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HomeMy WebLinkAboutPACKET Town Board 1993-03-09BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 9, 1993 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated February 23, 1993. 2. Bills. 3. Committee Minutes: A. Special Events, February 25, 1993. B. Community Development, March 4, 1993. 4. Liquor License Renewals: A. Mama Rose's Restaurant, 338 E. Elkhorn Ave., Beer and Wine. 5. Pine Knoll Addition Annexation Petition - Intent to Annex Resolution (refer to Planning Commission). ACTION ITEMS: 1. Special Events Committee, February 25, 1993: A. Theatrical Media Services Agreement - Approval. 2. Community Development Committee, March 4, 1993: A. Procedures to Create Housing Authority - Approval. 3. A. Public Hearing: Amended Plat of Lots 4, 5, 22 and 23, Block 8, Country Club Manor Addition, William, Mary June and Edward W. Myers/Applicant - Motion to table. B. Public Hearing: Amended Plat of Lot 8, DeVille Subdivision, Richard N. Statham/Applicant. 4. Show Cause Hearing: Mountain Dew Liquor, Retail Liquor Store License, 182 S. Saint Vrain Ave. 5. Town Administrator's Report. A. 1 2[0(Ult Of ~i9129 ~lark, Larimer County, Colorado, ........February.23, 19, 93 , Minutes of a.... Regular· ···· meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park 23rd February 93 on the day of .... ........, ...,.,.,,, A. D. 19....at regular meeting hour. Meeting called to order by Mayor H. Bernerd Dannels Present: Mayor H. B. Dannels Trustees: George J. Hix, Mayor ProTem Norbert L. Aldrich, Robert L. Dekker, Stephen W. Gillette, Also Present: Gary F. Klaphake, David Habecker Town Administrator Gregory A. White, Town Attorney A*,60,/ Vickie O'Connor, Town Clerk Absent: David Barker, Trustee Mayor Dannels called the meeting to order at 7:32 P.M. and presented an Award of Financial Reporting Achievement issued by the Government Finance Officers Association to Finance Officer Vavra. The Town has received the Award for the past six years. Mayor Dannels also acknowledged Steve Jackson, CPA for his assistance which lead to the Award. PUBLIC INPUT. Dick Pratt advised that Cable Systems, Inc. (CSI) is required by FCC to: (1) allow third-party access and (2) if a cable system supplies more than 36-54 channels, 10% must be made available for commercial access. Mr. Pratt alleged CSI is negligent in both cases and urged the Board to ensure CSI complies with current FCC Regulations. Administrator Klaphake stated that both allegations will be forwarded to CSI for response. CONSENT CALENDAR: 1. Town Board minutes dated February 9, 1993. 2. Bills. 3. Committee Minutes: A. Light & Power, February 11, 1993. B. Public Works, February 18, 1993. C. Planning Commission, February 16, 1993 (acknowledgement only). 4. Liquor License Renewals: A. Associated Property Consultants, Inc., dba COACH HOUSE COMEDY STOP, Hotel & Restaurant License, 600 W. Elkhorn Ave. (Elkhorn Lodge). B. Alice Claire Ray, dba GAZEBO RESTAURANT & TAVERN, Hotel & Restaurant License, 225 Park Lane, includes Extended Hours. It was moved and seconded (Hix/Aldrich) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Light & Power Committee, February 11, 1993: Board of Trustees - February 23, 1993 - Page 2 Cable System Franchise Agreement. Ass 't. Administrator Widmer reviewed an outline for preparation of a new Franchise Agreement: February/March - research and formulate issues to be discussed (will be considered by the Light & Power Committee in April); April - begin negotiating with CSI; May/June - Town Attorney White to draft a Franchise Agreement; July - said Agreement to be considered by the Light & Power Committee, with a recommendation to the Board. Research will concentrate on similar-sized tourist municipalities as Estes Park. 2. Public Works Committee, February 18, 1993: A. M.D.C./Superior Metropolitan District - Eighth Amendment. Public Works Director Linnane briefed the Trustees on the 8th Amendment with M.D.C. which amends the Windy Gap Payment Schedule. Attorney White negotiated a higher interest rate of 7.5%; payments will begin March 1, 1993 and end October 1, 1993; principal will total $635,934.20, and interest will be $36,267.14. It was moved and seconded (Habecker/Gillette) the Eighth Amendment to the Contract to Purchase Windy Gap Water with M.D.C. be approved, and it passed unanimously. B. Resolution #7-93 - Auqmentation Plan. Director Linnane reported on a resolution that authorizes staff and Attorney White to file the Augmentation Plan with the Water District Court. A schedule for implementation was reviewed. It was moved and seconded (Habecker/Dekker) Resolution #7-93 be adopted, and it passed unanimously. C. Rebate Agreement - America Honda Education Corporation (Honda). A Waterline Extension and Oversizing Agreement with Honda was favorably recommended by the Public Works Committee. The Agreement authorizes a rebate charge of 30% over and above the Town's connect charges payable to Honda when a private party desires to tap into the 12" waterline. Area property owners will not be affected unless they elect to connect to the waterline. Negotiation on the rebate amount will not involve the Town. It was moved and seconded (Habecker/Gillette) the Rebate Agreement with American Honda Education Corporation be approved, and it passed unanimously. D. Miscellaneous Equipment/Protect Budget Expenditures - Approval. Staff requested authorization to purchase the following equipment: Skylights/$6,850; Three-Wheel Riding Mower/$5,800; and Three-Wheel Truckster/$6,384. All items were below budget. It was moved and seconded (Habecker/Gillette) staff be authorized to purchase the equipment as presented, and it passed unanimously. Director Linnane reviewed general improvements necessitated by the Americans with Disabilities Act (ADA) (budget amount not- ' to-exceed $10,000) and the proposed Park Shop Addition (not- to-exceed $9,300). It was moved and seconded (Habecker/Gillette) staff proceed with the ADA improvements and Park Shop Addition with the associated not-to-exceed budget amounts, and it passed unanimously. E. Water Rate Ordinance #2-93 - Adoption. Pursuant to previous Public Works Committee and Town Board action, Attorney White presented an amended Water Rate Ordinance that conformed certain ordinance definitions to the Zoning Code. The Committee postponed discussion on a definition for affordable housing, thus such was not included in the ordinance at this time. Attorney White read the ordinance in full, and it was moved and seconded (Habecker/Gillette) the Water Rate Ordinance be approved, and it passed unanimously. Whereupon, Mayor Dannels declared the Ordinance duly passed and adopted, ordered it numbered 2-93, and published according to law. Board of Trustees - February 23, 1993 - Page 3 Note: the ordinance will take effect 30 days after adoption and publication. F. RMC Scope of Services - Approval. Rocky Mountain Consultants submitted a proposal not-to-exceed $14,494 for design of the 1993 Water Loop Project. It was moved and seconded (Habecker/Gillette) the Proposal be approved, and it passed unanimously. 3. Amended Plat of Lots 4. 5. 22 and 23. Block 8. Country Club Manor Addition. William Marv June and Edward W. Myers/Applicant. It was moved and seconded (Hix/Aldrich) the Amended Plat be continued to March 9, 1993, and it passed unanimously. 4. Resolution #8-93 - Public Place Posting Notice. Clerk O'Connor advised that pursuant to an amendment to the Colorado Sunshine Act, municipalities are required to pass a resolution every year designating a public place to post notices of its meetings. Said location will be the lobby area immediately adjacent to Administrative Offices in the Estes Park Municipal Building. It was moved and seconded (Hix/Aldrich) Resolution #8-93 be adopted, and it passed unanimously. 5. Liquor Licenses: A. Show Cause Hearing - East Side Food Store. Mayor Dannels - opened a liquor show cause hearing for East Side Food Store, 3.2% Retail Beer License, 381 S. Saint Vrain Ave. Mayor ProTem Hix declared a potential "conflict of interest" and + stated he would not participate in discussion nor vote. Attorney White reviewed procedure to be followed, and Police Chief Racine presented the case, alleging East Side Food Store violated Section 12-46-112 (1) (b) (I) of the Colorado Liquor and Beer Code--Sale to a minor. The Licensee was represented by Charles Bloom, Attorney. Attorney Bloom stipulated such a violation did occur. Roger Shippy, Secretary/PaCK, Inc., read a letter dated February 10, 1993 urging the Town to take a "hard line approach" with both offenses (East Side and The Country Store). There being no further testimony, Mayor Dannels declared the show cause hearing closed. It was moved and seconded (Aldrich/Dekker) the following "finding" be approved: that the Licensee has violated Section 12-46-112-(1)(b)(I) of the Colorado Liquor and Beer Code, and it passed unanimously, with Mayor ProTem Hix "Abstaining." Whereupon, Chief Racine submitted a recommendation for suspension of the license for 15 days. Trustee Habecker moved the license be suspended for 30 days. The motion failed for lack of a second. It was moved and seconded (Aldrich/Dekker) License #03-30054 issued to East Side Food Store be suspended for 15 consecutive calendar days, from 12:01 A.M. March 1, 1993 until 11:59 P.M. March 15, 1993, and it passed unanimously, with Mayor ProTem Hix "Abstaining." B. Show Cause Hearing - Mountain Dew Liquor. It was moved and seconded (Hix/Aldrich) this show cause hearing be continued to March 9, 1993, and it passed unanimously. C. Show Cause Hearing - National Park Village South. aka The Country Store. Mayor Dannels opened a liquor show cause hearing for National Park Village South/The Country Store, 900 Moraine Ave. Mayor ProTem Hix declared a potential "conflict of interest" and stated he would not participate in discussion nor vote. Police Chief Racine presented the case, alleging The Country Store violated Section 12-46-112(1)(b)(I) of the Colorado Liquor and Beer Code--Sale to a minor. The Licensee was represented by John Phipps, Attorney. Attorney Phipps Board of Trustees - February 23, 1993 - Page 4 stipulated such a violation did occur. There being no further testimony, Mayor Dannels declared the show cause hearing closed. It was moved and seconded (Aldrich/Dekker) the following " f inding" be approved: that the Licensee has violated Section 12-46-112-(1)(b)(I) of the Colorado Liquor and Beer Code, and it passed unanimously, with Mayor ProTem Hix "Abstaining." Whereupon, Chief Racine submitted a recommendation for suspension of the license for 15 days. It was moved and seconded (Aldrich/Habecker) License #03-02531-003 issued to Deer Ridge Inc., dba NATIONAL PARK VILLAGE SOUTH/THE COUNTRY STORE be suspended for 15 consecutive calendar days, from 12:01 A.M. March 1, 1993 until 11:59 P.M. March 15, 1993, and it passed unanimously, with Mayor ProTem Hix "Abstaining." D. Resolution #8-93 - New Hotel and Restaurant Liquor License. It was moved and seconded (Hix/Dekker) a public hearing date of March 23, 1993 be set to consider a New Hotel and Restaurant Liquor License Application filed by The Event Center, Inc., 470 Prospect Village Dr., and it passed unanimously. 