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PACKET Town Board 2008-10-14
Flue Prepared 10/6/08 ......... m TOWN- Of {STES PARK · .. The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 14,2008 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). LOCAL MARKETING DISTRICT ADVISORY BOARD. Cory Blackman. TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 23,2008 and Town Board Special Meeting dated October 3,2008. 2. Bills. 3. Committee Minutes: A. Public Safety, September 18, 2008: 1. Halloween Road Closure - Elkhorn Ave. from Spruce to E. Elkhorn. B. Community Development, October 2,2008: 1. Catch the Glow Parade Letter of Understanding. 2. LIQUOR ITEMS: 1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM CLAIRE RAY dba CLAIRE'S ON THE PARK TO CLAIRES INC. dba CLAIRE'S ON THE PARK, CLAIRE RAY, 225 PARK LANE, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson. 2. LIQUOR STIPULATION AGREEMENT FOR VEGA LLC DBA VEGA. Police Chief Kufeld. -4 ' r 3. ACTION ITEMS: 1. 2009 EVENTS AND FACILITIES RATES. Manager Winslow. 2. TOWN ADMINISTRATOR REPORT. 3. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the Arlenria wAq nrenprprl 1 Jackie Williamson From: EP Administration [ir3045@estes.org] Sent: Wednesday, October 08,2008 4:57 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 0739 ST. TIME 10/08 16:47 PGS. 3 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channe18 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ---- 1 1 To the Mayor and Trustees, Town of Estes Park 14 October 2008 It is a matter of fairness, transparency, and community economic sustainability. Mr. Mayor, in your presentation to the Town Trustees about two years ago, you stated, "We must establish a diverse and sustainable year-round economy through partnershiDs with local businesses, the National Park, and government agencies that capitalizes on our unique characteristics and support the diverse economic and employment needs of Estes Valley residents." I wish to bring to your situation that has been presented repeatedly to the staff and trustees of the town for about 8 years with no positive response from either during that period. If, in fact, Mr. Mayor, the 2017 report adopted by the board represents the desires of the community and the town, then I would ask that you alter a small portion of your employee benefit package which discriminates and excludes some business from participating. The Vision Service Plan excludes two-thirds of the potential providers in this community due to its root assumptions. This is not the case for the health and dental portions of the benefit package. I am aware that as a board and staff your have been very eager to support local businesses by allowing an open bidding process and encouraging local businesses to present bids for consideration. The VSP plan that you continually choose to buy, completely bypasses this standard practice. For instance, a community our size is very fortunate to have a young, capable, and well accepted Ophthalmologist. His business needs to be encouraged and not discriminated against. It is critical to maintain a full range of health care service in our area in order to be the "premier mountain resort community" which is essence of your vision statement. I realize that this is not your fault specifically but the fault of the core objectives of VSP. However, it is your fault if you continue to support these discriminatory practices. My business is also excluded from participating. We have been here for 10 years now and have gained many friends in the community including town employees. They are often saddened and disappointed to find out that they are forced to go out of town to see an Ophthalmologist and are not allowed a choice of optical services that are available within our community. For years, the Chamber of Commerce, EPURA, and the Town Board have discussed ways of reducing retail leakage. Short of establishing a town owned fueling station which provides reasonably price gasoline, this is one small thing, within your power, that can be done to address the issue of retail leakage and support local small businesses. I am asking that before you blindly approve the new employee package, that you instruct staff to come up with a fair and inclusive option that would support the economic sustainability of our community and enhance your own revenue stream. This might be an excellent opportunity to explore a cooperative effort with other government agencies" who have the same issue in our community to solve this mutual problem. Most importantly, I am asking that in the pending economic situation that you find a way to allow fairness and sustainability be the hallmark of our community. Cathy Homeier, ABOC 1201 Scott Avenue Estes Park, Colorado Town Board Meeting, October 06, 2008 (#13) Good evening, Tonight I again question the appropriateness of bringing your religious beliefs into our Town Board meetings, specifically; asking each of us to stand and recite the official Pledge to the United States which, because of its 'under God' inclusion, excludes a sizeable minority of its citizens. We cannot be 'one nation' when the next two words ofthe Pledge exclude all non- believers. We cannot have freedom for all when you deny freedom from religion. We cannot have justice for all when 'under God' in the Pledge makes second class citizens of all who believe otherwise. After our last meeting the Police Chief stopped by to ask if my words the night before were meant as a threat. Let me assure you that it's those who want me silenced that are the threat, and rather than being clever, I should have just quoted Supreme Court Justice, Robert H. Jackson, specifically: "Those who begin coercive elimination of dissent soon find themselves exterminating dissenters." I was responding to remarks made from this podium the meeting before and the ongoing nastiness I have been subjected to over the last few years. Suggestions that I should leave the country or be tarred and feathered and run out of town are only the tip of the iceberg. And what have I done other than petition for equal treatment? When our leaders can't show proper respect and consideration of the legitimate requests of non-believers, they shouldn't be surprised when the knuckle draggers of this country resort to exterminating dissenters. When I ask that you be on the right side of history with this issue, I am asking that you remember those who were on the wrong side of slavery, the wrong side of women's suffrage, the wrong side of civil rights, gay rights, and civil unions. Why do those in power fight so hard to deny others equal treatment when there is nothing to loose and everything to gain? If this nation refused to accept the equality of its citizens, Hillary Clinton might be home baking cookies, Barak Obama might be checking bags at DIA, and Barney Frank might be tied to a fence in Laramie, Wyoming. That anyone sees that scenario as an improvement might explain why I get no satisfaction. Again I ask that you be on the right side of history and stop reciting the Pledge until Congress removes the words, "under God". , '1., 1Nwrk'you,1Da,A&¥Labe&=r ~~7' cj 0.0,- ' I Town of Estes Park, Larimer County, Colorado, September 23,2008 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 23rd day of September, 2008. