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Home My WebLink AboutPACKET Town Board 2006-06-13F, LE Prepared 6/5/06 47 7'. * Revised 6/9/06 xy *34497 TOWN OF ESTES PARK j:'~Â·.-.~f: -..3..4114'a.'~/ '; .-L,4.4 -52= I. .... 362.722 11'...ti..1....".4<. .....4. z.~ ..1 The Mleelon of the Town of Eetes Park le to plan and provide reliable, hlâ‚¬h-value eervicee for our citizene, vieltore, and employees. We take dreat pride eneurine and enhanclne the quality of life in our community Dy Delne 00od etewards of public reeources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 13,2006 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE - Color Guard - Boy Scout Troop #8 PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 23,2006. 2. Bills. 3. Committee Minutes: A. Public Safety, May 25,2006: Police Department 1. Police Department Policy Manual Updates. B. Community Development, June 1, 2006: Convention and Visitor Bureau 1. Special Events - Purchase 2006 Bobcat 2200 4X4 Utility Vehicle - $10,547 - Budgeted. C. Public Works, June 8,2006: 1. Street Improvement - Chipseal $190,000 - Budgeted. 2. Visitor Center Detention Pond - $9,000 - Budgeted. 3. Playground Equipment Purchase (Children's & Riverside) - $35,000. * 4. Resolution 10-06 - Acting Town Administrator. 1 Continued on reverse side 2. ACTION ITEMS: 1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM GREGG SUNFIELD dba THE GALLERY RESTAURANT TO TRAIL INN LLC dba SMILING ELK RESTAURANT, HOTEL AND RESTAURANT, 205 Virginia Drive. Town Clerk Williamson. 2. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM REGNEL LLC dba CHELITO'S MEXICAN RESTAURANT TO VJ REGALADO LLC dba CHELITO'S MEXICAN RESTAURANT, HOTEL AND RESTAURANT, 145 E. Elkhorn Avenue. Town Clerk Williamson. 3. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM ILX RESORTS INC. dba GOLDEN EAGLE RESORTS TO CRAGS INC. dba THE VIEW RESTAURANT. HOTEL AND RESTAURANT, 300 Riverside Drive. Town Clerk Williamson. 4. FALL RIVER PICNIC GROUNDS RESTROOM. - Construction & Public Facility Mgr. Sievers. 5. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(f), C.R.S. - For discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 444 .5Â® hp LaserJet 3015 HP LASERJET FAX '' hM~UW~~~~> . *â€ž',pAÂ»%A#/J invent Jun-9-2006 2:19PM Fax Call Report Job Date Time Type Identification Duration Pages Result 847 6/ 9/2006 2:09:50PM Send 6672527 1:16 2 OK 848 6/ 9/2006 2:11:12PM Send 5869561 1:16 2 OK 849 6/ 9/2006 2:12:33PM Send 5869532 1:34 2 OK 850 6/ 9/2006 2:14:12PM Send 5861691 1:54 2 OK 851 6/ 9/2006 2:16:11PM Send 6353677 1:34 2 OK 852 6/ 9/2006 2:17:50PM Send 5771590 1:42 2 OK t , hp LaserJet 3015 4/ HP LASERJET FAX invent Jun-9-2006 11:19AM Fax Call Report Job Date Time Type Identification Duration Pages Result 835 6/ 9/2006 11:09:33AM Send 6672527 1:23 2 OK 836 6/ 9/2006 11:11:01AM Send 5869561 1:21 2 OK 837 6/ 9/2006 11:12:27AM Send 5869532 1:36 2 OK 838 6/ 9/2006 11:14:09AM Send 5861691 1:57 2 OK 839 6/ 9/2006 11:16:11AM Send 6353677 1:37 2 OK 840 6/ 9/2006 11:17:53AM Send 5771590 1:45 2 OK Town of Estes Park, Larimer County, Colorado, May 23,2006 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 23rd day of May, 2006. Meeting called to order by Mayor Baudek. Present: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Also Present: Randy Repola, Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney Absent: All Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT Ada McCracken, 1089 Pine Knoll Drive, voiced concerns that the utility easement between her property and the apartments would be dug up for an extend period of time in order to upgrade the sewer lines as required for the conversion of the Pine Knoll Apartments. She requested a new easement be located for the upgrade. Dir. Joseph informed the Board the sewer line to be upgraded runs under Hwy 7 and not along Ms. McCracken's property. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 9,2006. 2. Bills. 3. Committee Minutes: A. Public Works, May 11, 2006: 1. Snowplow Dump Truck - $134,951 - Budgeted. 2. Bond Park Information Building - $10,000. B. Utilities, May 18, 2006: 1. Water Tap Fee Waiver - Habitat for Humanity - 671 Halbach Lane. 4. Estes Valley Board of Adjustment, May 2,2006 (acknowledgment only). 5. Estes Valley Planning Commission, May 16, 2006 (acknowledgment only). 6. Intent to Annex Resolution #8-06 - North End Storage Addition. Public Hearing scheduled June 27,2006. Board of Trustees - May 23,2006 - Page 2 Trustee Levine recused himself from Consent Item 3.B. It was moved and seconded (Pinkham/Levine) the Consent Items 1, 2, 3.A, 4, 5 and 6 be approved, and it passed unanimously. It was moved and seconded (Pinkham/Blackhurst) the Consent Item 3.B be approved, and it passed with Trustee Levine abstaining. l A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. if the Applicant, Public or Town Board wishes to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. AMENDED PLAT 1. Boundary Line Adjustment, Lots 22 & 23, White Meadow View Place, Kirk Miller/Applicant. 2. Mary's Meadow Development, Lots 2,4, and Outlot A, Mary's Lake Replat of Mary's Lake Subdivision, Mary's Meadow Development, Inc./Applicant. B. SUPPLEMENTAL CONDOMINIUM MAP 1. Sundance Condominiums, Supplemental Condominium Map #4, Unit 8, Tract 69B of the 1St Replat of Tract 69, Fall River Addition, Brian Murphy, LLC/Applicant. 2. Mary's Lake Lodge 11 (MLL-2) Condominiums, Supplemental Condominium Map #1, Units 32 - 37, Lots 3A and 3B, Mary's Lake Replat of Mary's Lake Subdivision, CMS Planning & Development and Ram's Horn Development Co./Applicants. C. PRELIMINARY CONDOMINIUM MAP 1. Mary's Meadow Condominiums, Proposed Lot 4A, Mary's Meadow Replat of a Portion of Mary's Lake Replat of Mary's Lake Subdivision, Mary's Meadow Development, Inc./Applicant. 2. Wonderview Village Condominiums, Metes and Bounds, Longs Peak Development/Applicant. D. FINAL CONDOMINIUM MAP 1. Streamside Condominiums, Phase I, Units 5,6,7,8,11,12,13, 14, 15, 16, 17, 20, 21, 22, 23, 24, & 25, Lot 1, Streamside Amended Plat, Streamside Cottages, LLC/Applicant. 2. The Pines Condominiums at Estes Park, Lot 2, Pine Knolls Subdivision, Pines Condominiums Development, Inc./Applicant. Mayor Baudek requested the Planning staff explain the difference between a preliminary and final condominium map. Dir. Joseph explained the approval of a preliminary map gives the developer the right to move forward with the development of the project. Prior to final condominium map approval, all issues and concerns should be addressed. Staff reviews condominium maps for both new construction and conversions to ascertain whether adequate public facility standards have been met. Additionally, in the State of Colorado a final map may not be submitted for review until the unit is constructed and the air space can be identified; therefore, developers bring units forward with supplemental condominium maps as they complete construction and sell units. Trustee Blackhurst and Mayor ProTem Pinkham recused themselves from item 1.D.2. It was moved and seconded (Newsom/Levine) Planning Commission Consent Board of Trustees - May 23,2006 - Page 3 Items 1.A.1, 1.A.2,1.B.1, 1.B.2, 1.C.1, 1.C.2, and 1.D.1 be approved with Planning Commission conditions, and it passed unanimously. It was moved and seconded (Levine/Homeier) Planning Commission Consent Item 1.D.2 be approved with Planning Commission conditions, and it passed with Trustee Blackhurst and Mayor ProTem Pinkham abstaining. 2. ACTION ITEM: A. Special Review 06-02, Horse-Drawn Carriage Concession, Downtown Estes Park, Tender Grass Carriage/Applicant. Planner Shirk reviewed the staff report. He stated the applicant is requesting approval of a horse-drawn carriage service within the Town of Estes Park for weddings, special events and a fixed route with operation hours from noon to 9:00 p.m. daily. The proposed route is one that has been approved by the Town for prior carriage service. A letter was submitted by the Northend Property Owners Association stating the applicant's intent to store his equipment in a residential zoning district would be a direct zoning violation. The applicant has relocated his equipment to a commercial location. Trustee comments and questions were heard and summarized as follows: concerns were raised regarding a possible conflict between location and time intervals with the shuttle and the carriage route; whether there have been concerns with traffic congestion historically; the carriage service is an added attraction to the Town. Don Gardner, applicant, stated he ran a carriage service in Estes Park from 1997 - 2000 and never experienced issues with traffic. It was moved and seconded (Newsom/Eisenlauer) Special Review 06- 02 be approved with Planning Commission conditions, and it passed unanimously. 3. REPORT: A. Presentation of Estes Valley Development Code Block 8 Amendments - First Reading: Changes to Â§4.4.D Additional Zoning District Standards and Â§13.3 Definitions to allow outdoor ATMs/Computer Kiosks in the CD-Commercial Downtown zoning district. (Town Board Public Hearing will be held June 27,2006). Planner Shirk reviewed the code changes that would allow ATM machines and computer kiosks as an allowed outdoor activity in the downtown area. After reviewing other tourist towns, it was determined that many allow kiosk machines in the downtown area. These devices would be required to meet all other Development/Municipal code standards such as setback requirements and signage, i.e. no off-premise signage. Trustee comments and questions were summarized: discussed what types of signage would be allowed; type of information available at the kiosks; the number and locations; would a permit be required prior to placement of a machine in the downtown area; will the information be uniform; who will determine the content. Mayor Baudek requested staff consider limiting the number of locations in the downtown area. 2. ACTION ITEMS: 1. BUILDING INSPECTION / PLAN REVIEW CONSULTING - REQUEST APPROVAL. Dir. Joseph explained outsourcing critical building department functions is required due to a prolonged illness in the department as well as a heavy workload. Several proposals were received and evaluated. Staff is recommending Code Consultants Inc. (CCI) with fees based on inspections Board of Trustees - May 23,2006 - Page 4 performed (productivity), as opposed to a flat hourly rate. All inspections will be performed by fully qualified, certified inspectors with substantial experience in the field. The estimated weekly cost for services is $3,000 to $5,000. Will Birchfield, Chief Building Official, clarified each jurisdiction counts the number of inspections differently - by address, by code or by the number of stops in a day. A typical day in Estes Park is 15 stops with up to 25 - 30 inspections. He confirmed the consultant would count stops by address. Trustee Blackhurst questioned the expected timeframe the department would have a personnel shortage. Dir. Joseph stated the timeframe is unknown due to the ongoing illness of the building official; however, the department would like to retain the services of the consultant if unforeseen circumstances arise in the future. He also explained the consultant expenses would be funded through the professional service line item within the building department budget. Administrator Repola stated if the consulting service is needed for an extended period of time, additional expense reductions have already been identified. Trustee comments and questions were summarized: Trustees appreciate staff recognizing the issue and addressing the staff shortage in a timely matter; has staff worked with the consulting firm in the past; have references been provided; number of employees the consultant will provide; staff should address the need for the upcoming budget cycle. Frank Theis, CMS Planning & Development, stated he appreciates the efforts of the building department staff during the past couple of months. He requests the Board approve the consulting services to prevent delays. Chief Building Official Birchfield informed the Board the Insurance Services Office (ISO) performed an audit of the department to rate the effectiveness of the department. The building department previously received a 5 from a scale of 1- 10, with 1 the best rating. This year the department received a 3. Insurance premiums for new construction are set based on the ISO ratings. It was moved and seconded (Pinkham/Homeier) to contract with Code Consultants Inc. to provide consultant services for the Building Department as outlined above, and it passed unanimously. 