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Home My WebLink AboutMINUTES Town Board 2003-04-22Town of Estes Park,Larimer County,Colorado,April 22,2003 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 22 day of April,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 Absent:None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Habecker commented on negotiations between the Chamber Resort Association (CRA)and Trustees Barker and himself regarding “fulfillment functions.”In summary,Trustee Habecker requested no further action be taken pending a discussion between all Trustees to review the entire responsibility/function of CRA and the Town, what the CRA is doing and why;all the while ensuring services continue.Town Administrator Widmer added that nothing in the manner in which fulfillment responsibilities are being accomplished would cause staff to recommend taking action prior to the Town Board Retreat.Consensus of the Board was to put negotiations on hold pending the outcome of the Retreat.Therefore,Mayor Baudek stated this item would be added to the Agenda for the Town Board Retreat scheduled June 4th Trustee Barker reminded everyone to continue their thoughts and prayers for the troops deployed in the Middle East. 1.CONSENT AGENDA (Approval of): 1.Town Board Minutes dated April 8,2003. 2.Bills. 3.Committee Minutes: A.Utilities,April 10,2003: 1.Equipment Purchase (Backhoe,$49,945.00 and Jackhammer attachment,$14,948.00) 2.Utilities Policy Manual Revision —Voluntary Conservation Program. Board of Trustees —April 22,2003 —Page 2 3.Renewable 10-year Lease for 1 ac.ft.of Windy Gap Water for Bureau of Reclamation Property (Marys Lake Campground),and 1- yr.Lease for I ac.ft.of Windy Gap Water for Glacier View Subdivision. B.Public Works,April 17,2003: 1.2003 Street Improvement Program (Portion)—$150,000 for Chip Seal,Slurry Seal,and Striping. 2.Highway 34 Gateway Sign,Construction/Installation,West of Dry Gulch Rd.on North Lake Ave.—$44,000. Trustee Gillette requested Item 3.B.2.be removed from consent agenda for discussion. It was moved and seconded (Doylen/Gillette)the Consent Agenda,excluding Item 3.B.2.be approved,and it passed unanimously. Highway 34 Gateway Sign,Construction/Installation,West of Dry Gulch Rd.on North Lake Ave.—$44,000.Public Works Dir.Linnane reviewed the design and cost estimates for said sign.He is meeting with CDOT on 4/25 to review location of the sign,and he anticipates a favorable response.Photos of the original and final location (east of Olympus Lodge)were displayed.Construction includes a 30-minute parking area,paving,water tap,irrigation,and electricity.The rock will match the existing sign located on Hwy.36;however,the new sign will not include the Rotary Club logo and will include “Welcome to Estes Park.”Trustee Gillette questioned the expenditure of funds due to current budgetary constraints,and Administrator Widmer responded that this project is included in the Community Reinvestment Funds,thus the present state of the economy has no affect on this particular fund.Landscaping will be performed in-house,however,the level of landscaping is yet to be determined.Concluding all discussion,it was moved and seconded (Newsom/Doylen)funding in the amount of $44,000 be approved for the Highway 34 Gateway Sign,and it passed unanimously. IA.PLANNING COMMISSION AGENDA (Approval of): FINAL PLAT OF LOTS 1 AND 2,STANLEY HISTORIC DISTRICT, OVERLOOK DEVELOPERS,INC./APPLICANT.Mayor Baudek opened the public hearing,and Community Development Director Joseph presented the staff report,stating that the Town Board approved the final plat for these lots in 2001;however,the plat was never signed and recorded.The current owners are now ready to sign and record the the identical plat;no other changes are included.As there was no public testimony,Mayor Baudek closed the public hearing,and it was moved and seconded (Barker/Habecker)the Final Plat of Lots I and 2,Stanley Historic District be approved,and it passed unanimously. 2.ACTION ITEMS: NEW TAVERN LIQUOR LICENSE APPLICATION FILED BY REGALADO, LLC.,dba THE 1800 SPORTS BAR,820 Moraine Ave.(former KFC Restaurant).Mayor Baudek opened the public heating and Town Clerk O’Connor presented the application,confirming that the Applicant was scheduled to attend required T.I.P.S.Training April 16th Heather Regalado read the company’s Mission Statement,commenting on planned activities;a non-smoking facility,free transportation at designated times to keep patrons safe,providing a fun and safe environment.Hours of operation for the sports bar are 11:00 a.m.-10:OOp.m.,transitioning into a nightclub atmosphere until approximately 1:00 p.m.Velia Kucharyson added that a Board of Trustees —April 22,2003 —Page 3 sound-containment plan for the ceiling and modification for the entrance doors are underway. Gary Mitchell and Staff/Tiny Town Cottages,presented a letter dated April 22,and he addressed noise complaints that have occurred with previous liquor licensees at this location,and miss-placed trash.He has discussed these issues with the Applicants,and they appear willing to resolve stated concerns. Trustee Barker cautioned the Applicant concerning potential adult employee actions/activities while in the presence of underage employees,and adherence to the State Liquor Code,specifically as it relates to the protection against selling to minors.Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license,it was moved and seconded (Newsom/Gillette)the New Tavern Liquor License filed by Regalado,LLC,dba THE 1800 SPORTS BAR,be granted,and it passed unanimously. •NEW HOTEL &RESTAURANT LIQUOR LICENSE APPLICATION FILED BY THE INN AT ESTES PARK,1701 N.LAKE AVE.Mayor Baudek opened the public hearing and Town Clerk O’Connor presented the application, confirming that the Applicant was scheduled for required T.I.P.S.Training April 18th Applicants Larry Hert and Lill Ciezczak were present and stated that their intent is to provide liquor service for banquet facilities,afternoon social hours,etc.,not late-night drinking,and they share the Board’s concern with preventing service to minors.There being no persons speaking in opposition,Mayor Baudek closed the public heating.Trustee Barker cautioned the Applicant concerning adherence to the State Liquor Code, specifically as it relates to the protection against selling to minors.Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license,it was moved and seconded (Gillette/Habecker)the New Hotel & Restaurant Liquor License filed by The Inn at Estes Park be granted,and it passed unanimously. •TRANSFER OF OWNERSHIP:FROM:LAB PROPERTIES,INC.,dba OLD GASLIGHT PUB,TO:CAVENDER A.ANDREWS,dba CAVANAUGH PUB, 246 MORAINE AVE.,HOTEL &RESTAURANT LIQUOR LICENSE.Town Clerk O’Connor presented the application,confirming that the Applicant was scheduled for mandatory T.I.P.S.Training April 18th Responding to various questioned by Trustee Jeffrey-Clark,Mr.Andrews stated that:Andy Andrews will serve as the bookkeeper;the Glacier Grill was not listed under former business as he was employed by his father;a brother (mentioned during the Applicant’s previous Manager Registration)will not be involved;a floor manager is under probationary status,and,if successful,the employee will be registered.Trustee Barker commented that the Town Board does take liquor licensing,particularly with prohibiting liquor availability to minor-aged youth,and requested the Applicant assist in this effort.Concluding al testimony,It was moved and seconded (Gillette/Habecker)the Transfer of Ownership to Cavender A.Andrews,dba CAVANAUGH PUB be approved.Trustee Barker stated that for all the reasons stated previously (judgment or lack thereof on behalf of the Applicant),he will not support approval of this application.The motion passed by the following votes: Board of Trustees —April 22,2003 —Page 4 Those voting “Yes”Trustees Gillette,Habecket,Jeffrey-Clark and Newsom. Those voting “No”Trustees Barker and Doylen. 2.TOWN ADMINISTRATOR’S REPORT. -Th A.Elected Officials Liability Report.Town Attorney White reported that CIRSA has cancelled their Elected Officials Liability Coverage.However,the Town Board is coveted under the Governmental Immunity Act ($500,000).This coverage is available when a Trustee (when acting in their duty as a Trustee) is engaged in an activity that could lead to a claim.Trustees were cautioned to notify the Town of that possibility,and,if served a lawsuit,to notify Town staff within 15 days of service. The Larimer County District Court has dismissed,in its entirety,the lawsuit filed by Larry &Donna Coulson vs.the Estes Valley Board of Adjustment. B.Blizzard of 2003 Report.Public Works Director Linnane reported on operations during the snowstorm,and the estimated internal and external costs of approximately $100,000.These costs include vehicle depreciation, fuel,salaries,and contractor fees;however,the majority of expenses were in- house.A small portion of the costs are reimbursable through FEMA. Although the cost of vehicle repairs was substantial,the vehicle maintenance account remains within budget.The Trustees commended all crews involved in this snow removal effort. C.Travel Industry Survey.Statistics confirm that 81 %of the American public is still planning on traveling,and neatly one-half are making their plans late. D.Thorp Associates Design Services Proposal with EPURA for Estes Park Performing Arts Center/Park Theater/Park Center Mall Remodel.Town Administrator Widmer briefed the Trustees on the Scope of Work for a 500- seat cultural arts theater with backstage rehearsal space,support and shop areas,multi-purpose spaces,lobby and public service area,coordinated into an expanded EPURA Riverwalk Design.Design fees are as follows: •Performing Arts Theater $41,500 •Park Theater Renovation 7,000 •Park Center Mall Remodel 6,000 TOTAL:$54,500 Funding for this proposal is being provided by the Town with funds donated by FOSH.Following discussion,Mayor Baudek requested and received consensus for EPURA to proceed with this contract. Following completion of all agenda items,Mayor Baudek adjourned the meeting at 8:24 p.m. 6hn Baudek,Mayor Vickie O’Connor,Town Clerk