HomeMy WebLinkAboutMINUTES Town Board 2000-07-111Town of Estes Park,Larimer County,Colorado,2000
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 1 jth day of July,2000.
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
G.Wayne Newsom
Also Present:Rich Widmer,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.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Trustee Gillette commended the Jaycees for their July 4th Fireworks Display.
Mayor Baudek called everyone’s attention to the Fire Ban that remains in effect,and
residents were praised for their cooperation in this matter.
1.CONSENT CALENDAR:
1.Town Board Minutes dated June 27,2000.
2.Bills.
3.Committee Minutes:
A.Public Safety,July 6,2000.
4.Estes Valley Planning Commission,May 16 and June 20,2000.
5.Estes Valley Board of Adjustment,June 6,2000.
6.Estes Park Housing Authority,June 14,2000
7.Continue Public Heating to July 25,2000 to consider Text Amendments to
the Estes Valley Development Code.
It was moved and seconded (Doylen/Newsom)the consent calendar be approved,
and it passed unanimously.
2.ACTION ITEMS:
1.1999 AUDIT PRESENTATION —FINANCE OFFICER VAVRA AND DON
GRUENLERIHIRATSUKA &SCHAUS,LLP.Finance Officer Vavta
introduced Mr.Gruenler and together they presented the Annual Financial
report for December 31,1999.The objectives and audit methodology,as well
Board of Trustees —July 11,2000 -Page 2
as graphs pertaining to revenues,expenditures and the like were reviewed.
Mayor Baudek expressed the Board’s appreciation for the report.
2.LIQUOR LICENSING:
A.Stipulation Agreement with Tiny Town Texaco,Inc.—Approval.Staff
negotiated a Stipulation Agreement with the Licensee for the Sale to an
Underage Person,jst offense.Gary Mitchell appeared on behalf of the
Licensee.Mayor Baudek introduced the Findings and Order of
Suspension,and it was moved and seconded (Habecker/Doylen)that
(Findings)based upon the Stipulation and Agreement presented to
the Board of Trustees and incorporated into this Findings and Order
by reference,the Authority finds that the allegations contained in
Exhibit A of the Order to Show Cause and Notice of Hearing are true
and represent violations of the Colorado Liquor and Beer Code.
(Order)The Authority hereby orders that the 3.2%Retail Beer
License issued to Tiny Town Texaco,Inc.,dba TINY TOWN I STOP,
860 Moraine Ave.,Estes Park,CO,License No.02-46528-0000 be and
hereby is suspended for a period of 21 days,7 days actual time
served,with 14 days held in abeyance on the condition that no
further violations occur within the one-year stipulation period
beginning July 11,2000,pIus mandatory T.l.P.S.training within 90
days of the Stipulation Period.Said suspension to take place from
12:01 am.Sunday,July 16,2000 through 1 1:59 p.m.Saturday,July
22,2000.The motion passed unanimously.
B.Show Cause Hearing for Ahmed I.Zaina,BEAVER POINT QUICK
STOP GROCERY.Prosecuting Attorney Jerome Roselle advised that the
Licensee,Ahmed Zaina has acknowledged the violation of Sale to a Minor
and plead guilty,thus there would be no presentation of facts.Mr.Zaina
appeared reporting that his employee had attended TIPS.training and
as she again failed to check ID’s,she has since left his employ.
Responding to Town Attorney White,Mr.Zaina stated that “yes,he does
admit guilt.”Seeking a recommendation from staff,Deputy Police Chief
Filsinger suggested the previous 20 days held in abeyance from the
previous Stipulation Agreement dated 7/27/99 be served,and the 2
offense within one year carry a suspension of 30 days,for a total of 50
consecutive days of suspension.Said suspension to begin July 16,2000.
Clarification followed on the Police Department’s Compliance Check
Procedure relative to the confidential information.Trustee Barker
commented that the Town Board and Police Department take liquor
licensing very seriously,urging the Applicant to adhere to all State Liquor
Code Regulations,adding that the Town Board does have the authority to
revoke liquor licenses.It was moved and seconded (Newsom/Jeifrey)
the Authority orders the 3.2%Retail Beer License issued to Ahmed I.
Zaina,dba BEAVER POINT QUICK STOP GROCERY,911 Moraine
Ave.,Estes Park,CO,License No.03-46629-0000 be and hereby is
suspended for a period of 50 consecutive days.Said suspension to
take place from 12:01 a.m.Sunday,July 16,2000 through 11:59 p.m.
Sunday,September 3,2000,and it passed unanimously.
C.Transfer of Ownership Application filed by Rocky Mountain Park Inn,
LLC,dba ROCKY MOUNTAIN PARK HOLIDAY INN.Clerk O’Connor
advised that this license was previously held by Rex Maughan,as an
“Individual.”Mr.Maughan has formed a limited liability company and the
Liquor Code requires a transfer of ownership even though the person
involved remains the same.The application was filed June 9,2000,and
concerning T.l.P.S.Training,Lori Case,the Holiday Inn’s Food and
Beverage Director,also serves as the Certified TIPS.Trainer in the
Board of Trustees —July If,2000 -Page 3
Estes Park area.It was moved and seconded (Doylen/Gillette)The
Transfer of Ownership for a Hotel and Restaurant Liquor License to
Rocky Mountain Park Inn,LLC be approved,and it passed
unanimously.