2. RESOLUTION #7-06 - APPROVING THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS TO ORANGE BROADBAND. Town Administrator Repola stated Charter Communications has notified the Town that it intends to sell its local cable operation to Orange Broadband. The Town must approve transfer of the current franchise agreement issued by the Town. The existing agreement expires in 2008. The Town has first right of refusal on the sale; however, based upon proprietary information shared with the Town by Charter and recent legislation, staff recommends against exercising that right. The issues involved include the cost to purchase the local operation as well as Colorado law requiring voter approval for a municipality to operate a retail cable operation. Orange Broadband has requested the term of the current franchise agreement be extended 48 months from the current expiration date of July 27,2008. Staff has requested Orange Broadband provide coverage of Town Board and Planning Commission meeting. Trustee Levine stated his disappointment with the lack of representation by Orange Broadband. His concerns stem from the consumer viewpoint that a broadband company would be operating a cable company. He questioned the level of service and pricing structure of the new company. Board of Trustees - May 23,2006 - Page 5 Mayor ProTem Pinkham questioned whether or not 5 hours of government programming a month was adequate to cover the Town meetings. It was moved and seconded (Levine/Pinkham) Resolution #7-06 be approved, and it passed unanimously. 3. RESOLUTION #9-06 - APPROVING TRANSFER OF CBT WATER. Town Attorney White reviewed the Water Lease Agreement between the Town of Estes Park and the Continental Water Bank (CWB) executed on September 27, 2005. The Agreement provided that prior to release of Windy Gap Water pursuant to the terms and conditions of the Lease, CWB would transfer to the Town enough Colorado Big Thompson Water to replace out of priority diversions by users affiliated with CWB. CWB has arranged through a third party the transfer of six units of Colorado Big Thompson Water to the Town. It was moved and seconded (Newsom/Eisenlauer) Resolution #9-06 be approved, and it passed unanimously. 4. APPOINTMENT: ESTES PARK URBAN RENEWAL AUTHORITY. Jim Cope to replace Al Wasson and complete e 5-yr. term, expiring 09/14/09. It was moved and seconded (Pinkham/Newsom) to approve the EPURA appointment, and it passed unanimously. Cope is a CIA graduate. Mayor thanked Mr. Cope for his desire to serve. 5. SALES TAX REPORT. Dir. McFarland reviewed the 1St quarter sales tax data. He stated this year is the 2nd best first quarter with $894,000. Sales tax is 4.8% ahead of 2005 YTD. Mayor ProTem Pinkham stated he is concerned the general merchandise category will continue to suffer as discretionary income decreases. 6. TOWN ADMINISTRATOR REPORT. None. Whereupon Mayor Baudek adjourned the meeting at 8:35 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 25,2006 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 25th day of May, 2006. Committee: Chairman Newsom, Trustees Blackhurst and Eisenlauer Attending: Chairman Newsom and Trustee Blackhurst Also Attending: Chief Richardson, Chief Dorman, Deputy Clerk Schares Absent: Trustee Eisenlauer Chairman Newsom called the meeting to order at 8:00 a.m. POLICE DEPARTMENT. Policy Revisions - Request Approval. Chief Richardson explained the "Evidence Custodian/Patrol Officers Property Recording Responsibilities Policy" was revised to identify the responsibilities of the custodian. Following discussion, the Committee recommends approval of the policy revision. Reports: 1. 1st Quarter Crime Statistics - Sergeant Pass reviewed the 1St quarter 2006 crime rates. Staffing levels were discussed. Chief Richardson stated he would be conducting a comprehensive staffing study. FIRE DEPARTMENT. Acceptance of Mass Casualty Equipment Trailer - Request Approval. Jeff Schanneis, Regional EMS and Trauma Advisory Council (RETAC), explained RETAC obtained Homeland Security grant funding for 6 mass casualty incident (MCI) equipped trailers. The 12 ft. trailers hold supplies for any mass casualty incident that may occur. Estes Park was identified as a critical location for one of these trailers. Staff recommends acceptance of the MCI trailer with provisions, as specified in the existing MOU with Larimer County, with regard to the use of the equipment and availability of equipment purchased with Homeland Security funds. Following discussion, the Committee recommends approval to accept the MCI trailer from RETAC. Reports: 1. Interagency UWI Coordinator - Postponed until June Public Safety Committee meeting. 2. Introduction to Sparky - Jeff Barker gave a demonstration of how Sparky works. Sparky is a remote control operated robot that is used to teach fire prevention and safety. Chief Dorman stated the FD has purchased Sparky and 10 puppets with a theatre using grant funding. There being no further business, Chairman Newsom adjourned the meeting at 8:48 a.m. Suzy Schares, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 1, 2006 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 1St day of June 2006. Committee: Chairman Pinkham Trustees Eisenlauer and Levine Attending: Trustees Eisenlauer and Levine Also Attending: Administrator Repola, Directors Kilsdonk, Joseph and Mitchell, Managers Marsh, Sievers and Wright and Clerk Williamson Absent: Chairman Pinkham Trustee Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. CONVENTION & VISITORS BUREAU Estes Park Heritage Festival Street Closure - Request Approval. Mgr. Wright stated the festival would be held on August 26th and 27th. The festival committee would like to request a street closure from the MacGregor Avenue bus turnout to Park Lane. The Committee recommends staff investigate the impact to the shuttle route and bring the request back to the Committee next month. Auto Extravaganza Car Show Street Closure - Request Approval. Mgr. Wright explained the Estes Park Car Club has requested a car show in Bond Park this August and would like to close the street from MacGregor Avenue bus turnout to Park Lane. The Committee recommends staff investigate the impact to the shuttle route and bring the request back to the Committee next month. Utility Vehicle Replacement (G-115A) - Request Approval. Mgr. Wright stated the Special Events Department currently owns a John Deere Gator that is unable to perform the heavy-duty tasks necessary at the fairgrounds; however, the vehicle would be retained to perform lighter tasks currently performed by the 1982 Cushman Electric Cart (G-101). The Cushman cart has become unreliable, expensive to maintain and increasingly more difficult to find parts. A demo of a Bobcat utility vehicle at the fairgrounds confirmed the vehicle would meet the needs of the department. The following bids were obtained: â€¢ Bobcat of the Rockies, Commerce City / Greeley, CO 2006 Bobcat 2200 4x4 Utility Vehicle $10,547.00 â€¢ Colorado Machinery Co., Ft. Collins, CO 2006 Bobcat 2200 4X4 Utility Vehicle $10,588.20 Staff recommends purchasing the vehicle from the Bobcat of the Rockies. The Committee recommends approval to purchase the budgeted (222-5500-455-34- 98) utility vehicle as outlined above at a cost of $10,547.00. Stanley Park Fairground Performing Art Theatre - Request Direction. Administrator Repola stated the Town Board adopted a goal during the Board Retreat in 2004 to determine the feasibility of building and operating a performing RECORD OF PROCEEDINGS Community Development - June 1, 2006 - Page 2 arts theatre. Various options have been ruled out. The goal team along with a study group of community members has collaborated to develop a theatre concept for the fairground property. The concept is to build a theatre in the southeast corner of the property. This use is consistent with the master plan for the fairgrounds that established a 48,000 sq. ft. building envelope for a non-animal event barn. Thorp Associates was retained to develop concept drawings and construction estimate. AMS Planning and Research completed a pro forma, which estimates annual operating revenues and expenses. The concept includes 12 elements defined by the study group in a building of approximately 13,080 sq. ft. with an estimated construction cost of $3,000,000, not including site preparation. The pro forma report indicates that the annual operating loss would be $201,000 based on a "stable" year; this is assumed to be year three. Administrator Repola discussed the budget options for construction and operation of the theatre: Option 1: Issue Certificates of Participation ("COPs") using the Town Hall as collateral. COPs function much like a mortgage. With Town Hall pledged as collateral, the Town issues bonds in the amount of $3,000,000. The source of funds for repayment is current revenue either from the General Fund or a special revenue fund such as the CVB fund. Annual debt service would be approximately $276,000 assuming twenty-year bonds with a coupon (interest) rate of 5.5%. Option 2: General obligation debt. The Town could assume debt of $3,000,000 and issue general obligation bonds. This financing method would require voter approval and would carry a slightly lower coupon rate. Annual payments would be less than COPs due to the guarantee of property tax revenue as a repayment source of the bonds. Annual debt service would be approximately $264,000 assuming the same circumstance as COPs but with a slightly lower coupon rate of 5%. A levy of approximately 1.8 mills would be required for 20 years to finance this debt. Administrator Repola explained the proceeds from the sale of Lot 4, Stanley Addition could be used to prepare the site. A small portion of the FOSH fund ($425,000) is being used to pay for the design and cost estimates. Other options such as naming rights are being discussed as a potential source of funding. The annual subsidy required to operate the theatre would have to be transferred from the General Fund. The conference center debt of $214,000/yr will be retired in 2008, which would be adequate to fund the annual subsidy for the theatre. Roger Thorp, Thorp Associates, reviewed the history of the Stanley Park Master Plan, specifically the southeast corner reserved for a multiuse building. The proposed building would have a maximum seating capacity of 356 that would be reduced to 300 with an orchestra pit. In order to design and build a cost effective structure, the building would be a simple steel structure with an open design and 2 lean-tos for storage and a preparation area for the performers. The current cost estimate is $3,186,300 that includes a 6% contingency and does not include site preparation, furniture, performance instruments or design fees (10%). The building will exceed the 30-foot height limit and would require a variance. Trustee Levine complemented Mr. Thorp on the design that provides a high quality acoustically tuned facility and is esthetically pleasing. Mayor Baudek expressed the theatre would be beneficial to the community and to the visitors. The Town currently lacks evening entertainment and a performing arts theatre could help extend the stay of visitors. He stated the issue should be presented to the voters. RECORD OF PROCEEDINGS Community Development - June 1, 2006 - Page 3 Trustee Levine stated there is validity in both options; however Option #1 would spread the burden to the sales tax base and allow the entire valley and visitors to pay for the project. After further discussion, the Committee recommends referring the item to the full Board as an action item at the June 27,2006 Town Board meeting. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Advertising â€¢ Communications â€¢ Visitor Center â€¢ Special Events - Jazz Fest & Art Walk Weekend Summary MUSEUM/SENIOR CENTER. Fall River Picnic Area Restroom - Request Approval. Mgr. Sievers stated staff received approval to solicit bids for the design and construction of a small restroom facility on the north side of the river, adjacent to the Fall River Hydro Plant Museum and cottage at the March 9,2006 Public Works Committee. An RFP was distributed to 5 local designer/builders and one proposal for a Preliminary Maximum Price was received from Duggan Builders for $118,065. Alternate locations and construction type have been discussed since the original RFP was distributed. Option #1 - Construct the fully functional restroom on the north side of the river per RFP - $130,265 (Contractor bid plus water and sewer taps) Option #2 - Construct a modern "pit" type restroom west of the picnic structure - $88,000 (25% less than fully functional restroom) Option #3 - Construct the fully functional restroom next to the picnic structure - $174,130 (Staff estimate not including blasting) Staff recommends modifying the project to a modern "pit" toilet and constructing the facility near the current picnic structure with a 25% cost savings over a fully functional restroom. The structure would be constructed to allow future upgrades for running water and flush toilets should the usage support that need. Staff requests approval to negotiate with Duggan Builders to achieve a Guarantee Maximum Price and proceed with construction. Following discussion, the Committee recommends referring the item to the full Board as an action item at the June 13, 2006 Town Board meeting and approval to expend $3,800 (220-4600-462-35-60) for preliminary architectural design through Duggan Builders. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Museum Bi-Monthly â€¢ Senior Center Bi-Monthly COMMUNITY DEVELOPMENT. Knoll-Willows Birch Ruins Structural Repair - Request Approval. Dir. Joseph informed the Committee a State grant was used to perform a structural assessment of the Birch Ruins and repairs were recommended to the masonry. Staff recommends retaining Sterling Holdorf, a National Park employee with experience and training in the repair and maintenance of historic structures, to perform necessary repairs to the ruins at an estimated cost of $4,650. This item was not budgeted for 2006 and if approved would be funded from the Larimer County Open Space fund #220-4600-462-35-60. Dir. Joseph stated the repairs could be deferred RECORD OF PROCEEDINGS Community Development - June 1, 2006 - Page 4 in whole or in part; however, once the platform is complete the structure will receive additional exposure from visitors. The Committee requested this item be tabled until a decision is made on the Fall River picnic ground restroom design and the availability of funds. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Dept. Revenues and Expenditures. â€¢ Air Quality Control Regulations for Commercial Wood Fired Meat Smokers - Dir. Joseph reviewed a letter from Attorney White in which he stated it would be impractical for the Town of Estes Park to regulate this one are of air pollution control due to the fact the State has a comprehensive regulatory program for emission standards and control, and the complexity of adopting and enforcing air quality control standards. The Committee agreed it would be difficult to regulate. Staff has contacted Tom Gonzales of the County Health Department and requested aid in regulating the meat smokers. It is within the County's purview to enforce Federal and State laws regarding opacity. Administrator Repola stated the Town would write a formal letter to the County Health Department to request their assistance in this matter. There being no further business, Trustee Levine adjourned the meeting at 10:16 a.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 8,2006 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 8th day of June, 2006. Committee: Chairman Levine, Trustees Blackhurst and Homeier Attending: All Also Attending: Town Administrator Repola, Construction and Public Facilities Manager Sievers, Public Works Superintendent Mahany, Deputy Clerk Schares Absent: None Chairman Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. 2006 STREET IMPROVEMENT PROGRAM -REQUEST APPROVAL. Mgr. Sievers explained the 2006 Street Improvement Program is divided into three parts; chip seal, overlay, and striping. Staff recommends purchasing the chip seal from A-1 Company in the amount of $35,000 with the work being completed in July. Chip seal may be completed on portions of Brook Dr., Lake Shore Dr., Country Club Dr., East St., Fall River Dr., Fifth St., Steamer Pkwy, Fish Hatchery Rd., Birch Ave., Riverside Dr., High Dr., North Lake Ave., Old Ranger Dr., Stanley Cir., Stanley Ct,, David Dr., Boyd Ln., Ute Ct., Weston Ln., and Driftwood Ave. The overlay will be bid in June with $135,000 budgeted for 2006.. Staff will return in July for approval of the bids. The striping will be purchased and installed in October with a budgeted amount of $5,000. The budget also includes $15,000 to expand the paved portion of the Park Shop parking iot, which was completed during the CVB paving project. Staff recommends proceeding with the 2006 Street Improvement Project expenditures, bidding, and schedules. Following discussion, the Committee recommends approval of the 2006 Street Improvement Program for an amount not to exceed $190,000 as budgeted in account # 101-3100-431.35-60. VISITORS CENTER DETENTION POND - REQUEST APPROVAL. Mgr. Sievers stated the Estes Valley Development Code (EVDC) requires all development to include landscaping and drainage control. The Visitors Center storm drainage retention pond requires final shaping, containment, and retaining walls. The Community Reinvestment Fund budget includes $50,000 for irrigation and landscaping. Staff advertised in the local paper and received one bid from A-1 Excavating of Estes Park at a cost of $8,622 to install a rock retaining wall and a wood rail safety fence around the pond area. Staff recommends approval of the bid from A-1 Excavating of Estes Park in the amount of $8,622 with an additional $378 for any possible earthwork changes. Following discussion, the Committee recommends approval of the bid from A-1 Excavating for the amount of $9000 (Account # 204-5400-544.32-22). TOWN HALL MAINTENANCE UPGRADES - REQUEST APPROVAL. Town Administrator Repola reported $10,000 was originally budgeted to reconstruct the exterior staircase behind Town Hall. It has been determined that the budgeted amount is insufficient. Staff reported that they would be contacting an architect to get drawings and a revised estimate. Staff will return to committee in July with the cost estimate and proposed next steps. RECORD OF PROCEEDINGS Public Works Committee - June 8,2006 - Page 2 CVB SOD - REQUEST APPROVAL. Supt. Mahany explained the Visitors Center needs approximately 7500 sq. ft. of sod around the building. Staff has received the following bids for sod: â€¢ Greenlawn Sod Co (Ft. Collins) Sportstuff $.325 / sq ft x 7500 sq ft = $2,438.00 (est) Bluegrass $.308 / sq ft x 7500 sq ft = $2,310.00 (est) â€¢ Rocky Mtn Sod (Ft. Collins) Sportstuff $.343 / sq ft x 7500 sq ft = $2,573.00 (est) Bluegrass $.318 / sq ft x 7500 sq ft = $2,385.00 (est) Summary - $2,000.00 - Soil (delivered with Bond Park soil) $2,438.00 - Sportstuff sod - delivered and installed (est) $4,438.00 = Total sod and soil (est) Staff recommends purchasing Sportstuff Sod from Greenlawn Sod Co. for a cost of $2,438 with an additional cost of $2,000 for soil, which was delivered during the Bond Park project. Following discussion, the Committee recommends approval to proceed with the purchase of the sod froni Greenlawn Sod Co. for the amount of $2,438 and the soil in the amount of $2,000 (Account #204-5400-544.32-22). Trustee Blackhurst questioned the condition of the sod at Bond Park and the excess sod that could not be saved from Bond Park. Supt. Mahany stated some of the sod will require re-seeding, but most of the sod has recovered. The excess sod was a mistake on the part of the sod company and was not salvageable. The Town of Estes Park was not charged for the unused sod. PLAYGROUND EQUIPMENT - REQUEST APPROVAL. Supt. Mahany explained during the 2005 CIRSA property inspection, the playground equipment at Children's and Riverside Parks were found to be non-compliant with industry safety standards. CIRSA recommended the playground equipment be removed due to liability issues. Staff has removed the equipment and recommends using the $35,000 savings from the purchase of the Street Department snowplow truck purchased in May 2006 to replace the playground equipment (which will be charged to the Parks Department budget within the General Fund). Following discussion, the Committee recommends approval to proceed with obtaining bids and purchase the playground equipment. Playground equipment safety inspection training for Parks Dept staff has been arranged for later this summer. REMODEL WEST VESTIBULE - REQUEST APPROVAL. Mgr. Sievers reported the site assessment and report conducted by Thorp - Associates in 2001 showed the Town Hall interior space could be used more efficiently. One suggestion given was to delete the south and the west public access points. The south vestibule has been remodeled into an office for IT. Staff recommends converting the west vestibule into an office. Following discussion, the Committee recommends leaving the entrance until staff can identify a specific use for the space. REPORTS. 1. CDOT HWY 34 REPAIR - Hwy 34 repair is currently running ahead of schedule. 2. CDOT HWY 34 CHIPSEAL - CDOT will begin a Chip Seal project on Hwy 34 in July from Drake to Estes Park. 3. FISH CREEK TRAIL UPDATE -The trail project is currently out to bid. 4. CVB SITE WORK - LANDSCAPING - Irrigation will be completed in the next two weeks and sod will be laid. 5. BOND PARK UPDATE - The information building will be delivered and will open tomorrow. The building will not have electricity this year. RECORD OF PROCEEDINGS Public Works Committee - June 8,2006 - Page 3 Miscellaneous. None. There being no further business, Chairman Levine adjourned the meeting at 9:33 a.m. Suzy Schares, Deputy Town Clerk Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Jackie Williamson, Town Clerk Date: June 8,2006 Subject Liquor-License Transfer - Smiling Elk Restaurant Background: The Smiling Elk Restaurant located at 205 Virginia Dr. #501 is operating under the Hotel and Restaurant license held by Gregg Sunfield dba THE GALLERY RESTAURANT. The Trail Inn LLC is requesting a transfer of the liquor license that expires on September 20, 2006. The previous owner Mr. Sunfield closed the Gallery Restaurant earlier this year. Trails Inn, LLC filed a formal eviction through Larimer County Court in April and received possession of the property on April 21, 2006. This license is being transferred by operation of law - Regulation 47-304. Trail Inn LLC has submitted all necessary paperwork and payments. A temporary license was issued on May 2,2006. The Town Clerk's office has reviewed the Town Board's policy for TIPS training and the applicant is in the process of scheduling the training. Budget: N/A Action: Staff recommends approval of the Transfer of Ownership Application filed by the Trail Inn LLC. 1 February 23,2006 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: M The application was filed Mav 2,2006 M The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Limited Liability Corporation. 0 There is a police report with regard to the investigation of the applicants. 0 Status of TIP.S. Training: X Unscheduled Scheduled Completed MOTION: Move the Transfer Application filed by Trail Inn LLC , doing business as SMILING ELK RESTAURANT for a Hotel and Restaurant License be approved/denied. DR 8404 (10/28/04) Page 1 ~ ~ DEPARTMENT USE ONLY COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION PERSONAL Â£ NEW LICENSE ,~<TRANSFER OFOWNERSHIP D LiCENSEA*NEWAL J ;CONFIDENT/A Â£ Â· . ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN Â· APPLICANT MUST CHECKÂ·THE APPROPRIATE BOX(ES) 0 3 Â· LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE (Call 303-370-2165) ~ 1. Applicant-is applying asa. .El Ihdividual E Corporation . B'Limited Ltability Company U Partnership (includes Limited Liabijity ahd Husband and Wife Partne,/shigs). , â€ž.' 0 Association or Other ~ 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partnets names; if corporatiÂ®lÂ·name ofdorporation .Fein Number Â· TAA-,6 -IN .4 LLC_ . 90 + 110 1 5-94 2a.Trade Name of Establishment (DE381 'State Sales TaxÂ·No. .. Business,I*thone SrhIL/NG &141_ )02.Li-*02*A>r 41-1-14(6 9105-171- (**90 3. Address of Premises *ecify exact location of premises) 1....39 . 4-06 Vjminip DF, 46- 40/ Culf 95 4 5.sks Uk CD aug (.A/U m E-,L 00 80 5-1 =1- State ZIP Code 4. Mailing Address (Number and Street) State ZIP Code PO -TM) W U:z-2- (4 or TES les A~WL- CO 5. If the. premises currently have a liquor or beer license, you MUST answer the.following questions:- Present Trade Name of EstablistÂ»ent (DBA) - ~ Present Slate License,No. Present Clags of Lic@ofe Present Expiration Date . 11kt GLLE,u,r /*r 4 SAÂ·L 61!-331%4 16Â¥ttp*Ke-*uk- . O,/19/06 IJAB : A-SECTIONA .49-Â·NONBEFUNDABLE*AP.9,60*1ON FEES-, .11IABED SECTI,ON 8*CONT.,10>4{14Â«2 -- . 11*UOR.LICENSE.FEES , : 2300 "[3 Application Fee for New+License .......,..........2............... $825.00 1985 _ Resort Complex License (City) .................*72...Â·.. $500.00. 302 0 Application Fee forÂ·New License - 1986 - Resort Complex License (County)............2...2...... $500.00 w/Concurrent Review ~ + $925 00 1988 - Add Related Facility td'Resort Complex.2$ 76:00 X Total 2310 M Application Fee for Transfer $825.00 1990 - Club License (City) ..............,................... $308.75 2312 t]Application Fee for Transfer-Â· ~ * ~ ~" 1991 Z Club Lice,iselCounty) ....................3......... $308.75 w/Concurrent Review.................................................... $925:00 Â· 2010 Z Tavern License (City) ..................:........1 $500.00 Â·iii*B fÂ·%2262*10*VIB~:t~#~' ~:,~:4â€ž.4*MQUO'AtidE}45gFEE#1 2011 -Pavern License (County.)........................... $500.00 ~ ~ 1905 Il Retail Gaming Tavern License (City) ........................,... $500.00 2012 _ Manager Registration - Tavern .........2...... $ -75.00 1906 0 Retail Gaming Tavern License (County),,..,..,,,,....., $500 00 2020 Z Arts Ucense (Cjty) ,.,,,.,,.,.,......,..,.,.,,.,......, $5308.75 1940 0 Retail Liquor Store License (City) ................................. $227.50 2021 Arts License (County) .1............................. $308.75 1941 Il Retail Liquor Store License (County) .........................Â·... $312.50 2030 - Racetrack License (City) .......................... $500.00 1950 C] Liquor Licensed Drugstore (City) $227,50 2031 Z Racetrack License (County) Â·....,................ $500.00 1951 0 Liquor Licensed Drugstore (County) ............................. $312.50 2040 - Optional Premises License (City) .......... $500.00 $351 $25 2041 - Optional Premises License (County) ........ $500.00. . 1960 .0 Beer and Wine License (City) 1961 0 Beer and Wine License (County) ................................. $436.25 2045_ Vintners Restaurant Licens@ (City) .