HomeMy WebLinkAboutMINUTES Town Board 2008-09-09Town of Estes Park, Larimer County, Colorado, September 9, 2008
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in
said Town of Estes Park on the 9`h day of September, 2008. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Cynthia Deats, Deputy Town Clerk
Absent: Town Attorney White
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION.
Mayor Pinkham read a proclamation designating September 17-23, 2008, as
Constitution Week.
PUBLIC COMMENT.
George Hockman, Estes Park resident, expressed dissatisfaction with the Town's weed
management ordinances and pointed out areas of deficiency within the ordinances. He
stated that, although the Town is in compliance with Colorado State Statute, the current
weed management plan and spraying efforts have not been effective in controlling the
spread of noxious weeds throughout the Estes Valley. Trustee Blackhurst reported that
noxious weeds and action related to weed management were discussed at the most
recent Public Works Committee meeting.
David Habecker, Estes Park resident, requested the Town Board discontinue reciting
the Pledge of Allegiance. He mentioned the role religion is playing in the current
presidential campaign and stated that having God in the Pledge has broken the trust of
our forefathers who wrote the Constitution and proclaimed a separation of church and
state should exist.
John Meissner, Estes Park resident, urged institutions that hold early Estes Park
newspapers to have them digitized and made accessible to the public.
John Cordsen, Estes Park Trail -Gazette, stated that early issues of the newspaper are
in the process of being digitized and that the Trail -Gazette and the library are reviewing
their historical archives to document Estes Park history through editions of the
newspaper. The digitized information will be given to both the public library and the
Estes Park Museum to be made available to the public.
Tom Ewing, Estes Park resident, responded to Mr. Habecker's comments stating that
the constitution does not provide for a separation between church and state, but rather
is addressed in a letter written by Thomas Jefferson, that Mr. Habecker was out of
Board of Trustees — September 9, 2008 — Page 2
order in bringing political candidates into his comments, and that a choice can be made
to either overlook offensive speech or avoid it.
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the community of the Estes Park Housing Authority
meeting scheduled for 8:30 a.m. on Wednesday, September 10, 2008, in Room 202 of
the Municipal Building, and the Utilities Committee Meeting scheduled for Thursday,
September 11, 2008, at 8:00 a.m. in the Board Room.
Trustee Eisenlauer stated that two public meetings of the Fire Services Task Force are
scheduled to be held in the Board Room at 7:00 p.m. on Thursday, September 11,
2008, and Thursday, September 18, 2008. The proposed Estes Valley Fire Services
Plan will be reviewed and public participation is encouraged.
Mayor Pinkham stated that he spent the weekend attending the Longs Peak
Scottish/Irish Highland Festival and heard positive comments about the festival and the
Estes Park community from many visitors.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 26, 2008 and Town Board Pre -Budget
Study Session Minutes dated August 26, 2008.
2. Bills.
3. Committee Minutes:
A. Public Safety, August 21, 2008:
1. Resolution #14-08 L.E.T.A. 2009 Telephone/Wireless Access
Charges of $.45 per month.
B. Public Works, August 28, 2008:
a. 2009 Ford Ranger 4x4, Burt Arapahoe Ford - $17,479.90, Budgeted.
b. Street Overlay Paving, Connell Resources - $120,000, Budgeted.
c. Wiest & Virginia Parking Lot Overlay, Connell Resources - $52,000,
Budgeted.
d. Virginia Dr. and Parking Lot Sidewalk Improvements, Bryson
Concrete - $14,050, Budgeted.
4. Intent to Annex Resolution #15-08 — Fall River Additions 5, 6, 7, 8, 9, 10 and
11. Public Hearing scheduled December 9, 2008.
5. Resolution #16-08 — Scheduling a Show Cause Liquor Hearing for Vega
LLC., dba Vega, 205 Virginia Drive, Hotel and Restaurant Liquor License on
October 14, 2008.
It was moved and seconded (Levine/Ericson) the Consent Agenda be approved,
and it passed unanimously
2. ACTION ITEMS:
1. APPOINTMENT OF EPURA COMMISSIONERS.
Mayor Pinkham announced the appointments of Sharry White and Jim
Martinsen to the Estes Park Urban Renewal Authority (EPURA) Board. The
appointments are based on the recommendation of a selection committee
following structured interviews of eight candidates held in June. Both
appointees bring broad backgrounds in community service to the Board and will
serve five-year terms expiring on September 30, 2013. Ms. White and Mr.
Board of Trustees — September 9, 2008 — Page 3
Martinsen will replace Commissioner Paula Steige, who has served 12 years on
the EPURA Board, and Commissioner Gerald Swank, who has been a member
of the EPURA Board for the past 17 years. The Mayor and the Trustees
thanked Commissioner Steige and Commissioner Swank, whose terms expire
on September 14, 2008, for their service to EPURA and the Town of Estes
Park. It was moved and seconded (Eisenlauer/Blackhurst) to approve the
appointments of Sharry White and Jim Martinsen to the EPURA Board for
five-year terms expiring September 30, 2013, and it passed unanimously.
2 2ND QUARTER SALES TAX REPORT.