D.Transfer of Ownership Application filed by Sang H.and Inja K.Park,
dba MOUNTAIN DEW LIQUOR.Clerk O’Connor advised that the
application was filed June 16,2000,adding that confirmation has been
received regarding T.l.P.S.training from the Korean Retail Liquor Assn.of
CO.The license was previously held by Joseph and Diane Kollias and is
being transferred to Sang H.&Mary InJa Park.Mr.Kollias introduced Mr.
and Mrs.Park who and provided their extensive background.It was
moved and seconded (Gillette/Barker)the Transfer of Ownership for a
Retail Liquor Store License to Sang H.&Mary InJa Park be
approved,and it passed unanimously.Insert Barker macro.Welcomed
to Estes Park.
3.PUBLIC HEARING:AMENDED PLAT OF LOT 2 AND A PORTION OF LOT
3,ROCK RIDGE ESTATES,SCOTT POPE!APPLICANT —CONTINUE TO
AUGUST 8,2000.It was moved and seconded (Gillette/Doylen)the public
hearing be continued to August 8,2000,and it passed unanimously.
4.PUBLIC HEARING:AMENDED PLAT OF LOTS 4 AND 5,ELK HOLLOW
SUBDIVISION,RICHARD DeLONGIAPPLICANT.Mayor Baudek opened
the Public Hearing and Community Development Director Stamey presented
the Staff Report:the site is currently platted as two separate lots under the
same ownership.One of the lots is developed with a single-family residence,
the other is vacant,and the applicant is proposing to combine the two lots into
a single lot of record.The land use is consistent with the existing and
planned conditions of the neighborhood.Trustee Habecker declared a
conflict of interest and stated he would not participate in discussion nor vote.
Adhere was no public testimony,Mayor Baudek closed the public hearing,It
was ñOvd andseconded (Newsom/Gillette)the Amended Plat of Lots 4
and 5,Elk Hollow Subdivision be approved,and it passed with Trustee
Habecker Abstaining.
5.PUBLIC HEARING:PRELIMINARY PLAT OF PAWNEE MEADOW,
SECOND FILING,PAWNEE MEADOW,LLCIAPPLICANT.Mayor Baudek
opened the Public Hearing and Director Stamey presented the Staff Report:
the preliminary plat proposes to divide a 4.8 acre tract into 4 single-family
residential lots;zoning is E-1;the Second Filing Final Plat will include Lots 4
&5 of the jst Filing and the 4.8 acres included on this preliminary plat.This
will provide the required public street cul-de-sac access;the second filing will
also provide for construction of Pawnee Dr.to the west to connect to
Cherokee Dr.The Planning Commission forwarded conditional approval.
Public testimony was heard from Teddy Haines,2037 S.St.Vram,who
addressed a note on the plat pertaining to an easement—at this time,she nor
her husband have any intention of abandoning the existing easement and it
could be misleading to potential buyers that they might.When Pawnee Dr.
has bee installed,they would be willing to execute a quit claim deed.Town
Attorney White stated that in the Final Plat,staff will ensure that the note
accurately reflects the easement.There being no further public testimony,
Mayor Baudek closed the public hearing.It was moved and seconded
(Habecker/Gillette)the Preliminary Plat of Pawnee Meadow,Second Filing
be approved subject to the three conditions recommended by the
Planning Commission as identified in the staff report dated 716100,and it
passed unanimously.
Board of Trustees —July 11,2000 -Page 4
6.PUBLIC HEARING:PRELIMINARY PLAT OF MARY’S LAKE
SUBDIVISION,FRANK THEIS,JAMES TAWNEY AND JOAN VAN
HORN/APPLICANTS.Mayor Baudek opened the Public Hearing,and
Director Stamey presented the Staff Report:the proposal is for a five-lot,
40.1 -acre mixed-use subdivision.Currently,the only proposed use is the
existing Mary’s Lake Lodge,which is being remodeled.The remainder of the
subdivision is to remain vacant.Future land uses will be submitted for review
separately,and are anticipated to include accommodations,residential,and
church uses.The property is currently zoned a combination of A-
Accommodation and A-I Accommodation.The p1st will adjust the lot lines
among the five lots.The existing zoning will also move with this lot line
adjustment.The applicant has submitted a development plan and discussion
for development of a church has begun.The proposed Kiowa Dr.will form a
loop road through the subdivision,with improvements triggered by
development patterns,as set forth in the Annexation Agreement.There was
no public testimony,thus Mayor Baudek closed the public hearing.It was
moved and seconded (Newsom/Gillette)the Preliminary Plat of Mary’s
Lake Subdivision be approved subject to the four conditions
recommended by the Planning Commission as identified in the staff
report dated 716100,and it passed unanimously.
Town Administrator Widmer reported that Sales Tax Revenues for May are up 9.5%
from 1999;year-to-date is up 7.1%.
Following completion of all agenda items,Mayor Baudek adjourned the meeting at 8:05
p.m.
Baudek,Mayor
Vickie O’Connor,Town Clerk