Â·i.,Â·Â·Â·Â·Â·Â·Â· $750:00 - 1970 El Hotel and Restaurant License (City) ....:...................,.... $500.00 2046 Z Vintnets Restaurant License (Co'unty)'.Â·..... $750*.00 1971 0' Hotel and Restaurant License (County) ........................ ~$500.00 2220 2.Addbptional Premi.ses to 11&R.............. $100.00 X-Total _ 1975 E] Brew Pub License (City) Â· Â· $750.00 2370 _ Nlaster File Location Fee ..................â€ž... $: 25.00 X Total 1976 0 Brew Pub.License (County) $750,00 2375 Z Master File Background._U...................$250.00 X !,. Total - 1980 %Hotel andÂ·Restaurant License w/opt premises (City).... $500.00 1981 0 -Hotel and Restaurant License w/opt premises (County) $500.00 1983 C] Manager Registration -H&R ....................................... $ 75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Account Number Liability Datel ; License Issued Through (Expiration Date) FROM TO State City County Managers Reg . -750 (999) 2180-100 (999) 2'190-100 (999) -750 (999) Cash Fund Now.Ucense Cash Fund Transfer License TOTAL 2300-100 2310-100 (999) . (999) PERSONAL DR 8404 (10/28/04) Page 3 CONFIDENTIA!. 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? . ~ 70 7. Has the. applicant (including any of the partners, it a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcohol beverage license? ... (b) had an alcohol beverage license suspended or revoked? '3961 -t '. ~ 0. (c) had interest inÂ· another entity that had an alcohol beverage license suspehded or'revoked? If you answered yes to 78, b or c, explain in detail on a Â·separate sheet. 8. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. . - t 9. Â· Are the premises to be licensed within 500 feet otany public or private school that meets compulsory education requirements of .. 012 Colorado law, or the principal campus of any college, university or seminary? Â· 10.. Has a liquor dr beer license ever been.issued to the applicant (induding any ofthe partners, if a partnership; members or manager if a limited liability company; or officers, stockhoiders or directors if a corp-~ratiori)?.lf'yes;.identify the name of the business and list any current or former financial interest in.said business including any loans to or.from , 1}qmnsee. Â· -Â·.Â·. 11. Does the Applicant as listed on line 2 ofthis application, have,legal pods.essionÂ·of theÂ·premises for at least.1 year from the date that Â· thi, license will be issued by virtue.of ownership, lease or other arrangement? z<Â·, 0 Ownership ~ ~-El.. Lease .C] . Other (Explain in Detail) Â· Â· 90 a. If leased, list ndme of landlord and tenant, and date of expiration, EXACTLY as they appear-on the lease: Landlord ' Tenant ~ Expires Attach a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery,.walls, partitions, entrances, exits and What each room. shall be utilized for in this business. This diagramshouId be no larger than 8 1/2" X 11'7 (Doesn't have> to be to scale) 12. Who, besides the-owners listed in this application (including persons, firms,'partnerships, corporations, limited liability companies), Will.loan or give money; inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NE}- NAME Â· DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments, and any written +agreement, or datails of any oral agreement, by which any person (including partnerships, corporations, limited liawlity companied, etc.) will share in the profit.or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No Has a local ordinance or resolution authorizing optional bremises been adopted? f. 0 Number of separate Optional Premises areas requested.- _Â·, : (See Ucense Fee Chart) 14. Liquor Licensed Drug Store applicants, answer the following: (a) Â· Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of. - . . . Yes Ato Pharmacy? COPY MOST BEATTACHED. ~ '' ~+ ''~ '~ Â·Â· .~ 1%, 8__< 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a.national, social, fiaternal, patriotic, political.or athletic purpose and , m r not for pecuniary gain? (b)Is the applicant organization a regularly chartered branch, lodge or chapter of a.national organization which is 1 . Â· Of ; ~operated solely for the object of a patriotic or fraternal organization or sociefy;but not forpecuniarygain? Â· 3 7 2. (c) How long has the club been incorporated? (d) How long Tiah applicant octupied the premis-ds .Â· r. (Three years required) to be licensed as a club'j (Three years required) 16. Brew-Pub License or Vintner Restaurant Applicants answer the following: Ka) : Has the applicant received or applied for a Federal Permit? - Il I (Copy of permit or application must be attached) Date ot Birth 17a. Name of Manager (forallon-premises applicants) Â¢fla~s.L /2 b~*~iti~ (lf this is..an application for a Hotel, Restaurant or Tavern License, the manager must also submit an Individual History Reed.rd t[jR 8404-1). 0 *D / 69 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. 1 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest ma in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, Â·provide an explanation and include copies of any payment agreements. PERSONAL DR 8404 (10/28/04) Page 4 CONFIDENTIAL 19. If applicant is a corporation, partnership, association or limited. liability company, applicant must list ALL OFFICERS, DIRECTOHS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members with OWNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 84044 (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED* CAR-bi ERDÂ»N %% Pm,pedâ‚¬- PL 2612% RZ,80 4/0,746 V. 943 56 LbUE- BÂ£* U; 1 1% Ca/rwrn (N- LD V.ila.,440 611*,9 Â»6-5 -Lâ‚¬ tfz.NA/1, 6*0 Â»4 CIDe Omspot Pk ,EdesPL,G.0 f #14144 membw / o 9.61 & Â¢/Nfo 4 41 b 10+h U (g 81Â·ka.Â©6#9 Ak . .me,n. b.gr l o *t ; .':.- r L *If tot@ ownership percentage disclosed here does not total'100%Â·applicant must ch#bli IRis box Â· - C Applicant affirms that no individual other than these disclosed herein, 04ris 10% 02 +more of the applicant Â· p, ~ Additional Documents to be submitted by type of entity ... ~ CORPORATIONÂ·: .~. Cert. of Incorp. E~ Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. Of a foreign corp.) ~ PARTNERSHIP ~ Partnership Agreement (General or Limited) El Husband and Wife partnership (no written agreement) 2(LIMITED LIABILITY COMPANY ~ Articles of Organization U Cert. of Authority (if foreign company) ~M Operating Agrmt. E ASSOCIATION OR OTHER . Attach copy of agreements creating association or relationship between the parties RWhist~[ed Acent (if,ipplicable) 1 Address for Service 3%,JL.3)- 44-J ADS V)ro) n; 9 AD, .4% Edes PaÂ«L if-:4*v-,a'~-n -,Sâ‚¬.9.. .I, pyA'~--4%iÂ·c,a ..,r,y~.~*/:Cl,242340-42 :.2~,4,;t.L~ Â·-â€¢ :v ..1-,Fibli'3473?f~.24;242 *-lt-OU-~.y~-..- NYM:, :4 -.It r. *declar'd.*47-b*t-y.di.*hyrtiMif~9*84,9**tjhjÂ¢hpplicafdâ‚¬and ail:*itÂ®hi~,9800,6~4*rm@00-oompletd i:to'.%6044.4 9-.kt}8*-dad4!,4Â§156:arEREawledde:thatÂ·f<i*my'f@sptihgibiliftand the rie*6(lai Bi**Giv,%0681&andkmplogeds *-0*63*,hy, 4.~4,~<~,.~~-9~~1,,~*'rit~1~2~~9~-r d:Z~%1~tfh~tfb11,-fiÂ« 93~1%~~~~lf*~70~~ #**=~,4-- ~ I.t 6thc~ked Signature Title ~ I Date -Ag.A.:0 8-'luc- fee.stch.rj<' 18 4-LA[M Llk. 1 4 4 4,06 t.iKE (,Â©444#Al*41 'PifuR'Net#Sple#qi*914)k,4,.14 2.ft#i#.~S.-,Â·~is?4-<Â¢9.-4%4#:tiot,Trifi)(3,9,91426:521%/f -5Â·7-3*.4 ,~br>.2~jtt .-taREPORI:AND,APPROVADOE'LBOAE.1.:ICENSING-*UTHORITY#.IT.Â¥fdOUNIY)tiÂ«As ~.....c V: :1>~ 111 L. 'i, t t Â· :'Â·2~Â· ' -NtÂ·Â¢hÂ·~;--- -'2' Jkkite~k-rr 3. .â€¢ 44.- . .. 2 .YA V JRA -: - L -19 ..12 , * . '- Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. 5/2. bG THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-1 (Individual History Record) has: Yes No -00 U Been fingerprinted E Been subject to background investigation, including NCIC/CCIC check for. outstagding warrants 0 0 That the local authority has conducted, 6r intends to conduct, an inspection of the proposed. pfdthises to ensure that the applidant is in - compliance with, and aware of, liquor code provisions affecting their class of license ...........,.;,s..~...........................................1.:1....:i.Â·:;.~........U U (Check One) Â£ Date of Inspection or Anticipated Date C] Upon approval of state licensing authority. The fdregoing application has been examined; and thepremises, business to be conducted, and character of the applicant are satisfactory. Wedo reportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS 'APPROVED. Local Licensing Authority for Telephone Number El TOWN, CITY Â£ COUNTY Signature Title Date Signature (attest) Title Date COLORADO DEPAKIMENT OF REVENUE . LIQUOR ENFORCEMENT DIVISION ~ 1881 PIERCE STREET RM 108A DENVER CO 80261 MUST BE ACCOMPANIED BY INDIVIDUAL FINGERPRINT INDIVIDUAL HISTORY RECO POLICE DEPARTMENT REfRDS OBTAINED FROM THE ToÂ· be completed by each individual applicant, all general pirtners of a partnership, and limited pal-tn6rs owning 10% (or more) of a ership; all officers Â·and directors- of a corporation, andÂ· stockholders of a corporation owningÂ· 10% (6r more) of the stock of s orporation; all Â·limited liability company MANAG/NG members, and officers or other limited liability company members with a 10%-(or more) ownership interest in such company and all manaders ofÂ·a Hotel and Restaurantor. a Tavern.License. NOTICE: ThisÂ·individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered.in their entirety or yout.application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will Jeopardize the application as such falsehood within itself constitutes evidence regarding the character of theapplicant. - 1. Name of Business . -~-t-(tA- 1 L 4ht,N jLLG 16-4 â‚¬7716*Co Ezâ‚¬ ~ 94924:4-Â» r:Â· i 2. Your Full Name (last, first, middÂ» - . . 3. List any dther names you have used. 540 10'9*.3 6/9-42 23 rT , 4. Mailing address.(if different from residence) Home Telephone 335? EÂ« 52.-2--2 , 25/i'5~Â·/414'. toÂ·*67Â·y* 7Â£9 ~c~/5- 6% 65-/Â· 5. List all residence addresses below. Include durrent and previous addressesÂ· for the past five years. ' STREET AND NUMBER CITY, STATE, ZIP FROM .TO Current 9 83 Drospect--2 k bt. (66 244Â· 8 202-72 44,>Â»0/ /42Â·0~ .0 Previous *114 1-}40Â·h 90- (>00.6dn.,rej A)E :4:04+6/n b--u/rq, 102 69/32 Â·15471.99 41.*p ~ 6. List all current and former employers or businesses engaged in within the last fiv6 years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELA FROM TO ob ~ _IiÂ«Â· 110 07<Atni AIL>VILLEigwÂ· pk,Co 926% g~t~.Â·3< ido?reÂ·*+ i 111* LL *t4N LLU : got-V/4-1 40*4.602##MP V, Pas.- \6/1644Â»Â« gos-13- 7. List the name(s) of relatives workjng in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE Â·RELATIONSHIP TO YOU POSITION HELD | NAME OF LICENSEE 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or.fixtures, equipment or inventory, to any liquor or beer licensee? If yes,. answer In detail,~ [3 Yes PNO 9. Have you ever received a violation notice suspensiorlor.revocation, for a liquor law violation,-or have you apiblied for.or been denied-a liquor or beer license anywhere in the U.S.? If yes, explain ih detail. Â· Â· [3 Yes ~'No PERSONAL CONFIDENTIAL - 10, Have you ever been convicted of a crime or received a suspended sentence, defer'Ted sentence, or forfeited bail for any offense in criminal or military court .~ or do yqW haye any charges pending? Include arrests for DU! and DWAI. (If yes, explain in detail.> ~ Yes.g~No 1 11.Are yqu currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in det E Yes g[No 12, Havlyou,ver had any STATE issued licenses suspended, revoked, or denied including a driv*ers license?Â· Of yes, explainln detail.) O Yes J*o PERSONAL AND FINANCIAL INFORMATION Unless.otherwise provided by law in 24-72-204 C.R.S., informatiqn provided below, will be treated as CONFIDENTIAL. . . Colorado.liquor licensing authorities require the following personal Information in.order to determine your suitability for licensure pursuant toÂ·12-47-307 C.R.S. 13a.. Date of Birth - ' b..Social Securitx.Number SSN , c. Place of Birth Â· - d. U.S. Citizen? 4101Â·146 5Dto-51/18 Â»/ ryÂ»Cio K, Nar R[Yes - O No: Â·' e. If Naturalized, State where â€ž Â· . f. When . . g. Name of District Court Â·' . h. Naturalization Certificate Number I. Date of.Certification j..If an Allen, Give Alien's Registratipn Card Number. k. Permanent. Residence.Card.Number 1. Height m. Weight.n. Hair Color o. Eye Color p. Sex Â· ~ Â·Â·q. Racej,r. go.you have a current Driver's License? If so, give number and 5tate E' 02 :1 60 -Bet -EAN * 0xes 040 * Co 24 96A- 02 81--24 2/ 3 14. Financial Information. a. Total purchase price $ MA , ' Of buying an existing business) or. investment being made by theapplying entity, corporation,*. partriershib; limited liability company, other $ b. List the total amount of youf investment in this business including any notes, loans, cash, servicfs or equipment,Â·operating capital; . Â· stock purchases and fee's paid $ c. Provide details of Investment. You must account for the sources 6f ALLÂ·cash (how ac4uired); Attach a separate sheet if needed. Type: Cash, Services or Equipment Source:Name of Bank; Accouht Type and Number Amount i d. Loan Information (attach copies of al! notes or loans) Name of Lender and AccountNumber Address Term Security , Amount r , 15. Give name of bank where business account will be maintained; Account Name and Account Number; and the name or names of persons authorized to draw thereon. f, 261- ht AT' L e>A#,A. d Â¢ â‚¬ire; 944.Ki CO - -Frlâ€¢*1 4 1,41â€¢. OPA t.