HomeMy WebLinkAboutPACKET Town Board 2013-09-10
The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, September 10, 2013
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
RESOLUTION OF RESPECT FOR ASSISTANT TOWN ADMINISTRATOR RICHARDSON.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 27, 2013 and Town Board Study Session
Minutes dated August 27, 2013.
2. Bills.
3. Committee Minutes:
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.
Prepared 9/03/13
*Revised 9/05/13
** Revised 9/05/13
*
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
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.
2. LIQUOR ITEMS:
1. STIPULATION AGREEMENT - CAFÉ DE PHO THAI INC., DBA CAFÉ DE PHO
THAI, 225 W. RIVERSIDE DRIVE, TAVERN LIQUOR LICENSE. Town Clerk
Williamson.
2. STIPULATION AGREEMENT - EP RESORTS INC., DBA MARYS LAKE LODGE,
2625 MARYS LAKE ROAD, TAVERN LIQUOR LICENSE. Town Clerk Williamson.
3. STIPULATION AGREEMENT - EVEREST KITCHEN LLC, DBA FAMOUS
EASTSIDE GROCERIES, 381 S. ST. VRAIN AVENUE, 3.2% BEER OFF
PREMISES LIQUOR LICENSE. Town Clerk Williamson.
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. Town Clerk
Williamson.
5. STIPULATION AGREEMENT - DEER RIDGE INC., DBA NATIONAL PARK
VILLAGE SOUTH, 900 MORAINE AVENUE, 3.2% BEER OFF PREMISES LIQUOR
LICENSE. Town Clerk Williamson.
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.
Town Clerk Williamson.
3. REPORTS AND DISCUSSION ITEMS:
1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE.
Director Zurn.
4. ACTION ITEMS:
1. VISITOR CENTER TRANSIT FACILITY PARKING STRUCTURE SCHEMATIC
DESIGN APPROVAL. Director Zurn & Walker Parking Consultant.
2. LOCAL MARKETING DISTRICT BOARD APPOINTMENT. Town Administrator
Lancaster.
3. COMMUNITY SERVICE GRANT REVIEW COMMITTEE APPOINTMENT. Town
Administrator Lancaster.
5. ADJOURN.
**
Town of Estes Park, Larimer County, Colorado, August 27, 2013
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 on the 27th day of August, 2013.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Lowell Richardson, Assistant Town Administrator
Greg White, Town Attorney
Cynthia Deats, Deputy Town Clerk
Absent: Town Administrator Lancaster
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENT.
Charley Dickey, Town resident, said hosting the bike race presented a multitude of
unknown factors including unpredictable attendance and economic impact, and
announced that a community-wide survey related to the impact of the race is being
circulated the results of which will be made available to the Town Board. Mayor
Pinkham said that the Town wants to hear comments regarding the race in order to get
a better understanding of the situation.
Adam Shake, Town resident, provided positive comments on the bike race and read
examples of Facebook posts and Twitter tweets that indicated that the positive
comments outweighed the negative comments 1,000 to one. He said that while
business was down for some businesses on race day, others were up by 13%, and said
the bike race can be used as a springboard for a more vibrant economic future.
Nick Mollé, County resident, said the documentary Birds Without Borders was accepted
by American Public Television for broadcast on PBS. He said the documentary was
filmed on location in Colorado and Costa Rica and made possible through the efforts of
Rocky Mountain National Park staff, the Sister City organization, and the Town’s
relationship with Monte Verde, Costa Rica. The program will begin airing in the Spring
of 2014.
Steve Nagl, Town resident, said he was hopeful that the television coverage of the USA
Pro Challenge would provide good long term exposure for the Town, but said Estes
Park was rarely mentioned during the broadcast. He said the Town cannot do this
again and suggested Town Administrator Lancaster send out memos to other
municipalities stating that the event does not provide much bang for the buck.
Tony Paglia, Town resident and owner of Local’s, stated that downtown parking and
access was shut down too early, noting that his business took an economic hit on
Thursday evening, Friday, and Saturday.
Philip Tulin, Town resident, said that he spoke with over 60 business owners over the
past few days, all of whom commented that the loss of revenue related to the bike race
was astronomical. He asked that the Town conduct a sincere evaluation related to the
value of the event.
Board of Trustees – August 27, 2013 – Page 2
Toni Miller, Town resident and owner of Indian Village, said that on Saturday, Town
west of Bond Park was like a ghost town. She recalled that business was terrible in
past years when the Coors Classic and the Red Zinger bike races were held in Estes
Park. She noted that business was also slow on Friday due to the parking closures.
Lois Smith, Town resident and owner of the Baldpate Inn, thanked the Town for its
efforts, but said business in the areas outside of Town were a disaster. She said
focusing less on road closures and more on the scheduled activities may have
produced better results
Tony Bielat, County resident, said lessons were learned and commended the Town for
trying something new to raise awareness and bring more people to Town.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson said he looks forward to getting the report from Partners for Commerce
related to the USA Pro Challenge. He reminded the public that this is only the third year
of the race and that municipalities are learning how to deal with the situations it presents
in participating communities. He said the Economic Development Council is up and
running and said he looks forward to seeing the results of the Council’s efforts over
time.
Trustee Phipps attended the meeting of the Larimer County Open Lands Advisory
Board on August 22nd. Highlights of the meeting included: a continuation of efforts to
piece together a trail from the border of New Mexico to Wyoming along the Front
Range, at an average cost of $500,000 per mile; approximately 12 miles of trail around
the Loveland area are in the process of being completed, and 32 miles of trail around
Fort Collins with a goal of connecting the Loveland and Fort Collins trail systems; usage
of the Horsetooth Reservoir recreation area has been beyond capacity this summer and
work is under way to increase parking areas, signage and trails; the Open Lands staff
administers 14 recreation and open lands areas in the county which are receiving more
and more usage; conservation easements within the county are being pursued; a firm
from North Carolina will assist with restoration of river bluff areas including removing
invasive vegetation; and construction of the Chimney Hollow Reservoir to be located
west of Loveland is proposed to take place 2016 through 2019.
Mayor Pro Tem Blackhurst noted that the last week of August is historically a slow week
and said that was motivation to participate in the USA Pro Challenge. He thanked all
those involved, including staff, security officers, and call center personnel, for the
amazing, coordinated effort that was put forth on the event. He reported that the Estes
Park Housing Authority (EPHA) recently made a $100,000 payment against a loan that
was taken out to purchase 30 senior housing units. He noted that original loan amount
was $2.6 million and said the balance of the loan is currently $212,000, adding that
EPHA continues to work to retire the debt.
Trustee Koenig said the Western Heritage annual meeting will be held next month at
which officers and members of the board will be selected and invited anyone interested
to attend the meeting
Trustee Norris reported that Visit Estes Park received national certification as a
destination marketing organization, and said the next board meeting of Visit Estes Park
will be held on September 17, 2013, at 2 p.m. and is open to the public. Work is
underway on the 2014 Operating Plan and it is expected to be ready to present to the
Town Board by the end of September. He thanked staff, volunteers, and businesses
involved with the USA Pro Challenge stating that, despite disappointing economic
results, the race went smoothly. He said a meeting will be held with regional agencies
to debrief about the event and encouraged the community to continue to comment on
the event.
TOWN ADMINISTRATOR REPORT.
1. MPEC Marketing – Assistant Town Administrator Richardson said Johnson
Consulting is in the process of drafting a Request for Proposal (RFP) for a firm to
market the MPEC and the conference center both as a package and individually.
Board of Trustees – August 27, 2013 – Page 3
The RFP should be complete in approximately four weeks. In the interim, a sales
person will be brought on staff to start promoting and selling the MPEC.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 13, 2013, and Town Board Study Session
Minutes dated August 13, 2013.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works Committee, August 8, 2013.
1. 2013 Freightliner M2106 single axle dump truck, Transwest Truck,
$130,871 – Budgeted.
4. Estes Valley Planning Commission Minutes dated July 16, 2013
(acknowledgement only).
5. Tree Board Minutes dated July 18, 2013 (acknowledgement only).
6. Audit Committee Minutes dated August 7, 2013 (acknowledgement only).
It was moved and seconded (Blackhurst/Norris) to approve the Consent Agenda
Items, and it passed unanimously.
2. LIQUOR ITEMS:
1. SHOW CAUSE LIQUOR HEARING FOR SAFEWAY STORES 46, INC., DBA
SAFEWAY STORE NO. 920, 451 WONDERVIEW AVENUE, 3.2% BEER OFF
PREMISES LIQUOR LICENSE.
Town Clerk Williamson stated that although a show cause hearing was set to
occur at the meeting, Safeway Stores 46, Inc., dba Safeway Store No. 920
entered into a Stipulation Agreement which she presented to the Board. A
violation of the Colorado Liquor Code occurred on July 25, 2013, when an
employee of Safeway sold alcohol beverages to an underage individual. The
violation was the second in one year, as a similar violation occurred on August 3,
2012. The Stipulation Agreement, as written, calls for a 30-day suspension, with
21 days served and nine days held in abeyance. The administrative action for
the 2012 violation was handled by the State Liquor Enforcement Division and
allowed Safeway to pay a fee in lieu of serving an active suspension. It included
ten days of suspension held in abeyance if a second violation occurred within a
year, however, since the Town of Estes Park is handling administrative action for
the current violation, the State’s days in abeyance will not be imposed. Steve
Lee, attorney for Safeway, Jay Gomez, Safeway District Manager, and Edward
Martinez, Store Manager were all present at the meeting. Mr. Lee stated that
Safeway is disappointed in their employee and that per union agreement, the
employee cannot be fired for a single violation. The employee charged with the
violation has been placed on a two week suspension without pay. He said that
the employee had been properly trained but chose to make the sale and
manually override the Point of Sale (POS) machine technology that could have
stopped the transaction from occurring. Mr. Gomez stated that following the
violation, Safeway has implemented changes that include the inability to override
the POS machine liquor lock function; hiring of an outside company to
periodically conduct in-house stings to ensure compliance with liquor laws;
provide TIPS training conducted by Safeway’s in-house certified trainer; ensure
that the policy to card anyone who appears to be under 30 years of age is
followed; and the store manager will meet individually with his employees.
Board of Trustees – August 27, 2013 – Page 4
Discussion is summarized: an Under 21 Colorado driver’s license is vertical
rather than horizontal and clearly indicates the individual is underage; the
suspension should be served at the same time of year that the violation occurred
to impose the greatest financial impact as was discussed in regard to the
violation in 2012; the financial impact in September will be similar to the financial
impact during July; to delay the suspension until July 2014 would take away the
immediacy of the punishment and the opportunity to impress upon employees
the seriousness of the situation; and Safeway admits that the violation occurred
and will accept punishment. It was moved and seconded (Norris/Koenig) to
approve the Stipulation Agreement with Safeway Stores 46, Inc., dba
Safeway Store No. 920 extending the days served to 30 days. The
Stipulation Agreement would be modified, with the suspension beginning on
September 3, 2013.
Mayor Pro Tem Blackhurst and Trustee Ericson both commented that a 30-day
suspension is overly punitive and that a suspension of that length is not
warranted at this time. A substitute motion was made. It was moved and
seconded (Blackhurst/Ericson) to approve the Stipulation Agreement with
Safeway Stores 46, Inc., dba Safeway Store No. 920 as presented with 21
days served and 9 days held in abeyance.
Johanna Darden, Town resident, expressed concern that the Safeway employee
made a conscious choice to sell alcohol to an underage individual and that an
unpaid two week suspension was not an adequate penalty. Trustee Elrod stated
that the employee was also charged individually and has a separate court
hearing on September 5, 2013 in district court.
The Board voted on the substitution motion and to approve the Stipulation
Agreement with 21 days served and 9 days held in abeyance, and it failed.
Those voting “Yes” Mayor Pro Tem Blackhurst and Trustee Ericson. Those
voting “No” Trustees Elrod, Koenig, Norris, and Phipps.
The Mayor called for a vote on the original motion to approve the
Stipulation Agreement extending the time served to 30 days, and it passed.
