HomeMy WebLinkAboutMINUTES Town Board 1997-04-08Town of Estes Park,Larimer County,Colorado,.,l9.
Regular
Minutes of a meeting of the Board of Trustees of the Town of
Estee Park,Larimer County,Colorado.Meeting held in the Municipal Building in
$th April 97saidTownofEsteeParkonthedayof,A.D.,19.
at regular meeting hour.
Meeting called to order by Mayor .
..Rpbjr J.Dekier
Present:Mayor Robert L.Dekker Trustees:Susan L.Doylen,
Mayor ProTem
Jeff Barker,
John Baudek,
George J.Ilix,
Also Present:Gary F.lUaphake,William J.Marshall
Town Administrator J.Donald Pauley
Vickie O’Connor
Town Clerk
Absent:
Gregory A.White,
Town Attorney
Mayor Dekker called the meeting to order at 7:32 p.m.
PUBLIC COMMENT
There were was no public comment.
CONSENT CALENDAR:
1.Town Board Minutes dated March 25,1997.
2.Bifis.
3.Committee Minutes:
A.Board of Adjustment,April 1,1997 (acknowledgment only).
It was moved and seconded (Doylen[Pauley)the consent calendar be
approved,and it passed unanimously.
ACTION ITEMS:
1.Show Cause Liquor License Hearing:Philip J.&Christine Switzer,dba
EAST SIDE FOOD STORE,381 5.Saint Vram Ave.,3.2%Retail Beer
License,Off Premise.Administrator Kiaphake reviewed the procedure that
would be followed.Mayor Dekker opened the Show Cause Hearing,and Police
Chief Repola presented the case.Cpl.Pass distributed file documents (Exhibit A
-Applicable Information on Alleged Violations/Statutes Violated 12-46-
1 12(1)(b)tI)),and read the statute aloud which relates to the sale to a minor.
Chief Repola reviewed liquor investigations conducted in 1996,and reported
that licensees were reminded that such investigations would occur throughout
the year.In December,minors attempted to purchase from 15 licensees.On
December 20,1996,a male and female (both underage)were given marked
money to attempt to purchase 3.2%beer from East Side Food Store.David
Switzer (the clerk)asked for identffication from the 17-yr.old male,and Ms
date-of-birth was 2/26/79,confirming he was 17;David $witzer stifi sold beer to
the minor.David Switzer admitted he sold 3.2%beer to the young man and he
was issued a summons to County Court in Loveland.On February 20,1997,
David Switzer appeared in County Court and entered a guilty plea.Chief
Board of Trustees -April 8,1997 -Page 2
Repola confirmed that the minors did not appear to be significantly older than
17 years old,and copies of both photo id’s were distributed.During the
December 20th investigation,two other licensees were issued summons.
Administrator Klaphake noted that not all liquor violations warrant a show
cause hearing;hearings are generally based on the number of violations.In this
case,however,a guilty plea was entered in County Court.
Phil Switzer,owner and licensee of East Side Food Store,stated that he and his
employees never intentionally sell to minors.His employee,David Switzer,was
cited,he plead guilty and was fined in County Court.The establishment uses
the “We Card System”signage and training program for employees,and
unfortunately,a trained employee sold to a minor.In County Court,the County
DA recommended the case be dismissed as the store owner used due diligence
with training.The Judge dismissed charges against him (Phil $witzer).The
store has now implemented a daily sign-in sheet where patrons must add their
birth date for beer and cigarette sales.There being no further discussion,Mayor
Dekker closed the show cause hearing.Administrator Kiaphake stated the
Town Board must first find whether or not a violation occurred.Trustee
Baudek stated that the County Court plea was evidence that there was a
violation,thus,he moved that after investigation and pursuant to the Show
Cause Hearing,this licensing authority does hereby FIND that the Licensee has
violated Sectionl2-46-112 (1)(b)(I)of the Colorado Liquor and Beer Code.
Trustee Pauley seconded the motion,and it passed unanimously.
Chief Repola offered the following recommendation while Officer Swallow
distributed copies of East Side’s 1993 Show Cause Hearing.The 1993 “Findings
and Order”was read aloud (this violation was also for seffing to a minor).The
following Town Board options were noted:take no action,revocation (which,
pursuant to the State Liquor Enforcement Division provides that the current
licensee cannot reapply),suspend the license,or any other action the Board so
desires.With the previous violation history,staff is recommending a 90-day
suspension,with a warning that any future violation could result in revocation
of the license.