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Mayor Pro Tem Levine Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Trustee Homeier Jerry Miller Also Present: Greg White, Town Attorney Jacquie Halburnt, Town Administrator Jackie Williamson, Town Clerk Absent: Lowell Richardson, Deputy Town Administrator Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT. David Habecker/Town Citizen spoke to the separation of church and state and again requested the Board remove God from the Town Board proceedings and refrain from reciting the Under God Pledge of Allegiance. John Meissner/Town Citizen presented a digitized copy of the 1921 Trail. He stated the digitized file allows for word-searches that a scanned image does not. He requested both the Trail and the Library provide a timeframe for digitizing their archived newspapers. John Cordsen/Trail Gazette Editor stated a timeframe for digitizing the paper has not been established due to the expense and time consuming endeavor. The Estes Park Mountaineer has been scanned to CD and the originals would be given to the Library. TOWN BOARD COMMENTS. Trustee Blackhurst reminded the public that the Public Works Committee scheduled for Thursday at 8:00 a.m. in the Town Board Room has been cancelled. Trustee Ericson informed the public the Town Board Budget Study Sessions will be held on the first four Friday mornings in October from 8:00 a.m. to 12:00 p.m. in the Board room. Trustee Homeier thanked staff for the additional news releases. The information helps to keep our citizens informed. Mayor Pinkham stated Grand Lake held an election tonight to elect a Mayor due to the contested April election results. He welcomed the visitors from our Sister City Monteverde, Costa Rica. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 9,2008. 2. Bills. f , Board of Trustees - September 23,2008 - Page 2 3. Committee Minutes: A. Community Development, September 4,2008: 1. Auto Extravaganza Car Show Rescheduled for September 27,2008, Road Closure - Park Lane and McGregor Ave. from Elkhorn to Park Lane. B. Utilities, September 11,2008: 1. Mary's Lake Utility Bridge Crossing - Cornerstone Construction Concepts, Inc. - $114,509 and L&P - $60,000, Budgeted. 4. Estes Valley Planning Commission, August 19, 2008 (acknowledgement only). 5. Estes Park Urban Renewal Authority, August 20, 2008 (acknowledgement only). 6. Larimer Emergency Telephone Authority (LETA) Board Appointment - John Baudek for 2-yr term, expiring December 31, 2010. 7. Fireworks Permit for Park School District on September 26,2008. Trustee Homeier requested Item 6 be removed for discussion as an action item. It was moved and seconded (Levine/Miller) the Consent Agenda Items 1, 2, 3, 4, 5 and 7 be approved, and it passed unanimously. Item 6 - Larimer Emergency Telephone Authority (LETA) Board Appointment Trustee Homeier questioned the method used to select the hppointee John Baudek. Mayor Pinkham stated John Baudek was appointed to the LETA Board during his term as Mayor and he requested reappointment to the LETA Board. Mayor Pinkham recommended the appointment because of Mr. Baudek's police background, knowledge of communication systems, small communities and emergency response. Appointments to the LETA Board are must be approved by all the communities served by LETA. Trustee Blackhurst stated items of this nature should be brought forward to the entire Board as an action item in the future. It was moved and seconded (Eisenlauer/Levine) that Item 6 be approved, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS. 1. Rocky Mountain National Park Update. Superintendent Vaughn Baker reported on the status and ongoing mitigation efforts related to the Mountain Pine Beetle within the Park: removing hazard trees, fuels reduction (prescribed fires) and spraying of high value trees. The Park completed the Elk Management Plan/EIS a year ago and has begun implementing the conservation tools outlined in the plan including fencing, redistribution, culling, etc. The elk population has declined from 2,800 - 3,500 animals in 2001 to approximately 1,700 - 2,200 due to drought and harder winters. A small scale culling operation would be conducted this winter as a trial. The Park is proposing an increase for the RMNP Annual Pass from $35 to $40 in the spring of 2009. Two newsletters were handed out to the Board regarding the Highway 7 Recreation Improvement Plan and the Bear Lake Road Reconstruction Phase 2. 2. Community Development Block Grant (CDBG) Awarded to Victim Advocates. Director Mary Mesropian stated the Town of Estes Park has submitted an application for a CDBG for a Victim Advocates safehouse. The $210,000 granted would be used to purchase the safehouse. She thanked Town staff for their efforts in preparing and supporting the grant proposal. Board of Trustees - September 23,2008 - Page 3 3. Proclamation and Costa Rican Presentation. Mayor Pinkham presented a Proclamation to the visiting delegation from the Town's Sister City of Monteverde, Costa Rica. Nick Molle/Sister City Representative thanked the Town and the School District on behalf of the Sister City program for their continued support. A delegation of Estes Park High School students visited Monteverde in June and presented a short slide show. Nick Molle presented a video that captured the student's apprehension during the beginning of the trip and later the joy of discovering a new culture and new friendships. The Costa Rican students performed a traditional dance for the Board. The delegation welcomed the Trustees to their country and encouraged the Town to continue to support the efforts of the Sister City program. Mayor Pinkham called a break at 8:45 p.m. and reconvened the meeting at 8:50 p.m. 3. PLANNING COMMISSION AGENDA: Mayor Pinkham: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: a. PRELIMINARY SUBDIVISION 1. Solomon Resubdivision of Outlots A & B, Prospect Highlands Subdivision, Central Administrator's Inc. Continued to October 28,2008. b. BIG BEAR ESTATES (ELKHORN LODGE) LAND USE ITEMS: Four Metes and Bounds parcels (parcel identification numbers 35261-00-001, 35261-05-046, 35261-06-001, and 35252-53-018) and Outlot A, Sallee Resubdivision, Rock Castle Development Company/Applicant. l. REZONING - Rezoning of Parcel #35261-00-001 from RE - Rural Estate to CO - Commercial Outlying. Rezoning of Parcel # 35261-05-046 and Outlot A, Sallee Resubdivision from E - Estate to CO - Commercial Outlying. 2. PRELIMINARY SUBDIVISION PLAT. 3. PRELIMINARY PLANNED UNIT DEVELOPMENT (P.U.D.) #08- 01. Rock Castle Development Co./Applicant has requested all items related to the redevelopment of the Elkhorn Lodge be withdrawn. It was moved and seconded (Levine/Homeier) to approve the Planning Consent Agenda, and it passed unanimously. 4. ACTION ITEMS: 1. APPOINTMENT OF TREE BOARD MEMBERS. Mayor Pinkham stated a reorganization of the Tree Board was conducted to remove two staff members and replace them with community members. The staff members would continue in an advisory capacity. The Tree Board has three vacancies open. Applications were accepted and background checks were completed. The Mayor recommended the appointment of two Tree Board members, Mike Richardson and Sandra Burns, for 4 year terms expiring April 30, 2012. It was moved and seconded (Homeier/Eisenlauer) to approve the Board of Trustees - September 23,2008 - Page 4 appointments of Mike Richardson and Sandy Burns to the Tree Board for 4 year terms expiring April 30, 2012, and it passed unanimously. 