- u â€¢44 EL-k.Â· e Â£57-0 LE&112 D Ra<#54 4- Caâ‚¬Â»L- Ck.~ 9,2.C>uÂ»1 MC-r +b 6,245- Oath of Applicant I declare under penaltyÂ·of Â·perjury in the ~second degree that this application and all attachments are true, correct, and complete to the bes My knowledge. . -1 -. Authc~~ 4-i&b-x*" Titl 944/ /9GZ~ 25 Date / 4Â·/0-5'joG --6 -u r.uiVOirt~lViblJ lj~ COLORADO DEPARTMENT OF REVENUE ' Â· . INDIVIDUAL FINGERPRINT LIQUOR ENFORCEMENT DIVISION. 1881 PIERCE STREET RM 108A CARDS OBTAINED FROM THI DENVER CO'80261 INDIVIDUAL HISTORY RECORD POLICE DEPARTMENT ToÂ· ~ ompleted by each individual applicant, all general: partners of a partnership, and limited partners owning 10% tor more) of a :rship; all officers Â·and directors of a corporation, andÂ· stockholders of a corporation owningÂ· 10% (or more) of the stockÂ· of suc., Jrporation; allÂ·limited liability -company MANAG/NG members, and officers or other limited liability company members 'withÂ· a 10% (or more) ownership interest in such company and all managers of a Hotel and Rastaurant or. a Tavern License. NOTICE: ThisÂ·individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered.in their entirety or yout.application- may be delayed or not processed. EVERY answer you give will be checkedÂ·for itstruthfulness. A deliberate falsehood or omission will Jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business . 7;0+L; CEPLv 66,6 OBA ' SA#.446 E.ud-- 2Â£~slAURA.* 2.Â· Your Full Name (last, first, middle) Â· 3.Â·List any other names you have used. Â£46419, PEÂ»A//4 â‚¬,Â· 4. Mailing addresd (if different from residencÂ® Home Telephone. Po- -bvi-Â· 53Â« tsfecu kAn 82%65\-4- 9-70 4%/ r D 46-6 5. List all residence addresses below. Include Current and previous addresses-forthe past five years. Â· STREET AND NUMBER CITY, STATE, ZIP FROM TO Current . A Rid V)-0Â£pule DIL Dr. ~ Rek-Â£24-k, 6>166-7/Â·*oe- Previous / U % / 1}h 9 (poitum bwr,9 /02Â·69Â£31{ ti*n'20<06 9~-lbbl- 6. List allÂ·currentand former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO 5*u.,aÂ¢-f 6-,i-1 416 -jEN,4 il 6 iber- V) 4fÂ·,74 /bk. toliAâ€¢+ECYUna-45'Â· 4/1.04 PreÂ».4 040 -40, z.zo 0,?r/, i# " 2.)/0' 66~7Â£ Jeenkas .44~,0 4Â»yi, 6 41-cm aork L Arh/6 Â¥#MIaL C-TX - C*. v' 6-11- Pi lok 957 %044 7.*-List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. | NAME OF RELATIVE Â·RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE | 8. Have you ever applied for, held, or had an interesi in a State of Colorado Liquor or Beer License, or loahed money, furniture or fixtures, equipment or inventory,. to any liquor or beer licensee? If yes, answer in detail. U Yes '0 No 9. Have you ever received a violation notice suspension. or:revocation, for a liquor law violation, or have.you applied fororbeen denieda liquor orbeer ~ license anywhere in the U.S.?.If yes, explain in detail. 2 Yes 6~1*No PERSONAL CONFIDENTIAL -. 0.. ~60Â»W 11. Are you gwrrently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? Of yes, explain in det 5 Yes 374No 12. Have you Nver had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes,.explain in detail.) C]Yes IXAo i J. .. PERSONAL AND FINANCIAL INFORMATION~ ~f~~ ..' Unless otherwise :provided by lawin 24-72-204 C.R.S., information provided below will be treated as*CONFIDENTIAL. .: Colorado liquor licensing authorities require tlie following personalinformation inorder to determine your suitability for licensure pursuant to 12-47-307 C.R.S. d. U,S.Â·Citizen? 13a., Date of Birth - b. Social Security NumberÂ·SSN c. Place of Birth 12Â·114 /44- 4 15-08 :*Â·~60Â· 6%1 q Le}4 Â·Vi ew 1. Y\JA tee& Â· ZE No ' ~ e..If Nituralizdd, State where.. ~ ., ,.... - f. When ' 5 Naine of District Court '. . 2.Â· h. Naturalization Cenificate Number -.. ~ 1..Date of.Certification j..If art Ali.en, Give Alien's Registration Card Number k. Rermanent Residence Card.Number t Height m. Weight . n. Hair Color o. Eye.Color p, Sex ..4. Racp r. Do you have a curwnt Driver's License? If so,.give number and state , . 5' #j '206 (biay *0 lile, . rY\~ rv t"S ONO ' ltD 4. Financial Information. * N Pr . Total purchase price $ Â· - W buying an existing' business) or investment being made by the applying entity,Â·Â·corporation, artnership, limited liability compan*other $ List the total amount of your. investment in this business Including any.notes, loans, cash, services or equipment, operating capital, , ick purchaaes and fees paid $ Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. pe: Cash, Services or Equipment Â° Source:Name of Bank; Account Type and Number Amount ian Information (attach copies of all notes or loans) ne of Lender and Account Number ~ Address Term ' Security Amount ~ .. 3 name of bank where bosiness account will be maintained; Account Name and Account Number: and the name or names of persons torized to draw thereon. WArâ€¢L e.44Â£ eq: ES*Â·6 qb,06 CO.- .."10..1~_ ,-u 96Â¢4 LA-uNW SUC- 9.*ST U E D ALO.2-4 + e.ne>L- 4. 916,.m# Accrr * L.=.4*- Oath of Applicant , under penaky of perjury in the hecond degree that this application and all attachments are true, correct, and complete to the best of 'tedge. d Signatpr,r jâ‚¬f' Title Date l/'llun bu- 570= /6 6 urro-w-; â„¢i,-u,vu, . MUbl 138 ALLU]Â¥1TAI,161) 8 10 COLORADO DEPARTMENT OF REVENUE UauoR ENFORCEMENT DIVISION ~ '~ . , . INDIVIDUAL FINGERPRINT 1881 PIERCE STREET RM 108A DENVER CO 80261 CARDS OBTAINED FROM THE INDIVIDUAL HISTORY RECORd~LICE DEPARTMENT To - completed byeach individual applicant, all general partners of a partnership, and limited partners owning 10% (or more) of a ership; all officers Â·and directors of a corporation, andÂ· stockholders of a corporation owningÂ· 10% (or more) of the stock of SU w., corporation; all -limited liability company MANAG/NG members, and officers or other limited liability company members withÂ· a 10% (or more) ownerthip interest in sugh.cbmpany and all managers of a Hotel and Restaurant or a Tavern 4icense. 1 NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation, 'AllÂ·questions must be answered in their entirety.or your.application may be delayed or not processed. EVERY.answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the appljcation as such falsehood ~ within itself constitutes evidence regarding the character of the applicant. 1. Name of Business.--- ,/' : r- 0,Â£1 -1- Ple . L.Z.*, C-, DS# S*-L-~u~ EUL IZEST* il..-rr Â· 12. Your Full Name (last, first middle). Â· ~ .. 3. List any other+names you have use.d. A ' 1 -Ai Vi ~ ., /, . 1 374 Val p : a.7-ri q - 1 4 7-0 M 4. Mailing. address (if diffefent from residence Home Telephone 651 50.52 rk 63663 529- 232<7 ~ 5. List all residence addresses below. Include turrent nd previous addresses for the past five years. . STREET AND NUMBER CITY, STATE, ZIP FROM , Â·TO Current 196â‚¬l st:Ceo 5f-rt,I- B r Ad.y, NE 69/QK %*3 h,â‚¬ed- . Previous im 13-115/i . (2 04,/tiÂ« MEd?* ~ /9-7/ 3~220-5 6. List all current and formel employers or businesses engÂ·agod in within the last fiva yearstAitach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM Â· ~ TO Mi 6â€¢10,1 / 9 97 hes4 th-1- ~ i v~ UG H /6 / Dll:Â·544Â»X -u>t G 0464 9/.AE 49/3 r ~ 49 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE Â·RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE I 8. Have you ever applied for, held, or had an interesi in a State of Colorado Liquor or Beer License, or loaned.money, furniture or fixtures, equipment or ~ inventory, to any liquor or beer licensee?.If yes, answer in detail. Â¤ Yes ~40 . 9. Have you ever received a violation notice susp?nsion,.or revocation,Â· for a liquorÂ·law.violation, orÂ· hAve you applied for'or been-denied a liquoror beer . ~ license anywhere in the U.S.?.If yes, explain in detail. E] Yes ~&No 577RSONAL CONFIDENTIAL 1 +1 u. nave you ever been convicted of a crime or recgived a suspended sentence, deferred sentence, or forfeited bail for any offense in ~minal or mildry court- Â·~ or do you have any charges pending? Inclade afrests for DUI and DWAI. (Ifyes, explain in detail.> 5 Yes KN~ 11. Are you currently under probation (supervised or unsupervised), parole, or completing.the requirements of a deferred sentence? Of yes, explain.in det C]Yes '~No 12. Have yOLI ever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (Ifyes, explain in detail,) OYes *0 - PERSONAL AND FINANCIAL INFORMATION Â· Unless otherwise provided by law in 24-72-204 C,R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a. Dde:of Bitih Â·Â·.Â· b. Social Security lifumber SSN -. c. Plac, 0(Birth - 'Â· . Â· d. U.S. Citizen? 5//6/5 9 0 01-7 9-9.6Â¥7 All; Ance, NE : 0' ' '~es ' O No ~ ~ e. If Naturitzed, State where f. When 1--ff an Alien, Give Allen's Registration Ca~I:Ier k Permanent Residence Card Number h. Naturalization Certificate Number 1. Date of Certification , 1 . . -BOW/, m. 99'ght n.'i?ir Color o. Eye Color -p. Sex 9. Rap r. Do you have a current Driver's License? If so, give number and statay.Â·e, I b 7 \7 Y O Or 81 14 1/1/ *Yes .C]No . . . 7 i 8- ' -O.k , 1 14. Financial Information. a. Total purchase price S (lf buying anexisting business) or investment heing made by the'applying entity, corporatigni partriership, limited liability company, other $.Â· Â· b~ List the total amount of.your investrpent in this business Including any nofes, iloans, cash, services orequipment,operating capital, stockÂ·purchases and fees paid $ 4 1 68, Dao. OD c. Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a. separate sheet if needed. Type: Cash, Services or Equipment , Source:Name of Bank; Account Type and Number Amount CU A ' 2 First 5+Od.k : 311.059 t/5)020.8 CS+Irvâ‚¬ 044 -rhy 1/ ="90~ \@548Â»40 Person i rrom Wâ‚¬>, /00*- d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number * Address Term Security Â·' ~ Â· Amount ~ i.. .1 1 15. Give name of bank where business account will be maintained; Account Name and Account Number; and the name or names ot persons ' authorized to draw thereon. 9Â«Lee WAY,i U,-:- 04 e.freS 9~4.EL, Ca - lqÂ».u_ :32...w OBA 6/*LA#G ER-M- 922.- ~ IALL-LG- A ?,e.câ€¢..Â»O +- C,EMU:St 'B Stet-â€¢:A Aux 4Â£ 62*47 Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, anti complete to thebest rhy knowledge. Authorized*;6GiI- ~3--1/7 c// - Title A. - Date -4AAANÂ»Jr FAAALI~ M *ar 5//O/4 1 1 i M county courr I i- Urimer CounIy. Colorado Court Address: 810 E. 10' Streer, Suive 110 1.oveland. CO 80537 CopF M.intiff(s) TRAIL INN, Ile A COURT USE ONLÂ¥ Defendant (4) GREGG SUNEmLD -' Ationicy or Party Withoul Attorney (Name and Address): ~ Case Number: Ch.:10 D. Sixton CHARLES SAXTON & ASSOCIATES 06C200689 1 353 Main Street 1 I.on:mont. CO 80501 Division Courtroom Phone Number: 303-776-6911 E-mail: 1 ~*tonlaw@ wielnet.Â©c ~ FAX Number: 301-7766916 Atty. Reg. #: 1418 ORDER FOR POSSESSION ~ THTS MATIER. coming on ro be 1â€¢:aâ€¢d this 21" day of A,Â£11, 2006 and the Court, being fully appraised.of the mattots hemin, hereby cnmrs judgment in favor of the Plaintiff Trail Inn. LLC *nd against the Defendant Gregg Sunficid for posseSsion of the premises located atÂ· 205 Virginia Drive, formerly de,cribed . Units 12, 13, 17 and 18 ind now described as Units 404,405, 403. 501 and 601, Ems Park Colorado. All damages shail bc decided in Dismict Couzl pursuant W dic DofÂ©ndant's Motion as to transfer. Dated: 4-lai )0 (Q ___ ;*udge 0 Magislne ~_~ Defendant: Oregg Sonficid 212 Welch Lyons, CO 80540 J{)*104 ...Ale/02 MOTION Alâ€¢DOADERFORENTAYO*JUDGMENT EG 35â€¢,1 ~10.LXVS 91:69944â‚¬9% 9Z:ZI 909:/IZ/*0 2 . TOWNiOF MT[LPARI< Police Department June 8,2006 Jackie Williamson, Town Clerk ~ Town of Estes Park Estes Park, CO 80517 RE: Smiling Elk Restaurant Brown, Leslie Dale 05/20/69 Brown, Carol Ann 04/01/46 Brown, Dennis K. - 11/14/44 '-Vinton, Steven P. ' 05/16/59 1. 4 Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above-named persons and business was conducted. There were no reports on the business andithe following reports involving the named individuals are as follows: Leslie Brown : None Carol Brown ' Cited in Harassment Subject in Kidnapping Dennis Brown Suspect in Assault Case Subject in Trespass Victim in Suspicious Circumstances Victim in Criminal Mischief Victim in Theft Subject in Civil Matter Steven Vinton None Sincerely, ASK - 259411* Lowell IWeliardson Chief of Police, Estes Park Police Department P.O. BOX 1287 â€¢ 170 MACGREGOR AVENUE â€¢ ESTES PARK, COLORADO 80517 PHONE: 970-586-4465 â€¢ FAX 970-586-9681 www.estesnet.com/pd 1~l~J Town Clerk's Office Memo To: Honorable' Mayor Baudek Board of Trustees Town Administrator Repola From: Jackie Williamson, Town Clerk Date: June 8,2006 Subject: Liquor-License Transfer - Chelito's Mexican Restaurant Background: Chelito's Mexican Restaurant located ay 145 E. Elkhorn Ave. has a Hotel and Restaurant license held by Regnel, Inc. VJ Regalado LLC is requesting a transfer of the liquor license that will expire on July 16, 2006. Currently, Mr. and Mrs. Regalado own and operate the restaurant.' They have gifted the restaurant to their daughter Velia Regalado. No other changes will be made to the operation at this time. The new owner has submitted all netessary forms and payment. The Town Clerk's office has verified the applicant has completed TIPS training on May 22, 2001 and April 18, 2003. Budget: N/A Action: Staff recommends approval of the Transfer of Ownership Application filed Â· by the VJ Regalado LLC. 1. February 23,2006 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: 0 The application was filed June 1, 2006 E The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Limited Liability Corporation. 