Those voting “Yes” Trustees Elrod, Ericson, Norris, Koenig, and Phipps. Those
voting “No” Mayor Pro Tem Blackhurst.
2. SHOW CAUSE LIQUOR HEARING FOR BOWL FORT COLLINS LLC DBA
CHIPPERS LANES ESTES PARK CENTER, 555 S. ST. VRAIN AVENUE
TAVERN LIQUOR LICENSE.
Town Clerk Williamson presented a Stipulation Agreement with Bowl Fort Collins,
LLC related to a liquor violation that occurred on July 25, 2013, when an
employee of Chippers Lanes Estes Park Center sold alcohol to a minor. The
establishment had a previous violation of the same type in January of 2011, for
which the administrative action was handled by the State Liquor Enforcement
Division. Matthew Hoeven, owner, indicated to staff that he would forego the
show cause hearing, preferring to enter into a stipulation agreement with the
Town which proposes a 21 day suspension with ten days served and 11 days
held in abeyance for one year from the date of the agreement. The owner
requested that the suspension begin on August 29, 2013, and run through
September 7, 2013. Town Clerk Williamson stated that, for purposes of penalty,
the offense is being considered a first offense, however the violation in January
2011 was considered in regard to the number of suspension days to be served.
Mr. Hoeven said he is the managing member of five bowling alley locations, as
well as the Mishawaka amphitheater in Larimer County and that other than the
violation in January 2011 mentioned earlier, no violations have occurred over the
past ten years at any location. He said he is proactive about training employees
and has monetary incentives in place for employees who confiscate underage or
fake IDs and pass compliance checks. Denny Brown, manager of the Estes Park
Center, said that he and his employees care about the community and work hard
to create a family-friendly establishment. He said the associate’s employment
Board of Trustees – August 27, 2013 – Page 5
was not terminated, as he is considered to be a valuable employee who takes
pride in his work and goes above and beyond to provide good customer service,
however, he will be required to serve a two-week, unpaid suspension from work.
In addition, the employee has agreed to explain how the violation occurred and
how it has affected his life to other employees of the company, in an attempt to
create a positive training experience from this otherwise negative event and help
others learn from his mistake. Mr. Brown stated that operational changes
include, but are not limited to: all employees will be TIPS trained within 90 days
of starting employment, the bar will not be open unless there are at least two
employees on duty and one of them has been TIPS trained; customers will be
carded at the point of purchase; and better methods of communication will be
established between the bar and the front desk. He stated that not all employees
at the bowling alley are 21 years of age, however, Colorado law allows an
employee who is 18-20 years of age to serve alcohol beverages if under the
supervision of a 21-year old who is on the premises. Board discussion is
summarized: the last violation was two years and seven months ago so the
violation is being viewed as a first offense; thank you for explanation of situation
and using the event as an outreach opportunity for other employees; and similar
to the restorative justice model. It was moved and seconded
(Blackhurst/Phipps) to approve the Stipulation Agreement with Bowl Fort
Collins, LLC dba Chippers Lanes Estes Park Center for a 21-day
suspension with ten days served and 11 days held in abeyance, and it
passed unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. MULTI-PURPOSE EVENT CENTER (MPEC) & STALL BARN
CONSTRUCTION UPDATE.
Engineer Ash reported that concrete work is ongoing with forms and concrete
for the event center foundation walls about 75% of the way around the building.
The steel for the event center has arrived and is on site. Staff is working with
Xcel Energy and Platte River Power Authority (PRPA) to bring gas and fiber
into the building. Upon inspection the sanitation district discovered pipework
that did not meet its criteria which will require a few hours to readjust and
reconnect. Crews are beginning to place the stall barn roof panels and the
contractor is confident the construction schedule can be met. Trustee Elrod
asked if the fiber being installed is the fiber optic blue ring. Dir. Bergsten said
the fiber could be PRPA’s or it could be a lateral line that was installed in
partnership with the school district. He said he would clarify the fiber situation
as well as provide information about the grandstand connection and wifi at the
fairgrounds, and provide his findings to the Board. Dir. Winslow reiterated that
an RFP to hire a marketing firm is being drafted by Johnson Consulting. He
said a portion of the start-up money contained within the MPEC construction
budget will be used to fund a temporary sales position to get information out in
the public and start selling the facility. Trustee Norris suggested that Rocky
Mountain National Park may be interested in using the facility for events
scheduled in conjunction with the 100th anniversary of Rocky.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #2, The Meadow
Condominiums, 311 & 315 Kiowa Drive, Marys Meadow Development,
LLC/Applicant.
B. AMENDED PLAT, Lot 7, Lake Pines Subdivision, 625 Community Drive,
David Moderi/Applicant.
Board of Trustees – August 27, 2013 – Page 6
It was moved and seconded (Blackurst/Phipps) the Planning Commission Consent
Agenda be approved, and it passed unanimously.
5. ACTION ITEMS:
1. CLASSIFICATION & COMPENSATION POLICY 301 & 2014
COMPENSATION PLAN.
In April 2013, ESM Consulting, Inc., was hired to conduct a comprehensive
review of classification and compensation for Town positions. In conjunction
with the study, a Classification and Compensation Policy has been drafted
which outlines how the Town will classify job positions and compensate
employees moving forward. The policy moves away from the Cost of Living
Adjustment (COLA) system used in the past, to a quantifiable market-based
process that will be reviewed annually prior to the budgeting process. The
market-based process will only affect base pay schedules and ranges; merit
increases related to job performance will be based on whether a merit pool is
approved by the Board during the annual budgeting process. If adopted, the
new policy would replace and supersede existing Board policy related to
employee compensation. Trustee Elrod noted that “Exhibit A” of the policy
does not include salary ranges for several categories of employees including
judicial and seasonal positions. Dir. Williamson stated that not all pay scales
are complete at this time. That being the case, Trustee Elrod proposed
removing the reference to “Exhibit A” within the policy and replacing it with the
following: “Classification and salary range tables will be prepared and adjusted
from time to time as necessary.”
Eric Marburger, ESM Consulting, stated that the classification and
compensation review, which will establish pay structures that are competitive
within a defined market, is nearly complete. He said that each position has
been reviewed and staff is comfortable with the market data provided and how
the positions have been classified. During the review process, questionnaires
were completed by each employee, meetings with focus groups were held, and
job descriptions were reviewed and updated. The updated job descriptions
were necessary to ensure that jobs were “apples to apples” when being
compared to positions in the market area. With the market data collected,
Town positions were organized into five job families, with a pay scale
containing a minimum, midpoint, and maximum developed for each job family.
This creates the ability to adjust job families differently, based on market factors
in the future. He said the percentage of adjustment varies from 0% to over 5%,
however, overall the average employee increase is 3.95%, for a total increase
in wages of $265,000 for 2014.
It was moved and seconded (Blackhurst/Ericson) to extend the meeting until no
later than 10:30 p.m., and it passed with Trustee Koenig abstaining from the vote and
all others voting “Yes”.
Mayor Pro Tem Blackhurst expressed concern related to the entry level pay for
the technical, professional, and administrative positions, stating it is barely a
living wage for the community and encouraged staff to take a look at this. He
said the policy may need to be amended to increase these levels above market
because housing is not readily available in the price range affordable for those
in that segment of the pay scale.
It was moved and seconded (Ericson/Norris) to approve Classification and
Compensation Policy 301 and the 2014 Compensation Plan. Trustee
Elrod requested to amend the motion to remove the last sentence of
Section 301.4.3 and replace it with the following: “Classification and
salary range tables will be prepared and adjusted from time to time as
necessary.”, and it passed unanimously.
Board of Trustees – August 27, 2013 – Page 7
Mayor Pinkham recessed for a five minute break at 9:57 p.m., and the meeting resume
at 10:02 p.m.
2. ACCRUAL OF MAJOR MAINTENANCE COSTS POLICY 900.1.
Dir. Bergsten presented a policy, exclusive to the Enterprise Funds, that would
allow for the accrual of monies to be set aside for large expenses related to
routine maintenance projects. Monies would be accrued annually and
earmarked for maintenance projects which would provide the benefit of
stabilizing utility rates rather than creating a financial burden in the years that
large maintenance projects must be conducted. Two large projects that would
fall into this category are the replacement of filter media at Glacier Water
Treatment Plant at an estimated cost of $150,000 which occurs every 15 years,
and membrane replacement at Marys Lake Water Treatment plant at an
estimated cost of $900,000 which occurs every 12 years. Mayor Pro Tem
Blackhurst said the policy makes sense, but voiced a concern about unfunded
liabilities and how the accruals will be reflected in the Town’s accounting
records. Finance Officer McFarland said that the policy would only affect the
Enterprise Funds and would follow the regulations set forth in the
Governmental Accounting Standards Board (GASB) accounting rule 62 which
is exclusionary to standard practices, with the accrued monies being
segregated out of fund balance for utilization on large maintenance projects.
He said the accrual will be an apportionment of surplus to pre-fund large
maintenance projects rather than a liability and will not affect the Town’s bond
rating or debt service coverage. It was moved and seconded
(Blackhurst/Norris) for adoption of the Accrual of Major Maintenance Costs
Policy 900.1 as presented, and it passed unanimously.
3. PROBLEM STATEMENT: ESTES VALLEY DEVELOPMENT CODE TEXT
AMENDMENT, CONCURRENT REVIEW AND PROMULGATING
PROCESSING SCHEDULES.
Dir. Chilcott presented a problem statement to be utilized in drafting revisions to
the Estes Valley Development Code to establish processing schedules for
related development applications and clarify staff’s authority to determine
appropriate review schedules. The approval of the problem statement would
give policy direction to the Estes Valley Planning Commission (EVPC) to begin
work on drafting the code amendment. The Board’s discussion is summarized:
the problem statement will be reviewed with the County Commissioners in
September; consider giving staff authority and flexibility to determine the best
review schedule to ensure proper review is done; previous study session
discussion focused on requiring review by the Planning Commission prior to
Board of Adjustment (BOA) review and a very sequential process for every
application; objective is to standardize the process; creating a hard and fast
policy may result in unintended consequences; a decision made by the BOA
prior to review by EVPC may place unrealistic expectations and pressures on
the Planning Commission; and big problem with EPIC was that there was not
concurrent submittal of applications (no development plan or special review
application.) Attorney White said allowing BOA review prior to EVPC review
could pose a problem by creating a situation whereby a BOA approval and
conditions of approval may be vetoed by the Board. He said by not going
through the proper process the Board faces the possibility of making a decision
that would overturn a BOA approval. The BOA should serve as a limited body
to hear variances when they are necessary and defined by a complete
development plan or special review. The Board requested that staff re-write
the problem statement to state that Development Plans and Special Reviews
shall be reviewed by the Planning Commission prior to the Board of Adjustment
and bring it back to an upcoming Town Board meeting for additional discussion.
In addition, Trustee Elrod noted that the problem statement should be a
collaborative effort between the Town Board and the County Commissioners
since it is dealing with the Estes Valley Development Code. Dir. Chilcott stated
that in the past, problem statements have been reviewed and approved by the
Town Board, County Commissioners, and the Planning Commission, prior to
beginning work on a draft. The Board tabled the item.
Board of Trustees – August 27, 2013 – Page 8
Whereupon Mayor Pinkham adjourned the meeting at 10:30 p.m.
William C. Pinkham, Mayor
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, August 27, 2013
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in
Rooms 202/203 in said Town of Estes Park on the 27th day of August,
2013.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris and Phipps
Attending: All
Also Attending: Assistant Town Administrator Richardson, Town Attorney
White and Town Clerk Williamson
Absent: Town Administrator Lancaster
Mayor Pinkham called the meeting to order at 5:03 p.m.
FUTURE AGENDA ITEMS.
Trustee Phipps requested staff add liquor enforcement/policy to an upcoming meeting
and the revised committee appointment policy. The Board discussed the liquor policy
and requested community involvement prior to Board discussion or setting new policy;
i.e. what kind of enforcement does the public expect or consider good policy. Once the
Board has heard from the public they would discuss the input at a study session to
provide staff with direction on drafting a policy.