6. Town Administrator' s Report. Administrator Klaphake and Clerk O'Connor briefed the Trustees on the upcoming "Community Breakfast Program" which was endorsed by the Board as one of their Goals for 1993. The 1992 Voter Registration List will be utilized to randomly select 20 citizens throughout the community, inviting them to attend the Breakfast. It is' anticipated these informal meetings will provide a forum for I the citizens to discuss issues which may be pertinent to Town affairs. Trustee Habecker briefed the Board on the 1993 Park and Ride Program advising that 200 letters were mailed to the Downtown Merchants inviting them to attend a meeting to discuss said Program; approximately 30 merchants attended the meeting. Following subsequent meetings, the following was endorsed: A. Chamber of Commerce Director Boschen will help promote the Program: motto: "Open A Spot for the People that Shop." The Chamber will sell a minimum of 500 season passes. The Town will pay $15.00 and merchants will pay $10.00 of this $25.00 fee. B. The Park and Ride Program will begin June 28 and end August 22, from 7:30 A.M. - 10:00 P.M. C. The Bureau of Reclamation Lot will be utilized in 1993; the Conference Center Lot has been deleted. Trolleys will stop every 30 minutes at this lot and every 40 minutes at other stops. The season pass allows a pick-up/drop-off at any stop along the route. All three (3) trolleys will be utilized in 1993. The Town's project cost will be $7,500 based upon 500 season passes sold, and funding will be derived from reduced travel expenses. The season pass sale deadline is March 18. Final Park and Ride details will be considered by the Public Works Committee. i Following completion of all agenda items, Mayor Dannels commented on a news article recently included in the National League of Cities Weekly Magazine. Estes Park's success story following the 1982 Flood was featured in a full-page article. Trustee comments included: CACEP's successful "Imagine This" event held February 20th at the High School; favorable response to a "smoke-free" atmosphere proposed by The Event Center; and the possibility of the Arts filling a void for schools in lieu of Amendment 1 cutbacks. Board of Trustees - February 23, 1993 - Page 5 Trustee Dekker offered a brief history of Leon Sweetland's (deceased) employment with the Town. There being no further business, Mayor Dannels adjourned the meeting at 9:36 P.M. .................. Mayor ................ Town Clerk A I BRADFOR/PUBLISHING.0 RECORD OF PROCEEDINGS Special Events Committee February 25, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Special Events Director Scott, Special Events Coordinator Hinze, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:30 A.M. LONGS PEAK SCOTTISH-IRISH FESTIVAL Jim Durward, President, presented a 1984 Master Plan, addressed to the Estes Valley Recreation and Parks District, which included goals and needs relating to the festival. Dr. Durward stressed that the growth of this event requires cooperation for establishing an improved infrastructure of the festival site. The following items were presented by Dr. Durward: 1. Traffic control: Requested sign promoting festival placed on I-25. 2. Flag poles: Two flag poles were donated by McDonald's. Location needs to be determined. 3. Dedicate street to playground: Requested dedication and asphalting portion of Community Drive to playground. 4. Bureau of Reclamation Grants: Grants are available for recreation areas and infrastructure projects. 5. Hayride shuttle: Asked that town provide tractor and hay rack for parking lot shuttle. 6. Bus shuttle from town to festival grounds: Presently under contract with Trolley Corp. 7. Restrooms: Reported portable restrooms are available at an approximate cost of $15,000 to $20,000. Director Scott will provide more information at the next meeting, including benefits of purchasing rather than renting. 8. Landscape pavillion: Reported on a possible amphitheater development next to the pavillion. Requested that town asphalt the area. 9. Bleachers: Asked that the town consider the purchase of additional portable bleachers. The Committee requested staff comment on items 1-9, with items 3 and 8 being referred to the Public Works Committee. All items will be considered, contingent upon budget restrictions. Dr. Durward also reported on the Mid-Winter Clan Get Away being held at the Convention Center during the St. Patrick's Day holiday. This will be the second year and 100 participants are expected. BRADFOR/PUBLISHINGCO RECORD OF PROCEEDINGS Special Events Committee, February 25, 1993, Page 2 AGREEMENTS Director Scott reported. that both the agreement with the Westernaires and Theatrical Media Services are standard contracts. The dates for the horse shows are scheduled for August 13th and 14th. Theatrical Media Services will furnish sound, lights, stage roof, stage, generator