0 There is a police report with regard to the investigation of the applicant. 9 Status of T.I.P.S. Training: Unscheduled Scheduled X Completed MOTION: Move the Jransfer Application filed by VJ Regalado LLC , doing business as CHELITO'S MEXICAN RESTAURANT for a Hotel and'Restau/ant License be approved/denied. tÂ· DR 8404 (10/28/04) Page 1 - ~ ~ DEPARTMENT USE ONLY COLORADO DEPARTMENTÂ·OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION m NEW LICENSE Â® TRANSFER OF OWNERSHIP O LICENSEAâ‚¬*IEWAL PER5ONAL Â· ALL ANSWERS MUST BE P. RINTED IN BLACK INK OR TYPEWRITTEN Â· APPLICANT MUST CHECK THE APPROPRIATE FCONADENUAL Â· LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-370-2165) ' 1. Applicant is applying as a El Individual m corporation ; Â® Limited Liability Company U Partnership (includes Limited Liability-and Husb-and and Wife,Partqerships) .,El Association or Other 2. Applicant If an LLC, name of LLC; if partnership, at leastÂ·.2 partner's- names;:if corpdration; name of.corporation Fein Number VJAmalaclo LLG a Â£ f.. 20-4734761 2a.Trade N*rie of Establishment (DBA) - -0 ' Â· .:Â·;State Sales Tax No. Businesp.Telephone Chalitot M exican Restautownk - 1. 42-359/0 970 15 96 - 0886 3. Address of Premises (specify exact location of premises) 145. E. ilkhorn AvtÂ· ard F Loot + City Copnty State ZIP Code Estes Par /<- La-,imer 60 BOSÂ£7 4. Mailing Address (Number and Street) City or Town State ZIP Code PÂ·0Â·80* 1473 Â£ s 6es Pafic- U /0 805#7 5, If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Prisent Class ef License Present Expiration Date fk:9%027-1-N~E~I~IMAPet-IC ~r~O~~~~r~:~~4~SEd#Câ„¢WrtÂ»dkFAZ:SEIFEES.: 300 0 Application Fee for New License ................................ $825.00 1985 Z Resort Complex License (City) ................................. $500.00 302 0 Application Fee for New License - 1986 Z Resort Complex License (County)............................ $500.00 w/Concurrent Review .................... $925 00 1988 - +Add Related Facility to Resort Complex... $ 75.00 X Total 2310 ~ Application Fee for Transfer $825.00 1990 - Club License (City) ................................ $308.75 , 2312 gl Application Fee for Transfer - 1991 Z Club License (County) .............................. $308.75 w/Concurrent Review.................................................... $925.bo 2010 - Tavern License (City) ........................t..... $500.'00 *1*hy:v ~ECTION B i?Â·ilp.?9,4 ,.Â·:iÂ· 2 0- :.Â·41*IQUOR:OCENSE:FEES,{ 2011 Z Tavern License (County) .......................... $500.00 2012 Manager Registration.; Tavern ................ $ 75.00 1905 C Retail Gaming Tavern License (City) ............................ $500.00 1906 C Retail Gaming Tavern License (County) ...................... $500.00 2020 3 Arts License (City) ................................... $308.75 2021 _ Arts License (County)............................... 1940 C Retail Liquor Store License (City) ................................. $227.50 $308.75 1941 C Retail Liquor Store License (County) ............................ $312.50 2030 Z Racetrack License (City) .......................... $500.00 2031 Z Racetrack License (County) ................... $500.00 1950 C Liquor Licensed Drugstore (City) .................................. $227.50 2040 Z Optional Premises License (City) ......... $500.00 1951 C Liquor Licensed Drugstore (County) ............................. $312.50 1960 C Beer and Wine License (City) $436,25 2045 - Vintners Restaurant License (City) ........... $750.00 $351.25 2041 - Optional Premises License (County) ........ $500.00 1961 C Beer and Wine License (County).................................. 1970 M Hotel and Restaurant License (City) $500.00 2046 = Viptners Restaurant License (Codhfy)...... $750.00 1971 C Hotel and Restaurant License (County)................. $500.00 2220 _ Add Optional Premises to H&R ......~....Â·. $|60.00 x Total _ 2370 Z Master File Location Fee ...........................$ 25.00 X Total __ 1975 C Brew Pub License (City) $750.00 2375 - Master File Background.........................2$250.00 X. Total 1976 C Brew Pub License (County) .. $750.00 - 1980 C Hotel and Restaurant License w/opt premises (City) .... $500.00 1981 C Hotel and Restaurant License w/opt premises (County) $500.00 f .4 -' 1983 C Manager Registration-H& R.......................:............... $ 75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY , LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liab'ility Dgte (Expiration Date) ' FROM TO State City , County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) Cash Fund New License Cash Fund Transfer License TOTAL 2300-100 2310-100 (999) (999) DR 8404 (10/28/04) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manage; if a.limited liability company; or officers, stock- Yes No I Â· -Â· holders or directors if a corporation) or manager under the age of twenty-one years? ~ 0 0 1-- 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcohol beverage license? DE (b) had an alcohol beverage licgnse suspended or revoked? ' 049 (c) had interest in another entity that had an alcohol beverage license suspehded or.revoked?.A . . E Â® t 24 -.lf yoli answered-yes tq la, b or c,Â·explairi in detail on a separate sheet. 8. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denidd within the preceding two years? If "yes," explain in detail. Cl E Nk 9. Are the premises to be licensed within 500 feet of any public or private school that meets conlbulsory education requirements -Of m M Colorado law, or the principal campus of any college, university or seminary? Â· 10. Has a liquor or beer license ever been issued to the applicant (including any ofthe partners, if a partnership; members or manager if a De limited tiability company; or officers, stockholders or directors if a corboratioâ‚¬?.lf yus:.identify the name of the business andlist any Â·OE current or former financial interest in said business including any.loans.tp offrornaljoensee..0 11. Does the Applicant, as listed on line 2 of this application, have. legal poisession effthe premisesÂ·for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? ClÂ· Ownership~ .Â® LeaseÂ· 0 Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expirgs / f,1. 04$ A.oc,â€¢6 LLP V:, Ree AL#00 LLC - 9/20407 Attach a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and whateach room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11 ". (Doesn't-have ' to be to scale) 12. -. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies).* :Will loan or give.money, inventory, furniture or equipment to or for use in this business; or who will receive money from this bli*/ssi. Attach a separate sheet if necessary. NAME . DATE OF BIRTH FEIN OR SSN INTEREST Â·.Â·... ' NIA Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which Â· any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross' proceedjf this establidhm'ent, and any agreement relating to the busineÂ§s which is contingent or conditiofial in any way by volume, ~Â·Â· Â· ' profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No Has a local ordinance or resolution authorizing optional premises been adopted? El Â® Number of separate Optional PremigAq Armas rArÂ·~t IAqterl (See License Fee Chart) 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of ~ Yes No Pharmacy? COPY+MUST BE ATTACHED. ~ Â·U E 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purposâ‚¬and 131 2 not for pecuniary gain? , (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is , - 0.0 operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? e (c) How long has the club been incorporated? (d)How long has applicant occupied the premis6s (Three years required) ~ to be licensed as a club? (Three years required) 16. Brew-Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? A c. ~ 3 (Copy of permit or application Â¥nust be attached) Date of Birth 178. ~:2Uitn CragHro{J~~s~aurpactsesv:r~lice:ntsse), thflf:~er 55:lfull ~fbjzz:LO'IRe:Ilt~ oa/*=-/77 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes N licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. m I 18. Tax Distraint Information. Does the applicant or any other person listed on this application and induding its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? ON If yes, provide an explanation and include copies of any payment agreements. PERSONAL DR 8404 (10/28/04) Page 4 19. If applicant is a corporation, partnership, association or limited liability company, applicant m-ust list ALL g*lts"BENÂ¥'al GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members-with OVDNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404-I (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED*- 5 90 L Velia 'Reyl,6-Kneh*,yson- 887 Gabapple U . ida Qty *- Ce Bj 12[ 1 I audgE-' i . AlANAE,EK- 100 F 8097 C - *If total ownership percentage disclosed here does not total 1005â‚¬applicant'must ch@ck this box El Applicant affirms that no individual other than these disclosed herein, owns 18 or more of the applicant , Additional Documents to b; submitted by type of entity ~ CORPORATION ~ Cert. of Incorp. ~| Cert. of Good Standing Â·(if more than 2.yrs. old) ~ Cert..of Auth. (if a foreign corp.) ~ PARTNERSHIP ~ Partnership Agreement{General or Limited) ~ Husband and Wife partnership (no written agreement) Â® LIMITED LIABILITY COMPANY ~ Articles of Organization E Cert. of Authority (if foreign company) El Operating Agr@. -t - El ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) . Address for Service ~ _ St~.2Â·I;.2.4:5~fj,fA~4?i,p., il:rjett ~C:j,. 3:.thyt:*T-9,19~4*RPOÂ¢*~~Aff:2%~titff Â«: :4.$~.'~.5~.4.~.:S.-f.,1~71~, 1:debiÂ«*undef*enalt,:6*,pdoury;Irfaties?494.,idegi:06'iRRfjhjsÂ·Â·~hÂ®liZEQ~*Adjll~ft*fmfiffÂ¢0,Â®tue,Â· cohÂ®tiland.cohjplete to Â®4*60#*44**ZEdÂ»4#69Â¢!Agi;thÂ«%,myÂ»pqhsibiliÂ®*41*te#ppi#ibillty:of 4 46@rit& 44*mployelbs- 46 Â·cb h,13!#*j}RAE.d+tovisibhajof the.Â©516Â¢64Â¢f434~66-f:ok#68Â¢1(644*hÂ£~ Affed.idip lice"Ase.41Â¢12 :5&4*~Â·11%*42*:4~Iyf.~~~~.: Authorized Signature Title Date A grnseR- 5 161%l 06 33EF's;12-1~REMORTAND.ARPROVADOEMBCAE:LIE?ENSIN&:*01*ic,RITA (4**COONÂ»&*t:Â» ' 2 2.- S < 4=#5.0.Yg.WY.p.s.r.:-:~.6 91'!0 ..2.0941~ ..#-4-b.6::.2.2.4-e t.:<.Â·:'1 '.9 .-'1~ .Â·. P v ,-.3 ; .I 2.%~*20*A..t:<b.8:5.-Cril: 4- 29*e.)pf.f:+1 Â·'?f D:U?432*if**'t Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less 6 1 1 I blo than 30 days from date of application 12-47-311 (1)) C.R.S. THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: Â· That each person required to file DR 8404-1 (Individual History Record) has: Yes No 8 Been fingerprintprl D Been subject to background investigation, including NOIC/CCIC check for outstanding warrants ~ ,., ~ 1 That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of license .... 0 0 (Check One) D Date of Inspection or Anticipated Date El Upon approval of state licensing authority. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthatsuch license, if granted, will meet.the reasonable,requirements ofthe neighborhood and thedesires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS'APPROVED. ocal Licensing Authority for Telephone Number .4.'. El TOWN, CITY U COUNTY Signature Title Date Signature (attest) Title Date DR 84044 (01106/05) COLORADO DEPARTMENT OF REVENUE LIQUORÂ·ENFORCEMENT DIVISION ' ' ~~ , PERSONAL MUST BE ACCOMPANED BY 1881 PIERCE STREET RM 108A INDIVIDUAL FINGERPRINT DENVER CO 80261 CONFIDENTIAL CARDS OBTAINED FROM THE INDIVIDUAL HISTORY RECORD POLICE DEPARTMENT Â·Â·r 10Â· impleted by each individual applicant, all general partners of a partnership, and limited partners owning 10% for more) of a rship; all officers and directors of a corporation, andÂ·stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAG/NG members, and officers or other limited liability company members withÂ· a 10% (or more) ownership interest in such -company and all managers of a Hotel and Restaurant or.a Tavern License. NOTICE: ThisÂ·individual history record provides basic information which is necessary for the licensing authority investigation. 1 All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness.-A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business.. 0. Ae h ,6'5 - tn o x i rrin '214 #Ck Urn,1 -1 Â·Â· 2. Your Full Name (last, first, middle) 3. List any other names you have used. ReqqÂ·lajo- Kockeivqsor) r...Velin . 4. Mallihg address (if different from residence)Â· . . Home Telephone - , AS-1,Â· -Cralectpple - f...n. A,)-â‚¬5 ~ Th,cÂ·to los-1-7| 970 'bid-99Â·49 5. List alt-fesidence a'ddiesses below. Include current and previous addresses for the past five years. STREET AND_NUMBER 1. 4 x .CITY STATE, Zle v:wt,1.'x ..1 FROM 3/.2 \ r Â·TO Â· ~ CUrrentÂ·Â·Â· t.1.> ' I ...... , 881 Grabqpple En. Â£~es'Â·. '~ic- CO YC26.130 f\164 l 0'2-- pttses'T Previous . 101 . 'Proo ?ec.4. 