2. RESOLUTION #17-08 - SURPRISE SIDEWALK SALE, OCT. 11 & 12, 2008. Director Pickering stated the shoulder-season event takes place the weekend prior to Columbus Day and is open to all businesses in Estes Park from 9:00 a.m. to 5:30 p.m. The Resolution allows for outdoor sales during this event, which would otherwise be a violation in the CD - Commercial Downtown zoning district. Trustee Ericson requested staff ensure the businesses participating in the sale observe Items 4,5 and 6 within the Resolution. He stated accessibility can be difficult during the sale when businesses do not adhere to the regulations. It was moved and seconded (BlackhursVEricson) to approve Resolution #17-08, and it passed unanimously. 3. DESIGN OF INTERSECTION IMPROVEMENTS AT RIVERSIDE & ELKHORN. Director Zurn stated staff has worked with the Colorado Department of Transportation (CDOT) on a downtown Master Plan to improve traffic flow. The Public Works Committee recommended staff move forward with the reconfiguration of the Riverside/Elkhorn intersection to create a continuous traffic flow. Improvements to the intersection would include improving the geometry of the north-bound turn lane from East Riverside Drive, a pedestrian safety island between lanes on East Riverside Drive and relocation of the traffic signal pole. One parking spot may be lost or reconfigured for motorcycle parking. An RFP was issued for a transportation consulting engineer to design the surface improvement, produce construction drawings and coordinate approval of the project with CDOT. Three proposals were received: Nolte Associates, Inc. Fort Collins, CO $ 6,545 PBS&J Engineering Denver, CO $ 12,894 Felsburg, Holt & Ullivig (FHU) Centennial, CO $ 16,920 Staff recommends Nolte Engineering at $6,545 and requests an additional $3,455 as contingency for unforeseen changes required due to field findings, modifications in design criteria or CDOT requirements. The design should be completed within three weeks and major construction completed by the end of November. The intersection could go to a four-way stop while CDOT moves the traffic signal. The intersection would be fully operational in January 2009. The Trustees requested the merchants be notified of the project, including timelines and project progress. It was moved and seconded (Blackhurst/Levine) to approve the contract with Nolte Associates, Inc. for the redesign of the Riverside/Elkhorn intersection for a total cost not to exceed $10,000 from account #204-5400-544-35-51. 4. PUBLIC HEARING - BIG BEAR ESTATES ANNEXATION - RESOLUTION #18-08 & ORDINANCE #15-08 - PUBLIC HEARING. Administrator Halburnt stated the applicant has requested a continuance of the annexation application to October 28, 2008. The Mayor opened the public hearing and hearing no comment closed the public hearing. It was moved and seconded (Miller/Ericson) to continue the Big Bear Estates Annexation, and it passed unanimously. 5. TOWN ADMINISTRATOR REPORT. ' • Director Zurn was commended for the relationship he has created with CDOT. The Public Works Department has received a beautification grant through CDOT for the downtown portion of Moraine Avenue. • The Crags/Moraine intersection was restriped by CDOT to improve traffic flow and safety. . Board of Trustees - September 23,2008 - Page 5 • Channel 12 programming has been updated to include the school's sports events. • A warm welcome to the Snow and Ice Conference attendees. 6. ADJOURN. Whereupon Mayor Pinkham adjourned the meeting at 9:23 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, October 3,2008 Minutes of a Special meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 3rd day of October, 2008. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Jerry Miller Also Present: Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: Trustee Richard Homeier Mayor Pinkham called the meeting to order at 8:03 a.m. APPOINTMENT OF LOCAL MARKETING DISTRICT (LMD) ADVISORY BOARD MEMBERS. Administrator Halburnt stated applications were received from 15 individuals for the LMD Advisory Board. One applicant was eliminated because they did not meet the residency requirements. All members were interviewed by County Commissioner Glenn Gibson, Mayor ProTem Chuck Levine, Trustee Eric Blackhurst, EAU\ Member Lynette Lott and Chamber Member Richard Flanery. The IGA between the County and the Town for the formation of the LMD states five members are to be appointed by the Town and two members appointed by the County. The Town interview team recommended Kathy Palmeri, Cory Blackman, Scott Webermeier, Ken Larson and Elizabeth Blanchard. These appointments are advisory only. If the LMD is passed by the voters in November formal board appointments would be conducted. The Advisory Board's main task is to communicate the benefits of a LMD to the community and to garner support for the issues. Administrator Halburnt stated the County anticipates appointing Lee Lasson and Bill Almond on Tuesday, October 7,2008. After discussion, it was moved and seconded (Ericson/Miller) to approve the appointment of Kathy Palmeri, Cory Blackman, Scott Webermeier, Ken Larson and Elizabeth Blanchard to the Local Marketing District Advisory Board, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 8:20 a.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 18, 2008 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 18th day of September, 2008. Committee: Chair Eisenlauer, Trustees Ericson and Homeier Attending: All Also Attending: Deputy Town Administrator Richardson, Chief Kufeld, Chief Dorman, Training Captain Rosenquist and Clerk Williamson Absent Town Administrator Halburnt Chair Eisenlauer called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. POLICE DEPARTMENT Halloween Street Road Closure - Request Approval. The Police Department requests the closure of Elkhorn Ave. to vehicular traffic from Spruce Drive to East Riverside Drive during the hours from 5:00 p.m. to 9:00 p.m. on October 31, 2008 for the traditional Halloween activities. The Committee recommends approval of the street closure as described above. Report: 1. Introduction of Officer Robertson: Chief Kufeld introduced Caleb Robertson a new patrol officer. FIRE DEPARTMENT Firework Permit for Park R-3 School District - Request Approval. The High School has requested a fireworks permit to perform a fireworks display during the Homecoming Show at the football game on September 26,2008. The show would consist of sparklers and a concussion display during the performance. The applicant has hired a licensed pyro-technician for the display. Staff recommends approval of the permit with conditions of approval: • Contingent on fire restrictions. • The Fire Chief or his designee may cancel the permit at anytime if conditions are deemed unsafe. • A safety perimeter around the display per NFPA standards shall be maintained. • A type "A" or 'ABC" fire extinguisher shall be on hand at the site. • A list of the exact type and size of all of the fireworks shall be submitted to the Fire Department for approval prior to the event. • The Town of Estes Park shall be named as additional insured on the applicant's liability insurance. After further discussion, the Committee recommends approval of the fireworks permit for the Park R-3 School District's Homecoming show on September 26, 2008. 