HomeMy WebLinkAboutMINUTES Town Board 2013-09-10Town of Estes Park, Larimer County, Colorado, September 10, 2013
Minutes of a Regular meeting of the Board of Trustees of the Town nfEstes
Perk, Lmrnnev County Colorado. K8oetDQ held in the Town Hall in said Town
of Estes Park on the 1 oth day of September, 2013.
Also Present:
William C. Finkhum' Mayor
Eric Blaohhurst, Mayor Pro Tern
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Frank Lancaster, Town Administrator
Lowell Rinhmrdson, Assistant Town Administrator
Greg White, Town Attorney
Cynthia Oeats, Deputy Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
RESOLUTION OF RESPECT FOR ASSISTANT TOWN ADMINISTRATOR
RUCHAR0SON.
Mayor Pinkham read u Resolution of Respect for Assistant Town Administrator Lnwu||
Richardson and thanked him for his service hnthe community. K8r' Richardson has
accepted a position in Commerce City and will be leaving the Town of Estes Park after
12 years ofemployment. He stated he has expanded his professional knowledge and
built valuable friendships and relationships with Town staff and the nommunity, and
said it has been an honor to serve the Town Board and the community of Estes Park.
PUBLIC COMMENT.
Charley Dickey, Town nesidord, said the results of the survey regarding the impact of
the USA Pro Challenge bike race are being compiled and will be distributed to the
Town Board at the next Town Board meeting. Hesaid 245 responses 0mthe survey
have been received so far, and noted that all the comments received will be included in
the survey summary.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Mayor Pro Tern Blackhurst invited the public to attend the regular meeting of the Estes
Park Housing Authority that is scheduled for8:30 a.m., VVodnoodaK September 11.
2013. in Town Hall Hoom2O3. He. and Trustees Koenig and Norris thanked Assistant
Town Administrator Richardson for his service ho Estes Park.
TOWN ADMINISTRATOR REPORT.
1' CONSENT AGENDA:
1. Town Board Minutes dated August 27.2O13.and Town Board Study Session
Minutes dated August 272U11
2. Bills.
Board of Trustees — September 10, 2013 — Page 2
A. Community Development/Community Services, August 22, 2013.
1. Resolution #22-13 Fall Surprise Sidewalk Sale, October 12-13, 2013.
4. Estes Valley Board of Adjustment Minutes dated August 6, 2013
(acknowledgement only).
5. Technical Review Committee Minutes dated July 29, 2013
(acknowledgement only).
6. Resolution #23-13 — Scheduling a Show Cause Liquor Hearing for Hess
Enterprises, Inc., dba HUNTERS CHOP HOUSE, 1690 Big Thompson
Avenue, Hotel & Restaurant Liquor License on September 24, 2013.
7. Resolution #24-13 — Scheduling a Show Cause Liquor Hearing for Big Horn
Restaurant, Inc., dba BIG HORN RESTAURANT, 401 W. Elkhorn Avenue,
Beer & Wine Liquor License on September 24, 2013.
8. Resolution #25-13 — Scheduling a Show Cause Liquor Hearing for Cables
Estes, LLC, dba CABLES PUB & GRILL, 451 S. St. Vrain Avenue, Hotel &
Restaurant Liquor License on September 24, 2013.
9. Resolution #26-13 - Scheduling a Show Cause Liquor Hearing for Nicky's
Restaurant & Lounge, LTD., dba NICKY'S RESTAURANT & LOUNGE, 1350
Fall River Road, Hotel & Restaurant Liquor License on September 24, 2013.
It was moved and seconded (Blackhurst/Phipps) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS:
1. STIPULATION AGREEMENT — CAFE DE PHO THAI, INC., DBA CAFE DE
PHO THAI, 225 W. RIVERSIDE DRIVE, TAVERN LIQUOR LICENSE.
