HomeMy WebLinkAboutMINUTES Town Board 2008-11-25Town of Estes Park, Larimer County, Colorado, November 25, 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 25' day of November, 2008. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Mayor Pro Tem Chuck Levine
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PRESENTATION.
Mayor Pinkham recognized the members of the Fire District Task Force for their efforts
in developing an approach for the formation of a valley wide Fire District. The following
members were presented with a Certificate of Appreciation: Don Widrig, Jim Austin,
Bob Dekker, Sue Doylen, Will Finch, Bruce Johnson, Frank Theis, Bill Van Horn, Scott
Dorman, Lowell Richardson and Dorla Eisenlauer.
PUBLIC COMMENT.
David Habecker/Town citizen thanked the members of the Board for their service and
dedication to the Town. He also thanked the fellow Americans, both past and present,
for establishing and defending our country in order to allow one of its citizens to stand
and criticize the recitation of the Pledge of Allegiance. He requested the Board refrain
from stating the Pledge before Town Board meetings.
TOWN BOARD COMMENTS.
Mayor ProTem Levine announced the cancellation of the December 23, 2008 Town
Board meeting.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated November 11, 2008 and Town Board Study
Session dated November 11, 2008.
2. Bills.
3. Committee Minutes:
A. Community Development, November 6, 2008:
CVB
1. 2008-2009 Rooftop Rodeo Committee Appointments.
Board of Trustees — November 25, 2008 — Page 2
Senior Center
1. Catering for All Occasions 2009 Food Services Contract.
B. Utilities, November 13, 2008.
4. Estes Valley Planning Commission, October 21, 2008 (acknowledgement
only).
5. Estes Park Urban Renewal Authority, October 22, 2008 and October 28,
2008 (acknowledgement only).
It was moved and seconded (Levine/Eisenlauer) the Consent Agenda be approved,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS.
1. 3`d Quarter Sales Tax Report. Finance Officer McFarland stated third quarter
sales tax is up 1.47% from 2007 and just ahead of the revised budget of $7.23
million. He stated despite the encouraging news, there is significant room for
caution. Sales tax collections are significantly ahead of the three year
average; however, the growth rate of -1.03% over the past 12 months is the
first time negative growth has been demonstrated since 2005. Forecasting
methods for sales tax through 2008 have established sales tax should come in
at $7.15 - $7.26 million. The Town Board and staff have adopted a
conservative stance during the budget process and reserves continue to be
maintained to either weather an economic downturn or take advantage of an
economic opportunity.
3. LIQUOR ITEMS:
1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP — FROM GREAT
DIVIDE RESTAURANT CORP. dba HUNTERS CHOPHOUSE TO HESS
ENTERPRISES INC. dba HUNTERS CHOPHOUSE, 1690 BIG THOMPSON
AVE., HOTEL AND RESTAURANT LIQUOR LICENSE.
Town Clerk Williamson reviewed the application stating all necessary
paperwork had been received. Mr. Hess purchased the restaurant from the
previous owner in October 2008 and has been operating the business with a
temporary liquor license. Trustee Homeier informed the applicant the Town
takes liquor licenses seriously and has a zero tolerance. It was moved and
seconded (Homeier/Levine) the Transfer of Ownership Application filed by
Hess Enterprises Inc. dba HUNTERS CHOPHOUSE, be approved, and it
passed unanimously.
4. PLANNING COMMISSION AGENDA:
Mayor Pinkham opened a Public Hearing for all Consent Agenda Items and
hearing none he closed the public hearing.
1. CONSENT ITEMS:
a. DEVELOPMENT AGREEMENT
1. Lots 2 and 3, Stone Bridge Estates Subdivision, located in Section
2, Township 4 North, Range 73 West of the 6th P.M., Town of Estes
Park, Colorado, Rock Castle Development Co./Applicant.
It was moved and seconded (Miller/Blackhurst) to approve the Planning
Consent Agenda, and it passed unanimously.
Board of Trustees — November 25, 2008 — Page 3
2. ACTION ITEMS:
A. VESTING PERIOD EXTENSION
1. Streamside on Fall River Development Plan 05-05, Lot 1 of
Streamside Amended Plat, Curt Thompson/Applicant. Continued
to the December 9, 2008 meeting.
Mayor Pinkham opened a Public Hearing and hearing none he closed the
public hearing. It was moved and seconded (Levine/Ericson) to continue
the Vesting Period Extension for Development Plan 05-05 to the
December 9, 2008 meeting and it passed unanimously.
5. ACTION ITEMS:
1. BIG BEAR ESTATES ANNEXATION.
Director Joseph stated the property owner has requested the property not be
annexed at this time. Attorney White stated the annexation of the property was
in conjunction with a larger development project that included the Big Bear
Estates Addition and the Elkhorn Lodge that has been withdrawn by the
developer. The Mayor opened the public hearing and hearing no comment
closed the public hearing. It was moved and seconded (Blackhurst/Homeier)
to deny the Big Bear Estates Annexation, and it passed unanimously.
2. PUBLIC HEARING — 2009 BUDGET — ADOPTION.
Mayor Pinkham opened the public hearing, and Finance Officer McFarland
reviewed the budget process. He discussed how the revenues are proposed
to be expended in the ensuing fiscal year for the Highway User's Trust Fund.
The following Resolutions were also presented:
A. Resolution #21-08 - Setting the Mill Levy (1.715 mills for 2009) — A
temporary reduction in the mill levy from 1.822 mills to 1.715 mills is
required for 2009 due to property tax increase spending limits of
5.5% per C.R.S. 29-1-301.
