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Home My WebLink AboutPACKET Town Board 2002-08-27Prepared 08/21/02 The Mission of the Town of Estes Park is to plan and provide reliable, high- value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 27,2002 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated August 13, 2002. 2. Bills. 3. Committee Minutes: A. Public Works, August 15, 2002: 1. 2002 Water Loop Project Bid Award: AISA, $378,936 and E-Z Excavation $184,010. 2. 2002 Asphalt Overlay Project Bid Award, Aggregate Industries, $191,705. B. Light and Power, August 22,2002: 1. Budgeted Vehicle Purchase, Altec Industries, $160,937. 4. Resolutions #20, 21, 22, 23-02 - Approving Temporary Use Permits for CBT Water with the Northern Colorado Water Conservancy District. 2. ACTION ITEMS: 1. LIQUOR LICENSE SHOW CAUSE HEARING: LAB PROPERTIES, INC., dba GASLIGHT PUB: A. Presentation of Stipulation and Agreement. Commander Filsinger. 1 Continued on reverse side B. Licensee Testimony. C. Motion to approve/amend/deny Stipulation and Agreement and issue "Findings and Order". 2 ORDINANCES 12-02 & 13-02 - POLICE DEPARTMENT SURCHARGE. Police Chief Richardson/Town Attorney White. 3. TERM LIMITS - SUBMITTING QUESTION TO THE VOTERS: Town Attorney White & Clerk O'Connor. A. Resolution 19-02 - Official ballot question language and IGA with Larimer County for Election Services. 4 HIGHWAY CORRIDOR DESIGN STANDARDS - REVIEW OF TOWN BOARD STUDY SESSION MINUTES OF JUNE 12. 2001. Town Administrator Widmer. 5. TOWN ADMINISTRATOR'S REPORT. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. ak 2 Town of Estes Park, Larimer County, Colorado, August 13, 2002 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 13th day of August, 2002. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Habecker noted that at a Town Board Study Session in June, 2001, changes to the zoning ordinance were discussed, particularly the "entrance overlay district" (design for hwy. corridors). However, in his opinion, the direction given to staff and the Planning Commission was inaccurate; he believes staff was not to proceed with these new entrance regulations, and that as a result, the Planning Commission may be working in error. Mayor Baudek requested the Town Board and staff review the minutes in question and review them for discussion at the next meeting. Mayor Baudek announced that the Town is hosting a "Thank You Celebration" September 28th for firefighters/emergency personnel for their efforts during the Big Elk Fire at the Dannels Fire Station - all citizens are invited to attend. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated July 23,2002. 2. Bills. 3. Committee Minutes: A. Public Safety, July 24,2002: Police Dept. Board of Trustees - August 13, 2002 - Page 2 1. Resolution #17-02 - L.E.T.A. Telephone Exchange Access Facility Charge & Wireless Communications Access Charge, effective 1/1/03. 2. ' Police Department Surcharge Fee. Fire Dept. 1. 2002 Fire Rescue Truck Purchase, $277,567. B. Community Development, August 1, 2002: Community Development Ddpt.: 1. Waiver of Building Permit Fees for Non-Profits & Public Projects. 4. Estes Park Housing Authority, June 12, 2002 (acknowledgment only). 5. Estes Valley Board of Adjustment, July 2, 2002 & August 6, 2002 (acknowledgement only). 6. Estes Valley Planning Commission, July 16, 2002 (acknowledgement only). 7. Firemen's Pension Board, July 30,2002 (acknowledgement only). 8. Resolution #18-02 - Scheduling a Show Cause Liquor Hearing for LAB Properties, Inc., dba OLD GASLIGHT PUB, Hotel & Restaurant Liquor License on August 27,2002. 9. Annexation - Taharaa Mountain Lodge Addition. Applicant is requesting continuation of public hearing for annexation and rezoning to September 10, 2002. Trustee Habecker requested Item 3.B.1. Waiver of Building Permit Fees be removed from the Consent Agenda. It was moved and seconded (Doylen/Gillette) that with the exception of Item 3.B.1. the consent agenda be approved, and it passed unanimously. Item 3.B.1. Building Permit Fees. Community Development Director Joseph explained the unwritten policy of waiving building permit.fees from time to Â·time based on specific merits of a project. An example is the Sanitation District's expansion, where currently, in-house staff time would be waived. If the review is out-sourced, that fee would be incurred by agency developing the project. The new policy proposes that in-house expenses for federal, state, county, local, special districts would be waived. Additionally, the Department would assess established fees as for private developers, but nonprofits would be allowed to present a formal waiver request through staff to the Community Development Committee on a specific project. The Community Development Committee would consider and make a determination based upon merit. Trustee Habecker noted his concern with the Town incurring considerable cost for publicly funded projects. Discussion followed, and it was moved and seconded (Doylen/Gillette) the waiver of building permit fees for non-profits and public projects be approved as defined in the Community Development minutes dated 8/1/02, and it passed unanimously. lA. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek will open a Public Hearing(s) if the Town Board, Applicant(s), Staff or the Public wishes to speak on a particular item. The Public Hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony /. Board of Trustees - August 13, 2002 - Page 3 D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1. (A) SPECIAL REVIEW #02-03, (B) REZONING FROM E-1 Estate to RM Multi-Family, and (C) TIME EXTENSION to Section 3.3E. Shepherd of the Mountains Lutheran Church, Lot 2, Good Samaritan Subdivision, Shepherd of the Mountains Lutheran Church/Applicants. As there was no testimony, it was moved and seconded (Gillette/Newsom) Special Review #02-03 and Time Extension for Shepherd of the Mountains Lutheran Church be approved, and it passed unanimously. 2. ACTION ITEMS: 1. PETITION - REMOVAL OF TERM LIMITS ON THE BOARD OF TRUSTEES. Trustee Barker abstained from any discussion on this item as he is officially "term-limited". Cheri Pettyjohn, 513 Grand Estates Dr. gave an overview on the history of the voter-approved term limit regulation as contained in the Colorado Constitution, and reported on a citizen's group meeting where it was reported that that the law allows voters to make this decision for their municipality. Thus, it was decided to circulate informal petitions, and, if support was gained, the petitions be presented to the Town Board. Petitions containing 231 signatures were presented to the Board. In her opinion, based on continuity, and that if a person is willing to serve, should be able to do if voted for by the people. The Petition requests (1) removal of term limits for the Board of Trustees and (2) that the ballot question be placed on the November 5, 2002 General Election Ballot. There were no comments from the audience. Trustee Newsom noted that there is a common misconception of a "good old boys network", and that this proposal merely allows a person to run - successful election would still require a vote by the people. Trustee Doylen dommented that the Town's predecessors and current Board members have served the community well-- Trustees had a willingness and passion to serve; if the voters can identify that that person is passionate and has the Town's best interest at heart, this person could run for office. Mayor Baudek added that term limits takes rights away from voters, and he supports the proposal. Concluding discussion, it was moved and seconded (Newsom/Jeffrey-Clark) staff be directed to prepare the ballot question language for consideration and approval by the Town Board August 27,2002. The motion passed, with Trustee Barker Abstaining. 2. PUBLIC HEARING: ORDINANCE #11-02 - ESTES VALLEY DEVELOPMENT CODE BLOCK 3 AMENDMENTS. Trustee Habecker declared a "conflict of interest" with Item #2 Gross Floor Area Definition, and requested this item be removed, and discussed separately. Mayor Baudek opened the Public Hearing, and Community Development Director Joseph presented the Staff Report: the Code revisions address and correct errors and omissions that have surfaced after the first two years of working with the Code. The Estes Valley Planning Commission held a public hearing 7/16/02, reviewed the proposed substantive changes, and voted unanimously to recommend conditional approval to the Town Board and Larimer County Commissioners. Following is a summary: Item 1: Floor Area Ratio & Lot Coverage: Table 4-5 Density & Dimensional Standards, Nonresidential Zoning District. Item 3: Bed and Breakfast: Use Classifications/specific use definitions & examples. Board of Trustees - August 13,2002 - Page 4 Item 4: Open Space Subdivisions: Development & Design Standards. Item 5: Changes to Table 4-2 & Table 4-5: Base Density & Dimensional Standards, Residential Zoning Districts. Nonresidential Zoning Districts. Item 6: Condominium Process: Appendix B.11. Subdivision Submittal Requirements. Item 7: Road Design & Construction Standards: Appendix D. Road Design & Construction Stahdards. Trustee*Habecker noted his concern with the Floor Area Ratio (FAR) and Lot Coverage pertaining to the 25% FAR for commercial projects (need flexibility), and affect on internal storage, potential impact on parking space, lot coverage, and retail space calculations. In summary, Director Joseph stated that if approved, unless there is a change from one retail use to another that would require staff to ensure the original FAR is not convertdd to an other use that does trigger more parking on site, there is no additional staff timd. Audience comments were heard from Matt Heiser, 1054 Lexington Lane, ArchitecUEngineer (discrepancy between A and Al in what is allowed; road setbacks, 25% FAR). There were no additional audience comments, and Town Attorney White read Ordinance #11-02, exclusive of the Gross Floor Area Definition. It was moved and seconded (Newsom/Barker) Ordinance #11-02, with the exception of the Gross Floor Area Definition, be approved, and it passed unanimously.J Gross Floor Area Definition. Trustee Habecker vacated the room. Community Development Director Joseph stated that this definition is utilized to control visible bulk of buildings in developments. The logic for exemption for portions of building buried below the ground is because this . 