1. Fire Department Training: Training Captain Rosenquist presented a U-Tube video of a recent training conducted at the YMCA and produced by the Estes Park News. Trustee Ericson stated the video would be an excellent recruiting RECORD OF PROCEEDINGS Public Safety Committee - September 18, 2008 - Page 2 tool for the Fire Department and suggested it air on the pubic access channel 12. Chair Eisenlauer suggested a small portion of the video should be shown to the entire Town Board. Training Captain Rosenquist stated monthly trainings have been conducted in addition to the YMCA training with Glen Haven and Pinewood Springs participating in some of the trainings. 2. CWPP Development and Open House Update: Wildland Urban Interface Educational Coordinator Sue Pinkham reported an open house was held on September 1 0th to present the risk assessment (values at risk) conducted for the Community Wildfire Protection Plan (CWPP). The next step includes determining the priorities for mitigation efforts and developing an action plan with the aid of the Estes Park Volunteer Fire Department. A draft of the CWPP would be completed by the end of October 2008 with the final plan to be approved by the Forest Service. The development of the CWPP would allow local agencies to apply for grant funds encompassing projects such as the slash collection. 3. Pump Testing Results: Chief Dorman stated the fire engine pumps were recently tested as required by the National Fire Protection Agency (NFPA). All the pumps were in working order; however, several components on the engines needed to be corrected. 4. Fire Prevention Week: Volunteer Fire Prevention Officer Will Birchfield stated the week of October 9th is Fire Prevention week and coincides with the great Chicago fires. He stated home structure fires are the number one call Fire Departments respond to with regard to actual fire; therefore, this year's theme is the prevention of fires within the home. Presentations would be presented to each of the schools during the week. In addition, pre-incident planning would be conducted at the new sprinkled school buildings in an effort to familiarize fire personnel with the new systems. Trustee Ericson asked if other fire drills would be conducted within town. Officer Birchfield stated fire drills are not required by other institutions within town because a Fire Code has not been adopted. MISCELLANEOUS Chief Dorman stated four Fire Department personnel would fly to Nebraska on September 29th and 30'h for a pre-construction meeting for the new fire truck. Trustee Ericson complimented the Fire Department and the local newspapers for the new call report for the Fire Department. The information increases the awareness of the efforts provided by our local Volunteer Fire Department. Chair Eisenlauer stated the Fire Service Task Force will hold the second of two public meetings to discuss its proposal for fire services tonight at 7:00 p.m. in the Town Board room. There being no further business, Chair Eisenlauer adjourned the meeting at 8:58 a.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 2,2008 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 2nd day of October 2008. Committee: Chair Levine, Trustees Eisenlauer and Miller Attending: Chair Levine, Trustees Eisenlauer and Miller Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Directors Kilsdonk and Joseph, Managers Winslow, and Mitchell, and Deputy Clerk Deats Absent Dir. Pickering and Manager Marsh Chair Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT. Chair Levine complimented the Special Events staff on the Auto Extravaganza that was held last weekend in Bond Park stating he heard positive comments and reports about the event. Jane Schoen and Harriett Woodard, representatives of the Estes Valley Sunrise Rotary, addressed the Committee regarding the Club's interest in assuming sponsorship of the arts and crafts show that has traditionally been held over Labor Day weekend in Bond Park. The show was previously sponsored by the Volunteer Fire Department and was last held in 2007. Ms. Schoen stated that Sunrise Rotary sees the event as an opportunity to raise revenue for various causes in Estes Park and envisions the show increasing in size. She proposed moving the event to the Fairgrounds to accommodate larger numbers of vendors and thereby increasing sales, and stated the use of a shuttle system would facilitate the transition to the new location. Ms. Schoen stated that Bond Park would be utilized as the location for the arts and crafts event until the change of location could be implemented, possibly in 2010. She reported that an anecdotal study of downtown merchants indicated that there was more support for the event than opposition to it. Sunrise Rotary intends to examine sales tax records to analyze the impact of the arts and crafts show on the sales of downtown merchants. The Committee thanked Ms. Schoen and Ms. Woodard for their informational presentation. Vickie Cody, Estes Park resident, stated that she has been a participant in arts and crafts show in Bond Park and opposes moving the Labor Day event to the fairgrounds because it would impact attendance. Tim Phillips, representing the Fine Arts Guild of the Rockies, voiced dissatisfaction with the special event vendor license fees and lawful presence requirements that were implemented for events held in Bond Park, stating it is excessive and unfair to the participating vendors. He said that the Fine Arts Guild has been hosting the Arts and Crafts Show for over 30 years; that the show generates sales tax for the Town of Estes Park, and that revenue from the show stays in Estes Park to support cultural and academic events and scholarships for local high school students. He stated that the special event vendor license was enacted to appease downtown merchants whose lackluster sales are blamed on the show. Deb Coombs, President of the Art Center of Estes Park, expressed concerns about the special event vendor license fees and lawful presence requirements, stating they place a hardship on the artists as well as the event organizer/sponsor. She stated the Art Center strives to feature high quality art, but fears artists will go elsewhere if they do not perceive this as a friendly event, and voiced opposition to the proposal to relocate RECORD OF PROCEEDINGS Community Development - October 2,2008 - Page 2 events to the Fairgrounds. Kathy Littlejohn, representing the Fine Arts Guild of the Rockies, questioned whether participants in events such as the Wool Market and the Farmers Market, which are held at the Fairgrounds, were required to execute an affidavit of lawful presence. Mgr. Winslow stated that the affidavit is required by the State of Colorado and is triggered by the special event vendor license that is mandatory for events held in Bond Park which lies within the Commercial Downtown zoning district. Ms. Littlejohn stated this creates ill-will among artists and is discriminatory to those using Bond Park. Chair Levine requested the inclusion of this topic as an action item at an upcoming meeting for to allow for further discussion related to criteria for the special event vendor license, the affidavit of lawful presence requirement, and the affidavit as it relates to the use of government property. He voiced a desire to have representatives on both sides of the issue participate in the discussion and stated notification of the discussion will be sent to those organizations present at the October meeting. CONVENTION & VISITORS BUREAU. 