The URL can be used to link to this page

Home My WebLink AboutMINUTES Town Board 2006-10-10Town ofEstes Park, LormerCounty, Colorado, October 1O.2U08 Minutes ofaRegular meeting of the Board of Trustees of the Town ofEstes Pad, Lahrner County Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 10"' day of October, 2000. K8emt|n8 um||ed to order by yWayorBaudek. Also Present: JohnBoudek, Mayor Bill Pinkhann.Mayor ProTarn Trustees Eric B|ookhuot [}odaEisen|ouer Richard Homeier Chuck Levine Wayne Newsom Randy R000|o.Town Administrator Jackie Williamson, Town Clerk Gregory A.White, Town Attorney Absent: None Mayor Baudnkcalled the meeting toorder at7:0Op.m.andaUdeuiringtodoso.rucbod the Pledge of Allegiance. FIRE DEPARTMENT ^SR4RKY^PRESENTATION. Fineman Mark |gsJ and Dave Co|000n were present to introduce "Sparky o new interactive educational too[ purchased with matching grant funds. ^Sparky" along with oevono| puppeta, also purchased with the grant funds, will be used at the schools this week as a part of Fire Prevention week. PUBLIC COMMENT None - TOWN BOARD COMMENTS Trustee Levine informed the community that Susan Ryder, winner of the Pride Award for Teacher of the Year, was awarded Colorado Teacher of the Year. Trustee Black unst reminded the public that the Estes Park Housing Authority would meet Wednesday at8:3Ua.m.inRoom 2U3. [Nayor8audak requested staff and Attorney White address the recent accusations by the Committee for Fair and Equitable Fire Protection that the Town does not have the legal right to take a position on the proposed fine district or fund any portion of the election. Administrator Repola stated the formation of the Other Protection Area (OPA) was atthe request ofISO 0uclassify properties outside Town limits. The Town also has an agreement with the County to provide fine protection to properties in the Estes Valley. Either party can oanoa| this agreement with 15 days written nuUms. The Committee otstao the actual cost to provide fire protection to the OPA in |eoo than $90.000/yr. The overall costs for fino protection in 2005 was $761.105 including $477.010 provided by the Town. During the preceding 4 yeam, half of the fine uaUu have come from properties outside Town limits; therofon*, the cost to provide service to the OPA in 2005 was approximately $370.000. The mill levy requested by the proposed fire district includes funds for future gn/wdh, rural substations and the purchase of new equipment. The Committee also states the residents of the valley have worked towards a united Estes Valley and the passage of separate fire district would goagainst these efforts. Staff stated the Town has provided planning services tn the valley through an |GA with the County. In return the County makes annual payments for the compensation of an entry-level planner and the Town retains all fees associated with the reviews. This arrangement is similar to the proposed fire district. Board of Trustees — October 10, 2006 — Page 2 Attorney White stated no case law has been found to support the Committees claims that there is ample Colorado case law that states the Town cannot stop providing fire protection services to the OPA. The County sheriffs department has the legal requirement to provide fire protection to the OPA. Without the IGA with the County, the sheriff's department could request the municipality to provide fire protection service and if provided, the municipality could assess the property to recover costs. In addition, the Town has the legal right to budget funds for the election and can take a position on the proposed fire district; however, the Town cannot campaign for the district. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 26, 2006. 2. Bills. 3. Committee Minutes: A. Public Safety, September 28, 2006: 1. Halloween Road Closure — Elkhorn Ave. from Spruce to E. Elkhorn from 5:00 p.m. to 9:00 p.m. B. Community Development, October 5, 2006: Community Development 1. Waive Land Use Development Fees for Habitat for Humanity 3-lot project in the Ferguson Subdivision. Administration 2. Appointment of William McNamara to the Stanley Park Theatre Advisory Committee, completing Nancy Stevens appointment, expiring March 31, 2008. 4. Resolution #24-06 — Schedule public hearing date of November 14, 2006 for New Beer & Wine Liquor License Application filed by YAMA INC. dba Sushi Yama Express, 356 E. Elkhorn Ave. #3. Trustee Levine recused himself from item 3.B.1. It was moved and seconded (Pinkham/Levine) the Consent Agenda Items 1, 2, 3.A.1, 3.B.2 and 4 be approved, and it passed unanimously. It was moved and seconded (Newsom/Homeier) the Consent Agenda Item 3.B.1 be approved, and it passed with Trustee Levine abstaining. 