4.' portion does not add to the outward appearance of bulk in project-it is unseen. Although FAR has-been in existence for some time, and the exemption has been applied to commercial buildings, it has proven difficult to administer in a consistent manner. Thus, staff prepared this amendment -that is much .more narrowly focused, and the Planning Commission has recdmmended approval. Trustee Doylen expressed her concern with this item, particularly as it relates to "walk-out basements". Trustee Barker added that in his opinion, the Board of Adjustment voted to clear-up existing language, not to make the language more restrictive. Due to a lack of consensus among the Trustees, Mayor Baudek closed the public hearing. It was moved and seconded (Doylen/Barker) the Gross Floor Area Definition(Item 2) be tabled until such time as staff can redefine the issue of basements, particularly walk-out basements, and how such basements are affected by the Floor Area Ratio,'and it passed, with Truhtee Habecker Abstaining. Trustee Habecker resumed his position on the Board of Trustees. 3. TOWN BOARD GOALS: 2002-2004 ACTION PLANS. Town Administrator Widmer introduced this item for the Town's Goals 2002-2004, not necessarily numbered by priority, and Team Leaders presented their individual Action Plans: â€¢ Goal 1 - Expedite EPURA's Walkway Westward Project, Town Administrator Widmer, Team Leader. Board of Trustees - August 13, 2002 - Page 5 â€¢ Goal 2 - Allow Elected Officials to serve more than two consecutive terms in office if the Estes Park voters choose to re-elect him or her, Town Clerk O'Connor, Team Leader. â€¢ Goal 3 - To build support and break ground for an ice rink and community events center by May 2004 at Stanley Park, Special Events Director Hinze, Team Leader. â€¢ Goal 4 - Re-engineer the Trustee outreach Program, Museum/Senior Center Services Director Kilsdonk, Team Leader. â€¢ Goal 5 - Evaluate the Stanley Park Master Plan, Assistant Town Administrator Repola, Team Leader. â€¢ Goal 6 - Implement Cardboard Recycling, Public Works Director Linnane, Team Leader. â€¢ Goal 7 - Investigate the Feasibility of Creating a Fire District, Fire Chief Dorman, Team Leader. â€¢ Goal 8 - Develop a long-term Transportation Plan, Public Works Director Linnane & EPURA Director Smith, Team Leaders. â€¢ Goal 9 - Determine the feasibility of building a Performing Arts Center, Town Administrator Widmer, Team Leader. Trustee Barker requested Goal #2 be removed and voted upon separately. It was moved and seconded (Doylen/Gillette) the 2002-2004 Action Plans, with the exception of Goal #2 be approved, and it passed unanimously. It was moved and seconded (Doylen/Newsom) Goal #2 be approved, and it passed with Trustee Barker Abstaining. 4. LIQUOR LICENSING: TRANSFER OF OWNERSHIP: FROM DONONNIE'S. INC., TO 2LT, INC. dba MAMA ROSE'S RESTAURANT. HOTEL & RESTAURANT LIQUOR LICENSE, 338 E. ELKHORN AVE. Town Clerk O'Connor presented the application, confirming that required T.I.P.S. Training is not yet scheduled. Trustee Barker noted that the Owners must adhere to the State Liquor Code, particularly as it pertains to the sale/serving of minors. It was moved and seconded (Doylen/Gillette) the Transfer of Ownership to 2LT, Inc., dba MAMA ROSE'S RESTAURANT, for a Hotel & Restaurant Liquor License be approved, and it passed unanimously. 5. CBT PURCHASE WATER CONTRACTS. Town Attorney White stated that the Town has been attempting to acquire additional units of CBT water to increase the Town's raw water portfolio. The Town's water rates include fees for the acquisition of raw water, and he presented four contracts for the purchase of approximately 102 units of CBT Water for a purchase price of $11,000/unit. Staff has confirmed that sales of CBT units in the past month range between $10,500/unit to $13,500/unit, and it is staffs opinion that the $11,000 purchase price is a market value offer. The purchase of additional CBT units at this time will enhance the Town's ability to continue to provide adequate raw water supplies for the Town's system. The Town may sell any excess CBT units at any time. It was moved and seconded (Newsom/Gillette) the purchase of 102 units of CBT Water for the total purchase price of $1,122,000 be approved, and that the Mayor be authorized to execute an additional contract for 100 units under the same terms and conditions if the contract is submitted within the next 10 days, and it passed unanimously. 6. TOWN ADMINISTRATOR'S REPORT. A. Sales Tax Report. Statistics for June indicate a 2.23% increase from June 2001, however, the year-to-date total is 1.20% lower than 2001. Projections have been calculated and most likely revenues could be $100- 200,000 lower than those in 2001. Board of Trustees - August 13, 2002 - Page 6 B. 2002 Budget Cut List. A suggested list of 2002 Budget cuts, totaling $360,0Q0, was distributed. Cuts have been spread throughout the General Fund as evenly as possible, including Legislative. Each item was reviewed, and staff confirmed there are no proposed cuts in salary or personnel at this time. Following discussion, consensus was reached to support the 2002 budget cut list as presented. Town Administrator Widmer noted that various maintenance items could be reinstated if revenues increase. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 9:35 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk . RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, August 15, 2002 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 15th day of August 2002. Committee: Chairman Barker, Trustees Doylen and Gillette Attending: Chairman Barker and Trustee Gillette Also Attending: Town Administrator Widmer, Public Works Director Linnane, Town Attorney White, Construction Manager Sievers, Deputy Clerk van Deutekom Absent: Trustee Doylen Chairman Barker called the meeting to order at 8:00 a.m. FALL RIVER TRAIL - REQUEST TO RELOCATE TRAIL EASEMENT. Director Linnane reported that Phase I of the Fall River Trail from Performance Park west to the Bypass includes a section of the trail that will extend along an existing trail easement adjacent to Fall River and within the Willows Condominium property. The Willows owners are requesting the Town relocate the trail from the existing easement adjacent to their property onto Colorado Dept. of Transportation right-of-way. Relocation of the trail will require a pedestrian bridge to be built beside the existing state highway bridge since pedestrian traffic cannot safely cross the highway bridge. The additional cost for the trail relocation is estimated at $45,000 ($50,000 bridge cost minus $5,000 additional costs to place the bridge within the existing trail easement). Director Linnane presented copies of the Town-approved development plans (original and amended) detailing the existence and dimensions of the recreational trail easement and explained that the site development plans were approved prior to the 50' river setback requirement currently in place. Audience comments were heard from the following condo owners: Tom Morroni/300 Far View Dr. #17, Ron and Clarice Schacher/300 Far View Dr. #15, and Howard Johnson/300 Far View Dr. #14. Items discussed include safety, privacy, river access, security, landscaping/vegetation removal, and legal issues. Responding to a letter received from Attorney John Phipps, representative of The Willows Condominium Association, Attorney White explained that the dedication statement located on the recorded plat included a reference to the utility easements, but did not include a reference to the recreational trail easement; however, the recreational trail easement was clearly shown on the recorded amended plat. He outlined the differences between "statutory" and "common law" dedications and, in his opinion, the recreational trail easement on the amended plat is a common law dedication and the Town has every legal right to place the trail within the existing trail easement. Attorney White reviewed recorded condo map documents presented by the condo owners. He explained that the documents they received were not official Town documents and noted that whoever prepared the documents failed to include the trail easement. The property owners agreed to a possible cost sharing of the additional costs (to be determined). The Committee requested that Attorney White and Attorney Phipps meet to determine if a cost sharing compromise can be reached and return to the Committee with a recommendation. RECORD OF PROCEEDINGS , Public Works Committee - Au~ust 15, 2002 - Page 2 WATER DEPT. 2002 LOOP PROJECT - REQUEST TO AWARD BID. The project includes 3 items, and the following low bids were reviewed: PROJECT CONTRACTOR BID Country Club Drive AISA Civil (Broomfield, CO) $119,240 Wonderview Avenue E-Z Excavating (Erie, CO) 184,010 Big Horn Drive AISA Civil (Broomfield, CO) 259,696 Weather permitting, construction will begin in September and be completed by October. The total cost is $562,946 and the b'udgeted amount is $550,000. The Committee recommends awarding the bid to AISA Civil (Country Club Drive and Big Horn Drive) and E-Z Excavating (Wonderview Avenue) for a total of $562,946, with the $12,946 deficiency funded from the postponed Marys Lake Raw Water Pump Project. STREET DEPT. 2002 ASPHALT OVERLAY PROJECT - REQUEST TO AWARD BID. Mgr. Sievers reviewdd the overlay portion of the Street Improvement Program and presented the following bids: LaFarge $227,449.75 Coulson Excavation $21.1,500 Aggregate Industries $191,705 The 2002 budget contains $300,000 for the Program. Previously approved expenditures to date total $81,129.57 and staff is requesting the balance of $227,076.50 be approved for the Aggregate Industries bid in the amount of $191,705, with the balance of $25,423.63 expended for the rebuilding of E. Riverside Dr. The Committee recommends awarding the overlay project in the amount of $191,705 to Aggregate Industries, authorizing staff to expend the balance of $25,423.63 as requested and defined above. CARDBOARD RECYCLING - REQUEST TO PROCEED WITH PILOT PROJECT. Director Linnane reported that last year's Estes Park High School National Honor Society's cardb6ard recycling project indicated that there is a high demand for this type of recycling. Due td the popularity of this program, the Town Board established the implementation of a cardboard recycling program as one of its goals. A committee was formed to research and implement the program and a recommendation was made to attempt a "pilot project" during the fall of 2002. The existing Recycling Center, at the Transfer Station was selected as the pilot project location. The trial period is October-December, 2002, includes a cardboard roll-off at the