Finance Officer McFarland reviewed the financial report for the first half of 2008
stating that expenditures are under budget at this time, with sales tax 4.7%
behind 2007 and 4.8% behind budget. He stated each percentage of budgeted
sales tax equates to $74,000 which translates to an approximate $350,000
shortfall for 2008, if current trends continue. He reported that the data and
trends indicate projected revenues for 2008 will be in the $7.1 million range,
rather than the budgeted $7.4 million, signaling a "yellow light" approach to
expenditures which would include cutting discretionary spending and freezing
open positions unless approved. July sales tax figures will be available next
month which will provide the information necessary to make a projection for the
remainder of the year.
Discussion followed and is summarized: forecasting with a five-year average
provides for less variance and is more conservative; data shows no significant
deviation from income stream if using a five-year average; food, mostly
groceries, and construction have increased over the last several years;
reporting categories were reclassified for 2008; variations are not statistically
significant and are better than national economy in general; the variations may
not be statistically significant, but require adjustments to spending; $900,000
from 2007 increased capital reserves to 39% and provides the ability to meet
budget, have the capital to move ahead without cutting services, and maintain a
30% reserve; budgeting for 2009 will be more challenging; and good fiscal
management in 2007 has provided a financial cushion. Town Administrator
Halburnt applauded the Town Board for choosing to operate with a 30% fund
balance with 5% leeway for staff.
3. ORDINANCE #14-08 LEASE AGREEMENT WITH ESTES PARK, LLC FOR
OUTDOOR SEATING AREA AT 210 E. ELKHORN AVENUE.
The Town of Estes Park entered into a lease agreement with the previous
owner of the El Centro Complex for an area adjacent to the property that is
currently being used for outdoor seating by the Casa Grande Restaurant. As
the property has recently been sold, a new lease agreement which has been
reviewed by Town Attorney White, between the Town of Estes Park and the
new property owner, Estes Park, LLC, is required in order to provide for
continued use of the seating area. Ordinance #14-08 was read into the record.
Discussion ensued and is summarized: do other restaurants with outdoor
seating have lease agreements to use the sidewalk; Riverwalk easements
granted for use of the sidewalk; lease renews on an annual basis unless
notified; question the economics of a $1/year lease; approve and research
history of arrangement. It was moved and seconded (Ericson/Miller) to
approve Ordinance #14-08 authorizing a lease agreement with Estes Park,
LLC for consecutive one-year terms as outlined, and it passed unanimously.
4. FALL RIVER TRAIL PHASE 4.
The 2007 & 2008 budgets contain $350,000 in the Larimer County Open Space
Fund for the construction of Fall River Trail Phase 4 which proceeds along
West Elkhorn Avenue from Valley Road to Castle Mountain Lodge. The project
Board ufTrustees — September V.2VU8—Page 4
lies within the Colorado Department of Transportation (CDOT) right-of-way and
requires a License Contract with the Stata, which has been obtained. The
project is scheduled to begin mid -September with completion in mid -December
2008. Bid packages were mailed totwelve northern Colorado contractors on
August 15. 2008. with the following results:
1
Cornerstone Concrete Company
Estes Park
$ 303,20210
2
L&MEnterprises
Berthoud
$ 310.823.03
3
Mountain Constructors
Platteville
o 319.030.00
4
OaFa|coConatruction
Longmont
$ 328.382.88
5
Cornerstone Construction Concepts
Estes Park
$ 337.048.30
0
NorthuturConcrete, Inc.
Loveland
$ 338.088.00
7
Naranjo Civil Constructors
<3rue|my
$ 348.485.00
D
Connell Resources
Fort Collins
$ 355.100.40
0
Mountain Concrete
Estes Park
$ 408.731.00
10
NoraaCononaha
Keenoaburg
$ 437.104.05
Staff is requesting approval to accept the low bid from Cornerstone Concrete
Company ofEstes Park inthe amount of$3U3.2O2. Dir. Zunnstated the impact
to traffic will be minimal during the project with some minor delays and
detouring at times and that the contractor's schedule may allow for completion
of the project in Novembnr, ahead of schedule. It was moved and seconded
(B|aokhurst/N1i||or) to approve the contract with Cornerstone Concrete
Company in the amount of$3O3.2D2from accuunt#33O'46DU'4O2'35'6D
budgeted, for the construction of Fall River Trail Phase 4, and it passed
unanimously. Dir. Zum stated that work on Fish Creek Trail was delayed due
to the contractor's oohadu|o, but will begin in ofew weeks.
5.TOWN ADMINISTRATOR REPORT.
~ Town staff issued a Request for Proposal (RFF) for an Estes Valley
Open Space Plan inpreparation for aninventory analysis ofo32-oquare
mile area which will be used to prioritize open space based on aoaniu
characteristics and wildlife habitat.
v Thanks k/the Estes Valley Recreation and Parks District (EVRPD)for
the use of golf carts during the Longo Peak Scottish/Irish Highland
Festival.
m Rooky Mountain National Pork(RMNP) is planning apr*oorbad burn for
early next week in the area of south Trail Ridge Road which may result
invisible smoke within the Town.
° The Colorado Department of Transportation (CDOT) is preparing to
begin work onthe intersection atMoraine Avenue and Crags Drive, near
the OonutHouy. The intersection will be reconfigured and n+ntripmdto
create continuous traffic flow areas and increase driver safety.
° Rook Castle Development has requested their development plan for
Elkhorn Lodge be permanently removed from the Town agenda, as they
will not baproceeding with development ofthe parcel.
Whereupon Mayor Pinkhamadjourned the 15p.
�
/1
Cyntya Deats, Deputy Town Clerk
' VViUiamC. Rnkham. Mayor