B. Resolution #22-08 - Adopting the 2009 Budget.
C. Resolution #23-08 - Appropriating Sums of Money.
Trustee Homeier commented the Intergovernmental Agreement (IGA) between
the Town and EPURA expires December 31, 2008, and therefore, funds
budgeted to support EPURA should not be expended until the Board approves
a new IGA. He expressed concern that the budget process was not
conservative enough, and the merit increase should be eliminated for the
employees. Funds are being spent on operations rather than capital projects.
He stated the Town should not be spending down fund balances during
uncertain economic times.
Administrator Halburnt stated staff budgeted for 2009 with a 30% General
Fund balance and Special Review Funds with a balance of 5% or less as a
framework.
David Habecker/Town citizen stated the original property mill levy was passed
by the electorate to pay for snow plowing and not for any other services such
as the funding of the Fire Department. He commented he was not scared of
the current economic downturn and encouraged the Town Board to move
forward with proposed projects. He stated if everyone holds back the country
may face a depression.
Board of Trustees — November 25, 2008 — Page 4
There being no further testimony, Mayor Pinkham closed the public hearing,
and it was moved and seconded (Levine/Miller) the Highway Users Trust
Fund and Resolutions 21-08, 22-08 and 23-08 be approved, and it passed
unanimously. Mayor Pinkham and the Board of Trustees thanked staff for their
efforts during the budget process.
3. ESTES PARK LOCAL MARKETING DISTRICT 2009 OPERATING PLAN.
Town Administrator Halburnt stated voters approved the formation of a Local
Marketing District (LMD) and a 2% lodging tax at the General Election in
November. The Town and the Larimer Board of County Commissioner must
approve the Operating Plan of the LMD as required by the IGA in order to levy
the new tax and begin collections in January of 2009.
After further discussion, it was moved and seconded (Eisenlauer/Blackhurst)
to approve the 2009 Operating Plan for the Estes Park Local Marketing
District, and it passed unanimously.
4. OPEN SPACE STUDY.
Director Joseph stated the Estes Valley Planning Commission, Larimer County
Board of County Commissioners and the Town Board held a joint meeting
earlier this year to discuss many growth related issues and set in motion action
items, including most notably a wildlife study that has been completed. The
wildlife plan laid the foundation for the creation of an open space plan.
Therefore, staff prepared an RFP for an Estes Valley Open Space Plan and
received 15 proposals. An interview panel consisting of two Planning
Commissioners, two Trustees, the Open Lands Manager for Larimer County
and Director Joseph interviewed the top five proposals. The estimated cost for
services ranged from $39,339 to $42,465. The interview team considered the
value of services (scope), public engagement process, background and
qualifications of key personnel and recent related experience with projects of
similar scope and context. Conservation Partners has been recommended by
the selection panel at a cost of $39,339.
Discussion followed amongst the Board and has been summarized: the Town
needs an inventory of open space and study the issue prior to developing a
plan; the process appears to leave out the key players, the Town, County and
the Planning Commission; the project should be split into two parts with a study
completed and presented to all parties and if all agree, move forward with a
plan; public input should be gathered prior to developing a plan; a sub-
committee would be appropriate to aid in the development of the plan; the
scope of work provides information instead of seeking information; the
assumption from the scope of work is a plan adopted by the Town Board with
protection techniques and procurement methods for open space; a study
should be completed prior to a plan; would a prioritizing method be developed
to evaluate property; and how would the property be purchased, i.e. mill levy.
Director Joseph stated the core of the project would be to engage the public to
determine their values as it relates to open space. The plan would develop
defensible criteria to prioritize open space in private ownership and how to
best spend Town resources. The proposal limits public input and
presentations due to the budget constraints; however, additional meeting could
be added at an increased cost. A plan would aid the Planning Commission
that is faced with public opposition to development and neighborhoods that
place high value on open space. He stated the community has a notion that
open space can be governed through regulatory method, which is not
constitutional.
Board of Trustees — November 25, 2008 — Page 5
Ron Norris/Town citizen views the proposal as a study and suggested the
Town add check points to determine whether or not to move forward with the
next phase.
David Habecker/Town citizen stated the study could be enlightening; however,
property owners may unfairly have their property lock up as open space.
Mark Elrod/Town citizen questioned the consultants sole and exclusive right to
ownership and use of the plans prepared. He stated the Town should have
ownership of the plan that it has paid for.
After further discussion, it was moved and seconded (Homeier/Ericson) to
continue the item to the December 9, 2008 meeting and bring forward a
contract for a study of open space with Conservation Partners, Inc., and it
passed unanimously.
5. TOWN ADMINISTRATOR REPORT.
Rocky Mountain National Park has a cardboard baler they have offered to the
Town for residential cardboard recycling. The baler would be made available
once a month to citizens. RMNP would staff the site and Town would agree to
pay for half the cost of hauling the material. A formal agreement would be
presented to the Town during the first quarter of 2009.
6. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Eisenlauer/Blackhurst) the Town Board enter
into Executive Session for the purpose of discussing a personnel matter;
not involving any specific employees who have requested discussion of
the matter in open session; any member of the Town Board (or body); the
appointment of any person to fill an office of the Town Board (or body);
or personnel policies that do not require discussion of matters personal
to particular employees, under C.R.S. 24-6-402(4)(f), and it passed
unanimously.
Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 9:25 p.m.
Mayor Pinkham reconvened the meeting to open session at 10:45 p.m.
7. TOWN ADMINSTRATOR CONTRACT.
It was moved and seconded (Blackhurst/Miller) authorized Mayor Pinkham
and Trustee Eisenlauer to enter into negotiations with Town
Administrator Halburnt for a three year contract, and it passed
unanimously.
8. ADJOURN.
Whereupon Mayor Pinkham adjourned the meeiirig at 10:45 p.m.
illiam C. Pinkham, Mayor
J c ie Williamson, Town Clerk