The URL can be used to link to this page

Home My WebLink AboutMINUTES Town Board 2005-03-08Town of Estes Park, Larimer County, Colorado, March 8, 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 8th day of March, 2005. Meeting called to order by Mayor John Baudek. I Present:John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present:Randy Repola, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent:None Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. Mayor Baudek presented and read aloud a Certificate of Appreciation for Craig Belshe, Principal/Intermediate School, who has been awarded the 2005 Colorado National Distinguished Principal of the Year. GRADUATION CEREMONY: 2005 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Baudek, Senior Center Mgr. Mitchell, and Town Administrator Repola - Present Participation Plaques to the following class members: CJ Bowers Richard Eisenlauer Lois Weaver James Cope Bill Barton Jim Kile Alta Wachs Raymond Leaycraft Dorla Eisenlauer Sallie Partridge Susan Pinkham Dick Marquart Ellen Lawson William Wachs Diane Yoblin Ed Weaver Tom Partridge Richard Warren Jean Marquart Bob Folken I Mayor Baudek declared a 15-minute recess where a public reception was held immediately following the graduation ceremony. Mayor Baudek reconvened the meeting at 7:27 p.m. PUBLIC COMMENT: Paul Sterling, 2400 Big Thompson Canyon, addressed the Board concerning “The Peace Tree”, a tree that has been carved with the words Peace Tree, including the “peace” symbol. The tree was within the CDOT right-of-way; when the tree was carved, it became an advertising device; CDOT removed the tree March 7th. Mr. Sterling is seeking a location for the Tree. Following discussion, this item was referred to the March 17th Public Works Committee. TOWN BOARD COMMENTS. Board of Trustees - March 8, 2005 - Page 2 Trustee Doylen commended on the Lady Cats Basketball Team who has reached the State Finals Championships. Trustee Habecker gave a visual civics lesson focusing on a “religious test” and how it relates to the Pledge of Allegiance, Bible, US Constitution and Colorado Constitution. 1. CONSENT AGENDA fApproval of): 1. Town Board Minutes dated February 22, 2005.I 2. Bills. 3. Committee Minutes: A. Public Safety, February 24, 2005: Police and Fire Depts.: 1. IGA for Emergency Management with Larimer County. B. Community Development, March 3, 2005: Community Development Dept. 1. Network Color Copy Machine Lease, $6,216/yr. for 5 years ($31,080.00). 4. Estes Park Housing Authority, February 9, 2005 (acknowledgment only). 5. Resolution #5-05 - Intent to Annex Fall River Second and Third Additions. Set public hearing date of April 12, 2005. It was moved and seconded (Doylen/Levine) the consent agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. RESOLUTION #4-05 RE-APPROPRIATION OF 2004 ENCUMBERED FUNDS TO THE 2005 BUDGET. Town Administrator Repola presented a resolution re- appropriating 2004 unexpended funds to the 2005 Budget. Town Attorney White read the Resolution, and it was moved and seconded (Levine/Pinkham) Resolution #4-05 be approved, and it passed unanimously. 2. BEAVER POINT HEIGHTS ANNEXATION REQUEST - BEAVER POINT HEIGHTS ADDITION. RESOLUTION #6-05 & ORDINANCE #4-05 - PUBLIC HEARING. Mayor Baudek opened the public hearing and Business Development Director Pickering presented the Staff Report: the Town Board initiated annexation proceedings for businesses desiring to annex on a voluntary basis, and all expenses were funded by the Town ($7,000/property). Benefits to the businesses and Town were reviewed, with Director Pickering confirming he has met with 25 potential businesses; of those, 12 have agreed to annex. Preliminary discussions are on going with 10 other businesses. The Beaver Point Heights Annexation is the first group of annexations and it includes the Sundeck Restaurant, Alpine Trail Ridge Inn, and the All-Budget Motel, totaling 3.50 acres. The restaurant property will retain the existing Commercial Outlying (CO) zoning, and the motels will retain their existing Accommodations (A) zoning. Town Attorney White read Resolution #6-05 and Ordinance #4-05. Alice Schwartz, 1631 High Drive, questioned confirmation that the annexation is limited to those three commercial properties identified above. Director Pickering responded that the Town is not negotiating with any properties located on the north side of High Dr. Regarding the budget. Town Administrator Repola noted that a portion of the annexation expense has been appropriated in the 2005 I Board of Trustees - March 8, 2005 - Page 3 I Budget; however, he will review the fund and update if appropriate. There being no further testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Doylen/Newsom) Resolution #6-05 and Ordinance #4-05 be approved, thereby annexing Beaver Point Heights Addition, and it passed unanimously. 