Trustee Ericson stated concern with staff sending out a news release concerning sales
tax without input from the Board.
AFFORDABLE HOUSING NEEDS AND POSSIBLE CODE AMENDMENTS.
Estes Park Housing Authority (EPHA) Director Rita Kurelja reviewed the need for
proposed Development Code changes to address the affordable housing needs in
Estes Park. The Authority would recommend a change to the definition of “Attainable”
to include income limits in both rental (currently 60%) and homeownership (currently
80%) to 125% of the Larimer County Area Median Income or below adjusted for
household size. A review of the cost of housing from 1981 to 2012 demonstrated an
increase of 380% while household income only increased by 243% over the same
period of time. In addition, banks are requiring 10% as a down payment for a mortgage,
which is difficult for many households. The problems include rising home prices has
created and will continue to create an affordability gap; lack of housing options that are
affordable to moderate income households; increase in the number of vacation homes
has created a lack of long term rentals; between 2000 and 2010 there has been an 11%
decrease in the number of owner occupied housing units; and retention of young
families providing diversity in the community, an employee base, vibrant school system
and increased sales tax revenue. A review of Town staff illustrated of the 19 sworn
officers, 12 live in communities down valley or 63%. Director Kurelja stated employees
commuting more than an hour a day to work are more likely to leave their employment
after a year of less, spend more on transportation costs, and spend $4,000 to $7,500
annually on commuting costs. Interviews of a number of staff living outside Estes Park
were conducted and reoccurring themes were heard including the cost of housing
prevents them from living in Estes Park, less time with family due to commuting, lack of
connection with the community, the need to rely on spouse to pick up the slack, and
dangerous driving conditions in the canyon. She stated the largest single obstacle was
affordable housing and not the lack of activities in the community, nor the quality of the
school system. It is estimated that $1.4 million in salaries leaves the valley annually.
The recommended code change would not fix the whole problem but it begins to
Town Board Study Session – August 27, 2013 – Page 2
address it. Specific code amendments have not been discussed with staff; however, if
there is support to move forward the discussions would begin.
Discussion was heard by the Board and has been summarized: additional statistics
from other similarly situated communities would be needed; employees from all the
other large employers and districts should be addressed; a reasonable standard for
commuters and turnover should be established; an understanding of response time
needed by the different departments, i.e. 20 minutes versus 1 hour; concern with raising
the income level to 125% would negatively impact the lower level income households;
there is a need to identify programs that have worked in other communities, how they
would translate to Estes Park and what are the goals; there is a need for the Town and
the County to be aligned on the topic and agree to have the Estes Valley Planning
Commission review the issues; and the County Commissioners need to understand the
uniqueness of housing issues in the Estes Valley.
Director Kurelja stated the Authority has a number of programs and grant funding to
address the lower income households. The Authority does not have the same
resources for those at the higher income level (125%) and would be using other sources
such as private funds. The code changes would incentivize the developer to build
affordable housing. She stated other communities allow accessory dwelling units
(ADUs), inclusionary zoning and affordable housing incentives. The ADUs are deed
restricted for employee housing and are not allowed as vacation homes.
After further discussion, the Board requested Director Kurelja provide the County
Commissioners with the same presentation, review the housing issues, and gain their
approval to have the Estes Valley Planning Commission review and work on code
amendments for affordable housing in the Estes Valley.
ESTES VALLEY COMPREHENSIVE PLAN MODERNIZATION UPDATE.
Director Chilcott updated the Board on the status of the modernization of the
Comprehensive Plan to clearly articulate the valley’s vision and policies. The objectives
of the update are to use clear and concise language, incorporate pictures to illustrate
key issues and policies and to use current standard data/information throughout the
document. The updates are not changing policy within the plan. The revised plan has
been updated graphically and laid out in a professional user friendly manner.
Information has been presented graphically whenever possible to convey information to
the reader, updated maps, and updated action plan with the current status of projects.
The Estes Valley Planning Commission has been reviewing and commenting on the
draft updates monthly, and updates are provided to the Community Development
Community Services Committee monthly. The continued goal is to have the updates
completed by the end of 2013; however, staff has completed 30% of the work to date.
The Board thanked staff for their efforts and stated the progress on the updates is on
target and the improvements to the readability of the document are appreciated.
STAFF SUPPORT TO THE BOARD.
The Town Clerk’s office is charged with providing administrative support to the Board,
therefore, all requests for support should be addressed to the staff in the Town Clerk’s
office. Town Clerk Williamson reminded the Board to use the Townclerk@estes.org
when communicating with staff to ensure their requests are addressed in a timely
fashion.
There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, August 22, 2013
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
22nd day of August, 2013.
Committee: Chair Ericson, Trustees Elrod and Norris
Attending: Chair Ericson, Trustees Elrod and Norris
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Directors Chilcott and Fortini, and Deputy Town
Clerk Deats
Absent: Director Winslow
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
COMMUNITY SERVICES DEPARTMENT.
SURPRISE SIDEWALK SALE RESOLUTION.
The Surprise Sidewalk Sale is scheduled to take place on the weekend of October 12-
13, 2013. Businesses located outside of the downtown area can participate in the sale
by reserving space in Bond Park, or in the Dairy Queen parking lot if Bond Park is under
construction and not available for use. The adoption of a resolution is required to hold
the sale due to regulations that exist within the Municipal Code and the Estes Valley
Development Code. Staff is recommending that sandwich board signs be allowed
during the sale provided they do not encroach on the sidewalk. The Committee
recommends approval of the Surprise Sidewalk Sale Resolution to be included on
the consent agenda at the September 10, 2013, Town Board meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Senior Center Quarterly Report – Attendance continues to be good with overall
attendance running at 93% of capacity. Attendance at drop-in events is running
7% higher than 2012. Manager Mitchell attended the Colorado Association of
Senior Centers Conference in August. Based on information provided at the
conference, the Senior Center Master Plan process, and the Estes Valley
Recreation and Park District’s proposed Community Wellness Recreation Center
concept, are on track to meet changes in business practices and programming.
Trustee Norris thanked staff for providing programming related to internet scams
and various other scams that target seniors.
Collections Facility Report – Bryon Hoerner, Curator of Collections, outlined
steps being taken to protect the Museum’s artifacts. To ensure proper care of
items on-site, environmental monitoring has been updated to include multiple
digital monitoring devices and membership in an online climate data analysis
program. The off-site storage facility has been organized and was cleaned by a
local commercial cleaning crew. Bed sheets donated from local hotels and
lodges are being utilized as dust covers to protect the artifacts. The off-site
facility was inspected for pests, holes in the exterior walls and roof were plugged,
and two of three garage doors were removed to help seal the building and
reduce the chance of pest infestation. The Committee asked if any destroyed
artifacts were found during the cleaning and organizing of the off-site storage
facility. Dir. Fortini indicated that some items were disposed of due to their
deteriorated condition. The Committee said the report underscores the need for
a proper storage facility.
Shuttle Update – The shuttle system recorded its 300,000th rider on July 28th, and
Community Development / Community Services – August 22, 2013 – Page 2
on August 9th ridership for 2013 surpassed the total number of riders for the
entire 2012 season. Out of 90 entries “Elkhorn Express” was selected by the
Shuttle Committee as the name for the downtown trolley. Estes Park resident,
Bruce Barrow sent in the winning entry and the closest guess at the total number
of trolley riders for the month of July. Information is being distributed to
businesses and lodging establishments regarding the revised shuttle schedule
that will be in place during the USA Pro Challenge on Saturday, August 24th. The
Shuttle Committee continues to meet to discuss the system and is suggesting
that the loading zones remain open until 10 p.m. to facilitate loading and
unloading on the Gold and Brown routes during the evening hours. The
Committee requested data on the number of people using electronic devices
such as cell phones and iPads to receive information about the shuttle schedule,
and information as to whether the shuttles are operating on schedule.
Coordinator is also preparing a report addressing the pros and cons of adding a
second trolley to the Town’s fleet. Adding bike racks to the shuttles was
discussed including safety, scheduling issues, and damage that may result from
loading and unloading bicycles.
Fairgrounds & Events Report – 170 people attended the first Chuck wagon Cook-
off that was scheduled in conjunction with the Heritage Festival, however,
attendance at the Heritage Festival was low. The Cowboy Sing-Alongs continue
to attract large crowds in Bond Park and preparations for the USA Pro Challenge
are complete and ready for the event on Saturday, August 24th. Staff
emphasized that planning for the bike race has provided valuable experience
working with other agencies in Northern Colorado and said that a follow-up
discussion to review the pros and cons of the event will be held. Staff
participated in discussions with a committee from Rocky Mountain National Park
(RMNP) related to assistance the Community Services Department may be able
to provide as plans are made for events to celebrate Rocky’s 100th Anniversary
beginning in September of 2014. The Committee suggested that RMNP might
consider utilizing the MPEC as a possible venue for large public events related to
the Park’s anniversary.
Verbal Updates –
o Ambassadors – Sandy Osterman, president of the Ambassadors stated
that the group is prepared for the bike race on Saturday, and reported that
a good working relationship has been established with VisitEstesPark.
The Committee suggested that members of the Ambassadors group
consider participating in designing the parking structure by providing input
at public meetings scheduled during the first week of September.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Floodplain Management Report on Revisions to State & Federal Programs –
Chief Building Official Will Birchfield, acting as the Town’s Floodplain
Administrator, said there are three levels of regulation that must be considered
when managing the Town’s floodplains and that there are four floodplains within
the Town’s boundaries: Big Thompson, Fall River, Black Canyon, and Fish
Creek. In light of recent changes to floodplain regulations, revisions to the
Municipal Code will be required in order to align with new laws related to
floodplain management. Due to the volume and complexity of the information,
CBO Birchfield proposes to bring the information forward at three separate
meetings to address the following: 1) a local ordinance adopting minimum
federal requirements for participation in the National Flood Insurance Program
(NFIP) making community property owners eligible to purchase coverage through
the NFIP program; 2) a revision to current regulations to comply with recently
updated state standards contained in the Colorado Conservation Board
Floodplain Regulations; and 3) local regulations in Chapter 17 of the Municipal
Code. He said last year Congress passed the Biggert-Waters Act which affected
Community Development / Community Services – August 22, 2013 – Page 3
flood insurance rates and also changed floodplain modeling from a community-
wide view to a watershed view. Next month staff is preparing to bring forward to
the Committee proposed amendments to the Town’s floodplain ordinance which
will address the impact of the Biggert-Waters Act on flood insurance and the
changes to the state laws. Changes required for compliance with federal law and
updates to local regulations will be brought forward at subsequent meetings. He
said the proposed amendments will contain new terminology and technical
floodplain verbiage.
Comprehensive Plan Modernization – Community Development Staff and the
Planning Commission continue to work on modernizing the Comprehensive Plan.
Dir. Chilcott and Planner/Code Enforcement Officer Kleisler noted that the
Economic Overview and Economic profile require a significant rewrite in order to
convey the information in a readable, usable format. A draft utilizing a new
format which includes graphs and tables was presented to the Committee as an
example of how the information, such as the 2010 census data, may be
presented. The final report is intended to be more visual than the existing
document and more user-friendly in terms of locating information on the page.
The Committee stated that the new plan should contain information that will
assist in making decisions for the future in regard to housing, daycare, the senior
center, and asset management; and requested that staff provide a presentation
to the full Board at an upcoming study session.
Community Development Monthly Report – Year-to-date building permit numbers
are 3% higher than 2012, with valuation up 10%, and fees up 16%. These
numbers do not include the permits for the MPEC and the stall barn. The
building and planning divisions are both seeing an increase in activity, with
building division staff performing an average of 20 inspections per day. Work
continues at the Courtyard property, however, the current contractor is
withdrawing his permits due to private business issues, and the property owner
will be hiring a new general contractor. Staff will begin proactive enforcement of
high priority sign code violations in the downtown area. Since it is difficult for
Building Permit Tech Charlie Phillips to be out of the office, Planner/Code
Compliance Officer Kleisler will assist with sign code compliance and outreach.