44. 99,14 ?ca_ 20305-19 -st,1-~ 66 No<1 ~02 6. List all current and fdrmer empldyers or businesses engaged in within the last five years (Attach sepaI@te sheft if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO l C tdo-6 #CD*4 64 149- E.. 6-\ EL)~14Â¥ ri", ve PM A-PrAGâ‚¬*- i-XA-ibl P/Ust-AT i .1/ .1 14 Â£59* for w Â·,r'G 20_Sl-1 - 9. .: Â·Â·- , 4Â·A , 1,. -Â·1 u v. Â·. Â· \ 7..List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry, NAME OF RELATIVE | RELATIONSHIP TO YOU POSITION HELD | NAME OF LICENSEE Al,6,9 1291*jo aâ„¢Egu ON N EL Chel,+65 tlf,ciron Eark. , IÂ¢@ni Q 434 66 MD 1 H E- tt OW NEÂ¥2- chel, 63 PMU/con. 64- /- I 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loahed monby, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. *1 Yes m No 'Rejolark LLC pBA 1 -71 1 %05 *~rts Bo, a,/ a uwur -bustuad Closed 12-0/ A 9. Have you ever received a violation notice suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer . 1* e anywhere in the U.S.? If yes, explain in detail. ~ Yes Â® No 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court ~ or do you have any charges pending? Include afrests for DUI and DWAI. (If yes, 6xplain in detail.> OYes Â®No i 11. Are you currently under probation <supervised or unsupervised), parole, or completing.the requirements of a deferred sentence? (if yes, explain in detail U Yes E No 12. Have you ever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail.) C] Yes [3No PERSONAL: AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authoMties require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a.. Date of Birth b. Social Security Number SSN Â· c. Place of Birth d. U.S. Citizen? Â· 6% /2.-2 h 1 612_- 95 45 I'2-4 19\ e ?f i CO ~ E]Yes~ Â®No.. e. If Natdralized, State where f. When ~ ~ g. Name of District Court h. Naturalization Certificate Number I. Date of Certification J..If an Alien, Give Alien's Registration.Card Number. k. Permanent-Residence Card ,Number A- 0763%5/62.- , 1: Height m. Weight . n. Hair Color o. Eye Color p. Sex q. Race r. Do you have a current Driver's License? If so, give number and state 9 5' / 40/6 8,*c Ic- 8)Â¥WN - P- As,ANÂ¢c 2?~es inNo 44- 92- /96 -7~ V dou:,MAOO 14. Financial Information.Â· a. Total purchase price $ f6 (4 1 FT/6 (if buying an existing business) or investment being made by the app.lying entity, corporation, partrPership, limited liability company, other $ /0.- b. Ust the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases and feek paid $ ~ a;OÂ·Â· - c. Provide details of Investment You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. , Type: Cash, Services or Equipment Source:Name of Bank; Account Type and Number ~ Amount Ots f . Fi#Er NA-n-AL A#wc 1. , I d.,Lgar,Â·InformatiatiJ(attacih colii;@s<'Df all notes drloarts) 9 Name of Lender and Account Number . Address :11Â·..â„¢m Sec,!89, ,Â·'E -.. 1 ~Â·;.*,4unt. :~ . A .... .... .. , A@ Â· Â· Â·A 15. Give name of bank where business account will be maintained; Account Name and Account Number; and the name or names of persons authorized to draw thereon. Â· Â· -TA,54 4,4.nul Â·144*49 86.9 -* 717 21 4. Vilict 12<fjalado- r-ik hciye]3019 I 1 Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of rriy knowledge. Authorized Signature Title Date/ / t=Jam"- -I .410-1.00,72.- 5/5/loG \ May 01, 2006 To Whom It May Concern: We, Alfonso Regalado andÂ·Virginia Regalado current owners fo Chelito's Mexican Restaurant have gifted the restaurant to our daughter Velia Regalado-Kucharyson. Due to health reasons we are unable to continue to run the restaurant. ' We have gifted the business on 145 E. Elkhom Ave. Estes Park, CO. Our daughter Velia Regalado has agreed to take full responsibility of the restaurant. If you have any questions please contact Alfonso Regalado at 970-581-0131. Alfonso Regalado Â·sÂ·rp~Â·rE OF COLORADO -Â· S.S. Virgi#(a Regalado0 COUNTY OF LARIMER -1--- v '/ A J 3; 'A~urent was arÂ°lielrf..N*(11' 20\~11Â¢3 Birrm m.sor l U 1/10 ~r,Â·,rhan~Llnd official Mal. Velia Regalado-Kucharyson NOT4CV el Al :c H.*.4 ew ~r/FOT ARY'Â·.0 ~ *-3 1 ".PuBLIC..:o,# PERSONAL * OF ffIES <PARK CONFIDENTIAL Police Department June 7,2006 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Chelito's Mexican Restaurant Regalado-Kucharyson, Velia 8/22/77 Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above-named persons and business was conducted. There was a report on the business for Suspicious Circumstances. The individual is named as a victim in a Theft case and Disturbance case. There are no other reports on the business or the individual in the past year. Sincerely, A. 6--'Lowell Ri~dson Chief o f Police, Estes Park Police Department P.O. BOX 1287 â€¢ 170 MACGREGOR AVENUE â€¢ ESTES PARK, COLORADO 80517 PHONE: 970-586-4465 â€¢ FAX 970-586-9681 www.estesnet.com/pd -1.---'-IL Town Clerk's Office Memo 3 To: Honorable Mayor Baudek Board of Trustees . - Town Administratof Repola . 4:- .. : . From: Jackie Williamson, Town Clerk ~ ' Date: June 8,2006.Â· Subject: Liquor-License Transfer - The View Restaurant Backgrouna: The View Restaurant located at 300 Riverside Dr. is Â·operating under the Hotel and Restaurant license held by ILX Inc. dba GOLDEN EAGLE RESORTS. Crags Inc. Â·is requesting a transfer of the liquor license that expired on June 7,2006. ILX Inc. leased the restaurant operations to Crags Inc. in 2001. This.isa violation of the liquor code. In the State of Colorado a hotel/resort cannot hold a Hotel and Restaurant liquor license without owningÂ·and operating a restaurant. The Liquor Division discovered this during the renewal process this year. The Liquor Division is willing to apply submitted ~funds towards the transfer of the liquor license. Crags Inc. has submitted.all necessary paperwork and payments. A temporary license was issued on June 2,2006. Crags Inc. will have the exclusive rights to sell food and beverage on the licensed premise. The Town Clerk's office has reviewed the Town Board's policy for TIPS training and the applicant is in the process of scheduling the training. Ms. Kadeleck has also stated she intends to send her entire restaurant staff to training. Budget: N/A Action: Staff recommends approval of the Transfer of Ownership Application filed by the Crags Inc. t 1 . February 23,2006 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will presant the application and confirm the following: 9 The application was filed June 2,2006 0 The Town has received all necessary fees and hearing costs. E The applicant is filing as a Corporation. 0 There is a police report with regard to the investigation of the applicant. 9 Status of T.I.P.S. Training: X Unscheduled Scheduled Â· Completed MOTION: i ... Move the Transfer Application filed by Crags, Inc. , doing business as THE VIEW RESTAURANT for a Hotel and Restaurant License be approved/denied. DR 8404 (10/28/04) Page 1 ~ ~ DEPARTMENT USE ONLY COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION - DENVER CO 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION PERSONAL Â£ NEW LICENSE M TRANSFER OF OWNERSHIP U LICENSE~AIYNEWAL CONFIDENTIAL Â· ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN . v, Â· APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) â€¢ LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAIN A COPY OF-THE COLORADO LIQUOR AND BEER CODE(Call 303-370-2165) 1. Applicant is applying as a . El Individual ;A, Corporation ~ . El Limited Liability Company D Partnership (includes Limited Liabilityand Husband arId Wife:Partnerships) ~ Association or Other 2. Applicant If an LLC, name of LLC; if loartnership, at least 2 partriefs names,Â· if corporation, name of corporation Fein Number Crans A ne. 84Â·- 1380852 2a.Trade Name of Establishment OBA) Â· State Sales Tax No. Business Telephone 1111 421 wd â‚¬5#ziksÂ«InA- 23 - 9&570 9 70 60>G (im B 3. Address_of Fremises (specify exact location of premises) 26 R, Ve mi 34 Dr. City 6351(5 Pack LaN') f,UdY' C 0 3>051-1 County State ZIP Code 4. Majliog Addreal (Number and Street) City or Town State ZIP Code F Â· 0 ' bOx 154-2- ~ Act QWIC 06 6061-1 5. If the premises currently have a li4uor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DI* Present State License No. Present Class of License Present Expiration Date Golden 66#le Kâ‚¬50/4- I 03-4042-1 1442. - 6.-710(Q Â»UA'B<2:4;SECTION 'A, C,'.:;1:NO,NREFUNDABILE-AP.1?tileATION,BEES:f. 311ABASECTION B:{CONT.)'I:.3'jf>F,Â·-:I :~Ri:r.tfQUORL1CENSEÂ·FEES 2300 0 Application Fee for New License .................................. $825.00 1985- Resort Complex License (City) ................................. $500.00 2302 0 Application Fee for New License - 1986 Z Resort Complex License (County)....................... $500.00 w/Concurrent Review.................................................... $925 00 1988 -Add Related Facility to Resort Complex... $ 75.00 X Total _ 2310~~ Application Fee for Transfer $825.00 1990 Z Club License (City) .................. $308.75 2312 C] Application Fee for Transfer - 1991 Z Club License (County) .............................. $308.75 w/Concurrent Review .................................................... $925.00 2010 - Tavern License (Cityh..............1............ $500.00 143*8 -:t,Â·4@ECTION.B:*A.%*' ..a-1- -Â·, c '42 <h~*91IQUORÂ·tiCENSE'FEEb ~4 2011 Z Tavern License (County) .......................... $500.00 1905 C Retail Gaming Tavern License (City) ............................ $500.00 2012 Z Manager Registration - Tavern................. $ 75.00 1906 C Retail Gaming Tavern License (County) ....................... 2021 Arts License (County) ............................... $308.75 $500'00 Â· 2020 Z Arts License (City) .................................... $308.75 1940 C Retail Liquor Store License (City) ...............2................. $227.50 2030 _ Racetrack License (City) .......................... $500.00 1941 C Retail Liquor Store License (County) ............................ $312.50 2031 - Racetrack License (County) ..................... $500.00 1950 C Liquor Licensed Drugstore (City) $227.50 1951 C Liquor Licensed Drugstore (County) ............................. $312.50 2040 - Optional Premises License (City) ............. $500.00 1960 E Beer and Wine License (City) Â· $351.25 2041 _ Optional Premises License (County) ....... $500.00 $436.25 2045 - Vintners Restaurant License (City) ........... $750.00 1961 C Beer and Wine License (County).................................. 2046 Vintners Restaurant License (County)...... $750.00 1970 C Hotel and Restaurant License (City) .......................... $500.00 = 1971 C Hotel and Restaurant License (County)....................... $500.00 2220 _ Add Optional Premises to H&R .............. $100.00 X Total __ 2370 _ Master File Location Fee .......................... $ 25.00 X Total - 1975 C Brew Pub License (City) - Â· $750.00 2375 Z Master File Background............................ $250.00 X Total - 1976 C Brew Pub License (County) . $750.00 1980 C Hotel and Restaurant License w/opt premises (City) ....Â·$500.00 1981 C Hotel.and Restaurant License w/opt premises (County) $500.00 1983 C Manager Registration -H&R Â· $ 75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION ' License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City ~ County Managers Reg < -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) Cash Fund New License Cash Fund Transfer License TOTAL 2300-100 2310-100 (999) (999) DR 8404 (10/28/04) Page 3 6. Is the applicant (including any of the partners, if a partnership; merhbers or manager if a limited liability company; or officers, stock- Yes ~~ ~ holders or directors if a corporation) or manager under the age of twenty-one years? 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado. or any.other state); (a) been denied an alcohol beverage license? Â· E Â® (b) Â·.bad an.alcohol,-beDerk-ge license suspended or revoked? 0 0 LAT (c) had interest in another entity that had an alcohol beverage license suspended or revoked? Â·Â· If you answered yes to 7a, b or c, explain in' detail on a separate sheet. m WL 8. Has a liquor license applitation (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If ".yes," explain in detail. Â·Â· + 9. Are the premises to be licensed within 500 feet of any public or private schoollhat meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? -m Or 10. Has a liquor or beer license ever been issued to the applicant (includ(ng any of the partners, if a partnership; members or manager if a - limited liability company; or officers, stockholders or directors if aÂ·corporation)?Â·If yds,Â· identify the name of the business and list any current or.former financial interest in said business includifig any loans ib or from a.licensee. O 0 11. Does the Applicant, as listed on line 2 of this application, have. legal possession of the premises for at least 1 year from the date that this license will be iÂ¥ued by virtue of ownership, lease or other arrangement? El ownership 100.ease. O -OtherÂ·(Explain in DA,Ail) a. If leased, list name of landlord and tenant, and date of dxpiration, EXACTLYÂ·as they appear on the lease: Landlord Tenant lk. CY C ' 6, I ne_ 4 Cl,nâ‚¬A Expires 1 1-b< '6fteN~Yi> 0, I nc, Â· Ka.