Transfer Station, and be free of charge. Note: cardboard recycling is not a revenue generator; The hauling and miscellaneous costs are estimated at $3,000/mo. and revenues are estimated at less than $1,000/mo. Waste Management will donate roll-offs and associated man-hours, and Larimer County will donate the costs associated with hauling the material to Ft. Collins. Actual costs/revenues, citizen use, and efficiency of the Transfer Station area operations, will determine if the project is successful and be extended into 2003. and beyond. If RECORD OF PROCEEDINGS Public Works Committee - August 15, 2002 - Page 3 determined to be successful, purchase/lease of an automated compaction roll-off may be required. Rick Hurt, Manager/A-1 Services addressed collection and transportation issues, and requested and received flexibility to manage the operation. The Committee recommends proceeding with the Cardboard Recycling Pilot Project and outlined above. REPORTS. None. Mgr. Sievers introduced Seth Smith/Seasonal Engineering Technician. His duties include: GPS/GIS mapping of roadways and utilities, and general computer mapping for Public Works. There being no further business, Chairman Barker adjourned the meeting at 9:40 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, August 22,2002 Minutes of a Regular meeting of the LIGHT AND POWER COMMITTEE of the Town of Estes Park, Larimer County, Cdlorado. Meeting held in the Municipal Building in said Town of Estes Park on the 22nd day of August 2002. Committee: Chairman Jeffrey-Clark, Trustees Habecker and Newsom Attending: Chairman Jeffrey-Clark and Trustee Habecker Also Attending: Town Administrator Widmer, Light & Power Director Matzke, Assistant to the Director Mangelsen, Fleet Manager Mahany, and Deputy Clerk van Deutekom Absent: Trustee Newsom Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. LIGHT & POWER VEHICLE REPLACEMENT - REQUEST TO AWARD BID. Fleet Manager Mahany reported that the Dept. has requested the replacement of a 1991 International 4x4 Bucket Truck with a new 4x4 Bucket Truck for use in the Line Dept. This trade-in vehicle is 11 years old, has 78,989 miles, 9,114 hours, and is within the parameters of the vehicle replacement policy. The following bids were received: Altec Industries $171,937.00 2003 International 4x4 w/43' Altec Aerial Bucket - $ 11,000.00 Less trade-in (1991 International 4x4 w/Aerial) $160,937.00 Bid Price Teague Equipment $168,383.00 2003 International 4*4 w/42' Telelect Aerial Bucket -$ 11,000.00 Less Trade-in (1991 International 4x4 w/Aerial, 93331) $157,383.00 Bid Price (Height specifications not met) Versalift $173,429.00 2003 International 4x4 w/50' Versalift Aerial Bucket -$ 11,000.00 Less Trade-in (1991 International 4x4 w/Aerial 93331) $162,429.00 Bid Price (Height specifications not met) The 2002 budget includes $140,000 to replace this vehicle. Director Matzke noted that the increased vehicle cost is attributed to higher EPA emission standards and steel costs. He explained that the $20,937 balance can be funded from funds not used in the Meter Van purchase and capital projects. The Committee recommends approval of the bid from Altec Industries to purchase a new International 4x4 Truck with a Altec 43' Aerial Bucket for a cost of $160,937.00 to be funded as outlined above. LONG RANGE UNDERGROUND PRIORITY LIST - REPORT. Director Matzke presented the Long Range Underground Priority List arranged according to input following the July meeting and preliminary cost estimates. The total estimated cost of Distribution, Street Light Feeds, and Small Projects is $1,689,000 (the projects identified for 2003 total $202,000 and 2004 total $235,000). These projects could be incorporated into the Dept. budget over a 10-year period without a detrimental impact on Dept. funding. The Committee recommends that the Long Range Underground Priority List be adopted as a tool for planning and budgeting future underground projects. RECORD OF PROCEEDINGS Light & Power Committee - August 22,2002 - Page 2 REPORTS. Platte River Power Authority (PRPA). The next PRPA board meeting is scheduled August 2gth in Estes Park. The board will discuss options for replacing John Wittemeyer/PRPA General Council who retired in June, long-term energy supply issoes, and the Windy Gap Firming Project. Financial Report. The Committee reviewed the July graphs and income statements. Project Updates: (1) Fall River Hydro Project - notice for the final grant payment was received from the Colorado State Historical Society. The grant totaled $341,281. The Committee commended Assistant Director Mangelsen for his dedication to the project. (2) Bond Park lighting demonstration - the new poles are currently in the warehouse and modifications are underway on 2 of the mounts furnished by vendors. A total of 8 lights will be on display in the Park and public input will be accepted through September. (3) Marys Lake Substation - the outage on August 16~h was caused by a chipmunk that entered the high voltage switchgear. Damaged insulators will be replaced today. (4) Hwy. 7 Rebuild - the project is progressing well, staff anticipates completion by mid-September. (5) Performance Park - approximately 600' of overhead lines behind West Park Center will be buried in conjunction with EPURA's pavilion project. (6) Riverside Dr. underground extension - a power pole and overhead lines will be removed in conjunction with the Riverside Drive street paving project. Conduit will be installed along side Riverside Dr. to accommodate this underground extension. / There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 8:41 a.nl. Rebecca van Deutekom, CMC, Deputy Town Clerk TOWN BOARD MEETING August 27,2002 4. Consent Agenda: Resolution(s) #20-02 Approving Temporary Use Permit(s) for CBT Water with the Northern Colorado Water Conservancy District. Attorney White will deliver the Resolution(s) Tuesday evening during the meeting. Town Clerk's Office Memo TO: Honorable Mayor Baudek Board of Trustees From: Town Clerk O'Connor .7.0 Date: August 19, 2002 Re: LAB PROPERTIES, INC., dba Gaslight Pub - LIQUOR VIOLATION Background On August 19, 2002, Commander Filsinger and I met with Larry Beal, President of LAB Properties, Inc., owner of the Gaslight Pub, and his attorney Dwight Brummet. We explained the allegations made by the Police Department that set forth the need for a Show Cause Hearing (case documents attached). As authorized by the Town Board, we also explained the Stipulation and Agreement. Pursuant to the complexity of this case regarding an "absentee owner", tenant/lease, eviction, and the like, I briefed Town Attorney White. Based on the allegations, staff presented a Stipulation and Agreement for a 21-day suspension associated with 12-47-901 sale to an underage person, AND an additional 5-day suspension associated with 12-47-411 failure to register a manager, for a TOTAL CONSECUTIVE SUSPENSION OF 26 DAYS of its Hotel & Restaurant Liquor License. Staff is recommending the 26 days be served, with time held in abeyance. The Stipulation and Agreement does not include the automatic T.I.P.S. Training for the licensee due to a pending Transfer of Ownership Application. Action As authorized by the Town Board, staff is recommending a 26-day suspension from 12:01 a.m. Thursday, August 2gth through 11:59 p.m. Monday, September 23rd BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: LAB Properties, Inc. dba OLD GASLIGHT PUB 246 Moraine Ave. P. O. Box 3032 Estes Park, CO 80517 Liquor License #02-52787-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and LAB Properties, Inc., dba OLD GASLIGHT PUB, 246 Moraine Ave., P. O. Box 3032, Estes Park, CO 80517, Liquor License #02-52787-0000, ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named Rarties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to cdnfront witnesses presented by the '&.*[' Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to: a 21-day suspension associated with 12-47-901 Sale to an underage person (1) (a), and a 5-day suspension associated with 12-47- 411 Manager Registration for a total consecutive suspension of 26 days of its Hotel & Restaurant Liquor License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's Hotel & Restaurant Liquor License to take place as follows: From 12:01 a.m. Thursday, August 29, 2002 through 11:59 p.m. Monday, September 23,2002. (b) The Licensee and Licensee's permanent employees (as determined by the Licensee) are required to attend certified T. I.P.S. Training (Training for the Intervention Procedures by Servers of Alcohol) within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified I. I. P.S. Training shall train their remaining employees within 12 months from the date of the Finding and Order of Suspension. This paragraph (b) is not binding should the liquor license be successfully transferred within this 90-day period. (c) No further Violations shall occur within the one-year stipulation period. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's Hotel & Restaurant License for any violation 6f the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its 'admissionsto the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the licensee. DATED this (~ ~ day of ~06â‚¬,51-- ,2002. LAB PROPERTIES, INC. Title i TOWN OF ESTES PARK Â£0 -31~- Estes 0~@A Police Depart'B#Fit OFF-.j O Â· 8Â»ao Town Clerk ESTES PARK POLICE DEPARTMENT REPORT NUMBER: 02-1639 ESTES PARK, COLORADO Place of Occurrence: GAS LIGHT PUB, 246 MORAINE AVE., Estes Park, CO 80517 (970) 586-0994 Report Status: CHARGES FILED Date(s)/Time(s) 071202 Date Assigned: 071202 Of Occurrence: 2100 Time Assigned: 2100 - Date/Time 071202 Time Arrived: 2137 Reported: 2100 Time Completed: 2300 Total Time: 120 MIN Booked at DC?: NO Juvenile Named?: NO Evidence/Property Seized?: YES Incident Name: VIOLATIONS/PENALTIES ALCOHOL Counts: 2 Synopsis: Based on complaints of sales of alcoholic beverages to underage persons at the Gas Light Pub, I was directed to coordinate a liquor sting with patrol. Sgt. ROSE and Sgt. PASS were to conduct this operation with my assistance. The bartender did serve beer (alcoholic beverages) to two undercover operatives, both under the age of twenty-one years. Summonses were issued to responsible parties. Case CLOSED with CHARGES FILED on 071202. Business Involved Business Involvement Cddes: Business Victim - BV Business Other - BO 1. BO Busn Name GAS LIGHT PUB Wk Add: 246 MORAINE AVE., Estes Park, CO 80517 Ph: (970) 586-0994 Persons Involvement ' Person Involvement Codes: Subject: SB Suspect: S Criminal Summons: CS