On July 25, 2013, during a compliance check conducted by the Estes Park
Police Department and the State Liquor Enforcement Division, an employee of
Cafe de Pho Thai sold alcohol to an underage operative. A tavern liquor
license was issued to the establishment in May of 2011; this is a first offense at
this location. A stipulation agreement for a 21 day suspension with 5 days
served and 16 days held in abeyance for one year from September 10, 2013,
was presented to the Board. The licensee, Dinesh Shakya, said that since the
violation he has provided additional training for his staff, including discussing
the vertical format of Colorado "under 21" IDs, and posting the "legal age"
birthdate each day for employees to refer to when checking IDs. Mayor
Pinkham expressed concern with the period of time allowed for TIPS training to
occur. Town Clerk Williamson stated that current guidelines require TIPS
training within six months of opening. It was moved and seconded
(Blackhurst/Koenig) to approve the stipulation agreement with Cafe De Pho
Thai, Inc., and it passed unanimously.
2. STIPULATION AGREEMENT — EP RESORTS, INC., DBA MARYS LAKE
LODGE, 2625 MARYS LAKE ROAD, TAVERN LIQUOR LICENSE.
On July 25, 2013, during a compliance check conducted by the Estes Park
Police Department and the State Liquor Enforcement Division, an employee of
Marys Lake Lodge sold alcohol to an underage operative. This is the first
violation at this location under the current owner who acquired the license in
March 2013. The establishment follows a no tolerance policy, and employment
for the employee who committed the violation was terminated. The stipulation
agreement proposes a 21 day suspension with 5 days served and 16 days
held in abeyance for one year from September 10, 2013. Due to scheduled
events, one day of suspension would be served, the establishment would then
Board of Trustees — September 10, 2013 — Page 3
be allowed to serve alcohol during scheduled wedding events, with the
additional four days served following the events. Trustee Elrod voiced concern
about scheduling the suspension around events. He said staff is in an
unenviable position of working through stipulation agreements with minimal
direction from the Board. He said according to State guidelines, a first offense
could carry a penalty of a warning only and said penalty guidelines need to be
discussed at the October 8th Town Board Study Session. Town Clerk
Williamson concurred. The licensee, Morgan Mulch noted that all of his staff
had been to TIPS training with local trainer Barb Boyer Buck and that he is
purchasing equipment for his establishment that will display the date of legal
age, and black light flashlights to assist in checking IDs. In addition, a review
of standard operating procedures was conducted and the staff structure
revised to ensure that alcohol is being served by properly trained staff. Mr.
Mulch described a new electronic device that can be utilized by staff to scan
IDs. He said the device costs between $750 and $1000 each and proposed
purchasing the devices for his staff at a cost of $8,000 to $10,000 as a pilot
program in lieu of the suspension. Trustees Norris and Koenig said they were
pleased with the various steps being taken by management and thinking
outside the box, but questioned the benefit of this pilot program. Trustee
Koenig suggested continuing the decision until more information and
discussion about the ID scanning system could occur. Mayor Pro Tem
Blackhurst opposed continuing the item and advocated for making a decision
related to the stipulation agreement presented. Attorney White outlined the
options available to the Board as 1. accept the stipulation agreement as
presented; 2. amend the stipulation agreement to accommodate the licensee's
request; and 3. continue the item to a future meeting with the licensees
consent. It was moved and seconded (Elrod/Blackhurst) to approve the
stipulation agreement with EP Resorts, Inc., dba Marys Lake Lodge as
presented, and it passed unanimously.
3. STIPULATION AGREEMENT — EVEREST KITCHEN, LLC, DBA FAMOUS
EASTSIDE GROCERIES, 381 S. ST. VRAIN AVENUE, 3.2% BEER OFF
PREMISES LIQUOR LICENSE.
On July 25, 2013, during a compliance check conducted by the Estes Park
Police Department and the State Liquor Enforcement Division, an employee of
Famous Eastside Groceries sold alcohol to an underage operative. This is a
first violation at the location under the current ownership; the 3.2% Beer Off
Premises liquor license was issued to Bipin Shrestha in December 2012. Mr.