Dir. Chilcott said that the Planning Commission has a busy schedule for the fall
and said that current applications can be viewed on the Town’s website. She
noted that Charley Dickey was appointed to the Planning Commission as a Town
appointee and said that interviews for a county appointee will be held on August
23, 2013. Trustee Elrod reported that staff will be providing reports at each Estes
Valley Planning Commission meeting to provide information to both the new and
existing members of the Planning Commission. Overviews on topics such as the
fire code, flood plain regulations, and the building code will be presented, as well
as how those codes impact the Commissioners’ decisions and oversight
responsibilities.
Verbal Updates –
o Code Compliance – Staff has been working over the past several months to
create a formal code compliance policy and procedures to proactively
address hot button issues in the community. Planner/Code Compliance
Officer Kleisler presented a draft dashboard report that was developed using
information gathered during numerous outreach meetings which were held
earlier this year. He recommended the report be provided to the Committee
on a monthly or quarterly basis and include open cases, closed cases, and
the type of cases being addressed. He said the data included within the
report will provide information related to spikes in complaints about specific
issues, such as noxious weeds, which can then be used to prepare to
address issues within the community in a timely manner.
There being no further business, Chair Ericson adjourned the meeting at 9:45 a.m.
Community Development / Community Services – August 22, 2013 – Page 4
Cynthia Deats, Deputy Town Clerk
RESOLUTION NO. 22-13
WHEREAS, on July 23, 1991, the Board of Trustees adopted Ordinance 15-91
pertaining to “containment” within the C-D District, and subsequent adoption of the
Estes Valley Development Code (Chapter 4, Zoning Districts, Section 4.4, specifically
Paragraph D.1.a.:Outdoor Sales, Use, Storage and Activity in the C-D Zoning District,
Number (3) Exceptions)
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the following guidelines shall be adopted for the “Surprise Sidewalk Sale
Days” being sponsored by the Events Department that is scheduled October 12-13,
2013:
1. Hours of operation shall be from 9 a.m. – 5:30 p.m.
2. The Sale Weekend is available to all EstesPark businesses.
3. The Sale Weekend will be held rain or shine.
4. Businesses will be allowed to sell merchandise in front of their stores only
during the hours specified above.
5. Sidewalk displays, including signage, shall provide a minimum clearance
of four feet for pedestrian ways and handicapped accessibility. Displays
and/or merchandise will not be allowed in any street.
6. Those merchants without sidewalk frontage may contact the Events
Division at 586-6104 to reserve a space in Parking Lot 2, the Children’s
Lot, if Bond Park is under construction (10x10 spaces only).
7. Advertising posters will be provided.
8. All participating businesses must possess a current Town Business
License.
BE IT FURTHER RESOLVED, that every business is urged to participate in this
Surprise Sidewalk Sale Days annual event.
DATED this day of , 2013.
TOWN OF ESTESPARK
Mayor
ATTEST:
Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
August 6, 2013, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Jeff Moreau, Vice-Chair Bob McCreery, Members John Lynch,
Wayne Newsom, and Pete Smith; Alternate Member Chris Christian
Attending: Chair Moreau, Members McCreery, and Newsom
Also Attending: Director Chilcott, Planner Kleisler, Recording Secretary Thompson
Absent: Members Lynch and Smith
Chair Moreau called the meeting to order at 9:05 a.m.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence. There were three people in attendance.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the July 2, 2013 meeting.
It was moved and seconded (Newsom/McCreery) to approve the Consent Agenda as
presented and the motion passed unanimously with two absent.
3. METES & BOUNDS PARCEL, 978 Sutton Lane
Planner Kleisler reviewed the staff report. The property at issue is located outside the
Town limits near Marys Lake. The surrounding neighborhood is low-density residential.
The request is for a variance from EVDC Section 4.3, Table 4-2, which requires buildings
and accessory structures be setback a minimum of 25 feet from the side property line in
the E-1–Estate zone district. The applicant requests to encroach approximately 13 feet
into the setback to enclose an existing deck and construct a new deck that would extend
past the enclosure. Approximately 100 square feet of the proposed deck would be
constructed in the front setback. The application was routed to affected agencies and
adjacent property owners. No comments or concerns were received.
Staff Findings
1. Special Circumstances or Conditions Exist
Staff found the home is partially located within the side setback. According to the
Larimer County Tax Assessor, the single-family home was built in 1920 and is legally
nonconforming to current setback standards. The lot size is 0.7 acres, which is
generally more compatible with the E–Estate zone district (1/2 acre minimum with side
setbacks of ten feet).
2. Practical Difficulty
a. Staff found the residential use may continue without the variance
b. Staff found the variance was not substantial
c. Staff found the essential character of the neighborhood would not be substantially
altered with the approval of this variance. Nearby homes are generally the same
size or larger, and many decks similar in scope to the one proposed. Adjoining
properties would not suffer a substantial detriment as a result of this variance. The
nearest property is a residential dwelling approximately 114 feet to the west.
d. Affected agencies expressed no concerns relating to public services for this
variance.
e. The applicant purchased the property in early 2013, after the adoption of the
current setback requirements.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
July 2, 2013
f. The variance request is the only practical option to enclose the existing porch. The
proposed deck could be constructed to meet setback requirements.
g. The size of the proposed deck could be shortened and still meet the egress needs
of the applicant.
3. Staff found they could determine compliance with the variance without an official
setback certificate.
Staff recommended approval of the variance, with conditions listed below.
Staff and Board Member Discussion
Member Newsom commented there was no notice nor staking of the site. There was brief
discussion about the elevation drawings. It was determined the proposed deck would not
extend further west on the property than the existing porch. Member McCreery stated the
photos in the staff report were very helpful.
Public Comment
Steve Discher/applicant purchased the property out of bankruptcy and is in the process of
renovating the property. He presented a slide show of the property and improvements
made thus far. Mr. Discher has applied for the building permit, which is pending
depending on the outcome of the variance request. He thanked the Board for their
volunteer efforts.
It was moved and seconded (Newsom/McCreery) to approve the variance request as
presented with the findings and conditions recommended by staff and the motion
passed unanimously with two absent.
REPORTS
Director Chilcott stated there were no reports.
Member McCreery requested a study session prior to the anticipated hearing for a height
variance request for the proposed performing arts center (EPIC). Director Chilcott stated a
study session would take place, and Town Attorney White would be in attendance at the
study session and subsequent Board of Adjustment meeting. Member McCreery is
concerned the approval of the variance would create a new height standard. Director
Chilcott shared her hopes that any future applications for this proposed project would be
submitted concurrently as a package with coordinated meeting schedules. This would
allow a full understanding of the entire proposal by all decision-making bodies. She
understood the frustrations of the Board.
Steve Nagl/Town resident requested the public be informed of the upcoming study
session and Board of Adjustment meeting concerning the height variance. Director
Chilcott stated the Community Development Department had not yet received an
application for the project. The public is welcome to attend all public meetings. She stated
residents that want to be included on the mailing list can contact the Planning Department
with their name and address and they will be included on the list. Member Moreau stated
it would be very important for any required notices to be posted as directed. Director
Chilcott stated public comment is not taken at study sessions, although the public is
welcome to attend. All public comment is taken during the public hearings. Written
comments would be included in the meeting packets to the Board, and also posted on the
Town website.
There being no further business, Chair Moreau adjourned the meeting at 9:35 a.m.
___________________________________
Jeff Moreau, Chair
__________________________________
Karen Thompson, Recording Secretary
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
Committee: Chair Frank Lancaster, Community Development Director Alison Chilcott, Public Works
Director Scott Zurn, Practicing Engineer Don Taranto, Practicing Architect Ginny
McFarland
Also Attending: Senior Planner Dave Shirk, Town Attorney Greg White, Recording Secretary Karen
Thompson
Absent: Member Taranto
Chair Lancaster opened the meeting at 6:00 p.m. and introduced the committee. There were more than 30
people in attendance.
Chair Lancaster stated this meeting would consist of a presentation from the applicant, and a review of the
applicant’s responses from the Committee findings of December 12, 2012. Public comment would be accepted.
The Applicant would have the opportunity to respond to the public comments, and address additional items
from the staff report. The Committee would then make recommendations.
Alan Aspinall/Stanley Hotel Special Project Coordinator presented the concept of the project. He stated there
were numerous submittals and plans to be approved prior to the commencement of construction. The
Technical Review Committee approval was one of those steps. He saw the committee as having two options –
one to deny and one to approve with conditions. Mr. Aspinall stated 99% of the conditions listed in the staff
report would be addressed at the TRC final approval and/or building permit stage. He was aware of those
requirements and planned to include them in the final approval package and building permit applications. Mr.
Aspinall stated the original proposal included an amphitheater, approximately 42 parking spaces, service area
and dining room. The latest revisions were made to address parking concerns. The porte-cochere was designed
with the assistance of the Fire Marshall to comply with the fire department’s requirements. The reduced
number of parking spaces at the site are required by the Americans with Disabilities Act (ADA).
Mr. Aspinall stated the area of impervious coverage had been reduced to lessen drainage requirements.
Pedestrian circulation was described. The existing employee parking lot would be re-designated for non-hotel
guest parking, assuming the bulk of the guests would be staying on site. A building permit application has been
submitted for additional sidewalks on the property. Additional ADA parking spaces would be added to the
northeast of the site. The employee parking lot would be moved above the north dormitory, with an additional
area closer to the Overlook Condominiums. This particular lot is subject to flooding, so the number of spaces is
currently unknown. An area behind Performance Hall may provide up to 42 spaces, depending on the
engineer’s drainage report.
Mr. Aspinall stated the most effective way to deter traffic from entering the Mountain Creek Townhomes
would be to install a turnabout with adequate signage in Lot 7. Guests parking on site would be directed to park
at the back of the property. Signage at the front of the hotel was redone several months ago, which has
substantially reduced the number of vehicles turning around at Mountain Creek Townhomes.
Roger Thorp/Project Architect stated one of the intents of the Stanley Historic District Master Plan was to
prevent similar architectural designs from being built outside the Stanley Hotel property. Mr. Thorp stated the
some of the unique detailing from the hotel was brought into the design of the pavilion to compliment the
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
hotel and also to blend in with the natural surroundings. He showed photo simulations of the proposed site and
structures, as directed by the Committee after the last meeting. The landscape plan would include ten foot tall
evergreen trees to hide the building to the maximum amount feasible. It was expected the building would be
mostly hidden from view according to the specific view corridors spelled out in the Master Plan.
Mr. Aspinall stated the small parking area would be lined with eight to ten foot native evergreen trees, creating
a natural wildlife corridor. The previously proposed fencing was removed from the plan. The rear wall of the
pavilion would extend all the way to the rock outcropping, would include removal of the previously proposed
restroom, and would assist with sound mitigation.
Mr. Aspinall stated bollard lights would be used for pedestrian safety, and all lighting would comply with the
Estes Valley Development Code (EVDC). Building and corridor lights would be adjusted for after-hours or non-
use of the building. Pathway lighting would remain on at all times.
Mr. Aspinall stated the removal of the parking lot would greatly reduce the noise level. Only six to eight ADA
spaces would impact the adjacent properties. All other guests would enter the area on foot from either the
north side of the structure or from the pathway to the east from the hotel. The primary activity of this facility
would be to host weddings, mostly on weekends. Weddings would take place on the stage area of the
amphitheater, and would most likely be finished by 8:00 p.m., when guests would move to the banquet facility
adjacent to the amphitheater. He stated this project did not introduce any new use for the Stanley Hotel
property. The proposed space could also be used for conferences, film viewing, corporate events, etc. All-night
parties would not be tolerated. Pedestrian traffic would go to the north, parking would not be permitted on the
approach to the pavilion, and noise from vehicles would be kept to a minimum. A substantial change to the
original plan was the placement of the service road to the banquet facility. The driveway and service entrance
would be located on the north side of the banquet facility, creating minimal impact to the Mountain Creek
Townhome residents.
Mr. Aspinall stated the design of the building was not complete, and a noise study would not be feasible or
conclusive at this point. He stated he was not sidestepping the issue, but needed to wait until the design was
more complete. He assured the Committee all designs would meet the noise ordinance criteria. Modeling of the
structure for noise abatement would be one of the requirements prior to final approval.