2009 EVENT AND FACILITY RATES - REQUEST APPROVAL. An analysis of fees charged by Colorado fairgrounds revealed that Town of Estes Park Special Event venue rates are lower than the industry standard. Staff is recommending changes to the current fee schedule including bringing fairground fees to a level comparable with similar facilities; charging for trash removal, portajohns, and the use of arena lighting; and implementing fees for the use of Riverside Plaza and Bond Park. Mgr. Winslow stated that the rates have been the same for at least four years and the increases would provide an opportunity to recoup some operational expenses. Town Administrator Halburnt reported that currently the Town expends approximately $1 million annually on Special Events and takes in approximately $500,000 in revenue. After discussion, the Committee recommended the rate schedule be taken as an action item to the October 14th Town Board meeting allowing for input from the full Board. CATCH THE GLOW PARADE LETTERS OF UNDERSTANDING - REQUEST APPROVAL. The Catch the Glow Parade is scheduled to be held on November 28th, the Friday after Thanksgiving Day. Staff is requesting to contract with Bob Aiken as the parade coordinator and Mike Young as parade co-coordinator to design, build and organize this year's parade. The 2008 Special Events budget contains $26,000 in account #222- 5500-455-22-12 for the parade to be expended as follows: $ 6,000 Bob Aiken $ 5,000 Mike Young $15,000 Supplies & Expenses Supplies will be purchased as needed and expenses traditionally include generator rental, construction materials, and payment to the Swim Club for portraying characters during the day. Weekly meetings will be held with the coordinators and staff and purchases over $1000 must be approved in advance. The Committee asked Mgr. Winslow to clarify the language in paragraph three of the Letters of Understanding and recommended approval of the contracts as outlined above to be paid from account #222-550-455-22-12 budgeted. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Event Numbers for 2008 - Quarterly Report • PRCA Recognition • Marketing Committee RECORD OF PROCEEDINGS Community Development - October 2,2008 - Page 3 • Media Relations • Visitors Services The Committee discussed the Event Numbers report and requested that estimated numbers and actual numbers contained within the report be identified as such, and asked that each Trustee receive a copy of the report. Mgr. Winslow reporled that the 2008 Rooftop Rodeo has been recognized by the Professional Rodeo Cowboys Association (PRCA) as one of the top five small rodeos in the nation and nominated for the honor of best small rodeo of the year. The winning rodeo will be announced at the PRCA convention in December. Staff reported that Denver television station Fox 31 was in town promoting the Elk Fest and the National Beagle Club of America 2008 Specialty Show, both of which are taking place this weekend. Chair Levine commented on the Media Relations Report stating that numerous stakeholders have contributed to the success of the travel writer tours by 1 providing complimentary lodging and meals and requested that they be publicly ·~ recognized for their participation and referred this project to the Public Information Officer (PIO) team. MUSEUM/SENIOR CENTER SERVICES DEPARTMENT. ORIENTATION FILM - REQUEST APPROVAL. Staff is requesting approval to contract for the production of a brief orientation film to be used for the Citizen's Information Academy (CIA) and to promote Estes Park as an affordable, family-friendly community. The proposed film will be designed to have a shelf life of approximately five years and will describe the services of the Town, its financial situation and support of infrastructure, and outline the Town's vision, mission, and governance system. Filming would include location shots and interviews, and would take place this fall, with the product available for use at the CIA in February, 2009. In 2008, $1840 was budgeted for CIA, but no funds were expended as the class was not held. The revised 2008 budget contains $6000 in account 101-1100-411-27-04 for an orientation film. The breakdown, based on verbal estimates from local providers, is as follows: Filming/Editing $3000 (N. Molle) Script Treatment $1050 (S. Mitchell) Postproduction $1450 Voice Over $ 500 (J. Halburnt) Total $6000 The project did not go out to bid, but was researched by staff with local companies giving prices significantly below industry standards. The Committee requested that the item be referred to the full Board as an action item at an upcoming Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Museum Monthly Report • Senior Center Monthly Report Dir. Kilsdonk reported that the 2009 Citizen's Information Academy (CIA) will be held in February and that "Colorado Getaways" will feature the museum's Rocky Mountain National Park Historic Lodges and Homesteads Tour and will air on Channel 4 at 6:30 p.m., on November 8,2008. ' 1 RECORD OF PROCEEDINGS Community Development - October 2,2008 - Page 4 COMMUNITY DEVELOPMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Community Development Financial • Monthly Building Permit Summary MISCELLANEOUS. Trustee Miller commended staff for their dedication and commitment to their jobs and to the Town of Estes Park. There being no further business, Chair Levine adjourned the meeting at 9:45 a.m. Cynthia Deats, Deputy Town Clerk Town Clerk's Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: October 9,2008 Subject: Liquor-License Transfer - Claire's on the Park Background: Claire's Inc. dba the Claire's on the Park located at 225 Park Lane is requesting a transfer of the Hotel and Restaurant liquor license held by Claire Ray dba Claire's on the Park that expired on March 22,2009. Ms. Ray has operated her business in this location as a sole proprietor since 1992. In July 2008, the business was incorporated, and therefore, operated by Claire's Inc. This change in corporate structure necessitates a transfer of the liquor license to the new entity. Claire's Inc. has submitted all necessary paperwork and fees. T. I.P.S. training has been completed and Ms. Ray attended the State training held earlier this year. Budget NA Action: Staff recommends approval of the Transfer of Ownership Application filed by Claire's Inc. 1 October 9,2008 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: 0 The application was filed September 2,2008 m The Town has received all necessary fees and hearing costs. C The applicant is filing as a Corporation m There is a police report with regard to the investigation of the applicants. U Status of T.I.P.S. Training: Unscheduled Scheduled Completed X MOTION: Move the Transfer Application filed by Claire's Inc. , doing business as . Claire's on the Park for a Hotel & Restaurant License be approved/denied. DR 8404 (05/17/07) Page 1 DEPARTMENT USE ONLY COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION PERSONAL E] NEW LICENSE ~ TRANSFER OF OWNERSHIP E] LICENSE RENEWAL CONF~DENTiAL · ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) LOCAL LICENSE FEE $ · APPUCANT SHOULD OBTAIN A COPY OF THE COLORADO UQUOR AND BEER CODE (Call 303-370-2165) 1. Applicant is applying as a 0 Individual Corporation O Limited Uability Company O Partnership (includes Limited Liability and Husband and Wife Partnerships) U Association or Other 2. Applicant If an LLC, name of LLC: if partnership, at least 2 partner's names; if corporation, name of corporation Fein Number C i gi re ts , dne- 74-0-79'7407 2a. Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone 0-1 n i re '5 0.1 74 r fA r k 42-48961 970-5910-9.KleN 3. Address'of Premises (specify exact location of premises) 959 En r K Lan t City a 1 County State ZIP Code 4. /tps Park Lar\L~n~er- 29 105-J 7 4. Mailing Address. (Number arld Street) dity ogrown A L. St,;e ZIP Code 5.~~refla bg/c- 44 M € 6/es Ma. r k Ca 20917 ve a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishrpqnt @BA) Present State License No. Presept 91psh ofk icense J Present Expiration Date 8/41~rejOR71€ hir/4 68-40909 26*//hesmurant>*artil. 112 , 109 LIABV SECION A» € NONREFUNDABLE APPLICATION FEES CIAB' SECTION B (tONT.) 1 3;1|QUOR LICENSE FEES 2300 0 Application Fee for New License .... ........................ $ 1,025.00 1985 - Resort Complex License (City) ................................. $500.00 2302 El Application Fee for New License - 1986 _ Resort Complex License (County). $500.00 w/Concurrent Review......... .. ........ .... $1,12500 1988 _ Add Related Facility to Resort Complex... $ 75.00 X Total __ 2310 * Application Fee for Transfer ...... .......... $1,025.00 1990 Club License (City)................... ...... $308.75 = 2312 0 Application Fee for Transfer - 1991 Club License (County). $308.75 = w/Concurrent Review ..................... $1,125.00 2010 _ Tavern License (City) ..... ........... $500.00 LIAR< SECTION B LIQUOR LICENSE FEES 2011 Z Tavern License (County) .... . . $500.00 2012 _ Manager Registration - Tavern. ...... $ 75.00 1905 0 Retail Gaming Tavern License (City)............... .... $500.00 2020 Arts License (City) ...... ............... $308.75 1906 0 Retail Gaming Tavern License (County) $500.00 = 1940 Il Retail Liquor Store License (City) ...,., ... .... $227.50 2021 _ Arts License (County) ..... ............... $308.75 1941 0 Retail Liquor Store License (County) .. ............. $312.50 2030 _ Racetrack License (City) ...... ..... . $500.00 2031 - Racetrack License (County) . . $500.00 1950 U Liquor Licensed Drugstore (City) ... $227.50 = 2040 Optional Premises License (City) ...... .. $500.00 1951 0 Liquor Licensed Drugstore (County) ..... $312.50 = 2041 Optional Premises License (County) . $500.00 1960 0 Beerand Wine License (City) ...... $351.25 = 2045 Vintners Restaurant License (City) ........... $750.00 1961 0 Beer and Wine License (County) ...... .... ................ $436.25 = 2046 Vintners Restaurant License (County).... $750.00 1970 ~CHotel and Restaurant License (City) . . $500.00 = 1971 Hotel and Restaurant License (County).. ...... $500.00 2220 _ Add Optional Premises to H&R ...... $100.00 X Total 1975 0 Brew Pub License (City) .......... ... $750.00 2370 Z Master File Location Fee . $ 25.00 X -Total 1976 0 Brew Pub License (County) ............. ........... $750.00 2375 Z. Master File Background. - . $250.00 X Total - 1980 U Hotel and Restaurant License w/opt premises (City) ,... $500.00 1981 ¤ Hotel and Restaurant License w/opt premises (County) $500.00 1983 0 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 Liability Date (Expiration Date) FROM TO State City County Managers Reg --750 (999) 2180-100 (999) 2190-100 (999) -750 (999) ~#miiijiiiiiiijiiijijjiiji/immunmiiiimi,4- Cash Fund New Lkense Cash Fund Transfer LIcense TOTAL 2300-100 2310-100 (999) (999) $ DR 8404 (05/17/07) Page 3 CONriDENTIAL 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? 01 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? (b) had an alcohol beverage license suspended or revoked? (c) had interest in another entity that had an alcohol beverage license suspended or revoked? 0 N If you answered yes to 7a, b or c, explain 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 denied within the preceding two years? If "yes," explain in detail. Upt 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to 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)? If yes, identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. 261 re- 6 0 A fAe Pa rh vt/one. fA m 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 issued by virtue of ownership, lease or other arrangement? O Ownership 9 Lease E Other (Explain in Detail) lAO a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires clri_\Ye A Rel-au,awl, U.(L 0,\ai ¥-c 4 In C L.Lt jol.3 Attach a diagram and outline or designate the area to be licensed (including4imensions) which shows the bars, brewery, walls, 0artitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 81/2" 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 business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST 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? mvs Number of separate Optional Premises areas requested. (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. 00 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 00 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is Em 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? (d) How long has applicant occupied the premises (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? 00 (Copy of permit or application must be attached) 17a. Name of Manager (for all on-premises applicants) d/2 /' re Ma.Lf (If this is an Date of Birth b application for a Hotel, Restaurant or Tavern License, the manager must also subtlit an Individual History Record (DR 8404-1). 4~ 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. 00 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 El '1~l in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. DEE"=03,1.0 1 DR 8404 (05/17/07) Page 4 19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, i*Aife,¥6AEF, "f-·16 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-I (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION 56 OWNED* AL'*Cckive %af *g &41(le lovie, Atebt 44 ... Fte 4,4- MO *If total ownership percentage disclosed here does not total 100% applicant must check this box 2 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 ~ CORPORATION ~ Cert. of Incorp. ~ Cert. of Good Standing (il more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP El Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY U Articles of Organization 0 Cert. of Authority (if foreign company) ~ Operating Agrmt. ~ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service illecla>e undefb-adio>}ij~#er)u~ in me 1ecind degree ilit'11 4%#Atiin'*di/>litilk~ems ail~j~4~9r~~,19J#64*)em *.1....: *: ..:~~ 1.:.#~..:. :,::2.:f 51:* : w44.679A.3:15'~ ' td the best N my ktiowl€dge.: l also acknowledg@that-ii is'my Usponsibility abd the resp¢nsibility of my agents and-employees td comply with the>ovisionk of the Cbibihdo Uquor or.Beer Code which affebt d*license.,2 ; ~'. ·-: ,~0, .' . -7 +'. 