and two spotlights for the Sammy Kershaw concert, in the amount of $8,000, which includes a $500 increase , from last year. The Committee recommends approval of these two agreements. VALENTINE WEEKEND EVALUATION Special Events Coordinator Hinze reported on the success of the Valentine's Weekend, February 13th and 14th. Activities included hayrides, antique car rides, romantic movies, renewal of vows ceremony, dance, and Kissable Lips Contest. Attendance was down from the previous year, perhaps due to inclement weather. Restaurants and stores reported good sales, and area accommodations were booked. Possible year-around promotion was suggested as a way to increase the popularity of this event. TRUCK BIDS Proposals for a one-ton truck, per specifications, were requested from Burt Chevrolet and Rains Motor Company. The Committee recommends acceptance of the low bid in the amount of $18,754.93 from Burt Chevrolet. BARN W - FLOOR COVERING Floor covering for Barn W was discussed. Indoor/outdoor carpeting at a cost of $7,000, plus $1,000 yearly for cleaning and storage was considered; however, it was decided asphalting, at a projected cost of $17,000, would be the most cost-effective. Rally'n the Rockies has agreed to contribute $2,500. The balance will come from cuts in Special Events operational expenses, such as travel allowance and repair and maintenance bills. The Committee recommends this discussion be discontinued at this time so that bids for asphalting can be obtained and submitted by the Public Works Department. COMPOST GRINDER -- REPAIR The compost grinder is in need of repair at an approximate cost of $4,000. The cost for a new grinder is $24,000. One half of the straw has been ground. The remainder of the straw is partially decomposed and it was suggested that this be used to seed an area off Manford Avenue, at a cost of $600 to $700. The Committee recommends that repairs on the grinder be postponed until next year and the remainder of the straw be used to for seeding an area north of the race track. The Committee instructed Director Scott check into possible grants for the repair or replacement of the compost grinder. REPORTS Coordinathr Hinze notified the Committee of the Special Events Annual Meeting, March 3rd, 10:00 a.m. There being no further business, Chairman Hix adjourned the meeting at 9:40 A.M. -77-A Kal Tina Kuehl, Deputy Town Clerk BRAD/(DROPUILISHING.0 RECORD OF PROCEEDINGS Community Development Committee March 4, 1993 Committee: Chairman Barker, Trustees Hix and Dekker Attending: Trustees Hix and Dekker Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Clerk O'Connor Absent: Chairman Barker Acting Chairman Hix called the meeting to order at 10:01 A.M. ECONOMIC STUDY GROUP - REPORT. Members of the Economic Study Group include: Chairman Barker, Jean Austin, Dick Barlow, Frank Bassett, Warren Clinton, Jack Holmquist, Jennie Kosenka, Connie Phipps, Rich Wille, and staff members Stamey and Klaphake. Following several meetings, Director Stamey prepared a summary of economic development ideas established by said study group. The BBC 1983 Downtown Market Analysis was utilized and updated, and input was solicited from approximately 24 organizations and agencies. The study groupls efforts provide sound background information for the Comprehensive Plan, information for assessing progress and identifying areas of concern, and suggests several initiatives which could be helpful in strengthening the economy. Priority Actions include: • Development of a transportation management system to better deal with the peak summer load. • Development of lodging/activity packages in the off- season. • Development of affordable housing. • Maximum use of the conference center. • Develop attractive entry-ways. • Develop partnership with RMNP, Larimer County the YMCA. • Remain cognizant of economic development spin-offs from the Eagle Rock School. • Development of a pedestrian/bike path system throughout the community. • Develop a coalition of national park/gateway communities. • Explore opportunities for corporate adventure training during the off-season and winter months. The Committee: (1) expressed their appreciation to the members of the Economic Study Group for their participation and ideas; (2) acknowledged receipt of the report recognizing that the concerns/ideas expressed in the report will be forwarded to DSW for potential inclusion in the Comprehensive Plan which is currently being rewritten; (3) along with Highways 34 and 36, consideration for entry beautification development include Highway 7. This completes the work of the Economic Study Group, which was appointed for one year. HOUSING AUTHORITY - REOUEST AUTHORIZATION TO IMPLEMENT PROCEDURES. The Committee reviewed procedures and documents for implementation BRADFORDPUBLISH INGCO RECORD OF PROCEEDINGS Community Development Committee - March 4, 1993 - Page 2 of the Estes Park Housing Authority which were prepared by Town Attorney White. Formation of a housing authority would assist the Town in participating in Federal and State Programs. Procedure includes circulation and submittal of a petition (containing the signatures of 25 Estes Park residents), public hearing, resolution (providing that the Commissioners of the Housing Authority shall be the Board of Trustees in their ex-official capacity), and certificate to be filed with the Department of Local