Shrestha was not on the premises when the violation occurred, having left the
establishment to run an errand. Since the event, Mr. Shrestha has reviewed
the liquor laws with his employees, reminded them about the vertical format of
an "Under 21" Colorado driver's license, and stressed the need to check ID
prior to selling alcohol to customers. He said he will ensure that future
employees are well trained. The stipulation agreement is for a 21 day
suspension with 5 days being served and 16 days held in abeyance for one
year beginning September 10, 2013. It was moved and seconded
(Blackhurst/Norris) to approve the stipulation agreement with Everest
Kitchen, LLC, dba Famous Eastside Groceries, and it passed unanimously.
4. STIPULATION AGREEMENT — ROCKY MOUNTAIN PHARMACY OF E.P.,
INC., DBA ROCKY MOUNTAIN PHARMACY OF E.P., 453 E. WONDERVIEW
AVENUE #1, LIQUOR LICENSED DRUG STORE LIQUOR LICENSE.
On July 25, 2013, during a compliance check conducted by the Estes Park
Police Department and the State Liquor Enforcement Division, an employee of
Rocky Mountain Pharmacy sold alcohol to an underage operative. The
pharmacy was first issued a liquor license in 1994 and violations occurred in
the past at this location in June 2001, April 2006, and October 2009.
Therefore, a stipulation agreement for 21 days of suspension with 10 days
served and 11 days held in abeyance for one year from September 10, 2013,
is being proposed. Greg Barton, licensee, stated that the Pharmacy has a no
Board of Trustees — September 10, 2013 — Page 4
tolerance policy, and employment was terminated for the employee who
committed the violation. He said he is looking into a cash register system that
would require ID verification before allowing an alcohol sale to occur. He said
he provides training to his employees and thought adequate procedures were
in place to keep violations from occurring. He said following the violation,
employees are required to ID all customers who are purchasing alcohol at the
store. It was moved and seconded (Blackhurst/Phipps) to approve the
stipulation agreement with Rocky Mountain Pharmacy of EP, Inc., dba
Rocky Mountain Pharmacy of EP, and it passed unanimously.
5. STIPULATION AGREEMENT — DEER RIDGE, INC., DBA NATIONAL PARK
VILLAGE SOUTH, 900 MORAINE AVENUE, 3.2% BEER OFF PREMISES
LIQUOR LICENSE.
On July 25, 2013, during a compliance check conducted by the Estes Park
Police Department and the State Liquor Enforcement Division, an employee of
National Park Village South sold alcohol to an underage operative. National
Park Village South has held a liquor license since 1978. The license was
originally issued by Larimer County and was transferred to the Town of Estes
Park in 1983. Although previous violations at the location occurred in 1993
and 2001, this violation is being viewed as a first offense. The stipulation
agreement calls for a 21 day suspension with five days served and 16 days
held in abeyance for one year beginning September 10, 2013. Scott
Webermeier representing Deer Ridge, Inc., said this is the third violation in 35
years of operation and said the he understands the gravity of the situation. He
said employees are trained and cash registers at the market prompt the clerk
to ensure that the ID presented is from a customer of legal age to purchase
alcohol. He noted that people from many different cultures and points of view
come to Estes Park during the summer season to find employment and that the
seriousness of the consequences of a violation may not always be fully
understood. Mr. Webermeier suggested a topic for discussion at the October
8th Study Session might be that the traditional TIPS training be split into two
sessions to address serving alcohol to guests in a restaurant -type situation vs.
selling alcohol at a super market -type establishment. He apologized for the
violation and said he will continue to train his employees and ensure that his
permanent employees are TIPS trained. It was moved and seconded
(Blackhurst/Koenig) to approve the stipulation agreement with Deer Ridge,
Inc., dba National Park Village South, and it passed unanimously.
Trustee Norris stated that all of the liquor licensees brought up good topics for
the discussion to be held during the October 8th Town Board Study Session.
6. TRANSFER OF OWNERSHIP — TAHARAA MOUNTAIN LODGE, INC., DBA
TAHARAA MOUNTAIN LODGE, TO TAHARAA, LLC, DBA TAHARAA
MOUNTAIN LODGE, 3110 S. ST. VRAIN AVENUE, TAVERN LIQUOR
LICENSE.