2' 4.23 . I '». I %* / 97/7 -LUU JO#v-Jt~~e·,1,~ 1-14 -dr Autfrize~Stnature / Date k U.- u*REPORTAND,APPROVAC OELOCAL LICENSiNG AUTHORITY (CITY/COUNTY);LUP . ,. C V -22- 4 ; '2 6%'4-EE.ji- . . 54% ~: 4'<'·'-· .·'3 ? .0. 062''C-- 14, > A ·.. 4 .....:-5 .1.. .- :... L. N 44 Tj· 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. 9 ~a 1 08 THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: Yes No That each person required to file DR 8404-1 (Individual History Record) has: O Been fingerprinted....... .... .... .........,. ... ...... .. .... ......... ............. .. ... .El O C] Been subject to background investigation, including NCIC/CCIC check for outstanding warrants.... ...12] O 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 ........ . (Check One) O Date of Inspection or Anticipated Date O 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 meetthe reasonable requirementsof the neighborhood andthe desiresof the adultinhabitants, 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 ~ COUNTY Signature Title Date Signature (attest) Title Date LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A PERSONAL INDIVIDUAL FINGERPRINT DENVER CO 80261 CARDS OBTAINED FROM THE 2,1,33*~5=00"FurN,6 ' INDIVIDUACNiSTbllY !¥ECORD~ OLICE DEPARTMENT To be completed by each individual applicant, all general partners of a partnership, and limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the st f such corporation; all limited liability company MANAGING members, and officers or other limited liability company me J with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavem License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. 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 d la i re ~s On 7% r & rk I I 2. Your Full Name Clast, first, Mddle) 3. List any other names you have used. Ra.u , 4 j icc d la (re 4. Mailing *ddress (if different from residence) Home Telephone d I «i re_ 14 1 Q70-591 -Ii?1 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current 6 2 & 7 (&C c ~37~C L 0'71 E_ Ates Park )6, 285-/ '7 314* 3001 Cate-4- Previous V 0 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 glaire~561/ 71' Ark AM 14 rALa . r 4 (112(4 Arki G ydi-/7 A.on, tr- 19% 7 9( 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 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. 0 Yes U No d lat re 4 04-The 11 th --703--*007 /36/ng (ler\-r ta-vis Ytesta-4.x·Q€ - 17%5- )99 7 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 license anywhere in the U.S.? If yes, explain in detail. U Yes ~ No or do you h?ve any charges pending? Indude arrests for DUI and DWAL (If yes, explain in detail.) PERSOwn L · ~ C] Yes · LKNO CONFFOFNT' A R . ~ -C~ J #titl. 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 q No 12. Have vou ever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail.) EYes o 1 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 authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a. Qaie QLBjrth __ b. Social Securitv Number SSN c. Place of Birth d. U.S. Citizen? /1/060\K I X/e_ 6©0 j ~~ Yes UNo 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 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 59/" /90 brolori- BY« 4 V U/1)6 1-C- ¥*es U\No J~ 14. Financial Information. a. Total purchase price $ ~ (if buying an existing business) or investment being made by the applying entity, corporation, partnership, limited liability company, other $ b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases and fees paid $ · ¢75 c. --ovide details of Investment. YSu must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Cash, Services or Equipment Source:Name of Bank; Account Type and Number Amount d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount 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 t~ereon. Ars ~-l#Ti-#na./ 8,"lk,- d/,1,\' r.15 - 1~ dla £ re-- Ra ~ Oath of Applicant I e under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of m wledge. A#yize¢Sigma~e'TA Title Date P 1 Cl_ki-S. ~\~ ~_ Cuj lEft 12rA.-LL j 3 4 19 -02- ru 1 = Town Clerk's Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt Police Chief Kufeld From: Jackie Williamson, Town Clerk Date: October 9,2008 Subject: Stipulation Agreement for VEGA LLC dba Vega Background. On September 25, 2008, Chief Kufeld and I met with Ronald (Lee) Kilgore, President of Vega LLC dba Vega. We explained the allegations made by the Police Department that led to the Town Board setting a Show Cause Hearing for October 14, 2008. As authorized by the Town Board, the Police Chief and Town Clerk can negotiate a Stipulation Agreement prior to the Show Cause Hearing. This agreement is then presented to the Town Board for their consideration. The licensee was cited with the serving of a minor. The bartender that served the minor was a recent hire and was fired the next day. Additionally, the licensee closed the restaurant for a full day in order to send all employees to T. I.P.S. training. Only those employees that passed the training were able to return to work. Those employees that did not pass are attending a T. I.P.S. training hosted by the Town on Monday, October 13, 2008. Based on the allegations and the steps taken by the licensee to address the issue, staff presented a Stipulation Agreement for a 21-day suspension associated with 12-47-901 Sale to an Underage Person. Staff recommends the licensee serve 14-days suspension of its Hotel and Restaurant license with 7-days held in abeyance for one-year from the date of the "Findings and Order of Suspension" Budget: NA Action: Staff recommends the Stipulation Agreement between Vega LLC and the Town of Estes Park. BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: VEGA LLC CO[ D/B/A VEGA Attn: RONALD KILGORE AND ANDREI URSU 205 VIRGINIA DRIVE P. 0. BOX 4485 ESTES PARK, COLORADO 80517 LICENSE NO: 42-60264-0000 This Stipulation and Agreement ("Agreement") between the Board of Trustees, Town of Estes Park, Cthe Town"), acting as the Local Licensing Authority, and VEGA LLC DBA VEGA, 205 VIRGINIA DRIVE, P. O. BOX 4485, ESTES PARK, COLORADO 80517, LICENSE NO: 42-60264-0000, ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named parties submit and agree as follows: 1. Licensee and the Town wish to avoid the time and expense of a full hearing and possible subsequent litigation on this matter. Without admission of liability or wrongdoing, and in the interest of expedient resolution of this matter, Licensee is willing to stipulate, for the purposes of this Agreement only, that the allegations set forth in Exhibit A, if proven, could result in the finding of a violation by the Board of Trustees. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's entry into this Agreement is made voluntarily and is not the result of any undo influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Agreement and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by entering into this Agreement, the Board of Trustees will consider the said violations to have been proven and Licensee herdby waives the necessity of establishing a factual basis to support a finding of said violations. I 3. The Licensee agrees to: (a) a 21-day suspension, with an actual time served of 14 days of its Hotel and Restaurant Liquor License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Exhibit A to this Agreement. Said suspension of Licensee's Hotel and Restaurant Liquor License to take place as follows: From 12:01 a.m., November 1, 2008 through 11:59 p.m., November 14, 2008. (b) The Licensee and Licensee's permanent employees (as determined by the Licensee) are required to attend certified T.I.P.S. Training (Training for the Intervention Procedures by Servers of Alcohol) within 90 days from the date of the Finding and Order of Suspension. Pernianent employees receiving certified T. I.P.S. Training shall train their remaining employees within 12 months from the date of the Finding and Order of Suspension. (c) The 7 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period. 