2. ACTION ITEMS: 1. LARIMER COUNTY CRIMINAL JUSTICE ISSUES - UPDATE. County Manager Lancaster provided an overview of the current County criminal justice system that includes treatment, County jail, jail alternatives (work release, weekend program, etc.), court, probation, police, district attorney, community corrections and parole. The current system is not capable of expanding to meet the needs of the community. Currently offenders are only serving 75% of their sentence and the County is discussing the option to request non violent offenders be released after 50% of a sentence is served due to overcrowding. Those offenders that should be housed in maximum -security facilities are being housed in lower security facilities placing the jail personnel at risk. Referred Issue 1A requests the voters of Larimer County to approve a 5-mill levy increase for the next 4 years to provide funds for expansion of the jail, additional alternative programs and treatment facilities for mental health, substance abuse and a detox center. If the measure is defeated there will likely Board of Trustees — October 10, 2006 — Page 3 be an increase in early releases, an increase in plea bargains and individual may not be charged for certain crimes. The net effect would be less swift and sure justice. The County estimates a sales tax increase would be needed in the future to operate the new facilities. 2. ESTES PARK URBAN RENEWAL AUTHORITY REAPPOINTMENT. Mayor Baudek requested reappointment of Ron Wilcocks to the EPURA Board for a 5-yr. term, expiring 9/2011. It was moved and seconded (Homeier/Blackhurst) Commissioner Wilcocks be reappointed, and it passed unanimously. 3. LIQUOR LICENSING PRESENTATION. Town Clerk Williamson & Attorney White provided an overview of liquor licensing including the local liquor licensing authority to approve new licenses, transfers and take administrative action for violations of the liquor code. Clerk Williamson also reviewed the different types of licenses, procedures for a new/transfer license, persons prohibited under state statute as a licensee, restriction of applications and renewals. Attorney White stated the local liquor authority (Town Board) under state statue must determine if the reasonable requirements of the neighborhood are or are not met by the present liquor outlets in the neighborhood and the desires of the adult inhabitants. The position of the Town Board has been to grant a license if the licensee and the application meet the state requirements and let the market determine how many establishments are needed in the community. With regard to transfers, the Board only has to determine if the transferee meets the minimum requirements as a licensee. The Town adopted stipulation guidelines in 1999 to provide a consistent set of rules to be used by staff and the local licensing authority. The Board serves as a quasi-judicial body when approving a liquor license. 4. PUBLIC HEARING: NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY PHILLIPS MANAGEMENT SYSTEMS, INC. dba SMOKIN' DAVE'S BBQ & TAPHOUSE 820 MORAINE AVE. Mayor Baudek opened the Public Hearing and reviewed procedure. Town Clerk Williamson presented the Application and confirmed the Town has not received any communications or evidence in support or opposition to the application, and required T.I.P.S. has not been scheduled. Comments were heard from David & Cat Oelhman/Applicants, who provided personal background information and several signed petitions. They plan on operating the restaurant as a family oriented establishment with hours of 11:00 a.m. to 9:00 p.m. Trustee Levine encouraged the Applicants to be vigilant when serving and that the Board takes very seriously the operation of liquor licenses and the Liquor Code. There being no further testimony, Mayor Baudek closed the Public Hearing. Stating 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 (Blackhurst/Homeier) the New Hotel and Restaurant Liquor License application filed by Phillips Management Systems Inc. dba Smokin' Dave's BBQ & Taphouse be approved, and it passed unanimously. 5. PUBLIC HEARING: NEW RETAIL LIQUOR LICENSE APPLICATION FILED BY WINE, LLC, dba WINE 332 E. ELKHORN AVE. Mayor Baudek opened the Public Hearing and reviewed procedure. Town Clerk Williamson presented the Application and confirmed the Town has not received any communications or evidence in support or opposition to the application, and required T.I.P.S. has been scheduled for October 17, 2006. This retail license application is for a boutique wine shop and will not carry the typical stock of a package retail store. Comments were heard from George Hockman/1625 Prospect Estates Dr. spoke out in opposition to a retail liquor establishment downtown. He is concemed the reasonable requirements of the Board of Trustees — October 10, 2006 — Page 4 neighborhood are not a consideration when approving/disapproving new liquor licenses. Barney Treadway/Applicant thanked the Board for their consideration and presented several signed petitions. He stated the store would provide the citizens and tourists of Estes Park the opportunity to purchase wines that can not be found anywhere in Estes Park. Trustee Levine stated the Town Board takes the liquor laws seriously and strongly encouraged the Applicant to obey and enforce those laws. The Board agreed this application is a unique establishment unlike any other retail store in Estes Park. There being no further testimony, Mayor Baudek closed the public hearing. 