HomeMy WebLinkAboutMINUTES Town Board 1999-07-277Town of Estes Park,Larimer County,Colorado,July 27,1 999
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park,Larimer County,Colorado.Meeting held in the Municipal
Building in said Town of Estes Park on the 27th day of July,1999.
Meeting called to order by Mayor Robert L.Dekker.
Present:Robert L.Dekker,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
John Baudek
Stephen W.Gillette
George J.Hix
Lori Jeffrey
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Mayor Dekker called the meeting to order at 7:00 p.m.and he and Municipal Judge
Brown presented a Certificate of Appreciation to Maryella Pearson,Municipal Court
Clerk who,after 30 years,is retiring.
PUBLIC COMMENT:
Michelle Rokke,Rocky Mountain Animal Defense of Estes Park (RMAD)commented on
RMAD’s organized effort to keep roadside zoos out of Estes Park:an attorney has
prepared an ordinance that prohibits caged animals,with exemptions such as farming,
stables,etc.A petition with 300 signatures was submitted July 27th to put this ordinance
on the ballot for November.Signatures were gathered in 3 days,and proponents
received overwhelming support.The majority of citizens don’t want caged animals,and
RMAD found that people outside Town Limits also overwhelming support their efforts.
The Town Board is empowered to pass the ordinance,however,they can also refer it to
the electorate.Trustee Baudek questioned whether RMAD was also proposing the
ordinance for the Denver Zoo and Ocean Journey.Ms.Rokke responded that RMAD
has people working across the nation to get animals out of cages.Funding is limited.
The local proposal violates the spirit of Estes Park,tourism,etc.Trustee Gillette
commented that a citizen who had attended the recent RMAD meeting gave him
information that was distributed,and he requested Ms.Rokke respond to RMAD asking
citizens to avoid Estes Park until current plans are quashed.Ms.Rokke responded that
this request was discussed at the meeting,however,it was tabled for now,although it
may come into play at some point.Mayor Dekket questioned if Estes Park was being
singled out,or if the ordinance was being introduced to all municipalities across the
entire state.Ms.Rokke responded RMAD can only take on certain projects at one time;
Larimer County is interested in looking at the ordinance;and there is effort to get this
type of ordinance enacted elsewhere.Mayor Dekker also questioned how many people
are coming from out of state to accomplish their goal,and RMAD responded that their
membership contains in excess of 10 million;they are looking at “caged animals”as a
whole.
TOWN BOARD COMMENTS:
1.CONSENT CALENDAR:
1.Town Board Minutes dated July 13,1999.
2.Bills.
Board of Trustees —July 27,1999 -Page 2
3.Committee Minutes:
A.Community Development,July 22,1999.
4.Board of Adjustment,July 13,1999 (acknowledgment only).
5.Special Event Liquor Permits:
A.Longs Peak Scottish Highland Festival,Inc.,September 11 and 12,
1999 at Stanley Park Baseball Fields and Rodeo Grounds.
B.Estes Valley Sunrise Rotary Club,September 25 and 26,1999,
Bond Park.
It was moved and seconded (Hix/Jeffrey)the consent calendar be approved,and it
passed unanimously.
2.ACTION ITEMS:
1.Liquor Licensing:
A.Hospitality Specialists,Inc.,dba MOLLY B.RESTAURANT,
Change of Class Application —from Beer and Wine to Tavern,
200-212 Moraine Ave.Mayor Dekker opened the public hearing
and reviewed procedure.Randy Anderson and Susan Johnston
(owners)were present,and Mr.Anderson clarified his request to
enhance their operation by converting from a Beer and Wine
License to a Tavern License.Trustee Baudek noted that the as the
owners currently hold a liquor license,they are familiar with liquor
laws;however,he confirmed that the Police Dept.and Town Board
take the issuance of liquor licenses very seriously and they expect
owners and employees to adhere to the Liquor Code.As there
were no audience comments,Mayor Dekker closed the public
hearing.Stating that the Board of Trustees finds that the
reasonable requirements of the neighborhood are not met by the
present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are for the granting of this liquor license,it was
moved and seconded (Hix/Jeifrey)the Tavern Liquor License
be approved for Hospitality Specialists,Inc.,and it passed
unanimously.
B.Transfer of Ownership from LaVonna Kenney dba LA TI DA,to
Raymond Banks,dba DORIAN’S,Beer &Wine License,810
Moraine Ave.(Trout Haven).Clerk O’Connor reviewed the
application.Trustee Baudek advised the applicant’s representative
on the serious nature of liquor licensing.It was moved and
seconded (Doylen/Gillette)the Transfer of Ownership to
Raymond Banks,dba DORIAN’S be approved,and it passed
unanimously.
C.Stipulation Agreements,and Associated Findings and Order of
Suspension.Deputy Police Chief Filsinger reviewed a Memo
dated July 23rd Utilizing the Stipulation Guidelines dated January,
1998,he and Clerk O’Connor negotiated Stipulation Agreements
for a first offense:21-day suspension with 7 days served,14 days
held in abeyance,plus TIPS (Training Intervention Program for
Servers of Alcohol)Training.Second offense suspension is 30
days,with 10 days served,20 days held in abeyance,plus identical
TIPS Training.The requited TIPS training is an effort to educate
licensees,and the Town’s penalties are mote severe than State.