Affairs. Ann Racine reported that the Board of Realtors will gather all signatures needed for the petition. Additional discussion will take place with regard to the potential establishment of an Advisory Committee to the Trustees, and the Board of Realtors will submit their suggestions for the advisory committee and related issues in the near future. The Committee recommends approval of the request to implement procedures for the creation of the Estes Park Housing Authority. REPORTS. Director Stamey presented a copy of the Spring ad (1/3-page photo) entitled "A sunny day is a matter of altitude" which was displayed in the National Geographic Traveler. Marketing and Sales Director Pickering presented a list of local non-profit group usage for the Conference Center. This type of use is a key element to achieving the Town Board's goal of maximizing the use of the Center, thus staff will continue to pursue this market through community awareness. Director Pickering also briefed the Committee on affects of Amendments 1 and 2, commenting that Estes Park has lost one conference to date. However, 40 conferences have been confirmed for 1993. Staff confirmed that the Holiday Inn in on-schedule with their major commitment for upgrading their facility. Newly-refurbished rooms are the finest in the state, and the second phase of remodeling the dining room, lounge and lobby is currently underway. Re-investment in the private sector is also occurring at several accommodation properties throughout the community. There being no further business, Acting Chairman Hix adjourned the meeting at 10:30 A.M. 112/2.6 0 -»~·~/ s) Vickie O'Connor, CMC, Town Clerk At t• c , TOWN OF ESTES PARK \ 1 51'niaL;© Police Department 993 '#-y~r ....1 . - a«,42:. .1, ~F 3 78£4.414/0 54 * , r«-- - I RSMOS> 4 ' dip r *-:. '-/f-% .7 b'~.3'6, 9*.' A %4. '% ti//~.:'L' ,13+L .tr t.17, p. 4. *. 4 \~f<,t?9».SAL· 7>z- ~_1.22- A* . -I £ .'14 , _F-' f r f February 26, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: STEVEN A. BARLOW d/b/a MAMA ROSE'S RESTAURANT Beer & Wine BARLOW, STEVE Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Steven A. Barlow, d/b/a Mama Rose's Restaurant. Sincerelv, - , V 42/z»<,6/ ~q~U€k·~ D'avid J. Racine Chief of Police DJR/jo (303) 586-4466 • RO. BOX 1 287 • ESTES PARK, CO 8051 7 • FAX (303) 586-4496 ·- CUTICD • u ; SENT BY:HAMMOND CLARK WHIT ; 3- 4-93 4:50PM ; 66993800 ·55.-DOOC,-·O=·. ¥+ - - RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-106 (1), C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees find and determines that the petition filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12-107 (1) and Section 31-12-106 (1), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred (100%) percent of the landowners in the area proposed to be annexed ahd owning one hundred (100%) percent of the area, excluding public streets, and alleys and any land owned by the annexing municipality. Such area, if annexed, will be known as "PINE KNOLL ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: Property located in the SEit of the NWit of Section 31, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Cammencing at the center i corner of said Section 31; thence N 00°47'20" W., along the East line of the S.E. 1 of the N.W. i of said Section 31 with all bearings herein relative thereto, a distance of 665.28' to the true point of beginning said point being on the Northerly right-of-way of Pine Knoll Drive; thence along said R.O.W. N 89°07'00" W A distance of 247.74' to the East boundary of One Thousand Pines Subdivision; thence leaving said R.O.W. N 06°29'13" E along said East Boundary 648.56' to the South Boundary of Village Acres Subdivision; thence leaving said East boundary S 88°39'22" E along said South boundary 165.61' to the North East corner of said S.E. f ; thence leaving said South boundary S 00°47'20" E along the East line of said S.E. f 644.40' to the true point of beginning. Also described as that portion of the SEit NWit, Section 31, TSN, R72W, Larimer County, Colorado described as the Easterly 3.3 acres of said SEA NWit. known as No. TBD, Estes Park, CO 80517. SENT BY:HAMMOND CLARK WHIT ; 3- 4-93 4: blr'M ; 509'90'DU" ..2,LII=);QUIC=C) r , r. 1. iT IS FURTHER RESOLVED, that the Town Clerk shall give notice as provided in Section 31-12-108 (2) C.R.S. IT IS FURTHER RESOLVED, that the plat of Pine Knoll Addition be referred to the Planning Commission to begin the necessary procedures to make the property subject to the zoning ordinances of the Town. DATED this day of March, 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk -2- • .....DROPUILISHING.0 RECORD OF PROCEEDINGS Special Events Committee February 25, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Special Events Director Scott, Special Events Coordinator Hinze, Deputy Clerk Kuehl Absent: 0 None Chairman Hix called the meeting to order at 8:30 A.M. AGREEMENTS Director Scott reported that both the agreement with the I.A. The dates for the horse shows are scheduled for August 13th and Westernaires and Theatrical Media Services are standard contracts. -~ 14th. Theatrical Media Services will furnish sound, lights, stage roof, stage, generator and two spotlights for the Sammy Kershaw concert, in the amount of $8,000, which includes a $500 increase from last year. The Committee recommends approval of these two agreements. ~ALENTINE WEEKEND EVALUATION Spec101 Events Coordinator Hinze reported on the success of the/ ~ Valen€*eis Weekend, February 13th and 14th. Activities includscr hayrides,7 antique car rides, romantic movies, renewal of ~dws ceremony, B1nce, and Kissable Lips Contest. Attendance was,/down from the previous year, perhaps due to inclement wdather. Restaurants ankkstores reported good sales, and area accomMibdations were booked. Poksible year-around promotion was sugges¥Gd as a way to increase the pJpularity of this event. .,\. 