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/Pinkham) the Retail Liquor License Application filed by Wine LLC dba Wine be approved, and it passed unanimously. 6. PUBLIC HEARING: NEW BEER & WINE LIQUOR LICENSE APPLICATION FILED BY CHEESE LLC, dba CHEESE 330 E. ELKHORN AVE. Mayor Baudek opened the Public Hearing and reviewed procedure. Town Clerk Williamson presented the Application and confirmed the Town has not received any communications or evidence in support or opposition to the application, and required T.I.P.S. has been scheduled for October 17, 2006. This beer and wine license application is a unique shop pairing wine and cheese flights with the cheeses served sold on premise. All wines would be available at Wine next door. Comments were heard from Maggie Treadway/Applicant stating her goal is to educate the public about wine and cheese and how to pair them. She also stated that all employees would be TIPS trained. Mayor Baudek closed the public hearing. 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 (Pinkham/Levine) the Beer and Wine Liquor License Application filed by Cheese LLC dba Cheese be approved, and it passed unanimously. 7. FUNDING FOR HERMIT PARK ACQUISTION. The Town has been asked by the Larimer County Parks and Open Lands to participate in the acquisition of Hermit Park along with several other entities. This matter was discussed by the Board at their September 12, 2006 meeting and referred the item for further discussion to the Community Development Committee. Administrator Repola reviewed the Community Development Committees finding from their October 5, 2006 meeting. Mayor ProTem Pinkham recused himself from the discussion due to a perceived conflict of interest. He provided an update on the current progress in securing the land from the Estes Valley Land Trust point of view: an appraisal has not been completed due to Agilent's access policy for the property; an appraisal should be completed by November/December, Dept. of Wildlife's contribution will be considerably Tess than hoped for; the employees of Agilent and HP have begun fundraising; the Land Trust has agreed to hold the funds of local fundraising groups; the Land Trust has requested the Town Board consider approving up to $400,000; the purchase price for the property most likely will exceed the secured funds from the other entities. Trustee Blackhurst stated his concerns with the County's timeframe and lack of a contingency plan for the purchase of the property. He stated $400,000 is an excessive amount to spend outside Town limits when there are other projects the Town would like to complete. He questioned if the Town's trail system could connect to the property. Trustee Levine pointed out the Hermit property contains more miles of trails than the Town could afford to build. Board of Trustees — October 10, 2006 — Page 5 Trustee comments are summarized: staff should discuss with the County the Town's right of first refusal to continue operations of the park should the County cease to operate it and an annual dividend payment from the County to the Town's Open Space fund in the amount of 1% of the gross revenues from Hermit Park per year for each $100,000 contributed by the Town towards the purchase price; there is a significant difference in what Agilent and Larimer County Parks and Open Space feel the property is worth; Trustees would like to continue to pursue the acquisition of the property; the Open Space Fund has funds available to contribute up to $400,000; if the contract can not be negotiated the money would remain in the Open Space Fund. Trustee Blackhurst commented he is in favor of the acquisition; however, he is uncomfortable with the higher dollar amount. It was moved and seconded (Blackhurst/Eisenlauer) to support the acquisition of Hermit Park and provide financial support and it passed unanimously. It was moved and seconded (Levine/Newsom) the Town provide funding in an amount not to exceed $400,000 from the Open Space fund for the purchase of Hermit Park should the purchase of the Hermit Park move forward with the following conditions: 1) The Town shall have first right of refusal to continue operation of the park should the County cease to operate it. 2) The Town requests an annual dividend payment from the County to the Town's Open Space fund in the amount of 1% of gross revenues from Hermit Park per year for each $100,000 contributed by the Town towards the purchase, and it passed with Trustee Blackhurst voting "No" and Mayor ProTem Pinkham abstaining. 8. TOWN ADMINSTRATOR REPORT. • The Town will host the CAST quarterly meeting and the Board is invited to the dinner on October 26th and the meeting to be held in the Town Board Room on October 27t. • Public Works Committee meeting has been cancelled and updates on current projects will be placed in the Trustee mailboxes. • The second of four budget study sessions for 2007/2008 will take place on Friday in the Board Room at 8:30 a.m. • Homecoming is this weekend. Whereupon Mayor Baudek adjourned the meeting at 9:25 p.m. J6kie Williamson, Town Clerk n Baudek, Mayor