Board of Trustees —July 27,1999 -Page 3
Staff is recommending the Stipulation Agreements for B &B Food
Mart,Beaver Point Quick Stop Grocery,and Notchtop Bakery and
Café’be approved,as well the Revised Stipulation Guidelines
dated July,1 999.Trustee Doylen questioned why a 4th offense has
been added,and Deputy Chief Filsinger commented that the
suspension schedule corresponds to that of the State.Trustee
Baudek theoretically agreed with Trustee Doylen,but cautioned
that if the Town strays too far away from State guidelines,litigation
could occur.Attorney White noted his concerns with the severity of
the Town’s existing guidelines relative to the length of suspension
and economics of an establishment.Deputy Chief Filsinger
confirmed that licensees are dealt with on an individual basis,and
that repeat offenders are subject to more stringent penalties.
Trustee Jeffrey questioned why the TIPS training was required
within 90 days and not sooner.Staff commented that there is a
local TIPS trainer,however,training is held on-site,not in a group
class atmosphere.as her schedule allows.Attorney White added
that should a licensee prefer a formal show cause hearing in lieu of
a stipulation agreement,the licensee could file a court action that
could delay the suspension period to off-season;with a stipulation
agreement,the suspension period is actually served.Deputy Chief
Filsinger noted that the suspension period for the three above-
noted licensees begins August 25th In response to Trustee
Barker’s question,Town Attorney White confirmed that the Revised
Stipulation Guidelines are an attempt to close the gap between the
Town and State Liquor Division penalty guidelines.
It was moved and seconded (Doylen/Hix)the Stipulation
Agreement for B &B Food Mart (1st Offense),including the
Findings and Order of Suspension be approved,and it passed
unanimously.
It was moved and seconded (Hix/Gillette)the Stipulation
Agreement for Beaver Point Quick Stop Grocery f2nd Offense),
including the Findings and Order of Suspension be approved,
and it passed unanimously.
It was moved and seconded (BaudeklHix)the Stipulation
Agreement for Notchtop Bakery &Café (jst Offense),including
the Findings and Order of Suspension be approved,and it
passed unanimously.
It was moved and seconded (Baudek/Hix )the Revised
Stipulation Guidelines dated July,1999 be approved,and it
passed unanimously.
Trustee Baudek questioned,and Town Attorney White confirmed,
that the Town Board could mandate TIPS training for new
licensees.This requirement will be enforced with all
subsequent applications for new or transfer of ownership
liquor license applications.
2.Estes Park Substation:
A.Resolution #19-99 —Light &Power Director Matzke presented the
Resolution that amends Resolution #11-98 for the Estes Park
Substation Refinancing Project for Tax-Exempt Utility Revenue Bonds,
from the maximum principal amount of $3,000,000 to $4,000,000.
Town Administrator Widmer confirmed that the Town does not intend
to issue $4 Million in bonds,and that with adoption of the Resolution,
Board of Trustees —July 27,1999-Page 4
additional amendments could be avoided.Adoption of this Resolution
does not authorize issuance of the bonds at this time.Attorney White
read the Resolution,and it was moved and seconded (Hix/Gillette)
Resolution #19-99 be adopted,and it passed unanimously.
Director Matzke also presented the following and requested the Mayor
be authorized execute same:
B.Special Use Permit #9-LM-60-L-4650 for New Switchyard.It was
moved and seconded (Hix/Barker)the Mayor be authorized to
execute Special Use Permit #9-LM-60-L-4650,and it passed
unanimously
C.Special Use Permit #9-LM-60-L-4660 for Power and Fiber Optic
Lines.Director Matzke confirmed that the current overhead lines are
temporary until such time as the Hwy.36 Bridge Project is completed,
and the BOR yearly fee has been waived.It was moved and
seconded (Hix/Doylen)the Mayor be authorized to execute Special
Use Permit #9-LM-60-L-4660 as presented,and it passed
unanimously.
3.Larimer County Open Lands Video.Trustee Hix introduced Wendell
Amos,who,on behalf of Larimer County,presented the video.Citizens
have been gathering signatures to continue the %cent sales tax in
Larimer County for open lands.Over 13,000 signatures have been
obtained,and the requisite number is 8,600.Mr.Amos did not seek the
Town Board’s endorsement,but asked that each voter give thought to this
ballot question.The distribution formula,at Mr.Amos’urging,was
changed from population to sales tax revenues,thus ensuring Estes Park
would receive its fair share.Town Administrator Widmer confirmed that
the Town was able to purchase the “Willows Property”from its portion of
the %cent sales tax.
3.TOWN ADMINISTRATOR’S REPORT:
Housing Needs Study Questionnaire.Administrator Widmer briefed the
Trustees on a housing needs questionnaire that is being sponsored by the
Forward Estes Park Foundation,in cooperation with local public and
private agencies.The purpose is to update the 1990 Housing Needs
Study.Citizens were urged to complete the survey as it provides
important information that can be used for many different applications.As
an incentive,survey participants ate eligible for cash awards and gift
certificates.
Trustee comments:Jeffrey—praised the Traffic Officers for their commendable effort.,
and Baudek commended the Parks Dept.on the plantings.Jeffrey announced
“OurFest”,a Trustee-hosted family celebration August 17th at the Stanley Park Baseball
Field.The “Elktones”will provide music beginning at 6:30 p.m.and,at dusk,the movie
“ANTZ”will be presented.Additional information will soon be distributed on this
community celebration.
p.m.
Vickie O’Connor,Town Clerk
Following completion of all agenda items,Mayor Dekker adjourned the meeting at 8:11