Complainant: C Victim: V Witness: W CF: Criminal/Case Filing BK: Booked 1. CS Nam/ LEONARD, TIMOTHY J. DOB: 032565 SSN: UNKNOWN Race/Sex: W/M Eth: N Hgt/Wgt: 5'-8"/200 Hair/Eyes: BRO/BRO Hm Add: 2625 MARY'S LAKE RD., Estes Park, CO 80517 Ph: (970) 586-0994 Wk Add: 246 MORAINE AVE., Estes Park, CO 80517 Ph: (970) 586-0994 CF: BK: 2. CS Nam/ ESTER, KYLE ADAM DOB: 091479 SSN: 523-55-0884 Race/Sex: W/M Eth: N Hgt/Wgt: 5'-8"/155 Hair/Eyes: BRO/HAZ Hm Add: 1070 GRIFFITH COURT, Estes Park, CO 80517 Ph: (970) 586-8500 Wk Add: 246 MORAINE AVE., Estes Park, CO 80517 Ph: (970) 586-0994 CF: BK: Det. J. D. KENNEY/ 5047 DATE Page 1 of 4 ESTES PARK POLICE DEPARTMENT REPORT NUMBER: 02-1639 ESTES PARK, COLORADO W Nam/ SHEPHERD, DANIEL C. DOB: 072882 SSN: 524-75-8441 Race/Sex: W/M Eth: N Hgt/Wgt: 6'-2"/200 Hair/Eyes: BRO/GRN Hm Add: 5708 W. 27~H ST., Greeley, CO 80634 Ph: (970) 371-6941 Wk Add: EPPD, 170 MacGREGOR AVE., Estes Park, CO 80517 Ph: (970) 586-4000 CF: BK: 4. W Nam/ SAWYER, RACHEL DOB: 010883 SSN: 521-45-7319 Race/Sex: W/F Eth: N HgUWgt: 5'-3"/115 Hair/Eyes: BLN/GRN Hm Add: 14758 W. ELLSWORTH AVE., Golden, CO 80401 Ph: (303) 278-0151 Wk Add: EPPD, 170 MacGREGOR AVE., Estes Park, CO 80517 Ph: (970) 586-4000 CF: BK: 5. W Nam/ WISCHROPP, ADAM DOB: 050381 SSN: 451-81-0566 Race/Sex: W/M Eth: N Hgt/Wgt: 5'-11"/175 Hair/Eyes: BRO/BLU Hm Add: 407 W. ELKHORN AVE., P.O. BOX 372, Estes Park CO 80517 Ph: (970) 586-7528 Wk Add: EVPRD, Estes Park, CO 80517 Ph: (970) 586-8170 CF: BK: Property.Involvement - Property Type Codes: Stolen - ST Damaged - DA Seized - SE Recovered - RE Type Quantity Value Description SE 2 $5.00 12 OZ. Bottles of Coors Light Beer SE 1 $5.00 $5.00 Bill used in illegal sales transaction port Outline ase Assignment Operation Preparation Work Sale of Alcohol Evidence Collection Voluntary Written Statements Summonses Issued Case Status Case Assianment Operations Commander van DEUTEKOM advised that he had received information in the form of complaints that underage persons were being served alcoholic beverages at the GAS LIGHT PUB. A liquor sting was directed targeting the GAS LIGHT PUB for these violations. I was to coordinate the planning of the operation utilizing the patrol sergeants for the operation. The sergeants were to utilize underage CSO's employed by the Estes Park Police Department. Sgt. ERIC V. ROSE set the date of the operation for 071202 after 2100 hours. Being the senior ranking officer assigned to this operation, he arranged for two CSO's of the EPPD as undercover operatives. I was directed to assist the sergeants in this operation. Operation Preparation Work On 071202 at approximately 2100 hours, the UC's were digitally photographed and copies of the Colorado Driver's Licenses were made. The buy money was photocopied. A briefing was conducted on the operation t. J. D. KENNEY/ 5047 DATE Page 2 of 4 ESTES PARK POLICE DEPARTMENT REPORT NUMBER: 02-1639 ESTES PARK, COLORADO before commencement. Both Sgt. ERIC V. ROSE and Sgt. COREY PASS did not assist with or were available for this operation. Sale of Alcohol On 071202 at approximately 2137 hours, the UC's were dropped off in the area of the GAS LIGHT PUB. One of the UC's was given a small radio to contact me if and after the illegal transaction was completed. I did receive a radio transmission from the UC, CSO DANIEL SHEPHERD, telling me that the transaction had occurred and was completed. I then proceeded into the GAS LIGHT PUB. As I walked into the bar, I observed that the front door was wide open and that patrons were congregating in the patio area on the premise. I observed that there was no door person monitoring ID's at the door. I proceeded to walk around the bar and,located the UC's, CSO DANIEL SHEPHERD and CSO RACHEL SAWYER seated at a table with two bottles of Coors Light beer in their possession. They were seated together, next to each other, at this table for four (4) with their backs against the wall. I did observe a white male confronting them, telling them to give him back the beers. I identified myself to this male, who was identified as ADAM WISCHROPP. He stated that he was the doorman and was monitoring ID's. He stated that some confusion existed between him and the bartender, identified as KYLE ESTER. ADAM WISCHROPP identified KYLE ESTER as the bartender who served the UC's. I told him that the bottles of beer were now evidence. KYLE ESTER appeared and identified himself as the person who served the UC's the beer. I obtained identification from both in the form of Colorado Driver's Licenses. ADAM WISCHCROPP stated that he did not serve the UC's the alcohol and that he was trying to get the beers back from them upon my arrival. This was corroborated by both UC's on this operation. He stated that he marked the hands of the underage persons with an "X" to indicate underage to the bartenders. He stated that the bartender, KYLE ESTER, served them the beer. He stated that he noticed the UC's drinking, so he told KYLE ESTER, and KYLE ESTER told him to give them their money back and to take back the beers. I did observe a $5 bill on the table that UC CSO DANIEL SHEPHERD told me was the bill he paid with for the beers. I asked for Officer' BRIAN ENCKE to respond to the GAS LIGHT PUB, as I wanted every customer in the premise identified for age requirements. Officer BRI ENCKE did respond for that purpose. I did ask for proof of age from four subjects in the bar. One of the subje was not of age, but did not have an alcoholic beverage in her possession. I did observe a beer directly behind her on a table, which she stated was not hers. Evidence Collection The $5 bill was seized and compared to the photocopy of the buy money $5 bill. The serial numbers matched. This note was seized as evidence. I did seize both bottles of Coors Light as evidence. The evidence was processed and logged into the evidence room. Voluntary Written Statements ADAM WISCHCROPP and KYLE ESTER agreed to complete voluntary written statements as to their observations and actions pursuant to this case. Some time later, KYLE ESTER stated that he would complete his voluntary written statement later. I obtained his incomplete voluntary writteA statement. Summonses Issued KYLE ESTER was issued a summons #2959 for unlawful sale of a malt beverage to DANIEL SHEPHERD and RACHEL SAWYER being under/less than 21 years of age. TIMOTHY LEONARD approached and identified himself to me as the licensee and owner of the GAS LIGHT PUB. He was told that he would also be issued a summons, as the licensee of the premise and manager on duty. He stated that he understood. Officer BRIAN ENCKE issued him summons # 2981 on 071302. On 071502 I contacted the Assistant Town Clerk, REBECCA Det. J. D. KENNEY/ 5047 DATE Page 3 of 4 ESTES PARK POLICE DEPARTMENT REPORT NUMBER: 02-1639 ESTES PARK, COLORADO n DEUTEKOM to verify the licensee information. I was told that TIMOTHY LEONARD was not the owner and iicensee of the GAS LIGHT PUB. The licensee was identified as LARRY BEAL of LAB PROPERTIES, INC., and I was told that he lived out of state. I contacted TIMOTHY LEONARD by telephone and asked him if he identified himself as the licensee and owner of the GAS LIGHT PUB. He responded that he did identify himself that way, but in fact, he was only managing the establishment for LARRY BEAL. He stated that he does n6t know LARRY BEAL'S telephone number or address. He stated that LARRY BEAL would be calling him soon. I left word to have LARRY BEAL contact me reference this case. TIMOTHY LEONARD will be charged for the same offense as manager. Case Status This case is CLOSED with CHARGES FILED. This case is CLOSED 071202. END OF REPORT t. J. D. KENNEY/ 5047 DATE Page 4 of 4 ---------------------------------------------------------------------2----- -u-G) FYI ----- UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT THE PEOPLE OF THE STATE OF COLORADO, County of Larimer, TOWN OF ESTES PARK VS. REPORT NO. OP-- 1631 No. C 2959 Defendant Jeast Name) Traffic k<,(Fts!) (Middle) Date of Birth: Mo/Day/Yr Violation Mo/Day/Year ~ ~~ip Codo:~0~N0~0770CQL E Eltr It A olurn D9/479 2 2 Defendant'>Am G, i ft;% Ct cr545 . f rk State ' Approx. Time of Violati CO '60 51-1 3/37 Driver's Lic*se Number & Type State Sex Race 1 -Wt. Wt Hair ,E;yes Home Tele~Q*Nor.1.0.1.0 0 Direction of Travel 9.5 - 09 o - 5080 CO A W k.64?f ./54? 6,0 #42- (Â¢:t ) 2,2Â£ 1P -N ec 'W'f Employer~Ns Li ght R.-UP'02 Aftiss ArÂ« Ait OC;Flj- d ' f, 0, (FÂ·*S.%*3 099;0, YTesab~ Acitk I Z~ 'nIQ Vehicle License Number State Vehicle Year Make Body Type tolor Registered owker / Address --- Approximatespiation of Violation, State of Colorado, Larimer County in the,~-OWN OF ESTES PARK 4+ 7 /le Gr U 941 Ab '146 rY 1 orÂ·41,10 41/g, YOU ARE SUMMONED AND ORD<RED TO APPEAR TO ANSWER CHARGES AS STATED BELOW IN Eut. 2-VA MONTH YEAR LARIMER COUNTY JUSTICE CENTER. 201 LAPORTE AVE.. CATRM, lA, FT. COLLINS, CO ON 20 0 1 AT 2/30 A.pht- CRS 42-4-1301(1)(a) Â·.Â·Â· - . Â· . : r.:. 800,.. , Â· CRS 42-4-1101 (1) cc_021 :CRS 42-4-1409(31 ., , ..~,LI ,:, . 957-0/' M: .1- Driving Underthe Influence J Â·Â· 2 5. 2. --2; . 1.,0/ F Speedino in Zone / . tÂ·P'-tÂ·â€¢Â·Â·/ .Â·1 No Proot of insurance i.-4...1 ..7- 6;*ChÂ·Â£*t)~'-2. ' : ,4pL- 0 SUMMONS Â· Â· 120 4 Fine $ Surcharge: / Â»& SUMMONS CRS 42-4-1301(2)(a) ,/815 CRS 42-4-204(1) - ...1.- 3,04 r.. 611 - .: .. Â·~ CRS 42-4-1409(2) / 956 Driving With Excessive Alcohol Content ~ Failed td Display Lamps as Require% : ...'P.Â·Â· i -- :,# .' Operated an Uninsured Motor Vehic~ SUMMONS BRAC/BAL 12 Pts. "Fine $16<JU.- :Lt.1 .AD~Surchar~ 2 Pts. SUMMONS 4 Pts. CRS 42-4-1301(1)(b) ~, . 801 I - CRS 42-4-206(1) ~ 615 ,-CRS 42-4-1409(1) .. :7; 94 / .Â· . ' Â·...Â· .. 954 ~[;112&~(~f:~e Ability 'IT.5:00' . - .1..F ~.Â·Â·-Â· : 8 p2Â·f, = - - Vehicle Not Equipped.*frail Lamps as Required Owner Operated an'Uninsuged'Motor Vehicle -. 1 . 4 - ~> Fine $ ~ Surcharge: 0 Fts. SUMMONS . '/C 4 Pts. CRS 42-2-138(1)(/ DUS 076 D CRS 42-4-gp06'1 -6 :-: N ~ . . Â· 613 ./4.~ - CRS 42-4-1007(1)(y/ 223 Driving Under Bditraint DUR 077 0 Vehiclepd[ Equipped W/Headlamps (2) as Required Â· U.