Mayor Dekker canvassed the Board and found support of suspension,thus it
was moved and seconded (Marshall/Pauley)the 3.2%Retail Beer License
for East Side Food Store,381 S.Saint Vram Ave.be suspended for 90
days,adding a stipulation that the license could be revoked,pending
further violations.Chief Repola reported that the licensee is not allowed to
pay a fine in lieu of suspension as the Beer Code prevents payment of a fine
when the suspension is in excess of 14 days.Chief Repola defined the
suspension period as 12:01 a.rn.on May 1,1997 until 11:59 p:m.on July 29,
1997.The motion passed unanimously.
2.Amended Plat of Lots 1 and 2,Lee &Alps Addition,and of the Amended
Plat of Lots 5A and 9,Prospect Village Subdivision,Lynn W.Kinnie and
Town of Estes Park/Applicant.It was moved and seconded (Doylen[Hix)
the Amended Plat be continued to April 22,1997,and it passed
unanimously.
3.Nytes Replat of a Portion of Lot 37,White Meadow View Place Addition,
Steve R.&Barbara J.Nytes/Aüplicant.It was moved and seconded
(Doylen/Hix)the Amended Plat be,continued to April 22,1997,and it
passed unanimously.V
Board of Trustees -April 8,1997-Page 3
4.Amended Plat of Lots 3 and 4,Stanley Views Subdivision,W.Brooks
Findley/Applicant.It was moved and seconded (Doylen/Hix)the Amended
Plat be continued to April22,1997,and it passed unanimously.
5.Amended Plat (Final)of the Thirteenth Fairway Subdivision,
Lhththouse Group/Applicant.Mayor Dekker openedthe public hearing,and
Sr.Planner Joseph reported that the Applicant desires to divide ten acres into
five blocks.The site is located on Brothe Ave.west of Community Church,and
the proposal includes new public street right-of-way.In a related action,the
Applicant is requesting the Town Board to vacate 13th Fairway Drive.On
February 11t,the Town Board approved Special Review #97-1 where the
Applicant was required to negotiate an agreement with the EVRPD relative to
golf course issues/problems;it is Planner Joseph’s understanding that an
agreement has been reached between both parties.The Planning Commission
recommended approval of the plat,and all of their conditions have been met.
The Improvement Guarantee and Attorney’s Certificate have been received,and
all neighborhood issues have been resolved.Applicant Representative Paul
Kochevar and the Developer were present,and Mr.Kochevar outlined the issues
as addressed in the EVRPD Agreement,adding that an “Awareness Clause”has
been added so that any potential purchasers cannot hold the Town/EVRPD
liable for errant golf balls.In addition,the Developer has made safety
improvements to the houses.A 2-rail split cedar fence is planned between
Mountain Fairways and this project,and it wifi run along the south property
line -plantings will be interspersed with the fencing materials.The Developer
and Mr.Kochevar were commended for negotiating the Agreement with the Rec.
Dist.EVRPD Exec.Dir.Gengler stated that the District did employ a golf
course architect that assisted in this process and in directionally moving the 13th
hole to the south.As there were no audience comments,Mayor Dekker closed
the public hearing.Town Clerk O’Connor read an Ordinance vacating a public
street known as 13t Fairway Drive from its intersection with Brodie Ave.to its
southern terminus where said street is located on the Amended Plat of
Thirteenth Fairway Subdivision,and it was moved and seconded
(ifix/Doylen)the Amended Plat (Final)of the Thirteenth Fairway
Subdivision,and Ordinance #7-9 7 be approved,and it passed unanimously.
Trustee Pauley questioned whether the standard 30-day effective date of the
Ordinance would cause a hardship on the Developer.Mr.Kochevar stated yes,
thus Ordinance #7-97 was amended by striking the 30-day enforcement period,
and adding the “emergency cause.”
6.Special Review #97-2 for Lots 1A and 5A,Amended Plat of Lots 1 and 2,
Lee &Alps Addition,and of the Amended Plat of Lots 5A and 9,Prospect
Village Subdivision,Lynn W.Kinnie/Applicant.It was moved and
seconded (Hix[Doyen)the Amended Plat be continued to April 22,1997,
and it passed unanimously.
7.Town Administrator Kiaphake requested and received (Doylen/Pauley)
unanimous approval to enter Executive Session to discuss 1)Personnel Issues,
and 2)Contract Negotiations.
Board of Trustees -April 8,1997-Page 4
Following completion of all Agenda items,May9r Dekker adjourned the meeting at
8:15 p.m.to Executive Session to discuss those,it’ms mentioned in #7 above.
Robert L.Dekker,Mayor
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Vickie O’Connor,Town Clerk