The Clerk's office received an application to transfer the Tavern Liquor license
currently held by Taharaa Mountain Lodge, Inc., on June 27, 2013. All
necessary papers and fees were submitted by the applicant, Taharaa, LLC,
and a temporary license to allow the applicant to continue operating under the
existing liquor license during the transfer process was issued. To date, the
owners have not completed TIPS training, however, the bartenders currently
on staff have been trained and the new owners are looking in to getting TIPS
training scheduled. Mayor Pro Tem Blackhurst stated that the Board takes
liquor licensing seriously as evidenced by Board action related to recent liquor
law violations and cautioned the owners to adhere to Colorado liquor law. It
was moved and seconded (Blackhurst/Koenig) to approve the transfer
application for a tavern liquor license filed by Taharaa LLC, dba Taharaa
Mountain Lodge, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
Board of Trustees — September 10, 2013 — Page 5
1. MULTI -PURPOSE EVENT CENTER (MPEC) & STALL BARN
CONSTRUCTION UPDATE.
Director Zurn said that the exterior steel siding around the stall barn is
complete, as is the slab and plumbing for the restroom and lobby areas, and
crews are actively working on preparing to install insulation and roof panels.
The buildings include an extensive insulation package in order to meet the
environmental code for assembly use. The MPEC foundations are complete
and have been backfilled, plumbing is going in and the underground work is
wrapping up. The erector will be sorting out the steel and moving over to the
MPEC site. The project is on track schedule -wise at this point, however, it has
been a rough week weather-wise. The budget is on track and into 1 % of the
contingency to date. Dir. Zurn said that it has been determined that the IT
room which was originally designed to serve as a remote duplicate server room
is no longer needed for that function. Therefore, the duct work will be installed
in the room, however, the cooling and heating units will be eliminated. He said
that the project is being documented daily with photographs. Town
Administrator Lancaster said that the marketing plans for the MPEC are under
way and said the consultant has been meeting with community members, staff,
and owners of other venues to put together a plan that will fit in with the
community.
Dir. Zurn added that the landscape irrigation system contractor who declared
bankruptcy in the middle of the project at the fairgrounds has agreed to finish
the project. All the lines have been successfully tested and the project is
nearing completion.
4. ACTION ITEMS:
1. VISITOR CENTER TRANSIT FACILITY PARKING STRUCTURE
SCHEMATIC DESIGN APPROVAL.
A three-day public process to receive input on a proposed design for the visitor
center transit facility parking structure was held September 4-6, 2013. Dir.
Zurn noted that 180 people were involved in the process and participated in
various ways including attendance at the sessions and via the internet. The
parking structure is a grant -funded project that includes federal, state and
Town of Estes Park funds with a budget of $4.6 million. A federally regulated
selection process was followed to select a design firm, with Walker Parking
Consultants being awarded the design contract. Dir. Zurn and the design team
presented a schematic that was the result of the early phases of design work.
Dir. Zurn cautioned that the team produced the design concept utilizing the
input and comments provided during the public process, however, the design
presented may not necessarily fit the project budget. He said the focus will be
to get the structure built and said the civil site work may have to be done at a
later date. Bob Stanley and Joey Carrasquillo reviewed the design that
creates a transitional zone between parking on the west side of the site and
the transit parking facility on the east side with the visitor center in the middle.
