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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