Mr. Thorp addressed the drainage plan, which would be considerably less due to the reduction in the parking
area. He stated the drainage area would be designed to be aesthetically pleasing and would slow the water
down for absorption into the grass swale. There would also be a small pond above the development that would
accept some of the water from the higher parking area. Water from the upper pond would drain through
underground pipes to the lower exit area.
Concerning site disturbance, Mr. Aspinall stated the lower parking area would be gradually integrated with the
natural slope, and the area between the parking spaces and the adjacent properties would be used for
additional vegetation. The wetland area would remain such, and a combination of shrubs, boulders, and trees
would serve as additional buffer.
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
STAFF REPORT
Senior Planner Dave Shirk reviewed the staff report, focusing on the nine findings that the Technical Review
Committee made last December (listed below). He explained the application was still in the preliminary phase,
and the Committee had several options; continue the review, request additional information, approve the
proposal as presented or with conditions, or disapprove. If approved, the designer could move forward with
engineering details to eventually present to the Committee for final approval.
Planner Shirk spoke with Rick Spowert from the Colorado Division of Parks and Wildlife, who was concerned
about animal-resistant trash enclosures, as bears frequent the proposed site.
Findings
1. Parking Lot
The TRC requested a parking analysis and operations plan; the parking lot be substantially revised to
reduce the number of spaces; and to provide additional parking elsewhere on Lot 1.
Applicant response: “We understand that the Committee is asking for a comprehensive parking
analysis for our entire site. We are awaiting engineering drawings on a new lot sited to the north of
the Performance Hall. There is an additional employee lot where we are addressing drainage
problems through our suit against the Developer of the Overlook Condominiums. In both cases, the
maximum number of spaces has yet to be determined. We have submitted site plans to the building
department of some sidewalk and additional parking spaces, and these will add to the total as well.’
Staff Comment: The parking lot has been redesigned, reducing the parking lot to 7 spaces; the porte-
cochere remains. No parking analysis has been provided.
The Estes Valley Development Code requires 66 parking spaces for a 200 seat theater (one space per
three seats). This is comparable to the proposed use.
The applicant proposes an additional 42 spaces to be located in the north east portion of the campus,
intended to ‘alleviate campus wide parking issues (site plan page 7).’
2. Drainage
The TRC requested alternate design of detention facilities that minimize impact to adjacent properties.
Applicant response: The reduction in parking area will ‘lessen drainage requirements by at least 30%.
A grass lined swale, as noted on the site plan, will connect to the creek, in lieu of the previous basin.’
Staff Comment: The storm quality pond has been removed.
The plan includes a 5’ curb cut in the SW corner of the parking lot to allow drainage. A drop-inlet
would reduce visual impact by removing rip-rap material from the parking lot fill slope.
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
3. Noise
The TRC requested a noise study and mitigation plan, if necessary.
Applicant response: “The only possible source of additional noise due to the project will be located
within a building which has . . . not been constructed. We believe that the eventual building plans will
show how noise will be abated. In addition, we recognize and agree to the Town’s noise standards.”
Staff Comment: A noise study should be done. This should address noise from within the building and
from the parking lot, and should address impact of the rock backdrop. This study should also address
amplified noises.
The noise study should describe how typical uses would not violate the noise ordinance, which has a
maximum 55 decibels from 7 AM to 8 PM, and 50 decibels from 8 PM to 7 AM. Sound is measured
from the property line.
Impact on neighboring properties could be limited with hours of operation.
4. Lighting
The TRC requested submittal of a photometric plan, a description of night-time lighting of the building
in context of Lot 1 and a description of the impact on adjoining properties.
Applicant response: ‘Exterior lighting will be confined to bollard lights around the walkways, and
up/down only sconce lights on the building. The Town Ordinance on lighting will be strictly followed.’
Staff Comment: No photo-metric study has been submitted.
The applicant’s architect has shown exterior lighting locations on the site plan, and has provided
lighting ‘cut sheets’.
Sidewalk lighting will be bollard style, which minimizes off-site glare.
No parking lot lighting is proposed.
Building light fixtures are downcasting. Due to elevation, this could result in glare on adjoining
properties.
Final construction plans should address operational requirements outlined in Section 7.9 of the EVDC
(turned-off during non-operating hours).
5. Pedestrian Circulation
The TRC requested a pedestrian circulation plan from the hotel to the proposed building.
Applicant response: ‘The circulation plan shows walkways connecting the Pavilion and other sites on
the Hotel property.’
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
Staff Comment: A wayfinding system should be installed from the proposed parking lot on the NE
portion of the site.
Sidewalks should be at least 8-feet wide (as required in the A Accommodations district by the EVDC).
The site plan should demonstrate physical barrier between the Stanley property and the adjacent
Mountain Creek property.
A split-rail fence at the top of the slope could serve this function.
6. Traffic Flow
The TRC requested signage and physical improvements (e.g. turnarounds) to mitigate traffic turning
around in Mountain Creek Townhome Condominiums.
Applicant response: ‘The Stanley will provide a sign on its property adjacent to Steamer Parkway, to
the east of the entrance to the Mountain Creek Condominiums that states that only vehicles going to
the condominiums, to the Pavilion, or to the Stanley service areas will be permitted.
In addition, we believe that there is sufficient right-of-way that the Town could construct a turn-
around at this point, to the east of the Mountain Creek development.’
Staff Comment: Signage and turn-around design should be included on final plans.
Turn-around should be approved by the Fire District and the Public Works Department, and should be
constructed by the applicant at applicant’s expense.
7. Building Design/Architecture
The TRC requested the applicant review the Architectural Review Committee (ARC) comments, and
redesign as appropriate.
Applicant response: ‘The Pavilion will continue the theme of the outward appearance of the Hotel
buildings, as originally shown, in color, material, and style. The bathrooms originally shown on the
southwest side have been removed and replaced by a solid wall continuing into the existing rocks.
Certain elements, like the porte-cochere will suggest past structures that were a part of the original
hotel. The overall intent is to provide a sense of the property being a campus, with unifying elements
to all buildings.’
Staff Comment: Staff supports the findings offered by Rebecca Spears, ARC member.
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
8. Site Context
The TRC requested a photo simulation to address scale of building as sited on the property, including
off-street views.
Applicant response: ‘A new photo model is submitted showing views from the condominiums, and
other areas where the pavilion would be visible. Due to terrain and existing vegetation, the pavilion
would not be visible from the hotel, of from the north.’
Staff Comment: The site location would have minimal visual impact on views from offsite.
The site location could have an adverse impact on adjacent residential properties from noise.
9. Landscaping/Fencing
The TRC requested a revised landscaping plan demonstrating additional neighborhood buffering, and
removal of the fence from the east and south of the building.
Applicant response: ‘Fencing has been eliminated from the east and south of the project. A solid wall,
consistent with building design will continue from the amphitheater up into the rocks, providing
building and site security.
Areas between the south side of the pavilion and the condominiums will be naturally landscaped with
native vegetation. In addition ten 10’ Colorado blue spruce trees will be planted as a buffer, in a way
that will construct a wildlife corridor between the pavilion and the condominiums.’
Staff Comment: The landscaping plan should include landscaping notes outlined in the Landscaping
Plan Notes guide.
A split rail fence could provide a physical barrier between the pavilion use and the adjacent residential
use, with minimal visual impact.
Planner Shirk stated all public comment has been posted on the Town website. He again reviewed the options
for the Committee’s decisions on the application; Continue the application and request additional information,
approve the application and move to the final review phase, or deny the application. Staff recommended
conditions of approval, listed below.
CONDITIONS OF APPROVAL
1. Compliance with approved architectural and site plans.
2. In accordance with the Stanley Historic District Master Plan, final plans shall consist of final
development plans, engineering, and site design drawings, and shall address the following:
(a) Building height shall not exceed 30-feet, including cupola/flagpole.
(b) Sidewalks shall be at least 8-feet wide.
(c) Landscape plan shall include notes outlined in ‘Landscaping Plan Notes’ guide.
(d) Retaining walls shall comply with Section 7.2 of the Estes Valley Development Code, including
screening/facing requirements.
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
(e) Compliance with construction standards outlined in Appendix D of the Estes Valley Development
Code.
(f) Compliance with Estes Valley Fire Protection District standards regarding turning radii.
(g) Final Drainage Report shall be subject to review and approval of the Public Works Department.
(h) Stormwater facilities shall minimize visual impact.
(i) Proposed traffic circle and road improvements.
(j) Proposed signage (wayfinding, no parking, etc).
(k) Building and roof colors.
(l) Final plans shall address operational requirements outlined in Section 7.9 of the EVDC (turned-off
during non-operating hours).
(m) Physical barrier between pavilion and adjacent residential uses.
3. Prior to issuance of a Certificate of Occupancy:
(a) All landscaping shall be installed (or guaranteed if plan cannot be implemented due to seasonal
conditions).
(b) Parking lot in NE portion of the property shall be constructed prior to issuance of a certificate of
occupancy. Wayfinding system from parking lot to pavilion installed.
(c) Sidewalks from pavilion to hotel and parking lot installed.
(d) Traffic circle shall be installed.
(e) Mountain Gate ‘private property – no turn-around’ signs installed.
(f) As-built plans shall be submitted for review and approval.
Planner Shirk suggested adding a condition of approval for the animal-resistant trash enclosure, which would
most likely be located close to the service entrance. Details would need to be drawn on the plans. He stated
Town Attorney White was in attendance to answer questions posed by the Committee. There was brief
discussion about the timing of the noise study. Planner Shirk stated it would be difficult to require a noise
study after the preliminary phase was accepted.
PUBLIC COMMENT
Roxanne Van Skiver/Town resident shared her concerns: 1) her property line would be 20 feet from the
project, 2) visual impact, 3) degree of use may be more than what is currently planned, 4) hours of operation
should be more specific and include set-up and tear-down, 5) noise could be excessive. She would like to see a
stiffer penalty for non-compliance with ordinances. She stated the architectural design promotes gatherings
outside the building and would create an uncontrollable noise source as guests leave the immediate area to
smoke, talk privately, etc.
Greg Van Skiver/Town resident thanked the TRC for the opportunity to provide public comment. He
distributed a packet of documents to each committee member (posted as public comment on the Town
website). He expressed his overall frustration with the project, stating it did not follow the Master Plan, and
this project would be an exception to the plan. He stated the proposed development was not appropriate for
this site, nor sensitive to adjacent neighbors. He was concerned about incompatibility and stated this project
would not be in close proximity to other buildings on the Stanley Hotel property. He commented the impacts
to adjacent development must not be ignored, and encouraged the property owners to look at alternative
locations for the project
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
John Dragovich/Town resident was concerned about guest parking and the difficulty for emergency vehicles to
navigate through the area. He recommended a traffic study to determine the impact on the Mountain Creek
Townhome residents. His two biggest concerns were quality of life and property values, and asked for
empathy from the Committee.
Stuart McGregor/Engineering Dynamics Inc., was retained by the Mountain Creek Townhome Condominiums
Association to provide comments concerning the noise impact from the proposed project on the adjacent
property owners. He stated the proposed project was incompatible to the adjacent land use, mitigation wasn’t
always economically feasible, and additional vegetation would provide zero noise reduction. He stated unless
penalties or fines are sufficiently painful, most venues ignore the rules and pay the fine, and thought the
potential to violate the ordinance should be addressed. He recommended enclosing the entire facility. He
encouraged the Committee to have all noise mitigation addressed prior to approval of the project. He
suggested defining the hours of operation, programming, sound system specifications, limits on number of
people, and the use of the facility. Mr. McGregor stated decibel levels can be calculated when you have
specific information, some of which are outlined in his comments (posted on the Town website). As currently
designed, he stated it would be very difficult to comply with the noise ordinance.
Judy Fontius/Town resident was disappointed with the Stanley Hotel’s disregard to the Mountain Creek
neighbors. Her main concerns were quality of life and property values. She agreed with Mr. Dragovich’s
comments.