4 TRUCK BIDS Proposals for a one-ton truck, per specific,tffons, were requested f rom Burt Chevrolet and Rains Motor CoM'pany. The committee recommends acceptance of the iow bid in/€he amount of $18,754. 93 from Burt Chevrolet. , BARN W - FLOOR COVERING Floor covering for Barn W was d~*cussed. \:Indoor/outdoor carpeting at a cost of $7,000, plus $1%000 yearly fbr cleaning and storage was considered; however, it,Was decided asphAlting, at a projected cost of $17,000, would bp/the most cost-effective. Rally'n the Rockies has agreed to cdntribute $2,500. The balance will come from cuts in Special Edents operational expenses,\such as travel allowance and repaji and maintenance bills. +he Committee recommends this discussion be discontinued at this time so that bids for asphalting can be obtained and submitted by the Public Works Department.' COMPOST GRINDER -- REPAIR .4 The compost grinder is in need of repair at an approximate cost bf $4,000. /4he cost for a new grinder is $24,000. One half of the\£ straw ~s been ground. The remainder of the straw is partially wd decomurosed and it was suggested that this be used to seed an area N off,~anford Avenue, at a cost of $600 tb $700. The Committee re/bmmends that repairs on the grinder be postponed until next year tfid the remainder of the straw be used to for seeding an area north of the race track. The Committee instructed Director Scott check into nos:!gihle firantq fAr thA ronair Ar ranlinomang- .% 4-6. I + 8/ADFOROPUILISHING.0 RECORD OF PROCEEDINGS Community Development Committee March 4, 1993 Committee: Chairman Barker, Trustees Hix and Dekker Attending: Trustees Hix and Dekker Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Clerk O'Connor Absent: Chairman Barker Acting Chairman Hix called the meeting to order at 10:01 A.M. HOUSING AUTHORITY - REOUEST AUTHORIZATION TO IMPLEMENT PROCEDURES. The Committee reviewed procedures and documents for implementation of the Estes Park Housing Authority which were prepared by Town Attorney White. Formation of a housing authority would assist the Town in participating in Federal and State Programs. Procedure includes circulation and submittal of a petition (containing the 1.4. 4., (providing that the Commissioners of the Housing Authority shall be signatures of 25 Estes Park residents), public hearing, resolution / the Board of Trustees in their ex-official capacity), and certificate to be filed with the Department of Local Affairs. Ann Racine reported that the Board of Realtors will gather all signatures needed for the petition. Additional discussion will take place with regard to the potential establishment of an Advisory Committee to the Trustees, and the Board of Realtors will submit their suggestions for the advisory committee and related issues in the near future. The Committee recommends approval of the request to implement procedures for the creation of the Estes Park Housing Authority. REPORTS. Director Stamey presented a copy of the Spring ad (1/3-page photo) entitled "A sunny day is a matter of altitude" which was displayed in the National Geographic Traveler. Marketing and Sales Director Pickering presented a list of local non-profit group usage for the Conference Center. This type of use is a key' element to achieving the Town Board' s goal of maximiz ing the use of the Center, thus staff will continue to pursue this market through community awareness. Director Pickering also briefed the Committee on affects of Amendments 1 and 2, commenting that Estes Park has lost one conference to date. However, 40 conferences have been confirmed for 1993. Staff confirmed that the Holiday Inn in on-schedule with their major commitment for upgrading their facility. Newly-refurbished rooms are the finest in the state, and the second phase of remodeling the dining room, lounge and lobby is currently underway. Re-investment in the private sector is also occurring at several accommodation properties throughout the community. There being no further business, Acting Chairman Hix adjourned the meeting at 10:30 A.M. 1 )11 1.L 0 (3»-10 Vickie O'Connor, CMC, Town Clerk BRADFORD, PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission January 19, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Sue Doylen, Alma Hix and Larry Wexler Attending: All Also Attending: Community Development Director Stamey, Public Works Director Linnane, Clerk O'Connor Absent: None chklyfan Sager called the meeting to order at 1'1 P.M. MIbib,rES. Minutes Of- the December 15, 199 meeting were approved as submitted. ~ ~21 ELECTION OF 1993 bEFICERS. It was moved and secon (Wexler/Brown) Al Sager be elected Chairman, Alma Hix be edbn4 vice Chairman (Amos/Doylen) , and a representative f m the ¥own Clerk's Office be elected Recording Secreta (A. Hix/Brbwn), and all motions passed unanimously. %7. UNFINISHED B INESS. 