Â·Â· ~ . : Failed to Drive i0ngle Lane SUMMON&/0 DUO 078 [3 Firleâ€¢r'*Â· 't t..'2:~ Surcharge: 0 Pts. Â· ' Fine S Surcharae 3 Pts. CRS>61-801 Domestic Violence ..: 96191MONS Charce CAS 11- 07-901(4449) At-ll ph55) FIN9'. No. ~~~R~E _~POIN-rs COM CODE ~-lte,r A\ CLA lawfully Â«/C q malt- devc.râ‚¬jâ‚¬. +0 Do.Kic) Ske,fkoirj 68 ne) V ankr / 455 +Ad Al YUL-,5 of c~t Charge CRS CLS FINE SURCHARGE POINTS COM CODE ~ No. ObUMMONS ( ) Traffic Infraction D~ ) Offense U PENAL y ASSESSMENT C ) Traffic tr~action C i Offense ~ ~VITHOUT ADMITTING GUILT, 1 HEREBY PROMISE TO UPON PAYMvfFOF THIS PENALTY ASSEs>tg,VT WITHIN 20 DAYS, I ACKNOWL,9dGE GUILT OF ALL CHARGES,ESNTAINE APPEAR IN COURT AND/OR PAY FINES AS SWIdwN: HEREONAfTD UNDERSTAND THAT TGP5INTS INDICATED ABOVE WILL 8Â§0SESSED AGAINST MY DRIV~PS LICENSE. DEFENDANT~ ~~ I 7 DER,~DANTÂ·. - < 07ICE: SEE INSTRUCTION~61 REVERSE SIDE THE UNDERSIGNED HAS PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED THE OFFENSE(S) AGAINST THE PEACE AND DIGNITY OF PEOPLE OF THE STATE OF COLORAF-ND AFFIRMS TIM A COyf OF THIS SUMMONS & COMPLAINT WAS DULY SERVED UPON THE DEFENDANT. OFFICFAL:;1'4040 (7. 11'41'4; Nn Â§047pRI~T LAST NAMF *61/43( DATED THIS iltfOA OF --}1 4 po OJ 6/' 7 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST Affiant, the above named peace officer, being duly sworn upon oath, says that there is probable cause for the warrantless arrest of the above named defendant, for the crime(s) stated above, and that the following facts are true and correct upon best knowledge, information, and belief. The facts establishing probable cause for arrest are that at the approximate date and time listed above in the County of Larimer, State of Colorado, at the location shown, the following activity occurred: Peace Officer - Affiant: Subscribed and sworn to before me this - day of Notary PllhticÂ· Commission Expires:- PROBABLE CAUSE DETERMINATION BY THE COURT J The Court finds probable cause for a warrantless arrest. El The Court finds no probable cause for a warrantless arrest. Judge: n.to Â·Â·tnd Time: ESTES PARK POLICE DEPARTMENT THIS IS A LEGAL DOCUMENT- READ BOTH SIDES! Distribution: White - COURT, Blue - DEFENDANT, Green - MVD TRANSCRIPT, Goldenrod - DISPID.A. 1/2000 UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT loun~E~ L~An~r, THOEWSNT~TFEESTECSOPARK DO' vs. REPORT NO. 02 - )039 No. C 3039 ' Defendant (Last Narpe) ~ (Firsq , ('54,) Date of Birth: Mo/Dau#Yr 4b Traffic U Penal 0. Violation Mo/Day/Year Lunard 1:mhth# 1.4 O-2 23-6 5 0-11 401 A feadant's Address . p.0. Bo& ~ State -Zip Code Co No, Approx. Time of Violation 2615 m"Ys La N. Anan tes lirk ea WDS-,7 0137 06 Driver's License Number & iype State Sex Race I Ht Wt Uaw Eyes Home Telephone No. Direction of Travel 92 -/33-9349 CO rn w \502 900 Prb &0 8 76,626 -099 4 *--r-rÂ·,r Em*yer Name Employer Addre@s Oc patien Business Teleohone Traflic Accident Injuries Involved G,4 04 At <6 944 /710,4 Ae. AUG EN-~ ArK.Co 931/7 574 591 -0994 Yes El No O Yes 0 No E Vehicle License dumber State Vehicle Year Make Body Type Color 'Registered Owner / Address .-- .-I ----- .-I -I Approximate Location of Violationhtate of Colorado, Larimer County in the TOWNOF ESTES PARK Gall L;44+ AA 344 /71orâ€¢;ac /916, YOU ARE SUMMONED AND ORDERED TO APPEAR TO ANSWER CHARGES AS STATED BELOW IN #f~Z 92.1,4 YEAR LARIMER COUNTY JUSTICE CENTER, 201 LAPORTE AVE., CRTRM, 1 A, FT. COLLINS, CO ON 200>- Â¢ ; 30 , CRS 42-4-1301(1)(a) . .. -. t800 2 CRS 42-4-1101 (1) â€¢CC CRS 42+1409(3) 957 - Driving Underthe Influence 4.,8Â·. -.O .2,si/.Â· - ~Â·rÂ·Â·Â· . Speedina in Zone - No Proof of Insurance : . : Â· . Â·Â·Â· - f:: . /~'0~~ * ", Â· SUMMONS . 1. a ..40 7 K. -/ '4 - 12 Pts. Fine S Surcharge: Pts SUMMONS .--~Â·Â· Â·. .3. -' - --7/' . 4 Pts CRS 42-4-1301(2*a) 815 CRS 42-4-204(1) Â· /2 ~ : 611 CRS 42-4-1409(2) 956 Driving With Excessive Alcohol Cg,â€¢fent Failed to Display Lamps as Requirel .2-i" '4 7- 4 - Â·".:.Â·'8 .Â·. Operated an Uninsured Mo~hicle SUMMONS BRAC/BAL / 12 pts. Ane$ 4%%0~:~z,4<44,45?'Surcharg~ '4Â· 4:~ts'i'Â·~ 2 Pts.â€¢' - SUMMONS 4 Pts. 4~Jâ‚¬4,â‚¬V.,$:EA , , CRS 42-4-1301(1)(b) ,/ 2 CRS 42-4-206* / 615 CRS 42-4-1409(1) / 954 Driving While Ability l,Wred t: . Â·Â·'Â·,?Y~;i.i-Â·.:- f â‚¬ ' Vehicle Not Equipped W/q,Lamps as Required Own*r Operated a>kdhinsured Motor Vehicle . SUMMONS 1 U// 1 / 8 Pts. Fine S 0ircharge 0 Pts. SUMMONS r/ 4 Pts. CRS 42-2-13%,ffa) DUS 076 El ~ CRS 42-4-205(1)~ ... ../.-613 7 2-, ' CAS 42-4-1909(1)(a) 223 Driving Und/FRestraint DUR 077 0 Vehicle Not EgpiA>ed W/Headamps (22) as Required e ; M Failed to,pfive in Single Lane SUMMQMB DUD 078 m Fine S ' / Sorcharqe: - 0 Pts. ~ Fine $ Surcharge: 3 Pts. (018-6-801 Domestic Violence i. L SOMMONS COM CODE ~arge ~CRS;3-1~7490/(f)Â® 133. St///Se,vt L;lue).1; Unkay. #,Se. =5.Q=222TE_POINTS Gai Light kh; 1-.te..sta to rel, Li,uc, a.+ re.hil; O un lawfully -st#/st.Ve mall- j iquer 10 Da.id 566/4.4 66,9 /df +AN 0/ pents Rf ade, Charge I CRS 4 FINE SURCHARGE POINTS COM CODE No. ~UMMONS ( ) Traffic Infraction ( X) Offense U\ PENALTY AgESSMENT 1 7 Traffic infraction C 9 0,~ense .0 '1THOUT ADMITTING GUILT, 1 HEREBY PROMISE TO UPON PAYMENPdFTHIS PENALTY ASSESSMENT WITHIN 20 Dy~ ACKNOWLEDGE GUILT OF AL!,02~RGES CONTAJM(b APPEAR IN COURTAND/OR PAY PIES AS SHOWN: HEREO~pdUNDERSTAND THAT THE POINTS INDICATEDMOVE WILL BE ASSESSED AGAINS-[~Â¢[Y DRIVERS LICySE. DEFENDANT 05,P'ENDANT x-72 AS? , li 00)(t)TICE: SEE INSTRUCTIONS ON REVERSE SID/ / THE UNDERSIGNED HAS PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED THE OFFENSECS) AGAINST THE PEACE AND DIGNITY OF PEOPLE OF THE STATE OF COLORADO *~AFFIRMS THAT A COPY OF THIS SUMMONS & COMPLAINT WAS DULY SERVED UPON THE DEFENDANT. 'St OFFICFR ~51.---- NO.<370 PRINT LAST NAME Â£Â«be DATED THIS -24 DAY OF pool. AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST A~hgnt, the above named peace officer, being duly sworn upon oath, says that there is probable cause for the warrantless arrest of the above named defendqptrfor the crimNQ) stated above, and that the following facts are true and correct upon best knowledge, information, and belief. The facts establishing probable â‚¬,615& for arrest are thaf't4he approximate date and time listed above in the County of Larimer, State of Colwado, at the location shown, the following activity3Spwrfed: \ \ I.q \ i // \ \ \/\ \ \ i \ \ \lf \ Peace'hificer - Affiant: Subscri and sworn to before me this - day of ~ 1 // hqtary puhtirÂ· ~ Commission Expires: PROBABLE CAUSE DETERMINATIby BY THE COURT ~ The Court find cause for a warrantless arrest. U The Court finclb,Qo probable cause for a warrantless arrest. 11'An.Â· / naâ€¢<and TimeÂ· 4 - ESTES PARK POLICE DEPARTMEN~ ~S ISA LEGAL DOCUMENT-READ BOTH SIDES! Distrdlution: White -COURT, Blue -DEFENDANT, Green - MVD TRANSCRIPT, Gotknrod - DISP/D.A. 00 PY ESTES PARK POLICE DEPARTMENT U PROPERTY/EVIDENCE FORM REPORT NUMBER Retention Review (Evidence Tech use only) (E?-839 J Felony 3 yrs D No SupecUCharges 1 yr Il BIN NUMBER Misdem 18 mo O Found Property 90 days m Petty Off 6 mo O Safekeeping 60 days O - ~ CBI REQUEST Date Sent: DUI Tubes 1 yr O Traffic Offense 90 days O Offense/Classification: Date: 1-7 /J 1/ 9 UNLAJEOLACTS W/ALCckll Owner m Finder m Victim O Suspect,~~ DOB: Notified:EN Address: Phone: H 5<6.---:DEL,LD KÂ¥16- ADATA ENTER C.,5 11:,I)79 Ic-> GO 621FFiTÂ¢' 1 CI,8-(â‚¬9 1449-E~ Cd) W336-0994Â· Owner O Finder O Victim O Suspect Cl DOB: Notified: Y N 9\ddress: ' Phone: H W Owner Â¤ Finder O Victim 0 Suspect O DOB: Notified: Y N Address: Phone: H W Owner O Finder O Victim O Suspect O DOB: Notified: Y N Address: Phone: H W RECORD TYPE CODE: E-EVIDENCE R-RECOVERED P-FOUND PROPERTY D-DESTRUCTION S-SAFEKEEPING F-FILM Item Record Qty. Item Description Serial Hatchery EPÂ·Evidence Properly Room Found Property Sorgge Codes. FH-F511 NO. Type No. Storage Value . * A.29 3 / 41.- 1 140 -'#,2 p 4JiNLÂ¢ 9 of- U cÂ·Â·14$1~ 7/1./ 1Â£ lA 1. E- _ ..'11â‚¬Ut. f,â‚¬â‚¬61747 065) 12(14*~rt,IK. r.7/,01,1.2 I . i 2 E 1 \03 02 . â‚¬m-19 00- c J.:AS 4,j GRE 7 7 k -1 L 1 \*aot, Eirrtâ‚¬- cr< 00Â«1 1 /017 . OFI=27:a Â£01 -7 -98-F/TIME: COURT 117, 0 1 'tesâ€¢h.,4 01Â¢'du Muni O County'Nf District 0 EVIDENCE TECH/NUMBER: -DAT~/T#MR: METHOD ,-trafy ) â‚¬36.1 3 01, ha t Da 3330 Locker*' HandO t i CHAIN OF EVIDENCE: See Back DATE TIME IN OUT RECEIVING PERSON/NUMBER PURPOSE/DISPOSITION CASE NARRATIVE: Fat intracâ‚¬ SE, 260 /4 2. #CQU.YE 977/40 6 (LAU-/6;77- /4,1 -~7~,0 kl# - I , SPECIAL INSTRUCTIONS: White, Yellow - Evidence Pink - Records Page / of / Revised 12/01 CR-41 "OPY l, . .....4Â¢,an=â€¢./2//Mt.~.I ., - J Â· 72>*ColiiÂ¥,im) 2391 - -40~1IA,- -*/ 1.--dMI.V-. I /1/I.-- -- i . E'MEW.â€¢265.*69.251.Reig'Ff).Eltili- - i L~m lf-Â·..F-'fp.'...4-;A~W-1....I-/1.- -4-,-4 ' -Â· f./14'322Â·3<7:63:49*'Â·: '5Â«2 1.- -1â€¢sued-*2000 ./.0/ ./. , I>. iv Â·Â· 4.1 14* / f J.:, 9 j.. 'Se][: N Eyis: HAZ Â· 1 9,2bSÂ·. . Â» Vour: Y v 11 021, ./ SJÂ»Â·-/ ' 1 kLVEEW]Â¢040 1~- 1 <E~"Le/%~rm#*7#Aggiz j 1-2-t- fluMB:.91..,4*1983-1~11*6~~ ~ Issued:01=09-2001 ~ Class:~-1 Previous Type,M - Rest: P .. f l Ht: 5'3" Wt: 110 & Sex: F Eyes: GRN ~ . P, s Voter: Y ~ ca- 1 639 B /2 f iâ€¢ - =r J - h MAAAMAM\AA#,bAAAMAAMMAARAAM*44*4 -1 93 - C. In . -'* <C =r z i C ~10 - (O - E..0 - - 5 --421 41 7 - -2 *~*jr r'-7~' C -Â·'' - - ir 63 4 9 03 51 R ./M 3- 4- 1. f*-9/-2 6 .kiW EA'Pal/-0 Â· ~ 1 3 . -V 01 J - . 9 03 -- . i * . 1 .i -0 - - or- .J====1 . -9/*//2///BM/A 4 /# .1.. 1 % 11 131.M; .{.1.11 :;12,2 % 11,1.11 1,1 III 411\11,1.f ) u - Al PAA - ' /4,0'AR,;,T14/,by~ ykK:4 7 w.4i, "'~ I,{#M'~Ak.-8 ... 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Z m N _1 1-1 . : s- -p *4 1:,Im mE,1 -: 0 1.1:" 1 *F: 1 , j k.~4 1 . - 2 - 111,1.11. 7.Fj,%. 41 1'.i' ~ F,lif~Â·~~25 1 -- *VE*Vi~vÂ·0/V\Ny*VVWVWWWV . . - t..2 ept--b- 51,2 -Ch,~73*8'' i,Q i LIA'Mala~*A Â· Â· 4 th!00*r,5- Ii,Ii,Â·Â·Â«Â·;W '- mi,il, .4.4.411 111,1111 -1JI'll, 4 9.'9'42 - - , COPY case# 09-163 9 VOLUNTARY STATEMENT Narne K*e- Maw~ â‚¬4le,t Datâ‚¬ of Birth 04 /M/-MI Age__22- Home Address 1(31-0 G-â‚¬(EÂ¢ik~. cA-. RO. Box Phone (H) 526-'6*2_ City/State/Zjp Eksks fark Phone (W) fINg.LUAL Employer (3<4 \ tÂ§* 9,46 Address ANG MoRAn*. AVâ‚¬,, 6- /?Ce _ Height 5'Â© Weight 4 5-5- Color: Hair 8209*; EyesW.14 SSN 5-0-3 55- -428.L Date 1/ 2/ 02- Place (Â»sligAk- U Time report started la '.Do 6In-#~ I, the undersigned, do hereby make the following statement C>.- - Uou.â€¢& Colu@li- o- + 6.*Ar tp42= Cu-d (414 (~trd,- 6*%64 41*tel o n FUL.,6/6916 \rol,12- cub. Se-*01, to),Â»A Â· 47.A . 14Â·4Â· I have read this stpqpent consistigg of J pages/s and the facts contained herein are true and correct. Witnesses Signature ofperson giving voluntary statement page of pages -1 Time statement finished am/pm Date *M.Kih LOPY Cast# OR- /A<59 VOLUNTARY STATEMENT Narne9-JI\*L. (. c 5-HEP/4 1/<D Date of Birth /9-75? 95 2 Age ) 9 Homtiddress .570<r- W. 9 766 -ST RO. Box Phone (H)(921 37/--624/ City/State/Zip OREELE F . 