The components are set up to act as an entire complex that works well
together rather than individual elements, and together would accommodate a
total of 285 vehicles in the structure and surface parking combined. The
structure at an approximate height of 27 feet is designed with full-sized parking
spaces for high tumover use. Space between the buildings will create a
critical outdoor environment that will be utilized to welcome guests as well as
to integrate nature into the structure. In addition, the stairway is revealed on
the outside of the structure as an architectural feature and to provide
pedestrians the opportunity to see the existing views. Mr. Carrasquillo
displayed a variety of materials that could be utilized in the structure including
precast concrete panels that could be imprinted with nature scenes or covered
with vines to create a "green" wall. He gave examples of other materials such
as stone, logs, engineered timbers, and weathered metal that could be
Board of Trustees — September 10, 2013 — Page 6
incorporated into the structure. The Board's comments are summarized:
design of the parking structure is less important than the efficient functioning of
the visitor center and shuttle operations; are we getting carried away with the
design; two stair cases are required by code for a structure this size;
preliminary design will be submitted to the Planning Commission in October
but the design can be brought back to the Board if additional questions arise or
additional information is needed; architecture of the parking structure should
not dominate the site; restrooms are located underneath the porch and do not
decrease the number of parking spaces; anticipated completion of the
structure is early summer; unclear if the project can be completed by Memorial
Day; the dimensions of the proposed structure are 122 feet by 250 feet; prefer
seeing stamped concrete rather than vines on the building wall; vines are high
maintenance; lighting will comply with dark sky ordinance; does the stairway
roof design increase costs related to wind loads?; pleased with the design
overall; the structure may not require a sprinkler system if full access in and
around all areas of the site is provided; concerned about the cost of the
project; keep a list of "must haves" and items that can be trimmed in order to
accommodate the project budget; make sure the parking structure design
meets the grant criteria; the visitor experience weighs in heavily with federal
lands use goals; and snow removal from the top level of the structure can be
accomplished with a plow. Trustee Phipps said the Board should have the
opportunity to review the design following the Planning Commission's
evaluation of the project. Dir. Zurn said the Board will continually be provided
with reports on the project related to budgets, making decisions and setting
priorities. It was moved and seconded (Norris/Koenig) to approve the
conceptual design and proceeding with that design with the
understanding that there will be frequent updates and discussions with
staff, and it passed unanimously. Town Administrator Lancaster said that staff
will provide project updates to the Board at each study session prior to Estes
Valley Planning Commission review to ensure the Board is comfortable with
the project design being submitted. The Board, as owner, will be kept informed
and involved in decision -making throughout the project.
Kimberly Campbell, Town resident and Chair of the Transportation Advisory
Committee, spoke in favor of the parking structure and the proposed
preliminary design. She commended the Board on taking a progressive
approach to planning the project and thanked the design team for listening to
input provided during the planning sessions. She said the design team did a
good job designing a structure that will enhance the visitor center and provide
visitors with a warm welcome to Estes Park, and expressed support for the
process.
2. LOCAL MARKETING DISTRICT BOARD APPOINTMENT.
Interviews to fill a position on the Local Marketing District (LMD) Board of
Directors vacated by Kathy Palmeri were conducted on September 3, 2013, by
an interview team which included Trustees Norris and Phipps, and Town
Administrator Lancaster. Ms. Palmeri submitted her resignation in August
because she no longer met the residency requirements outlined in the
Intergovernmental Agreement for appointees to the Board. The interview
committee recommends the appointment of Adam Shake to complete Ms.
Palmeri's term through December 31, 2013, and to serve an additional four-
year term beginning on January 1, 2014, and running through December 31,
2013. Mr. Shake has been a resident since 2011 and has a background in
business management, marketing, and social media.
Bill Almond, County resident and president of the Visit Estes Park Board,
thanked the Board for their continuing support of the LMD and said it will be an
honor to work with Mr. Shake. It was moved and seconded (Norris/Phipps) to
approve the appointment of Adam Shake to the Local Marketing District
Board, and it passed unanimously.
Board of Trustees — September 10, 2013 — Page 7
3. COMMUNITY SERVICE GRANT REVIEW COMMITTEE APPOINTMENT.
Due to the recent resignation of Assistant Town Administrator Lowell
Richardson, it is necessary to appointment a replacement to the Community
Service Grant Review Committee. Staff is recommending Town Clerk
Williamson to serve on the committee. Ms. Williamson is familiar with the
grant process, as the program was previously administered through the Town
Clerk's office prior to being transferred to Administration office staff. It was
moved and seconded (Blackhurst/Elrod) to approve the appointment of
Town Clerk Williamson to the Community Service Grant Review
Committee, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting at 9:36
William C. Pinkham, Mayor
Cyrithia Deats, Deputy Town Clerk