3.A. Speclal Review #92-6. Circle S Outfitters Horse Drawn Carriacrd Rides. Steve Peiffer/Applicant. Pursuarit.20 a verbal request by Clyde Taylor it was moved and seconded«+Amos/A. Hix) Special Review #92-6 be continued to April 20, 1993»and it passed unanimously. \ -41 SUBDIVISIONS. 4.*r Amended Plat of Lots 4.5.22. and 23. Block 8. Country * Club Manor Addition. William, Marv June and Edward W. Myers/Applicant. Chairman Sager opened a public hearing to consider a boundary adjustment among four (4) existing lots to create two (2) lots. Community Development Director Stamey reviewed the staff report. There being no further testimony, Chairman Sager declared the public hearing closed. It was moved and seconded (Brown/Burgess) the Amended Plat of Lots 4, 5, 22, and 23, Block 8, Country Club Manor Addition be favorably recommended to the Board of Trustees, and it passed unanimously. Chairman Sager declared a 10-minute recess to allow an opportunity for the Hospital Administrator to appear. 5. SPECIAL REVIEWS. 1 1 BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission December 15, 1992 Commissioners: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Sue Doylen, Alma Hix, and Larry Wexler Attending: Chairman Sager, Commissioners Amos, Brown, Burgess, Doylen, A. Hix, and Wexler Also Attending: Community Development Director Stamey, Deputy Clerk Kuehl Absent: None Chairman Sager called the meeting to order at 1:30 p.m. 3.b. Lot 8. DeVille Subdivision, Richard N. Statham/ Applicant. Commissioner A. Hix declared a potential "conflict o f interest" and withdrew from the room. Paul Kochevar stated that the Applicant is proposing to divide the existing lot into two lots, each containing separate business uses. Director Stamey reviewed the staff report. It was moved and second (Amos-Doylen) that the request to divide Lot 8, Deville Subdivision, into two lots be favorably recommended to the Board of Trustees, contingent upon the following, and it passed unanimously: 1. Add nonconforming building note in plat. 2. Remove accumulated outside storage from the lots. Said storage to be removed prior to scheduling for Town Board review. 3. Place a note on the plat to prohibit outside storage. 4. Provide for a joint access easement, which is generally the western driveway and paved drive between the lots. 4. REPORTS. Director Stamey reported that Phase II of the Comprehensive Plan is funded and is proceeding on schedule. There being no further business, Chairman Sager adjourned the meeting at 2:40 p.m. -rE_ Kwal Tina Kuehl, Deputy Town Clerk February 19, 1993 MEMORANDUM TO: Mayor Dannels Board of Trustees Town Administrator Klaphake FROM: Vickie O'Connor, Town Clerk 942? SUBJECT: Procedure - Show Cause Liquor Hearings The show cause liquor hearings should be conducted in two (2) phases: 1. Chief Racine will present the case. The Board will "find" if a violation(s) actually occurred. 2. Public comment will be allowed following the "finding". 3. Acknowledge correspondence dated 2/10/93 submitted by PaCK, Inc. 4. Staff Recommendation. If violation(s) are found, a decision on the penalty must be reached and a "Findings and Order" will be issued. 0 6. U 1 U 1331 Fqtpq Pryrli ,!\ inc. ~ Parents and Community for Kids To: Mayor Bernie Dannels Members of Town Board of Estes Park Norb Aldrich Robert Dekker Steven Gillette David Habecker George Hix February 10, 1993 Dear Sirs: In an effort to provide communication between citizens and our public officials, the Board of Directors of PaCK, Inc. (Parents and Community for Kids) would like to present our particular view for your consideration. Recently, as you are aware, there has been illegal sale of liquor to minors in Estes Park. As an organization that is very concerned about substance use and abuse, we feel somewhat anxious about the legal outcome with regard to the liquor stores involved. Just as there are laws in our state that deal with this type of activity, so too, are there specific penalties when these laws are not followed. As our elected representatives, it is our sincere hope that your position on this issue will be one of exemplary leadership and the firmest interpretation of the penalties associated with this offense. Furthermore, we feel that being consistent with a hard line aperoach in all matters of substance abuse is one way to begin to get control of a troublesome and costly problem that exists in our town. Respectfully submitted, Board of Directors PaCK, Inc. CC: Gary Klaphake, Town Administrator David Racine, Chief of Police - BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: ROBERT J. & CONNIE C. GAPPA dba MOUNTAIN DEW LIQUORS 182 S. SAINT VRAIN AVENUE ESTES PARK, COLORADO 80517 WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT "B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE INVESTIGATION REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board at the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, February 23, 1993 at 7:30 P.M., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned licensee. IN WITNESS MMEREOF, I have hereunto set my hand and seal of my office this /0 - day of akz,C»¢9 , 1993. 11 V TOWN OF ESTES PARK, COLORADO By: Tuu O ~ 4»Ul Town Clerk . EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-47-128(a) C.R.S.: It is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver, or to permit the sale, serving, giving or procuring of, any malt, vinous, or spirituous liquor to or for any person under the age of twenty-one years. A. It is alleged that on or about December 29, 1992, Robert J. Gappa sold a bottle of red wine to CI #92-1 (d.o.b. 08/24/73), who is under the age of twenty-one years. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT OCA NUMBER 92-07-5616 ir.. 1 - - ---- OCA NUMBER 93-07-5616 4 EkTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT Place of Occurrence: 182 S. St. Vrain Date Reported: 12/29/92 Date Occurred: 12/29/92 Time Reported: 1300 Time Occurred: 1259 Date Assigned: 12/29/92 Time Complete: 1309 Time Assigned: 1300 Time Total: 9 Time Arrived: 1300 Status: CLEARED BY ARREST (6) Incident Name: UNLAW ACTS LIQUOR SALE Count: 1 Property Seized: No Evidence Seized: Yes Synopsis GAPPA sold wine to an underage cooperating individual. Additional Case Information Premise: 0104 - Business Individuals Involved 1. S/GAPPA, ROBERT J. DOB: 12/6/29 63 YOA SSN# 7 Race: 01 Sex: M Hgt: 5'11" Wgt: 170 Hair: Bro Eyes: Blu Hm Add: 685 Steamer Dr., #B, Estes Park, Box 386 Hm Ph: 586-6826 Bus Add: Mountain Dew Liquor, 182 S. St. Vrain Bus Ph: 586-3329 2. PO/MOUNTAIN DEW LIQUOR 182 S. St. Vrain, Estes Park, CO 586-3329 3. IL/ CI #92-1 DOB: 08/24/73 19 YOA Race: 01 Sex: M Hgt: 6'01 Wgt: 185 Hair: Bln Eyes: Blu Case Origin Self Initiated Officers Actions December 15 Visits CI Purchase Contact GAPPA Summons Evidence December 15 Visits On 12/15/92, Detective Cazan and I visited all the retail beer and liquor outlets in Estes Park. We advised GAPPA to be alert to underage individuals attempting to purchase alcohol, especially during the Holiday Season. CI Purchase On 12/29/92 at about 1300 hours, CI #92-1 purchased a bottle of red wine from GAPPA at the Mountain Dew Liquor Store at 182 S. St. Vrain. When the CI returned to our vehicle parked at the rear of the building, GAPPA exited the rear of the building just in front of our car. At that time the CI indicated that this was the individual who had sold him the wine. Detective Cazan and I then entered the building and informed GAPPA that he had just sold wine to an individual who was underage and I requested his I.D.. We told GAPPA that we would return at a later time with a summons for a violation of the liquor code. 41*.%14 J(ca,(. c- t • /-6-92 SHIP*'' COMMAN~ER DATE REPOLA /jo 01/04/93 'C -1 OCA NUMBER 93-07-5616 /:. 1 u _; L ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT CI Purchase (Continued) During the transaction, the CI wore a transmitter which allowed us to record any conversation or remarks made during the transaction. Summons Later that afternoon we returned to the P.D. where Detective Cazan prepared a summons for GAPPA. CAZAN then contacted GAPPA that afternoon and served the summons. Evidence The bottle of wine was marked with the case number and logged into evidence. In addition, the tape which was used to record any conversation picked up by the transmitter was also logged into evidence. END OF REPORT 34, 8106« . - a -cr SHIFf COMMANDER ; DATE REPOLA /jo 01/04/93 UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT ~ THE PEOPLE OF THE STATE OF COLORADO County 01 Lanmer, TOWN OF E5TES PARK VS. CASE NO 92-07-5616 No. 9325 Defendant (Last Name) (First) (Middle) Date d r·th MODey/'fr Gappa Robert 120%29 49 1 0 ~anic XM pena VIY~&'6Fr Defendant's Address City State Zip Code Co No Approx T,me Of V,olation 685 Steamer Dr. #B Box 386 Estes Park co. 80517 06 1: 00pm Dnver'$ L,cense Number and Type Slate Sex Race Wt Hair IE- Home Drect,on Of Travel M W ~11 170 Bro I BIu 5~-7826 NSEW 0*uPailon In,unes Involved E#162€2.n Dew LiquoP'~¥2*3. St. Vrain uwner Bustr·~Sf:'535 9Trg'-DNO 0 Fs 0 No bbhode License Number and Type State Veh,cle tar Make he or Body Style Approximate Location d Violation, State of Colorack lanmer County, in the TOWN Of ESTES PARK Vehicle Color (Top/Bottom) VIN 182 S. St. Vrain Hestered Owner YOU ARE SUMMONED AND ORDERED TO APPEAR ~9%:&:/s :Ert TO ANSWER CHARGES AS STATED BELOW IN· 4 8 a luenCOINTYXAoe - a....i Le.„* cc ESTES PAFK 170 MacGregor Avenue aAnim,Vam o=. a.....RO... MIC•AL COURT Estes Park. CO On Febrijary 9 19 93 AT 8:30 AN®AX CHARGE 1 SECTION MIC FINE POINTS COM.CODE Na 1 I 12-47-128 5A CRS | EPMC ~ Unlawful Acts - Defendant did sell a vinous liquor to a person that was 19 yoa. CHARGE SECTION MTC FINE POINTS COM CODE Na 2 CRS EPMC $ 1 4144729·' . 3,- i.8 i A 1 6 4/WeR/9/.2./*44""9"12/Mhhano*126PR..2 . A'~1 . *PE•tn *ssan.0 ..... 0[65 1"in'OUT kDMITTI/6-/In/~lHEREBY.PROMISE TO Z 6,·y.L ., :~ UPON PAYMENT OF THIS PENACTY ASSESSMENT WmeN 20 DAYS 1 ACKNOWLEDGE GURT OF ALL CHARGES .- 1*8 APPEAR AIX}£ 7*dEiAI~~CE INDICATED AE~YE·€ '21- 8?'@N#;SliNYND UNCERS~~9™11 THE PC•~32°eFD27°3 WILL BE ASSESSED MaAINST *13 *377Ces.......,WaiMMISWa .- · 4=54.Ki.PdO,;CES-*•Ducion:c•lA•--8*. 4.E,t,IF,es O Mailed ~ ~ WITHOUT ADMITTING GUIL~I HEREBY PROMISE TO APPEAR AT THE ..4.1 O MANDATORY COURT APPEARANCE nME AND PLACE INDICATED ABOVE. g~ DEFENDANT CITIZEN COMPLAINT NOT?CE. See Inativcoons On A-,se S/de THE UNDERSIGNED HAS PROBABLE CAUSE TO BELIEVE THAT THE DEFEN~~DOMMITTED THE OFFENSE(S) AGAINST THE PEACE AND DIGNITY OF~THE PEOPLE OF THE STATE OF COLORADO-AND AFFIRMS b'*°PY 928 SUMMONS & ¢~PLAI LY SERVED UPON THe;PEF~~11~/ DATED _.2.L-1 DAY OF 19 OFFICER '~7~ -4 t~11\OfFICER l.~STJAWF , jL*-J_ 1.- ja_ r THIS IS A LEGAL DOCUMENT-READ BOTH SIDES COURT ESTES PARK POLICE DEPARTMENT