Â·10]i12â‚¬n m. 144&1Â«ek n--3,1 .67 Attach a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be qtilized for in this business. This diagram should be no larger than 8 1/2" X 11 ". (Doesn't have ~ to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporatibns,-limited liability companjes), Will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTERESTÂ·' Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which.is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No Has a local ordinance or resolution authorizing optional premises been adopted? 0.17(. Number of separate Optional Premises areas reqi lastpri : (See Litense Fee Chart) 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No, 1~harmacy? COPY MUST BE ATTACHED. Â· Â· D El 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal; patriotic, political or athletic purpose and . 0 0 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is , 0..0 operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? Â· (d) How long has applicant occupied the premises (Three years required)jo be licensed as a club? (Three years required) 16. Brew-Pub License or Vintner Restaurant Applicants answer the following: - (a) Has the applicant received or applied for a Federal Permit? . Â· Â¤ El (Copy of permit or application must be attached) 17a. Name of Manager (for allon-premises,pplicants) 48Hlkâ‚¬f) frl .,*Alose Ic (If this is an Date of Birth application for a Hotel, Restaurant or Tavern License, the managermust also submit an Individual History Record'(DR 8404-I). 1,21-53 17b. Does this manager act as,the manager of, or-have a financial interest in, any other liquor Yes N licensedÂ·establishment in the State of Colorado? If yes, provide name, type of license and account number. 0 1 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? 02 If yes, provide an explanation and include copies of any payment agreements. . PERSONAL DR 8404 (10/28/04) Page 4 CONFIDENTPAL 19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members with OWNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404-1 (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED* 44'flurn {42! ert 565 Audutyn Â«le>PAÂ¥14, CO -7-24.-.58:,piÂ·Â«2ent/le *If total ownership percentage disclosed here does not total 100% applicant must check this box E Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant Additional Documents to be submitted by type of entity 13LCORPORATION [3[ Cert. of Incorp. ~|'-Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP ~3 Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) E] LIMITED LIABILITY COMPANY ~ Articles of Organization ID Cert. of Authority (if foreign company) U Operating Agrmt. U ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service ' r.9 :OATH.OFÂ·APPLICANT Â·Â·Â·f:-5,.fÂ« 9--,-t....:9 . .1:le;.2.....:.. 24Â·v:.6,D' I declare under penalty of perjury in the second degreethat this application and-all attachments are true, correct, and complete ~(tolhe bestÂ·of my knouledge. I also acknowlerigeÂ·that it is triÂ¥76sponsibility tind the responsibility of my agents wid employees ~ to comply with the provisions of the Co'9rado Liquor or Bedr Code whichaffect my license: ~Â·Â· -:- 3 ,'.Â·Â·., -:104%: -rÂ·-h~G. r.-,f.--:'f~?f?.r: A~prized Signature Title Date , guljlsÂ»._ ~Lk._> Pre 51 A e A-1- 6--2 -Cla .. 4Â»0 REPORT AND APPROVACOFILOCAL LICENSING AUTHORITY {CITY/COUNTY)'t,(, 1'.: f'+ 6 Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. lo 12 166 THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-I (Individual History Record) has: Yes No E Been fingerprinted ..............,..,-. 00 C] Been subject to background investigation, including NCIC/CCIC check for outstanding warrants .., That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of license ............,....... U El (Check One) E Date of Inspection or Anticipated Date El Upon approval of state licensing authority. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. Wedoreportthatsuchlicense, if granted, willmeetthe reasonable requirements of theneighborhoodandthedesires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number ~ TOWN, CITY - 2 COUNTY Signature Title Date Signature (attest) Title Date L.41 04+U'*-Ill; 1/UO/uo) COLORADOPEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION - * , PERSONAL 1881 PIERCE STREET RM 108A DENVER CO 80261 CONFIDENTIAL INDIVIDUAL HISTORY RECORD ToÂ· ompleted by each individual applicant, all general- partners of a partnership, and limited partners owning 10% Cor more) of a :rship; all officers Â·and directors of a corporation, and- stockholders of a corporation owningÂ· 10% (or more) of the stock of suci i corporation; allÂ·limited liability company MANAG/NG members, and officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or.a Tavern License. Â· NOTICE: ThisÂ·individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered.in their entirety:or yout.application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Crecl), Un C - clba- -flu--Vt dul Aâ‚¬5-Naurount- 2. Ygur Full Name (last, first, middle) Â· 3. List any other names you have used. Â¥92,\â‚¬eÂ« pÂ¢zrwi tern m ar(U- Fhai 0142/f, 14rth 1-â‚¬01 ffkrui 4. Mailing address (if aifferent from residence)Â· . 1Home TelephoneU | PÂ·0 Â· 60Â¥ 2#14. 6100 ArÂ©+871 , 06 2632% 77 0 580 - Ce 04 Co- 5.Â· List all residence addresses below. Include current and previous.addresses for the past five years. STREETAND NUMBER CITY, STATE, ZIP FROM TO Current 665- Autlubd/1 6?5tl. Bi<V, Co 9(51 1 05 )220 1 yekni- Previous 6. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO *96Â¥1% Zill 1? yhli4 601 Albe Phl,4â„¢ A-18*c pri~MUi'ArÂ· *Â¥tte prâ‚¬*Alt I ix 91664'tb ln, 9 H-r.* \0~ Ave'Phodilk A,&196 8â‚¬matk mi,~,' 9100 ~X~ai 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE NIA , 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. 21Yes m No I axÂ·n en +19. CUÂ»ont b CRAnÂ«- (63> 464-113 9. Have you ever received a violation notice suspension or revocation, for a liquor law yiolation, or have you applied for or been denied a liquor or beer lic--e anywhere in the U.S.? If yes, explain in detail. U Yes ~0~No 1 10. Have you ever been'convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal. or military court ~ ' or do you have any charges pending? Include arrests for DUI and DWAL (If yes, explain in detail.> ' O Yes ~410 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail O Yes Â®No 12. Have you ever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail.) C]Yes.01,3 PERSONAL AND FINANCIAL INFORMATION . Unless otberwise provided by law in 24-72-204 C,R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine yourÂ·suitability for licensure pursuant to 12-47-307 C.R.S. 138. Date of Birth b. Social Security Number SSN c. Place of Birth d. U.S. Citizen? 1 7 - 24- 58 340'58 4739 LaN\'5tn,~ , m )Ch,&Â£15* Nked DNo' . e. H Naturalized, State where .. + f. When ~ g. Illame of District Court. h. Naturalization Certificate Number Â· i.. Date of Certification j. If an Alien,-Give Alien's Registration Card Number k. Permanent Residence Card Number :. Â· 1: Height m. Weight . n. Hair Color o. Eye Color p. Sex i q. Race r. Do you have a current Driver's License? If.so, give number and state 15'i" 110 P<A ; dian W- *es E]No 11- 1 1-1- 8703 06|lmlki) 14. Financial Information. a. Total purchase price $ (if buying an existing business) or investment being made by the*applying entity, corporation, partriership, limited liability company, othir $ 1Ei, 0023â€¢ D-23 ~ b. List the total amount of your investment in this business including any notes, loans, cash, services or @quipmer,t, operating capital, . stock purchaies and fees paid $ | c. Provide details of Investment. You must account.for the sources of ALL cash (how acquired).,Attacha geparate sheet if needed. Type: Cash, Services or Equipment Source:Name of BankfAccount Type and Number U. Amount ] C.61+ usÂ«4 91&Y: 3?*1\ t. I 16-,bCc). Et) i d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number Address Term Â· Security Amount 14/ A 15. Give name of bank where business account will be maintained; Account Name and Acdount Number; and the name or names of persons authorized to Â·draw thereon. 1-lu C rtup j t'AL Â· d.ba --Tha- Â·Wield %05\auy'f EN\-Â¥ , loeD+501Â« Tivy,Id 19 3<Plo , Rwthken 14&\rak, mitÂ¥\Câ‚¬\ fliillevr Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best ot my knowledge. Authoriâ€¢ed.Sigrlatur Date K-~i-Au-ck *4 24Â£0 Title n veÂ·e 5 1 AunA- D &- 01 4 Ne %1. 6 uvil.,~1 r.1 / 1 1 0 UD ALLUUMILNb (FAX)602 957 7723 P. 002/004 I . . 2 June 2,2006 Colorado Departrnent of Revenue Liquor Enforcement Division 1375 Sherinan St Denver, Colorado 80261 Re: Licensee: . ILX Resorts Incorporated License No,: 03*40921 -0000 Clear Sir 03- Madam: ILX Resorts Incorporated is the owner of The Historic Crags Lodge at the Golden Eagle Resort located at 300 Riverside Drive in Estes Park, Colorado. The Crags, Inc, and Kathleen M. Kadiecek lease The View Restaurant located in the Crags Lodge from ILX Resorts Incorporated. ILX Resorts Incorporated leases all food and beverage operations to The Crags, Inc. and Kathleen M. Kadlecek, 1LX Resorts Incorporated hereby authorizes the transfer of the above referenced liquor license 'to The Crags,-Inc. Please contact me if you have any questions. Very truly yours, 4Â«j . 1.J, Cr- Nancy J. Stone President NJS/mp CC: Ms. Kathleen M. Kadlecek 2111 Emit IÂ·IlghtandAventle, Sulle 210 â€¢ Plloerlix Ar!*91,a 85016 - Phone {6021957Â·2777 - Fox (602 1 957,2780 - http://www.tlxnn.ortÂ».com Owrtgr Servicmt (800) 418Â·6499 â€¢ Central Res<:rvation# Service; (8001 158.2899 , 444,Â·câ‚¬Â·,149% 4004<9.~ '~--: Ii-:,20~Â·4~ 1*Â®*flit+KA*li Police Department Â· PERSONAL April 17,2006 CONFIDENTIAL Jackie Williamson, Town Clerk, Town of Estes Park Estes Park, CO 80517 RE: ILX. Ind. dba Golden Eagle Resort Kadledek, Kathleen M 07/27/58 Martori, Joseph P. 08/19/41 Stone, Nancy J. , 06/06/57 Zielinski, Edward S. 08/17/51 Martori II, Joaeph P. 09/20/69 - Chanen, Steven R. 05/15/54 MeGorder III, Patrick J. 06/04/46 % White, Steven A. 09/19/44 Gfeenholtz, Wayne 03/28/34 Myers, James W. Â· 11/24/34 Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above-named persons and business was conducted. There was a report of Fraud involving the business and the Kadlecek was named as a witness'in the report. There are no other reports involving the business or individuals in the past year. Sincerely, Â£-w- Lowell Ri@Hardson Chief of Police, Estes Park Police Department P.O. BOX 1287 1170 MACGREGOR AVENUE â€¢ ESTESPARK, COLORADO 80517 PHONE: 970-586-4465 â€¢ FAX 970-586-9681 www.estesnet.com/pd 1=1 ~ Town of Estes Park Public Works Engineering -61RKIES' Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3586, Asievers@estes.org Memo TO: Mayor Baudek & Board of Trustees From: Greg Sievers Date: June 13, 2006 Re: Fall River Hydro / picnic site - Public Restroom Background: the Public Works Department constructed a new picnic facility at the Fall River picnic grounds in the summer of 2005. That structure is a 35' x 65' covered pavilion on a concrete slab. The Town has conducted summer employee picnics at this site for several decades. Port-a-potties have been used as restrooms for all functions to date. A vision for fully functional restrooms was planned for 2006 and also expanded usage of this site. The March 9, 2006 PWC approved bidding and I wrote and distributed an RFP (request for proposal) to five (5) local designer/builders that could both design and construct a small restroom facility on the north side of the river, adjacent to the Musuem and Cottage. Bruce Gregg, Mike Aldrich, Mark Westover and Mike Smith of Loveland all declined interest; All stating full schedules. Duggan Builders did the 1999 remodel of the police department with very good results, on time and on budget. One proposal was receive from Ray Duggan for a Preliminary Maximum Price of $118,065 (not including tap fee's or river crossings = approximately $56,000). Staff (Sievers, Kilsdonk, and Repola) and two Trustees did a site visit on June 1St to compare the merit of placing this facility on the north side of the river next to the museum vs. south side of the river next to the picnic structure. Cost/Budget: the 2006 Budget (page 186 - LCOS) contains $85,000 for this project, and subsequent budget modification raised has allocated to $112,000. (Account #220-4600-462-35-60) Recommendation: Upon further site review by staff, we propose modifying the project to a 'modern pit toilet' (similar to NPS & USFS design) and construct it approximately 75' west of the picnic structure on the south side of the river. This would result in a 20-30% savings in overall cost, and no tap fee's or river crossing for water & sewer. The structure would be constructed to allow future upgrades for running water and flush toilets should the usage support that need. Staff requests to negotiate with Ray Duggan Builders to achieve a Guaranteed Maximum Price and proceed with construction following agreement from Administration (or perhaps the next Community Development Committee meeting on July 6,2006.) Construction could begin immediately there following, however it is not anticipated that the project could be completed prior to the 2006 summer season. 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