withdraw from the annexation.
Staffs recommendation is to find the properties eligible for annexation and,
based on the three property owners, deny the annexation. State Statute
does not allow municipalities to omit properties from the petition as they are
all contained on the plat. Staff could proceed with a new annexation
submittal with those remaining Fall River properties voluntarily desiring to
annex. It was moved and seconded (Doylen/Levine) the Town finds the
properties eligible for annexation; however, the annexation as
presented be denied, directing Staff to proceed as noted above. Mayor
Baudek noted that annexation is indeed voluntary and if for any reason
property owners do not wish to proceed, annexation should be rejected. The
motion passed unanimously.
G. GOAL TEAM 7 PERFORMING ARTS FEASIBILITY STUDY — OFFICIAL
REQUEST FOR FRIENDS OF STANLEY HALL (FOSH) FUNDS BY
CULTURAL ARTS COUNCIL OF ESTES PARK (CACEP). Town
Administrator Repola provided background information on the collaborative
project between the Town and EPURA to construct a performing arts facility
in the Wiest Parking Lot (2003), and gave a PowerPoint presentation. A
consultant was hired to prepare a feasibility study ($30,742) and the findings
were that the theatre would require a General Fund subsidy of $250,000-
$379,000±. Based on this information, Goal Team 7 began investigating
Board of Trustees — April 12, 2005 — Page 5
other options. Alternative plans and sites were considered, including a
public/private joint venture and a CACEP proposal. None of the alternatives
were acceptable to the Goal Team due to costs, location or concept, and
CACEP was advised of the Team's position.
CACEP subsequently began negotiations with EPURA to purchase the 4,700
sq. ft. condominium that EPURA will receive as payment for its property on
W. Elkhorn (Rivers Pointe). In an effort to secure funds for this transaction,
Michael 011ie, President/CACEP has submitted a written request for the
FOSH funds. However, FOSH members are not in favor of transferring the
remaining funds to CACEP at this time. Pursuant to the existing FOSH
Agreement: (1) the Town had a 4-yr. timeframe to determine the feasibility of
a theater; this period expires in May, 2006, and (2) disbursement of the funds
is at the Town's sole discretion.
Town Administrator Repola commented a potential proposal for the Town -
owned Lot 4, Stanley Addition that could include a private partner for
developmert of the land and construction of a theater for the Town.
Comments !n support of transferring the funds to CACEP were heard from
Mike Oline, President and Ron Wilcocks, Vice President. In summary,
CACEP's rcle is to support the local arts community and nothing else; their
Board is diverse and 71 % voted yes for the funding transfer; the request for
the funds contains three parts-1/upgrade the high school theater (for the
performing arts community), 2/seed money for a new addition to the YMCA
Humbolt Auditorium (for the performing arts community), and 3/seed money
for a multi -use center for visual arts.
Comments from former FOSH members in opposition to transferring the
funds to CACEP were heard from Bennett Penn and Greig Steiner. In
summary, the memberships' sole responsibility was for a performing arts
center; FOSH placed their trust for all funds raised with the Town Board; and
CACEP's proposal for the condominium space for use in performing arts is
unrealistic. The Town should continue researching and pursue viable ideas
for a perforrning arts center for the entire community.
Audience comments were heard from Larry Pesses, President/School Board
(encouraged discussion on the theater upgrade at the high school); Claudia
Irwin (chops groups need to be included and considered; the Town should
take the -emaining year to further investigate this project); Steve
McClennahan (opposes transferring the funds to CACEP as they do not
represent the entire arts community); Margaret Jensen (read a letter from
Vivian Goehring who encouraged transferring the funds); Dawn Normali
(supports CACEP; however, if funds can't be transferred the Town should
take action); Paul Saunders (encouraged the Board to take CACEP's
proposal seriously).
Town Board comments included the importance of honoring the original
FOSH Agreement, using the remaining year to investigate all
options/opportunities, a question on the reality of funding such a center, Goal
Team 7 should be allowed to continue their approach, and confirmation, as
witnessed his evening, of the community's enthusiasm for the arts. Mayor
Baudek noted that while the Board may desire to keep the Town's options
open at this time, there are no negative implications being aimed at CACEP.
Concluding all discussion, it was moved and seconded (Doylen/Newsom)
CACEP's request for the FOSH funds be denied at this time, allowing
Goal Team 7 to continue their work, and it passed unanimously.
Board of Trustees — April 12, 2005 — Page 6
H. TOWN ADMINISTRATOR'S REPORT.
1. Sales Tax Revenues — Update. The February statistics are not
favorable, with a decrease in revenues of 7°10 as compared to 2004,
resulting in a year -top -date decrease of 6%.
2. Proposed Revision to Committee Mtg. Schedule — To provide
sufficient to produce financial reports for the Utilities Committee, the
Utilities and Public Works Committees will be switched. The Utilities
Committee will meet the third Thursday and the Public Works
Committee will meet the second Thursday; this change is effective
May 1st. Trustee Newsom commented he might have a conflict;
however, he will attempt to resolve potential scheduling issues.
Following completion of all agenda items, Mayor Baudek adjourned the meeting at
9:15 p.m.
hn Baudek, Mayor
Vickie O'Connor, Town Clerk