Charley Dickey/Town resident stated there should be a middle ground between the Mountain Creek
Townhomes Condominium Association and the Stanley Hotel. He questioned the parking space requirement,
thinking the number of spaces would not be adequate. He stated the fence barrier would not be effective, any
planned turnaround should be located closer to the hotel entrance, the crosswalk needed additional safety
features, and a sound study would be difficult without all the factors. He supported the lighting and
landscaping plans. Mr. Dickey disagreed with comments concerning property values, stating decreases were
related to the economy rather than the Stanley Hotel proximity. He was not opposed to the project, stating it
would offer a high-class venue.
Shana Foster/Town resident stated Mr. Cullen, owner of the Stanley Hotel, offered to meet with the neighbors
on very short notice, and few residents were able to meet. She stated 83% of the Mountain Creek Townhome
residents were opposed to the project.
Blake Robertson/Town resident lives across MacGregor Avenue, and stated noise travels well from the Stanley
Hotel property to his property. He suggested the Stanley Hotel apply for a noise variance for short-term
events. Planner Shirk commented the idea would need research to see if such a variance would be allowed.
Randy Ranhe/Town resident is opposed to this project due to concerns about noise. He supported a wedding
venue at the Stanley Hotel, but not this one. He questioned why it was being discussed if it was not in the
Master Plan.
Public Comment closed.
Roger Thorp/Project architect stated Stuart McGregor was a very capable engineer. He was also aware of a
firm in Boulder that completed noise studies world-wide. Mr. Thorp stated the design of the pavilion was
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
focused on what was going on inside the space and noise would not project outside the space. The deck in
front of the amphitheater would be covered, and there would be walls around the outside. He stated a
competent engineer could design to space to mitigate noise, believed this design would meet the code
requirements, and would appreciate the opportunity to provide that information. Member Lancaster
commented the noise study was requested in December, 2012. There was a misunderstanding between the
applicant and the committee about the timing of the requested noise study.
Alan Aspinall/Stanley Hotel Special Project Coordinator stated he and Planner Shirk reviewed the Technical
Review Committee requirements. The Committee was charged with approving the final building plans prior the
building permit application process. He stated the land use and events for the Stanley Hotel property would
remain the same, and the only change would be the additional venue. The conservation easement on the
property limits the options for a vehicle turnaround. He assured the Committee the Stanley Hotel would
comply with the noise ordinance. Mr. Aspinall commented noise at the Overlook Condominiums is enforced by
the Stanley Hotel’s security officer.
Chair Lancaster called for a five minute recess.
There was discussion between staff and the committee concerning fines for municipal code violations.
Attorney White stated Estes Park is a statutory town, and $300 per day is the maximum fine allowed. He stated
there were no other injunctive powers in the Town’s noise ordinance. Planner Shirk stated the Committee
could place conditions on the approval that would need to be met prior to the submittal of the final plan.
There was discussion concerning the history of the Stanley Historic District Master Plan. Attorney White
explained it was a plan, not a regulation. The Master Plan contemplated changes. The development of this
portion of the property was not part of the Master Plan discussions. Attorney White stated there was nothing
in the Master Plan that would specifically prohibit construction on the proposed site.
There was discussion concerning the net increase in the number of parking spaces that would be created to
accommodate the proposed pavilion. Mr. Aspinall stated the exact number was unknown at this time. He
estimated there would be a net increase of 50 to 55 additional spaces. The majority of guests at the proposed
pavilion would already be guests at the hotel, and have a parking space elsewhere on the property. Concerning
the once-proposed retaining wall, Mr. Aspinall clarified there would not be a physical retaining wall, but rather
an adjustment to the slope of the land. There was brief discussion about the revised drainage, and Mr. Thorp
stated the drainage report was revised to account for the revised plan. Planner Shirk added a small retaining
wall would be built on the northwest corner of the parking area, towards the pavilion and away from the
adjacent property owners.
Member Chilcott stated many improvements were made with the revised submittal; request to reduce
parking, address pedestrian circulation, and additional information submitted concerning the lighting. She
stated the noise impact was not sufficiently addressed. The noise and parking studies were not submitted.
Member McFarland stated a formal request for a parking analysis and noise study should be made. Member
Zurn stated the application has demonstrated sensitivity to the neighbors (parking, lighting, drainage) and was
much improved. He stated the proposed use complements the existing use, and would appreciate more
information concerning noise and parking. He liked the revisions, but is now more concerned about noise after
learning more about the potential uses of the facility. He would like to see more information to make sure the
project would not adversely impacting the neighborhood. Site and architecture run hand in hand, and the
results of the noise study could possibly change their plans. Member Lancaster was more comfortable with
RECORD OF PROCEEDINGS
Technical Review Committee, Stanley Hotel Pavilion
July 29, 2013 – 6:00 p.m.
Board Room, Estes Park Town Hall
parking than after the last meeting. The drainage plan was improved and more aesthetically pleasing. He
stated the lighting plan was positive, and the pedestrian access issue was addressed appropriately. Member
Lancaster suggested not installing the split rail fence. He stated the turnaround was too close to the adjacent
property owners, and said a turnaround was needed whether or not this facility is built. He was frustrated
knowing the best places for a turnaround would encroach into the surrounding conservation easement.
Member Lancaster was pleased with the architectural design. He was concerned about the lack of a noise
study for the pavilion area. He suggested including the ambient noise in the plan (Wonderview Avenue and
other nearby areas). He stated the hours of operation were not specifically discussed, and suggested limiting
the hours could be beneficial to the adjacent property owners where noise was concerned. Member Lancaster
stated the noise issue had not been adequately addressed. He would not be able to support the project
without the additional information requested.
Planner Shirk stated the Master Plan requires that “final plans shall consist of final development plans,
engineering, and site design drawings.”
Mr. Aspinall stated the noise study would not answer the question about neighborhood impact. That could
only be done once the structure was built. He was aware of the penalties for violating the noise ordinance. He
stated the project was too speculative and premature to come up with a plan for noise mitigation. He stated
the hours of operation would be discussed with staff and other operation personnel, with the bottom line
being compliance with the noise ordinance.
It was moved and seconded (Zurn/Chilcott) to continue the hearing until receipt of the requested
information from the December 12, 2012 hearing (see below), and the motion passed unanimously with one
absent. The applicant’s response to the requested information would determine the next meeting date.
Specific information requested by the committee on December 12, 2012, but not received prior to this
meeting:
1. Parking Lot
Provide parking analysis and operations plan.
Substantially remove the parking lot from the front of the building to remove guest spaces. Porte-cochere,
drop-off aisle, ADA spaces excepted.
Provide necessary parking for use of the building on existing lots on Lot 1 and/or propose additional
parking in different location, including on-street parking on private access road.
2. Noise
Establish hours of operation and submit noise study; and, if necessary, a mitigation plan.
The meeting was adjourned at 9:00 p.m.
____________________________________ ____________________________________
Frank Lancaster, Chair Karen Thompson, Recording Secretary
Setting Show Cause Hearing
Town Clerk’s Office Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2013
RE: Consent Items 6-9 - Resolutions #23 -13 through #26-13
Objective:
Schedule Show Cause Liquor Hearings for Big Horn Restaurant, Cables Pub & Grill,
Hunters Chop House, and Nicky’s Restaurant.
Present Situation:
The four liquor license establishments listed above failed a compliance check
conducted by the Estes Park Police Department and the Colorado Liquor Enforcement
Division on August 21, 2013. An employee of each of the establishments illegally sold
and served alcohol to an underage person and/or did not ask for identification and sold
and served the underage person alcohol.
Proposal:
Set Show Cause Liquor Hearing for each establishment for September 24, 2013. Once
the hearing is set an Order to Show Cause and Notice of Hearing will be issued to the
Licensee.
During the next two weeks the licensee will be given the opportunity to meet with staff to
discuss a stipulation agreement. A stipulation agreement allows the licensee to agree
to the violation as well as the number of days to be served and the number of days to
be held in abeyance. This agreement would be presented to the Town Board in lieu of
a Show Cause Hearing on September 24, 2013.
Advantages:
Demonstrates to other liquor licensees the Town Board (Local Liquor Authority)
takes liquor laws seriously by completing administrative action locally rather than
through the State.
The Town can take action in a timely manner to ensure licensees are completing
any violations in a reasonable timeframe.
Disadvantages:
Show Cause Hearing preparations and Stipulation meetings and negotiation require
significant staff time.
Setting Show Cause Hearing 2
Action Recommended:
Approve the Resolutions for each establishment setting the Show Cause Hearing date
of September 24, 2013.
Budget: None.
Level of Public Interest
The community supports keeping alcohol out of the hands of the youth.
Sample Motion:
I move to approve/deny Resolutions #23 -13 through #26-13 setting a Show Cause
Hearing for Big Horn Restaurant, Cables Pub & Grill, Hunters Chop House, and Nicky’s
Restaurant.
RESOLUTION NO. 23-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 21, 2013, charging HESS ENTERPRISES, INC., DBA HUNTERS CHOP HOUSE,
a HOTEL & RESTAURANT LIQUOR LICENSE, LIQUOR LICENSE NO. 42-65470-0000
with certain violations of the statutes of the State of Colorado and Rules and Regulations
of the Colorado Department of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 24, 2013, at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
HESS ENTERPRISES, INC.,
HUNTERS CHOP HOUSE
1690 BIG THOMPSON AVENUE
ESTES PARK, COLORADO 80517
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
RESOLUTION NO. 24-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 21, 2013, charging BIG HORN RESTAURANT, INC., DBA BIG HORN
RESTAURANT, a BEER & WINE LIQUOR LICENSE, LIQUOR LICENSE NO. 24-88186-
0000 with certain violations of the statutes of the State of Colorado and Rules and
Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 24, 2013, at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
BIG HORN RESTAURANT, INC.
D/B/A BIG HORN RESTAURANT
401 W. ELKHORN AVENUE
ESTES PARK, COLORADO 80517
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
RESOLUTION NO. 25-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 21, 2013, charging CABLES ESTES, LLC, DBA CABLES PUB & GRILL, a
HOTEL & RESTAURANT LIQUOR LICENSE, LIQUOR LICENSE NO. 4700777, with
certain violations of the statutes of the State of Colorado and Rules and Regulations of the
Colorado Department of Revenue, Liquor Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 24, 2013, at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
CABLES ESTES, LLC,
D/B/A CABLES PUB & GRILL
2133 45TH AVENUE
GREELEY, COLORADO 80634
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
RESOLUTION NO. 26-13
WHEREAS, a complaint by the Estes Park Police Department and the Colorado
Liquor Enforcement Division was presented to the Trustees of the Town of Estes Park on
August 21, 2013, charging NICKY’S RESTAURANT & LOUNGE LTD. DBA NICKY’S
RESTAURANT & LOUNGE, a HOTEL & RESTAURANT LIQUOR LICENSE, LIQUOR
LICENSE NO. 03-17032-0000 with certain violations of the statutes of the State of
Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor
Enforcement Division; and
WHEREAS, the Board of Trustees hereby determines that there is probable cause
that the aforementioned Licensee has violated one or more of the statutes and/or rules
and regulations governing the operations of the license as more fully set forth in the
complaint; and
WHEREAS, the Board finds it is necessary to hold a hearing and issue an Order to
Show Cause why the aforementioned license should not be suspended or revoked due to
the violation(s) presented to the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601,
C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why
the license should not be suspended or revoked. Said hearing shall take place at the
Town Board meeting scheduled Tuesday, September 24, 2013, at 7:00 p.m. in the Board
Room of the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado.
Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of
Hearing on the aforementioned complaint to be mailed to the following:
NICKY’S RESTAURANT & LOUNGE, LTD.
D/B/A NICKY’S RESTAURANT & LOUNGE
1350 FALL RIVER ROAD
P.O. BOX 1961
ESTES PARK, COLORADO 80517
INTRODUCED, READ AND PASSED THIS DAY OF ____________, 2013
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Stipulation Agreement - Café de Pho Thai Inc. dba Café de Pho Thai, 225 W. Riverside Drive, Tavern
Liquor License
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2013
RE: Stipulation Agreement - Café de Pho Thai Inc. dba Café de Pho Thai, 225
W. Riverside Drive, Tavern Liquor License
Objective:
To approve a Stipulation Agreement Café de Pho Thai Inc. dba Café de Pho Thai, 225
W. Riverside Drive, for the sale of alcohol to a minor during a compliance check on July
25, 2013.
