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Home My WebLink AboutMINUTES Town Board 2002-08-27/Town of Estes Park,Larimer County,Colorado,August 27,2002 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 27th day of August,2002. 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 Absent:None Mayor Baudek called the meeting to order at 7:00 p.m.and announced the resignation of Ed McKinney from the Estes Valley Planning Commission effective August 20th Mr. McKinney was commended for his service,and Mayor Baudek announced an ad will be placed in the newspaper seeking applications from interested citizens residing inside Town limits. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Habecker commented on a recently passed “No Smoking Ordinance”approved by the City of Ft.Collins and he questioned when Estes Park would follow.Also,motorcycles have been banned on Larimer Square. Trustee Barker announced that bears have been sighted in the Fall River area and urged everyone to use extreme caution. 1.CONSENT AGENDA (Approval of): 1.Town Board Minutes dated August 13,2002. 2.Bills. 3.Committee Minutes: A.Public Works,August 15,2002: 1.2002 Water Loop Project Bid Award:AISA,$378,936 and E-Z Excavation $184,010. 2.2002 Asphalt Overlay Project Bid Award,Aggregate Industries, $191,705. B.Light and Power,August 22,2002: 1.Budgeted Vehicle Purchase,Altec Industries,$160,937. 4.Resolutions #20,21,22,and 23-02 —Approving Temporary Use Permits for CBT Water with the Northern Colorado Water Conservancy District. Board of Trustees —August 27,2002 -Page 2 It was moved and seconded (Doylen/Gillette)the consent agenda be approved,and it passed unanimously. 2.ACTION ITEMS: LIQUOR LICENSE SHOW CAUSE HEARING:LAB PROPERTIES,INC..dba GASLIGHT PUB.Commander Filsinger presented the Stipulation and Agreement negotiated between staff and Larry Beal,President/LAB Properties, and explained the allegations made by the Police Department.Based upon the allegations,staff is recommending a 21-day suspension associated with sale to an underage person AND an additional 5-day suspension associated with failure to register a manager,for a total consecutive suspension of 26 days of its Hotel & Restaurant Liquor License.Mandatory T.I.P.S.training is being waived pending transfer of ownership within a 90-day period.Larry Beal apologized to the Board for the stated violations,adding that the business is closed,the tenants evicted, and that he intends to transfer the liquor license to Andy Andrews.Mr.Beal addressed the Board and urged the Police Dept.to continue in their pursuit against the sale of alcohol to minors.Town Attorney White confirmed that the Town will not take formal action on the proposed transfer of ownership until the suspension period has been served.Following conclusion of all testimony,it was moved and seconded (Newsom/Gillette)the Board of Trustees approve the Stipulation and Agreement,thus issuing the “Findings and Order”that the Hotel and Restaurant Liquor License issued to Lab Properties,Inc.,dba the OLD GASLIGHT PUB be and hereby is suspended for a period of 26 consecutive days,commencing at 12:01 a.m.Thursday,August 29th through 11:59 p.m.Monday,September 23td,and the motion passed unanimously.Trustee Barker confirmed the Board’s serious stance regarding liquor violations,this suspension results in significant financial punishment,and he urged all liquor licensees to be aware of,and follow liquor regulations. 2.ORDINANCES 12-02 &13-02 —POLICE DEPARTMENT SURCHARGE.At the July 24th Public Safety Committee,the Committee recommended approval of a $20.00 surcharge fee for the following convictions: A.All moving traffic convictions B.All criminal convictions C.All animal control convictions. Revenues will be used for victim services,community projects,training and police equipment.Town Attorney White explained that Ordinance 12-02 authorizes the Municipal Judge to assess said surcharge fees.Ordinance 13-02 establishes the surcharge for the Police Dept.Attorney White read the ordinances.Following clarification on the creation of a budget line item for this revenue,it was moved and seconded (Gillette/Newsom)Ordinances 12-02 and 13-02 be approved,and it passed unanimously. 3.TERM LIMITS RESOLUTION #19-02 —SUBMITTING QUESTION TO THE VOTERS:Trustee Barker stated he would abstain from discussion and vote. Town Attorney White read Resolution 19-02 containing the following “official ballot question language”and authorization to enter into a standard IGA with Larimer County for Election Services: BALLOT QUESTION SHALL ELECTED OFFICIALS OF THE TOWN OF ESTES PARK,COLORADO,BE ALLOWED TO SERVE MORE THAN TWO CONSECUTIVE TERMS OF OFFICE AND ELIMINATE THE LIMITATION ON TERMS OF OFFICE AS SET BY Board of Trustees —August 27,2002 -Page 3 ARTICLE XVIII,SECTION 11 OF THE COLORADO CONSTITUTION? YES NO It was moved and seconded (Doylen/Jeifrey-Clark)Resolution #19-02 be approved,and it passed with Trustee Barker Abstaining. 4.HIGHWAY CORRIDOR DESIGN STANDARDS -REVIEW OF TOWN BOARD STUDY SESSION MINUTES OF JUNE 12.2001.Acting upon Trustee Habecker’s request of August 13th Town Administrator Widmer distributed copies of the Town Board Study Session minutes dated June 12,2001 concerning Highway Corridors Design Standards.The Planning Commission has not yet finalized the proposed Highway Overlay District,thus the draft may be amended or halted from further action.Consensus,minus Trustee Barker was for staff to work on the following four items: >Provide appropriate restrictions on corporate architecture. >Restrict the use of large areas of primary colors on buildings. >Restrict the inappropriate use of some building materials. >Prevent the construction of large expanses of blank walls in unbroken planes. Trustee Doylen expressed concern that the proposed guidelines are far and above what the Town Board discussed at their study session.Trustee Barker stated that the minutes accurately reflected his position,however,he expressed concern that the guidelines exceed the stated parameters. Community Development Director Joseph confirmed that the Planning Commission has not yet prepared or submitted any guidelines for consideration. All concepts are preliminary in nature,and staff,not the Planning Commission, should be criticized for broadening the scope beyond the four items previously defined.Consensus was reached that the Board of Trustees will wait for formal recommendations from staff and the Planning Commission prior to taking any further action. 5.TOWN ADMINISTRATOR’S REPORT. A.Water Contracts.Attorney White reported that of the four water contracts approved August 13th three have been fully executed and returned.The contract for 60 acre ft.contains a contingency,however,staff believes the contract will be finalized.Water prices are escalating very rapidly,from $11,000/unit two weeks ago,to $12,500/unit at this time. B.Sales Tax Detail.Through June,the retail segment continues to be the forerunner in revenues,indicating an increase of 12%over ‘01 (8.7%year-to date).Traffic counts through July are down 6.9%. Following completion of all agenda items,Mayor Baudek adjourned the meeting at 8:03 p.m. John Baüdek,Mayor Vickie O’Connor,Town Clerk