2/2 20 6,19 Phone (W(929326 - 9000 Employer E. 2 2 0 , Address /70 /Â¥\4(GAEGDA AVE Height 6 '2" Weight 5?00 Color: Hair 5/â‚¬/) Eyes 6,<Al SSN .924 -26 894) Date 0 7 7 2 0 a Place EP P D Time report started 6?23 0 am/pm I, the undersigned, do hereby make the following statement RACHEL_ CS,uu VEK AND Ill_ wn.) keA ,>1+0 -*ke trha- 0.,+rance A- 4kk Gas 1-21171- Pl,1 . At Â·Â¥112 rbior . )/1? IA.21/0.- on A JR.. \ ~ Lf> rP 05*4 +4 r AU.r ZE.D Wv A-kq 61)Unre_/ . k. , okcl/y r,40,u/Acl lit,04 ,%1<, 1 drive.r 'i liCâ‚¬ Ast . UM o A 4 fg a J 77 e.j 4-4,1.-r Jfkba\,0 / 0 413 1 - \Alâ‚¬ r.e AJOT- 9\ Nt tout i- art " >d Al bALÂ·t (+ Ay ha#A r anA 041 both 84- r fa,AA,er.'C ka.,131. --9~j~,p. Ant> ~ -Une .4 u, a \ 4,4 -Â¥r, 4-4 A aff 6,1.eA . Foa- ir, LA,rl : -1-Ap 17,1 r 44,1 JJ Carvul +n l.1 i 0/4 n r 1-Q/J t .d U/% A.+ \ A/â‚¬ Ul BRE,k . ...1.-- -flo A as keel - il- A p >pt J C Aor Li a )11- ; A c.k b r,+4-10. 1-ho flar-W,Uer to. i rl \/2 f O /1-A grk,4 AL +772 boLAn cer hAr, rlter PDA A +Ar 1. L./. 1-r . IL -40 4\ 4-kg bo+ -4-e# A-0 r ct Â»* c . ' AnA M. 0/Ackedo<1 41 Jo/WR .Fli.dver Arle ) --E_ Sk C or,rf L-6 0)~-r--s' in n . /1,~-0.*te ZIL r)-4.A '201Â£,0# 6.:~u , mur k Â£ Auu e-Of )1,(a /14\ A, -fn ir>I 4 2- ;> Â« A-'s)&,4 . 70,(9 - -RAV A / Al c A j' :12 -,461 a/A.Ir p At.~0Â·1 6 ,~24 rAd Fivt 1)01}k, 6, )/ ./1-ad -leA- 4-ke 6,1 r.-1 144 A+ 4-0 +Ag <17 0 {A .5 ~123 +rh D +n UJAD ,-e 2 ' ca jip ,) 12*4Â¢c-+4 u.e G n no\/ 0 47 -th-e radio A /12 46 1/1 07; 71-1 414+ I Aa-,1 6,2, i,KE 40 6.#01 -I .0Â«. a.4- 6 4-4 64 , 09-1-6 -_Pu.,ve- 40 1 kdo..4. M.Â· r- De-i. \Co A no \) \.0 4- .1 +U B o u i re, CA rn-#' +0 6 u L -ilrx *4 cvul 4064 Af ile-er an-,1 -J-rie/1- +n -laki c Jai,Â£,ver 'f Ne 4,4(, ut 4Â·11,6- gue rle AD.#J -/79 /al,e_ 4,2 t\ 43 0.\A)\IÂ·o, 0,02<1 - / CI_ a,ikul h /11 46 " Wal-+ "At 4 /11;nua..." .%14 r+b' 4Â·4-er A-hat De-1 Konri,6 65.n#Jad -+4Â· (mj Liollt FLÂ£ --rk.* 2:'ar 444., \,4/AJ -ZIZA?.,44-we.A ar KI)â‚¬ 4--F+Pr by f-)2+. to,A,g,Â·, 0.4 hES Coloroj o -ZE.D. 7 I have read this statement cnne;ethw; of 1 pages/s and the facts contained herein are true and correct. witatsses L-fÂ»b i ~ 42::~~ A / Signature of person giving voluntary statement page pages Time statement finished 22Â« -am@E) Date 7/4/022 \ COPY Case# 0 2 ILD SCI VOLUNTARY STATEMENT Name12ao)AUSUi~U- Date of Birth 01 08% Age fi Home Address MI'958 W Â· El)86201 1-\A j~Vt RO. Box Phone (H)Â·3Â£)31 2-7001% l City/State/Zip Qqnlcu-in , Q.r, 804 01 Phone (W) -42 580*Â£0 Employer (Pls O Address 1 90 11, 006[~p nor 041 Height 5'3' Weight 1/5 Color: Hair bl Eyes A r SSN 1-2 I Â£-15 93I 9 Date ~) L{ 1 2-1 2 032 Place E?*b Time report started 22 0.30 anlj~~) I, the undersigned, do hereby make the following statement ~(GUL) 3KR-ph ned cind I l AOGLULLCA 0 t.* 10 OU Q.V\*O-8('Q 06- 49 Gte kiokClub. .44 Uu .ontiurg g...ieÂ». *ju #comi C 01AD 0 160 M 15)27 lb'9. AQ tjlx (inot u..~4, l,OLA L V\<01-~ 2-11 'ng- T'but X,,5 (DV\ Â©er d h(Uncts. 1,)4.- a. PRRACKEd 4\U \Ork. 008 CA f>alÂ· dux..2,1 . -fAR '1Â©OUND.nd.1.L US.nul E to 05-* 00<- â‚¬* CULA Â· 4*kn\111 Ckb ted â‚¬ Al hach Q.EX'5 Uqv\/ i Â¢~ a boÂ·r}U- e -nAL \030?EQMCU.k Ck:*4-0 4 (4Â·kl Cl,~.U'q el.-1 UM42 (lou v \Ackcl EkQ-Ek-2-11 00<-- \AS Iâ€ži ~Vt> u..> Vilen han-1Â·01 ( Dz>1321(Ud ..123 . hc,-,Aidl 4.Unv\ 10\d hjOL \UL l,,30~ACK \-101 , ,<i- 7. Gcos 11<*-S, 1\'~_ 'COL#tQ.Â©4.2.~ InCk Â©'Uxi UE> 41.L \0:39-Â£US ~922*~8 1,31 Â· c ;32, / - CLS-Cl k.i.Â» a re,juw,Le i a.,U.'Oâ‚¬7 1 \-431\1+ to Cp Sit 015 0- 4-0-MA.-1 01,1 d hania b.331Â«P to 4-ki Â·roth-ocw-V\ 10 0Â»11 ~44315 41 \U-1L~-l Ov) Ck-,sl. facULC) t) UN VU â€¢NL \Cruo Lot\10* 1,4 V'Od -pl-X SAOLEQ-Ck \1*9 816Â©A,of , 5hDr+\Â·9 Qi.ltic han,Ql (itunuct -to Uu_ -la-bu 4\U- \0Â©Cyl Q.9 Â£ al-fjbpNXX-Cke(1 4.bU ta_bla , qraldÂ©Q-0 AO-Â·n-I.Ql'b VD,Q.&-r OL.\Aol told Qi lab (12100 riÂ«1<DUO-Lk-t WottiL.QQ.. cill. IJLL.1 l.>ACUX-0-04. Iq(-aj/3Â¥11.d fl,4 402-4. OfÂ© ilk.L trlkil and 7,00 -101(3 4-kg quq ilned- Ul,t U).Q.~1- A-}Dt Z Aotul Act!, PIQ. tried te) 10Lla._ r-nq (41,4 Runu nu- and kgist- tilifinq c 6 to Ai-10 k.i,Â·*. 4\U 'GUA Anri 41/\Oct u.)1 fU-Q CUCI toLQ-0.Xko. ldO- told hia -tb LJOOd- Â·801 (A minuti. 10 LAEÂ»&017 jU., aaed C ~. 434,s l.ais a "Sting. - 14)2 Cxq GLAL\L -toid LiM tIAL mak. 1& 2 \on Ab na,A wa S, \ cit.qi irlinhflkd 01 4251. FS-Ok bil ~thkAittl Ex Vf \Uu-j ELA d n toLOT-arln tb . I have read this statement consisting 9f pages/s and the facts contained herein are true and correct. Witnesses (IL 0- ALee <9 eluili,x Au v9ignature of person diving voluntary statement Â£/ V page C of 1 pages Time statement finished 2 2% 55 arri~~) Date (3 Cl i 7 07_ - fÂ· . COpY Case # (13-27-21 VOLUNTARY STATEMENT Name ALL*m LJ,4.Lrd* Datâ‚¬*of Birth g~-3 9/ Age / 241- Home Address* 909 L,/,9'+~E'#<hoÂ» 427.0. Box 292 Phone 01) _62=22 2 City/State/Zip Â· R 1-4.3 />n r k , CID .4159 9 Phone (W) ..22612Â£20 Employer 2 Tr k 01 16 f ' Address Height 5 i // Weight < '74' Color: Hair ~rown Eyts 2 /u e SSN L.150'1 Date 7- /3-0.2 Place 11< (4Â£ EL+ A-6 Timereport started 20 ZOO U I, the undersigned, do hereby make the,following statement 7 90 4 â‚¬'r ,:up i 42 0) rÂ«c l.,eg tie- d #or e . .2- d=â‚¬ 2â‚¬01 40 -11-*15 1.af' a ki,4 71 â‚¬- fherÂ·r t.-l). k . 'r n. 441.'. Afff .--1 A j he r,or - dr0 C~ <A- |/7. t~.ce v *01*1 15 7 '<~ <D Y-' 7â€ž Â£:,_ Y- Af.Â£.1~- . / 4 1- V (2 7 +K %4 ft . +,ve, An A-r , M , n:-0 Â»4 9- 4-6 41 9--A e.-fLY 94 pz...4 0? U (11A1*> 1 â‚¬, 420 (ek A. 11. J< 6~- ki +A f j, 9-eys 8 -<C> ~ (Appy<Ur 4-21 42*X â€ž ~ 142 3 2-â‚¬-2 ?C/k. 4* +A Â¥' 7 I, hÂ·, CD )4 Â£, 44 - 45 0-*RE Â¥19>) k '40- ' e.... +k q. pr.t,_ 4 -5 % 99 â‚¬ , 6 01 + +11. 46,nry AR@ 1 â‚¬ , 15~ 0 4 4 4 - A d Â¢ 45 4,-6, k-1 47..3217L~/41 3,e *.tIxtfl~f#J r 0, 4. .. 2..4, "1â‚¬ 6 f I.Â· c ) I have read this statement consisting of .7 ~ pages/s and the facts contained herein are true and correct. Witnesses 0,45?U k. u. Â£5, ~~~ Signature of person giving VokMary statement ~ I pages . Time statement finished .am/pm Date 9- I'l - d mi/- BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK ESTES PARK COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: LAB Properties, Inc. dba OLD GASLIGHT PUB 246 Moraine Ave. P. O. Box 3032 Estes Park, CO 80517 Liquor License #02-52787-0000 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and LAB PROPERTIES, INC., hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was personally delivered to the Licensee on August 16, 2002 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the Hotel & Restaurant License issued to Lab Properties, Inc., dba as OLD GASLIGHT PUB, 246 Moraine Ave., License #02-52787- 0000 be and hereby is suspended for period of Twenty-Six (26) Consecutive Days, commencing at 12:01 a.m. Thursday, August 29, 2002 through 11:59 p.m. Monday, September 23,2002. DATED this day of ,2002. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk t RECORD OF PROCEEDINGS Public Safety Commjttee - July 24,2002 - Page 3 PbLICE DEPARTMENT SURCHARGE FEES - APPROVAL. Officer Marciniak researched various Colorado communities to ascertain whether these communities assess a surcharge fee. Following is a summary of surcharges by communities similar in size and service capabilities to the EPPD: â€¢ Windsor. Charges a $7.00/conviction to fund the Weld County Drug Task Force. â€¢ - Edgewater. Charges 25% of every fine imposed for victim services, ; i warrant location, training and police equipment. â€¢ Breckenridge. Applies a surcharge for training and education. â€¢ Routt County. Charges a $10.00, with revenues collected into the General Fund. Attorney White has no legal objection to this proposal, and. Municipal Judge Brown supports, it. The communities stated they apply surcharge fees to convictions for violations in traffic, criminal, and animal code. Staff is recommending assessing a $20.00 surcharge for the following municipal violations: 1. All moving traffic convictions. 2. All criminal convictions. 3. All animal control convictions. Following discussion, the Committee recommends approval of the surcharge fee of $20.00 for those convictions identified above, with revenues to be used for Victim Services, Community Projects, Training, and Police Equipment, with the revenues equally divided. The Committee commended Officer Marciniak. ORDINANCE NO. 12-02 AN ORDINANCE AMENDING SECTION 1.20.020 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK REGARDING FINES AND PENALTIES BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Section 1.20.020 of the Municipal Code shall be amended to read as follows: 1.20.020 Fines and penalties (a) Any person who shall be convicted of a violation of this Code shall be fined an amount not to exceed three hundred dollars ($300.00). Where any violation is a continuing offense, each day that the violation continues shall be considered and held to be a separate and distinct offense. (b) The Town Board, by ordinance, may establish costs, including surcharges, to be assessed by the Municipal Judge for specified violations of the Municipal Code. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF ,2002. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of , 2002, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2002. Town Clerk ORDINANCE NO. 13-02 AN ORDINANCE ESTABLISHING SURCHARGES FOR MUNICIPAL CODE VIOLATIONS WHEREAS, Section 1.20.020 of the Municipal Code provides for the Town Board, by ordinance, to establish costs and surcharges for Municipal Code violations; and WHEREAS, Section 13-10-113 (3), C.R.S., provides that the Town Board may, by ordinance, establish said costs and surcharges. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Upon each violation of the Municipal Code for the following offenses a $20.00 surcharge shall be assessed as costs for each violation. Said violations are as follows: a. All moving traffic violations pursuant to the appropriate provisions of the Model Traffic Code. b. All violations of the provisions of Chapter 7 (Animals) of the Municipal Code. c. All violations of offenses under Chapter 9 (Public Peace, Morals, and Safety) of the Municipal Code. Section 2. Unless changed or revised by the Town Board, by resolution, revenues received from the above-assessed charges shall be divided equally between victim services, community projects, training, and police equipment. Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF :2002. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk RESOLUTION NO 19-02 WHEREAS, Article XVIII, Section 11 of the Colorado Constitution, limits the terms of elected officials of the Town of Estes Park to two consecutive terms. This provision will be effective for elected officials of the Town at the April 2004 Municipal Election. WHEREAS, recent experience in the Estes Valley, including the last Municipal Election and Special District Election indicate that individuals are not willing to run for elected office. Term limits for incumbent elected officials will only further limit the number of persons willing to run for elected office. WHEREAS, removal of term limits on the Board of Trustees of the Town of Estes Park will enable any person to run for office and be elected if the voters wish to elect said person. WHEREAS, removal of term limits from elected officials of the Town will not prevent any person from challenging any incumbent if someone chooses to do so. It will only allow incumbents to continue to serve if they so desire and the voters elect them. Voters should be entitled to vote for any person for Town Board if that person wishes to serve without limiting the term of that individual's service on the Town Board. WHEREAS, the Board of Trustees has received petitions and requests that the voters of the Town of Estes Park be given the opportunity to vote on a ballot question eliminating the limitation on term limits for elected officials of the Town, including the office of Mayor. NOW THEREFORE, be it resolved by the Board of Trustees of the Town of Estes Park, Colorado: 1. In response to petitions and requests from citizens of the Town of Estes Park and the Estes Valley, the Board of Trustees hereby authorizes the submission of the following ballot question to the registered voters of the Town of Estes Park at the general election on Tuesday, November 5,2002, for the purpose of allowing the voters of the Town of Estes Park to vote on the elimination of term limits for members of the Board of Trustees and Mayor as the same is set forth in Article XVIII, Section 11 of the Colorado Constitution. BALLOT QUESTION SHALL ELECTED OFFICIALS OF THE TOWN OF ESTES PARK, COLORADO, BE ALLOWED TO SERVE MORE THAN TWO CONSECUTIVE TERMS OF OFFICE AND ELIMINATE THE LIMITATION ON TERMS OF OFFICE AS SET BY ARTICLE XVIII, SECTION 11 OF THE COLORADO CONSTITUTION? YES NO 2. The appropriate officials of the Town of Estes Park are hereby authorized to perform all necessary acts to place the Ballot Question on the November 5, 2002, ballot. 3. The Intergovernmental Agreement between the Town of Estes Park and Larimer County for the coordinated election on November 5, 2002, is hereby approved and the Mayor and Town Clerk are hereby authorized to execute the Agreement. DATED this day of ,2002. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I , I I AGREEMENT CONCERNING ELECTION SERVICES THIS AGREEMENT is made effective this 15th day of August , 2002, between the Larimer County, Colorado Clerk and Recorder ("Clerk") and, the Town of Estes Park ("Public Entity"), WITNESSETH THAT: WHEREAS, the Public Entity desires to conduct an election pursuant to its statutory authority and an election is required pursuant to C.R.S. Â§ 1-4-201 and 1-7-116(1); such election to occur on November 5,2002; and WHEREAS, an agreement concerning the conduct of a coordinated election is required pursuant to C.R.S. Â§1-7-116(2); and WHEREAS, the Clerk has agreed to perform certain coordinated election services set forth herein in consideration of the performance by the Public Entity of its obligations and payment of a fee as set forth herein. NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as follows: 1. DUTIES OF THE CLERK The clerk agrees to perform the following duties (or such other duties as may be mutually agreed upon by the parties in writing) in connection with the election to be held on November 5,2002: A. coordinate the proper number and location of precincts. B. provide a list of election judges if requested by the Public Entity. C. certify the judges of the election and alternate judges and determine their compensation. D. contract for printed ballots. Provide ballots only to precincts wholly or partially within the boundaries of the Public Entity and have ballots available by mail and at early voting sites. E. secure and provide polling places for each election precinct and submit a copy of the list of confirmed polling places to the Public Entity. F. arrange for the delivery and installation of precinct polling place signs no less than 12 days prior to the election. G. arrange for the delivery of the voting system and voting equipment for each designated polling place, and pick up said voting system following the election, except those stored permanently in facilities owned or under the control of the Public Entity. 1 , f H. be responsible for the delivery of the registration/voter lists and assist on or beforp Election Day in the assembling of all election materials to be delivered to the judges of election in each precinct. 1. conduct a training session for election judges prior to the election, provide specific instruction in the use and operation of the Accu-Votes at such training session, and provide an election judges' guide for distribution to the judges. J. provide properly trained personnel on the day before Election Day, Election Day, and Election Night for the preparation and conduct of the election. K. provide as needed Accu-Votes with memory cards, ballot boxes, transfer cases, and necessary seals to ensure the security ofthe ballots for each polling place, a quantity of secrecy sleeves per polling place as needed, demonstration ballots per polling place and necessary signs for posting. L. provide forms for application for change of address, and/or change of name, voter challenge forms, and voter assistance forms. M. provide personnel at the tabulation center on election day/night to certify election results. N. provide all expendable precinct polling place supplies, i.e., name tags, pens, etc. O. give assistance and information to the designated local election official of the Public Entity on any matter which should ensure the smooth and efficient operation of the election (such information not to include legal advice). P. mail to all voters registered to vote in Larimer County the Amendment 1 Notice Package/Election Booklet not less than thirty days prior to the election. The Clerk shall determine the "least cost" method for mailing the Arhendment 1 Notice Package and address the package to "All Registered Voters" at each address of one or more active registered voters of the Public Entity. Nothing herein shall preclude the Clerk from sending the Amendment 1 Notice of the Public Entity to persons other than electors of the Public Entity if such sending arises from the Clerk's efforts to mail the Amendment 1 Notice Package at "least cost". Q. submit an itemized invoice to the Public Entity setting forth the fee to be paid by the Public Entity. R. remove the ballots from the ballot box after the time period for election contests has passed and preserve the ballots as election records pursuant to C.R.S. Â§1-7- 802. If requested by the Clerk, the Public Entity shall advise the Clerk when the time period for election contests has passed. In addition, the Public Entity shall immediately notify the Clerk of any election contest which is initiated and shall keep the Clerk apprised of the need to retain the election records for use in such a contest. 2 Other: The minimum fee for election services is $200.00 for ballot support and $200.00 for TABOR support. 2. DUTIES OF THE PUBLIC ENTITY The Public Entity shall perform the following duties, in connection with the election to be held on November 5,2002: A. provide a certified copy on diskette, in the attached format requested by the elections office, at the earliest possible time and in any event prior to the fifty fifth day before the election, September 11, 2002, of the ballot content (candidates, issues and questions) to the Clerk exactly as and in the order that it is to be printed on the ballot pages and sample ballots. B. notify the Clerk if the issue(s) placed on the ballot are referred or initiated. C. proofread and approve your ballot content for printing. D. prepare and mail all voter information cards, voter information letters or other notices related to the Public Entity's election which are required by law. F. submit all deadline dates to the Clerk for review by the Clerk. G. provide current district or precinct maps to the Clerk. H. have the designated local election official (or one other person satisfactory to the Clerk) attend the training session for election judges and assist the Clerk in the conduct of the training session if requested by the Clerk. 1. if requested by the Clerk, provide person(s) to participate in the ballot counting procedures as accomplished by any electronic vote tabulating equipment used in the election. The Public Entity personnel may participate in various boards with personnel from the Clerk's office to ensure Public Entity participation in each of the electronic vote tabulating procedures that shall be used. J. upon receipt of the invoice provided for in Section 1 (Q), pay to the Clerk within 30 days a fee which shall be an amount determined in accordance with the formula set forth on Exhibit "A" which is attached hereto and incorporated herein by reference. K. notify the Clerk if it is a municipality which has provided by ordinance or resolution that it will utilize the requirements and procedures of the Uniform Election Code of 1992 in lieu of the Colorado Municipal Election Code of 1965 with respect to this election and to forthwith provide a copy of said ordinance or resolution to the Clerk. L. assign a designated local election official who shall be the official contact person for the Clerk and who shall perform such duties as are required by law including the obligation to receive and summarize written comments for and against 3 proposals which are subject to the requirements of Article X, Section 20 of the Colorado Constitution. The parties agree that the Clerk as chief coordinated 2 election official shall have no duty or obligation to receive or summarize such comments. If the Clerk receives any such written comments, the Clerk shall promptly notify the Public Entity by telephone of this and the Public Entity shall promptly pick up the written comments. . M. provide tb the Clerk the notice required by Article X, Section 20 of the Colorado Constitution, including summaries of any written comments received for or against a proposal, includihg any summary prepared by petition representatives, at least forty-two days prior to the election, September 24,2002, on diskette, for required specifications see Exhibit "B",or in such other form as may be acceptable to the Clerk. The Public Entity shall be solely responsible for the preparation and content of the notice. N. proofread and approve summary content for printing. O. by its signature herein, the Public Entity delegates to the Clerk its authority to determine the compensation to be paid to election judges and alternate judges. P. mail to all property owners within Public Entity's district, otlfer than those property owners to whom the Clerk has mailed notice under Section 1 (P) above, the notice required by Article X, Section 20 of the Colorado Constitution, such mailing to be in accordance with the requirements of the Colorado Constitution, statutes and rules and regulations. 