3. RESOLUTION #7-05 - RE-SETTING DATE FOR SPECIAL RECALL ELECTION. Town Attorney White gave a status report on Federal Court Judge Nottingham’s decision where he lifted his Preliminary Injunction. Citing Sections 31-4-503(4), 31-4-504(2), 31-10-501,31-10-108, C.R.S., “tolling” as it relates to the period of time between February 10th and March 2nd, Town Attorney White advised that the recall election must be held either March 22nd or 29th. The Resolution was read aloud, and Trustee Habecker read from a prepared statement, under the guidance of his attorney. In summary. Trustee Habecker strongly suggested Trustee Jeffrey-Clark not participate in discussion or vote on this issue, and questioned the legal basis in the re-setting of the election; and asserted that If the Town is neutral as previously stated, the Board has no choice but to declare the time expired and cancel the election. Town Attorney White responded that his opinion to re-set the election has been confirmed that he has consulted with the Town’s CIRSA attorney on this case Steve Dawes, the Colorado Municipal League, and other municipal attorneys, and all concur with his opinion to proceed. There was no public testimony. Town Clerk O’Connor stated that all absentee ballots that were returned have been secured in a ballot box, and these ballots will be counted. The deadline for requesting absentee ballots has been extended to March 18th. Concluding all discussion, it was moved and seconded (Jeffrey-Clark/Doylen) Resolution #7-05 be approved, re-setting the date for the Special Recall Election for March 22, 2005, and it passed, with Trustee Habecker voting “No”. Any questions concerning the election are to be directed to Clerk O’Connor. 4. MUNICIPAL HOME RULE DISCUSSION - RESOLUTION #8-05. Town Attorney White read the Resolution, and Town Administrator Repola advised that a preliminary petition form for Home Rule was presented to the Town Clerk on February 28th. Administrator Repola held a meeting with Dee Pritchard, Richard Homeier, and Clerk O’Connor on March 3rd to discuss home rule and the Town’s desire to initiate the process. Home rule is initiated either by petition or Town Board adoption of an ordinance. Administrator Repola attended a meeting hosted by Estes Park Citizens For Representative Government and the group is amenable to the Town initiating the home rule process. Town Attorney White and Clerk O’Connor prepared a proposed timeline as summarized below: I > > > March 22nd Town Board Meeting - Initiating Ordinance adopted by the Town Board. The home rule process may also be initiating via a citizen petition signed by at least 5% of the registered voters of the Town. Number of commissioners needs to be addressed between 9 and 21 and must be an odd number. Wards, districts or at-large also must be determined and included in the ordinance. April 12th Town Board Meeting - Town Board schedules election for the purpose of (1) forming a charter commission and (2) electing charter commission members to frame a charter. The Town Board appoints any vacancies to fill the commission if the stated number of candidates are not nominated. Election day on August 2. 2005. If voter-approved, the Charter Commission must meet to organize itself between August 3-22. Deadline for Charter Commission to submit proposed charter to Town Board - November 29. 2005. Board of Trustees - March 8, 2005 - Page 4 5. > December 13th Town Board Meeting - schedules election on regular municipal election date of April 4. 2006. Discussion followed, with Town Administrator Repola confirming that should the voters approve proceeding with a home rule charter and electing a charter commission, the commission would be substantially independent. The Town will respect their wishes and provide assistance as requested (i.e. meeting space, staff assistance, computer resources, and the like). As there was no public comment, it was moved and seconded (Levine/Doylen) Resolution #8-05 be approved, directing Town Attorney White to prepare an Ordinance for consideration during the March 22nd Town Board meeting. Said ordinance is to include a charter commission comprised of 15 members (31-2-106(b), C.R.S.), and members be elected at-large (31-2-206(2), C.R.S.), and the motion passed unanimously. TOWN ADMINISTRATOR’S REPORT. A. Lady Cats Basketball Team - Rally. The Special Events Department has arranged a send-off on Thursday, organizing vehicles, signs, balloons, etc. on Manford Ave. The community was urged to participate. I Concluding all agenda items. Trustee Habecker stated he would not pursue his case on the recall election to State District Court. Following completion of all agenda items. Mayor Baudek adjourned the meeting at 8:29 p.m. John Baudek, Mayor Vickie O’Connor, Town Clerk I