Present Situation:
The Town Board approved Resolution 14-13 at their meeting on Tuesday, August 13,
2013 setting a Show Cause hearing for Café de Pho Thai Inc. dba Café de Pho Thai, on
Tuesday, September 10, 2013 for a violation of the Colorado Liquor Code Section 12-
47-901 (1) (a.5)(I) C.R.S, alleging the Licensee, through its employee, sold & served
alcohol to a person under the age of twenty-one. During the past month, staff has been
in discussions with the owner of the business. The owner, Dinesh Shakya has stated
no objections to the fact a violation occurred at his business and has been cooperative
in discussing a stipulation agreement.
The licensee was granted a liquor license in May 2011 and to date has not had a
violation of the liquor code. He has stated further training to his regular staff has
occurred, most notably the underage identification being vertical. He has also
purchased a board to post the legal age that is updated each day for the servers to
review during their shift.
Proposal:
On August 28, 2013, the licensee agreed to enter into a Stipulation Agreement.
Through the stipulation process, Café de Pho Thai has waived their rights to a Show
Cause hearing before the Board of Trustees in order to determine if a violation
occurred. Café de Pho Thai agrees the violations occurred and has agreed to a 21 day
suspension, with actual time served of 5 days of its Tavern Liquor License as a penalty
for the violation. The 16 days held in abeyance would be suspended on the condition
no further violation occurs during the one-year stipulation period commencing
September 10, 2013. The Stipulation Agreement is attached for the Board’s review. If
approved by the Board, the suspension would be served beginning September 15, 2013
through September 19, 2013.
Stipulation Agreement - Café de Pho Thai Inc. dba Café de Pho Thai, 225 W. Riverside Drive, Tavern
Liquor License 2
If the Board does not accept the Stipulation Agreement, the licensee has the option to
withdraw the Stipulation Agreement and hold the Show Cause hearing scheduled for
September 24, 2013 as stated in the Stipulation Agreement under Section 5.
Advantages:
The approval of the agreement reduces the cost to the Town of a Show Cause
hearing and the time in finding a violation occurred, as the licensee has agreed a
violation has occurred.
Those subpoenaed are not required to attend the meeting.
Disadvantages: None.
Action Recommended:
Approve the Stipulation Agreement with Stipulation Agreement - Café de Pho Thai Inc.
dba Café de Pho Thai for the underage sale and serving of alcohol during a compliance
check conducted on July 25, 2013.
Budget: None.
Level of Public Interest
High. The other liquor establishments are aware of the compliance checks and the
penalties being approved by the Town Board.
Sample Motion:
I move to approve/deny the Stipulation Agreement with Café de Pho Thai Inc. dba Café
de Pho Thai.
Stipulation Agreement – EP Resorts Inc. dba Marys Lake Lodge, 2625 Marys Lake Road, Tavern
Liquor License
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2013
RE: Stipulation Agreement – EP Resorts Inc. dba Marys Lake Lodge, 2625
Marys Lake Road, Tavern Liquor License
Objective:
To approve a Stipulation Agreement with EP Resorts Inc. dba Marys Lake Lodge, 2625
Marys Lake Road, for the sale of alcohol to a minor during a compliance check on July
25, 2013.
Present Situation:
The Town Board approved Resolution 15-13 at their meeting on Tuesday, August 13,
2013 setting a Show Cause hearing for EP Resorts Inc. dba Marys Lake Lodge, on
Tuesday, September 10, 2013 for a violation of the Colorado Liquor Code Section 12-
47-901 (1) (a.5)(I) C.R.S, alleging the Licensee, through its employee, sold & served
alcohol to a person under the age of twenty-one. During the past month, staff has been
in discussions with the owner of the business. The owner, Morgan Mulch has stated no
objections to the fact a violation occurred at his business and has been cooperative in
discussing a stipulation agreement.
The licensee was granted a liquor license in March 2013. He has stated to staff that the
bartender was hired because he was an experienced and mature bartender. The
bartender that served the underage operative was let go immediately upon receiving the
violation as Marys Lake Lodge has a zero tolerance. He has also purchased a date
clock for the bar that clearly states the legal age each day. Staff was also informed that
all staff serving and selling alcohol at the lodge is TIPS trained.
Proposal:
On August 28, 2013, the licensee agreed to enter into a Stipulation Agreement.
Through the stipulation process, Marys Lake Lodge has waived their rights to a Show
Cause hearing before the Board of Trustees in order to determine if a violation
occurred. Marys Lake Lodge agrees the violation occurred and has agreed to a 21 day
suspension, with actual time served of 5 days of its Tavern Liquor License as a penalty
for the violation. The 16 days held in abeyance would be suspended on the condition
no further violation occurs during the one-year stipulation period commencing
September 10, 2013. The Stipulation Agreement is attached for the Board’s review. If
approved by the Board, the suspension would be served in two parts due to scheduled
Stipulation Agreement – EP Resorts Inc. dba Marys Lake Lodge, 2625 Marys Lake Road, Tavern
Liquor License 2
weddings being held at the lodge: September 12, 2013 and September 15, 2013 –
September 18, 2013.
If the Board does not accept the Stipulation Agreement, the licensee has the option to
withdraw the Stipulation Agreement and hold the Show Cause hearing scheduled for
September 24, 2013 as stated in the Stipulation Agreement under Section 5.
Advantages:
The approval of the agreement reduces the cost to the Town of a Show Cause
hearing and the time in finding a violation occurred, as the licensee has agreed a
violation has occurred.
Those subpoenaed are not required to attend the meeting.
Disadvantages: None.
Action Recommended:
Approve the Stipulation Agreement with EP Resorts Inc. dba Marys Lake Lodge for the
underage sale and serving of alcohol during a compliance check conducted on July 25,
2013.
Budget: None.
Level of Public Interest
High. The other liquor establishments are aware of the compliance checks and the
penalties being approved by the Town Board.
Sample Motion:
I move to approve/deny the Stipulation Agreement with EP Resorts Inc. dba Marys Lake
Lodge.
Stipulation Agreement - Everest Kitchen LLC dba Famous Eastside Groceries, 381 S. St. Vrain
Avenue, 3.2% Beer Off Premises Liquor License
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2013
RE: Stipulation Agreement - Everest Kitchen LLC dba Famous Eastside
Groceries, 381 S. St. Vrain Avenue, 3.2% Beer Off Premises Liquor
License
Objective:
To approve a Stipulation Agreement with Everest Kitchen LLC dba Famous Eastside
Groceries, 381 S. St. Vrain Avenue, for the sale of alcohol to a minor during a
compliance check on July 25, 2013.
Present Situation:
The Town Board approved Resolution 16-13 at their meeting on Tuesday, August 13,
2013 setting a Show Cause hearing for Everest Kitchen LLC dba Famous Eastside
Groceries, on Tuesday, September 10, 2013 for a violation of the Colorado Liquor Code
Section 12-47-901 (1) (a.5)(I) C.R.S, alleging the Licensee, through its employee, sold
alcohol to a person under the age of twenty-one. During the past month, staff has been
in discussions with the owner of the business. The owner, Bipin Shrestha, has stated
no objections to the fact a violation occurred at his business and has been cooperative
in discussing a stipulation agreement.
The licensee was granted a liquor license in December 2012. He has stated to staff the
individual at the store during the compliance check was watching the store for him while
he ran errands. He has confirmed that he has reviewed the laws with his employees
and the need to check identification before selling alcohol. In addition, Mr. Bipin also
owns the Thai Kitchen next door and successfully passed the compliance check that
was conducted on August 21, 2013.
Proposal:
On August 28, 2013, the licensee agreed to enter into a Stipulation Agreement.
Through the stipulation process, Famous Eastside Groceries has waived their rights to
a Show Cause hearing before the Board of Trustees in order to determine if a violation
occurred. Famous Eastside Groceries agrees the violations occurred and has agreed
to a 21 day suspension, with actual time served of 5 days of its 3.2% Beer Off Premises
Liquor License as a penalty for the violation. The 16 days held in abeyance would be
suspended on the condition no further violation occurs during the one-year stipulation
period commencing September 10, 2013. The Stipulation Agreement is attached for the
Stipulation Agreement - Everest Kitchen LLC dba Famous Eastside Groceries, 381 S. St. Vrain
Avenue, 3.2% Beer Off Premises Liquor License 2
Board’s review. If approved by the Board, the suspension would be served beginning
September 15, 2013 through September 19, 2013.
If the Board does not accept the Stipulation Agreement, the licensee has the option to
withdraw the Stipulation Agreement and hold the Show Cause hearing scheduled for
September 24, 2013 as stated in the Stipulation Agreement under Section 5.
Advantages:
The approval of the agreement reduces the cost to the Town of a Show Cause
hearing and the time in finding a violation occurred, as the licensee has agreed a
violation has occurred.
Those subpoenaed are not required to attend the meeting.
Disadvantages: None.
Action Recommended:
Approve the Stipulation Agreement with Everest Kitchen LLC dba Famous Eastside
Groceries for the underage sale of alcohol during a compliance check conducted on
July 25, 2013.
Budget: None.
Level of Public Interest
High. The other liquor establishments are aware of the compliance checks and the
penalties being approved by the Town Board.
Sample Motion:
I move to approve/deny the Stipulation Agreement with Everest Kitchen LLC dba
Famous Eastside Groceries.
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
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2013
RE: 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.
Objective:
To approve a Stipulation Agreement with Rocky Mountain Pharmacy of E.P., Inc. dba
Rocky Mountain Pharmacy of E.P. for the sale of alcohol to a minor during a compliance
check on July 25, 2013.
Present Situation:
The Town Board approved Resolution 17-13 at their meeting on Tuesday, August 13,
2013 setting a Show Cause hearing for Rocky Mountain Pharmacy of E.P., Inc. dba
Rocky Mountain Pharmacy of E.P. on Tuesday, September 10, 2013 for a violation of
the Colorado Liquor Code Section 12-47-901 (1) (a.5)(I) C.R.S, alleging the Licensee,
through its employee, sold alcohol to a person under the age of twenty-one. During the
past month, staff has been in discussions with the owner of the business. The owner,
Greg Barton, has stated no objections to the fact a violation occurred at his business
and has been cooperative in discussing a stipulation agreement.
The licensee was granted a liquor license in 1994. The licensee has previous violations
for a sale to a minor which occurred June, 2001, April, 2006 and October 2009. The
administrative action for the most recent violation was handled by the State Liquor
Enforcement Division. See details of the previous violation attached to the Show Cause
Hearing Procedures.
The Pharmacy has a no tolerance policy and terminated the cashier upon knowledge of
the violation. In addition, the licensee has made contact with their cash register vendor
and has updated their system to require an age verification be added prior to the sell of
alcohol occurring.
Proposal:
On August 29, 2013, Greg Barton agreed to enter into a Stipulation Agreement.
Through the stipulation process, Rocky Mountain Pharmacy of E.P. has waived their
rights to a Show Cause hearing before the Board of Trustees in order to determine if a
violation occurred. Rocky Mountain Pharmacy of E.P. agrees the violations occurred
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 2
and has agreed to a 21 day suspension, with actual time served of 10 days of its Liquor
Licensed Drug Store Liquor License as a penalty for the violation. The 11 days held in
abeyance would be suspended on the condition no further violation occurs during the
one-year stipulation period commencing September 10, 2013. The Stipulation
Agreement is attached for the Board’s review. If approved by the Board, the
suspension would be served beginning September 15, 2013 through September 24,
2013.
If the Board does not accept the Stipulation Agreement, the licensee has the option to
withdraw the Stipulation Agreement and hold the Show Cause hearing scheduled for
September 24, 2013 as stated in the Stipulation Agreement under Section 5.