3. ABSENTEE/EARLY VOTING A. The Clerk shall be responsible for conducting absentee/early voting, such services to be included in the fee set forth in Section 1 (Q). B. The Clerk shall procure all necessary supplies needed for absentee/early voting, such supplies to be included in the fee set forth in Section 1 (Q). C. _ The Clerk shall procure absentee/early voting ballots, such ballots to be included in the fee set forth in Section 1 (Q). 4. The designated local election official of the Public Entity is 5. The Clerk shall place upon the ballot the ballot content properly certified to the Clerk in accordance with law. The Public Entity shall be solely responsible for determining whether a ballot issue or question or candidate is properly placed before the voters. 6. All computations of time shall be governed by the prbvisions of C.R.S. Â§1-1-106. 7. In the event that the Public Entity's election for which this contract was entered into is canceled prior to the date such election was scheduled to occur and notice of such cancellation is provided to the Clerk by the Public Entity, the Public Entity shall pay a fee 4 : * calculated in accordance with the formula set forth in Exhibit "A" from which shall be deducted the Public Entity's prorata share of any expenses not incurred by the Clerk as a result of the cancellation. 8. In the event a court of competent jurisdiction finds that the election for the Public Entity was void or otherwise fatally defective as a result of the sole breach or failure of the Clerk to perform in accordance with this Agreement or laws applicable to the election, the Public Entity shall be entitled to recover actual expenses or losses caused by such breach or failure up to the maximum amount paid by the Public Entity to theÂ·Clerk under this Agreement. The Clerk, or Larimer County, Colorado, shall in no event be liable for any expenses, damages or losses in excess of the amounts paid under this Agreement. This remedy shall be the sole and exclusive remedy for the breach available to the Public Entity under this Agreement. 9. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges, immunities the parties, their officers, or employees may possess, except as expressly stated in this Agreement. 10. The Clerk and Recorder reserves the right to decide to print only the ballot issue identifying information on the ballot and the ballot title on a separate sheet of paper. The Clerk and Recorder will incur any additional printing costs for the separate printing. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement- to be effective upon the date first above written. LARIMER COUNTY, COLORADO CLERK AND RECORDER Date: /744*Ul*44Â£,e~/ \ 2 1 Â»1102 M*fra J. Ro4Ebergel- i U Date: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER ATTEST: LE:33@puty Clerk of the Board Chair PUBLIC ENTITY: NAME OF PUBLIC ENTITY: Date: By: Public Entity phone number Title of Authorized Representative signing*on behalf of Public Entity DATE: 11\5 foo APPROVED AS TO FORMÂ·, / ASSISTANT COU~POTORNEY Intergovernmental Agreement08/08/2002ms 6 EXHIBIT "B" FORMAT SPECIFICATIONS All entities to be included on the November 5, 2002 ballot must use the following format to submit the text of ballot races and issues and the text of Amendment 1 comments. â€¢ DISKETTE - High Density 3.5 IBM Formatted â€¢ MICROSOFT WORD'97 or a version of Microsoft Word able to be converted to Microsoft Word '97 â€¢ FONT TYPE- Arial â€¢ FONT SIZE - 10 pt â€¢ Left justified â€¢ Margins -ALL 1/2 inch Proof reading will be the responsibility of the Entity. Larimer County will publish and place information exactly as received from the Entity on the ballot. 7 LARIMER COUNTY CLERK RECORDER Exhibit "A': Estimated 2002 Billable Election Expenses Labor Temporary Staff $178,000 Postage Absentee Ballots $22,000 TABOR Notices ~~&7K~~~ Printing Ballots $115,000 TABOR Notices 511:EM/bitividaw Sample Ballots $3,000 Legal Notices $2,500 Total Expenses Without TABOR $320,500 Adjustment for Minimum $200 Fee *,flam!$105 Total TABOR Expenses 2"/0/ 4 Grand Total $340,400 ESTIMATE 2002 General Election Billing.xlsms8/02 Page 1 of 2 0 & 1 00 00 CD (0 0 0 CN * 00(DGICD,-500-9 LO * 0 00 r- N N 4- er- CNI O (O- 4 r-00~N N 4064 4- pf **32'egee 69 m CO 64 64 (a tr-(000000000 0)091-0)ONt.0000 O CO CO r- N O CNI N (NI CNI .E d-dcâ‚¬,2~64,264646464 0 64#09> 0 0 0 # 00 (9 0 10 0 + LO e co 00 A TCNI CD 0 -1~0 0 ~ a 00 M A 0 91- r r Et- 1- r_ 0.2 -O--câ‚¬ *GiGI Ci m C MI *NErÂ· 10 <733- BNC'91-N 0 02 Z E 3 09 9- 0 Or) r_ r r r r- r 0 NOâ€¢-1-0000(000(\1 CONG'COM"-00â€ž ~ 0 1 00 09- CD 01 0 0 N N O U dÂ»-oo K---0-4-weeâ€ž- E O (,0 C) co =64â„¢64 0 â‚¬46464 0 E 0 -Â¤ 00 LO tO Or- 1.0 t- CO 05 0000(DO)'-hoo O-0.1.nnt .-,- 20 cD e * C) 0> O)- Â·w (n cu 00 M 10 a< 10 1- E -5 ~2 0 ~~ cON - BEg i# 0 . Â¥-r Â£ * E CZC LU w---- r m 8Â£ PE* gul E 0 0 0 LI.1*U W gE ELLI 8 1- O N c,0 - N r - r r r r- - 2 -a E 3E JOE E 0 0 1- U.1 1- Â©Â©000100-104-m 00 0 00 0 00(910(Der-NOO 000 01 0.1 0) Of) "-9-4-r-= , LO . 0-8. CO 4- 4- CD- 0 4- as-of as- K. 6 1 0 0 00 00 00 M 0 CNN O 9.-9- r- r- A 00 A 64 2 /5 0 2 -M 202 2 0 10% DO C E .â€ž, 0= 05 82.2 00 WU.1 0 = 0 L - CD LILI efi%2 2 2 29& iw Â§. f g .9 2% 5 & 2 ~503358 42 # 2 Estimated 2002 Election Billing.xls "Exhibit A" Voters Units TOTALS Registered Election Election TABOR olum TABOR TOTAL Number of TABOR Number of st.uzo/g t/gsixÂ·Bu!11!8 uo!;0813 leJeueg ZOOZ (Joped ulunloo joileg Xq paldillnUI Sle}OA pei quinN lelol 86ed sesuedx3 uo!10813 suum uouoe13 JO Je UlnN I lol Xq P (Jope:I uu,nioo hlogvi *q pe!id!;Iniu Sielo/\ pelels!6ekl) s; Vl JO Luns 9, 8V1 JO JeqLUnN le}01 olorado 295,850 $1 86ed sesuedx3 uoqoel3 aiqell.!8 LUOJJ sesu 221,887 suun HOSÂ¥1 Jo JeqtunN lejol Xq pap!Aip ;soo BOEIV.L 9230 0 enieA 1!un WOOV-L 31VIAI I193 Allenspark Fi Protection Estes Park Medical Center St. Vrain RE- Election Costs Sis00 210891 Administration Department Memo TO: Honorable Mayor Baudek Board of Trust From: Rich Widmer -/4( - Town Administr~r Date: August 21, 2002 Subject: Highway Corridors Design Standards Background. At the August 13, 2002 Town Board meeting, a concern was raised that the minutes of the June 12, 2001 Town Board Work Session concerning Highway Corridors Design Standards do not reflect the true wishes of the Town Board. Attached for your review are those minutes. Since we do not tape work sessions, there is no recorded record to review; however, staff believes the minutes as written accurately reflect the discussion that took place on June 12, 2001. A rough draft of the proposed Highway Overlay District was discussed with the Planning Commission in June 2002, but it has not been finalized. There is time to revise the draft to incorporate any needed changes or to stop the proposal, if that is the Town Board's decision. Budget. There are no budget impacts associated with this item. Action This is a policy decision of the Town Board. Staff has no recommendation. ff aRADFORO PUBLISMINGCO. RECORD OF PROCEEDINGS Town Board Study Session - June 12, 2001 - Page 3 Mayor Baudek declared a recess at 10:00 a.m. Mayor Baudek reconvened the meeting at 10:10 a.m. Pursuant to time constraints, Trustee Habecker requested, and Mayor Baudek granted, the delay of the Sister City Item to allow discussion of Items 4 through 6. , HIGHWAY CORRIDORS DESIGN STANDARDS - DISCUSSION. At the Town Board Study Session 7/18/00, discussion was held on creating design standards for the highway entrances and downtown area. Consensus was reached to direct Staff to review options that would address metal buildings, second story smooth planes, incentive programs, and the like. Community Development Director Joseph stated there are two types of visual impacts that can occur along the highway corridors: (1) the appearance of the buildings themselves (this may be the highest priority), and (2) the potential for view obstruction by the buildings themselves. Approaches that could avoid a commercial building that is designed to attract attention in such a way that the community would find objectionable include: 1. Provide appropriate restrictions on corporate architecture (e.g. fast food). 2. Restrict the use of large areas of primary colors on buildings (e.g. bright red roofs). 3. Restrict the inappropriate use of some building materials (e.g. metal buildings), 4. Prevent the construction of larbe expanses of blank walls in unbroken planes. Director Joseph noted that if the four Issues above are the Board's first priority (in lieu of view corridors), and if the four issues remain relatively fundamental, the ordinance could be prepared in-house. The restrictions must be apparent and understandable. Trustee Barker noted his dissatisfaction with additional regulations and how they add costs to homeowners, and he cautioned against giving credence to the vocal minority. Consensus (minus Trustee Barker): Staff work on the four items identified above, with submittal of a basic draft to the Planning Commission within 3 months from this date. No further action was taken on the view corridor issue at this time. , ACCOMMODATIONS ZONING: CONSTRUCTION, CONVERSION - EROSION OF ECONOMIC BASE? In a joint memo dated June 7, 2001 with Attorney White, Community Development Director Joseph reported that there has been a marked trend over the last few years, to convert commercial accommodations into condominium ownership. In most cases these units are used as second homes, however, units may be used as primary residences as well. A list of conversions was presented with Staff adding that this trend can be expected to continue. The traveling public desires larger accommodation units with at least some kitchen facilities - this trend can also be expected to continue, and this makes most new accommodations prime candidates for condo-conversion. Compounding this trend is the current allowance of multi-family development as a "use by right" witilin the Commercial Accommodations zoning district. Nearly all of the RM-