Advantages:
The approval of the agreement reduces the cost to the Town of a Show Cause
hearing and the time in finding a violation occurred, as the licensee has agreed a
violation has occurred.
Those subpoenaed are not required to attend the meeting.
Disadvantages: None.
Action Recommended:
Approve the Stipulation Agreement with Rocky Mountain Pharmacy of E.P., Inc. dba
Rocky Mountain Pharmacy of E.P. for the underage sale of alcohol during a compliance
check conducted on July 25, 2013.
Budget: None.
Level of Public Interest
High. The other liquor establishments are aware of the compliance checks and the
penalties being approved by the Town Board.
Sample Motion:
I move to approve/deny the Stipulation Agreement with Rocky Mountain Pharmacy of
E.P., Inc. dba Rocky Mountain Pharmacy of E.P.
Stipulation Agreement - Deer Ridge Inc. dba National Park Village South, 900 Moraine Avenue, 3.2%
Beer Off Premises Liquor License
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2013
RE: Stipulation Agreement - Deer Ridge Inc. dba National Park Village South,
900 Moraine Avenue, 3.2% Beer Off Premises Liquor License
Objective:
To approve a Stipulation Agreement with Deer Ridge Inc. dba National Park Village
South, 900 Moraine Avenue, for the sale of alcohol to a minor during a compliance
check on July 25, 2013.
Present Situation:
The Town Board approved Resolution 18-13 at their meeting on Tuesday, August 13,
2013 setting a Show Cause hearing for Deer Ridge Inc. dba National Park Village
South, on Tuesday, September 10, 2013 for a violation of the Colorado Liquor Code
Section 12-47-901 (1) (a.5)(I) C.R.S, alleging the Licensee, through its employee, sold
alcohol to a person under the age of twenty-one. During the past month, staff has been
in discussions with the owner of the business. The owner, Scott Webermeier, has
stated no objections to the fact a violation occurred at his business and has been
cooperative in discussing a stipulation agreement.
The licensee has had a liquor license inside Town limits since 1983. During this time
the Town’s files indicate two previous violations dating back to 1993 and 2001 for sale
of alcohol to an underage operative.
Proposal:
On August 28, 2013, the licensee agreed to enter into a Stipulation Agreement.
Through the stipulation process, National Park Village South has waived their rights to a
Show Cause hearing before the Board of Trustees in order to determine if a violation
occurred. National Park Village South agrees the violation occurred and has agreed to
a 21 day suspension, with actual time served of 5 days of its 3.2% Beer Off Premises
Liquor License as a penalty for the violation. The 16 days held in abeyance would be
suspended on the condition no further violation occurs during the one-year stipulation
period commencing September 10, 2013. The Stipulation Agreement is attached for the
Board’s review. If approved by the Board, the suspension would be served beginning
September 15, 2013 through September 19, 2013.
Stipulation Agreement - Deer Ridge Inc. dba National Park Village South, 900 Moraine Avenue, 3.2%
Beer Off Premises Liquor License 2
If the Board does not accept the Stipulation Agreement, the licensee has the option to
withdraw the Stipulation Agreement and hold the Show Cause hearing scheduled for
September 24, 2013 as stated in the Stipulation Agreement under Section 5.
Advantages:
The approval of the agreement reduces the cost to the Town of a Show Cause
hearing and the time in finding a violation occurred, as the licensee has agreed a
violation has occurred.
Those subpoenaed are not required to attend the meeting.
Disadvantages: None.
Action Recommended:
Approve the Stipulation Agreement with Deer Ridge Inc. dba National Park Village
South for the underage sale of alcohol during a compliance check conducted on July
25, 2013.
Budget: None.
Level of Public Interest
High. The other liquor establishments are aware of the compliance checks and the
penalties being approved by the Town Board.
Sample Motion:
I move to approve/deny the Stipulation Agreement with Deer Ridge Inc. dba National
Park Village South.
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson
Date: September 10, 2013
RE: Liquor Licensing: Transfer of Ownership from Taharaa Mountain Lodge,
Inc., dba TAHARAA MOUNTAIN LODGE, to Taharaa, LLC, dba
TAHARAA MOUNTAIN LODGE, 3110 S. St. Vrain Avenue, Tavern Liquor
License.
Objective:
Transfer an existing liquor license located at 3110 S. St. Vrain Avenue to the new
owners of the business, Joshua Tracy and Thomas Tracy, managing members of
Taharaa, LLC.
Present Situation:
A Tavern liquor license is currently held at the location referenced above by Taharaa
Mountain Lodge, Inc. The property has been sold and the new owners of the business,
applying as Taharaa, LLC, are requesting a transfer of the liquor license. The
application was submitted to the Town Clerk’s office on June 27, 2013, and a temporary
permit was issued on that date. The temporary permit authorizes the transferee to
continue the sale of alcohol beverages as permitted under the permanent license while
the application to transfer ownership of the license is pending.
The applicant, Taharaa, LLC, has submitted all necessary paperwork and fees. The
applicant is aware of the TIPS training requirement, however, to date, has not
completed the training.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to the new owners of the establishment.
Advantages:
The transfer of the license provides the new business owners with the opportunity to
continue operating an existing, liquor-licensed establishment.
Disadvantages:
The new owner is denied the opportunity to continue operating an existing liquor-
licensed business during the liquor licensing process.
Town Clerk’s Office Memo
Page 2
Action Recommended:
Approval to transfer the existing Tavern liquor license to Taharaa, LLC.
Budget:
The fee paid to the Town of Estes Park for a liquor license transfer is $1,319. The fee
covers administrative costs related to processing the application, background checks,
and business licensing. In addition, the renewal fee for a Tavern liquor license is $869
per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Tavern liquor license filed by
Taharaa, LLC, dba TAHARAA MOUNTAIN LODGE.
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application and confirm the following:
The application was filed June 27, 2013 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as a LLC .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
X Unscheduled Completed Pending Confirmation
MOTION:
I move the Transfer Application filed by Taharaa, LLC doing business as Taharaa
Mountain Lodge for a Tavern Liquor License be approved/denied.
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: September 10, 2013
RE: Multi-Purpose Event Center & Stall Barn Construction Update
Objective:
To update the Town Board and public on the progress of the MPEC and Stall Barn
project at the Stanley Fairgrounds.
Present Situation:
The following items are underway for the Stall Barn. Perimeter metal siding is complete
and plywood backer boards for the lower rock band areas have been completed. Roof
panel placement has begun with insulation, with main room roof panel placement just
beginning. Final roof panel placement should be near completion in a few weeks.
Flatwork has been placed in restroom areas and some exterior walk areas.
MPEC foundations are complete and backfilling of foundations is substantially complete.
Underground utility work and plumbing is wrapping up within the large event space. The
steel erector will begin sorting structural steel this week and steel placement will begin
within the week. Staff continues to review material submittals and is reviewing and
approving finishes and finish colors. Stone materials for the MPEC and Stall Barn were
selected to match the grandstands. Other items matching the grandstand will be the
stain of wood accents, all meeting the intent of the Stanley Park architectural standards.
The project continues to be on schedule and within budget.
Budget:
Community Reinvestment Fund $ 5,682,050.00
Level of Public Interest
This is a project that has a very high level of interest.
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: September 10, 2013
RE: Visitor Center Transit Facility Parking Structure Schematic Design
Approval
Objective:
Give direction to staff on the schematic and conceptual design of the Visitor Center
Transit Facility Parking Structure, which was created through an inclusive public
process September 4th, 5th and 6th.
Present Situation:
A conceptual schematic design was developed through a three-day process which was
largely open to the public, elected officials and appointed representatives. During these
three days, over 150 citizens participated in the development of the project
configuration, placement and aesthetics. In addition, agencies and technical staff with
jurisdictions that have approval authority over the proposed project were involved during
these three days. This schematic design was presented on Friday, September 6th for
comment and reflection. The Town Board Trustees, appointed representatives and
interested parties commented on the conceptual design and it was supported by
attending public and representatives.
Proposal:
Staff proposes to gather final comments regarding the schematic design concepts and
seeks direction and approval to move forward with final design of the project.
Advantages:
A very public process which generated a creative and a unique design to provide
additional parking for Transit and the Visitor Center that meets the grant obligations.
This approval can also move forward to official consideration and final approval/
disapproval from both the Planning Commission and the Town Board.
Disadvantages:
Disapproval of the preliminary design will delay the project and cost additional design
fees to revisit the concepts.
Action Recommended:
N/A
Budget:
N/A
Level of Public Interest
This project has a very high interest from the local, state and federal levels.
Sample Motion:
N/A
Local Marketing District Appointment
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2013
RE: Local Marketing District Board Appointment
Objective:
To appoint a new Board member to the Local Marketing District Board due to the
resignation of Kathy Palmeri.
Present Situation:
In August the Town received a resignation letter from Kathy Palmeri. The resignation
was received because Mrs. Palmeri would no longer be living within the boundary of the
district as stated in the 2008 IGA forming the district:
A. Residency. All appointees shall be residents of the Service Area of the
District for at least one year prior to the appointment and shall continue to be
residents of the Service Area during their entire term.
Mrs. Palmeri’s term was due to expire on December 31, 2013. The LMD Board
requested the Town consider appointing a replacement as soon as possible because
the LMD is beginning a strategic planning process.
Therefore, the Board position was posted in the local paper and the Town’s website.
Three applications were received and an interview team consisting of Trustee Norris,
Trustee Phipps and Town Administrator Lancaster conducted interviews on September
3, 2013.
Proposal:
The interview team recommends the appointment of Adam Shake to complete the term
of Kathy Palmeri through 2013 and a 4-year term beginning January 1, 2014.
Adam Shake moved to Estes Park in 2011 from Washington DC and has since made
himself a very active member of our community. He is the owner/operator of
Neanderthal Productions, which has volunteered social media services for many local
events; including the Estes Park Winter Fest, Estes Park Duck Race, Autumn Gold Fest
and the Estes Park Arts & Crafts Fair. He is a board member for Estes Valley Partners
for Commerce as well as being involved with the Larimer County Small Business
Show Cause Liquor Hearing for Safeway Stores 46 Inc., dba Safeway Store No. 920, 451 Wonderview
Avenue, 3.2% Beer Off Premises Liquor License 2
Development Center, Estes Valley Sunrise Rotary, Estes Park Economic Development
Task Force and History and Heroes. With a degree in Business Management and
several years working experience in media/marketing, he has a wide variety of skills to
bring to this position.
Advantages:
The position would be filled by Mr. Shake who represents a new segment of the
business community and brings with him a marketing background and social media
knowledge.
Disadvantages:
If the appointment is not made, the position would remain vacant until the position can
be re-advertised and interviews conducted.
Action Recommended:
Appoint Adam Shake to the Local Marketing District beginning September 11, 2013
completing Kathy Palmeri’s term and an additional 4-year term beginning January 1,
2014 – December 31, 2017.
Budget: None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Adam Shake to the Local Marketing District
beginning September 11, 2013 completing Kathy Palmeri’s term and an additional 4-
year term beginning January 1, 2014, expiring December 31, 2017
Community Service Grant Review Committee Appointment
Administration Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
From: Town Administrator Lancaster
Date: September 5, 2013
RE: Community Service Grant Review Committee Appointment
Objective:
To appoint a staff member to the Community Service Grant Review Committee with the
resignation of Assistant Town Administrator Richardson.
Present Situation:
At the August 13, 2013 meeting the Board approved the appointments of Trustee
Ericson, Trustee Koenig and Assistant Town Administrator Richardson to the Review
Committee. On September 4, 2013 the Town received a resignation from Assistant
Town Administrator Richardson effective September 11, 2013, therefore a replacement
on the committee is needed.
Proposal:
Town Clerk Williamson is being proposed as the replacement.
Advantages:
Town Clerk Williamson works closely with the Town Board and has past history with the
Community Service grants. The grant process was administered by the Town Clerk’s
office in the past and was recently transferred to Administration.
Disadvantages:
None.
Action Recommended:
Appoint Town Clerk Williamson to the Community Services Grant Review Committee.
Budget: None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Town Clerk Williamson to the Community
Services Grant Review Committee.