4. The parties agree that nothing set forth in this Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's Hotel and Restaurant License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Agreement. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Agreement, the Licensee shall be permitted to withdraw its entry into this Agreement and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its entry into this Agreement, nothing in this Agreement shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Agreement for the Licensee have full corporate authority to execute this Agreement and bind the corporation which is the Licensee. 7. Licensee and the Town agree that this Agreement shall not be admissible in any proceeding outside of the Show Cause hearing scheduled for October 14,2008 at 7:00 p.m. CY-+ day of DthhiC , 2008. DATED this D VEGA TOWN OF ESTES PARK 4/.- .1:10 Swlt/- A ~F. .-.,16 .kAMB .©*,f title , *65 Flai %2 0/ *teldfk Police Department o r 9.- 0 1 4 ;IWER *·13,28 4.NRG. CF><P Fie : 4/ 4 Cou 91 +0· 44///ill'llilli"\' ' 1 BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY CoPY TOWN OF ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: MR. RONALD KILGORE MR. ANDREI URSU VEGA LLC dba Vega 205 VIRGINIA DRIVE P. 0. BOX 4485 ESTES PARK, COLORADO 80517 LICENSE NO: 42-60264-0000 WHEREAS, it has been made to appear to the Local Licensing Authority, Town of Estes Park, State of Colorado, that VEGA.LLC, d/Wa Vega, 205 Virginia Drive, Estes Park, Colorado 80517 ("Licensee"), has violated the statutes or the rules and regulations of the Department of Revenue governing its tavern liquor license in the following particulars: I) Pursuant to Section 12-47-901 (1)(a.5)(I), C.R.S.,except as provided in Section 18-13-122, C.R.S., it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring ofany alcohol beverage to or for any person under the age of twenty-one years. A) It is alleged that on August 11, 2008, the Licensee, through its employee/agent, Michael McCarthy, permitted the sale, serving, giving, or procuring of an alcohol beverage to a juvenile under age of 18 kears. NOW THEREFORE, you are hereby ordered to appear before the local licensing authority to show cause why your said license should not be suspended or revoked as by law provided. A Show Cause Hearing is set for November 14,2008 at 7:00 p.m. and will be held in the Town Board Room at 170 MacGregor Avenue, Estes Park, Colorado. You are entitled to have an attorney represent you at the heafing. If you should retain an attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a postponement will not be granted except for good cause shown. Ifyou should fail to appear at the Order to Show Cause and Notice of Hearing Vega Page 2 of 2 scheduled time and place for the hearing, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor or Beer Code may be suspended or revoked. Please be further advised that if the Local Licensing Authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor or Beer Code, the Local Licensing Authority may consider, in selecting the sanction to be imposed against you, any mitigating or aggravating factors, any prior violations of the Colorado Liquor or Beer Code, as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned Licensee. IN WITNESS WHEREOF, I have here unto set my hand and seal of my office this /644 day of '5€-Pre-B€*- 2008. aegNOU44·4- <S-¢07.28 7»-:, 09541 f: 2_. ub.LA-9-2--m.-- W. SE :rk 0 0.-to .4,2,0 V .... U lit r .,h*CUU 11-0 %,1.- ///1,111'111'*,0 Ah LIQUOR LICENSE STIPULATION GUIDELINES *Revised July, 1999 Statement of Purpose: To authorize Town staff to negotiate a Stipulation Agreement, utilizing these Guidelines, with the Liquor Licensee following the setting of a Show Cause Hearing. The Town Board may amend, approve, or deny any Stipulation Agreement. REGULATION NO. CODE VIOLATION *RECOMMENDED *ACTUAL SUSPENSION TIME SERVED - TO BE DETERMINE D *·r.Itical*'Bf.a*tlormtitmm~ 12-47-901(1)(a) Sale to an Underage Person 1 st Offense 21 Days 2nd Offense, w/in 1 yr. 30 " 3rd Offense, w/in 1 yr. 60 " 4~ Offense, w/in 2 yrs. · 90 " to revocation 12-47-901(1)(a) and Sale to Intoxicated Person Reg. 47-900 1 st Offense 30 Days 2nd Offense 90 " 3rd Offense 6 Mo. to revocation Reg. 47-900A. Conduct of Establishment Intentional: 1 st Offense 30 Days 2nd Offense 90 " 3rd Offense 6 Mo. to revocation ?*diii~h:ibfE*tiil@~ eigiltiSM~ 12-47-901(5)(n)(I) Permitting Illegal Gambling and 1 st Offense 7 Days Reg. 47-922A.1. 2nd Offense 30 " 3rd Offense 90 " to revocation " Video Poker Gambling 1 st Offense 7 Days 2nd Offense 30 " 3rd Offense 90 " to revocation /7. , .· 64%3 I . , ~ REGULATION NO. CODE VIOLATION *RECOMMENDED *ACTUAL SUSPENSION TIME SERVED - TO BE DETERMINE D " Shake-A-Day Gambling Device 1 * Offense 7 Days 2nd Offense 30 " 3rd Offense 90" Reg. 47-900A. Permitting Disturbances 1 st Offense 20 Days 2nd Offense 30 " 3rd Offense 90 " Reg. 47-900A. Conduct of Establishment Negligence: 1 st Offense 20 Days 2nd Offense 30 " 3rd Offense 90 " to revocation Reg. 47-408A. Purchase of Liquor from Other Than Wholesaler 1 st Offense 5 Days 2nd Offense 7 " Reg. 47-419B. Failure to Meet Food Requirement (H&R, Brew Pub) 1 st Offense 10 Days 2nd Offense 30 " 12-47-901 (5) IV (I) Sale After Legal Hours 1 st Offense 7 Days 2nd Offense 20 " 12-47-301(7) Failure to Report Manager, Corporate & Financial Change 1 st Offense 5 Days 2nd Offense 7" 12-47-901(5)(a)(I) Underage Employee Selling or Serving 1 st Offense 20 Days 2nd Offense 30" 3rd Offense 90 " Reg. 47-904C. Altered Liquor 1 st Offense 10 Days 2 . 'I . Definition: 1. Offense: for the purpose of these guidelines, an offense is a single occurrence of a violation. It is possible that within an offense, there could be multiple counts. Notes: 1. These guidelines are intended as an instrument for the Town Board and Staff. The Town Board and Staff may at any time, depending upon the severity of the violation, alter the suspension time defined in these guidelines. 2. *These guidelines were prepared following review of the Colorado Liquor Enforcement Division's Guidelines, as updated June 4, 1999. 3. Staff may, at any time, elect not to negotiate a Stipulation Agreement, thus proceeding with the Show Cause Hearing before the Board of Trustees. 4. All substantial liquor license violations, as determined by Staff, will be scheduled for a . Show Cause Hearing. If the Town Board does not approve the Stipulation Agreement, the Town Board will proceed with the Show Cause Hearing. 5. Days not actually served (days held in abeyance) are suspended on the condition that no further violations occur within the one-year stipulation period. 6. *Liquor violations are carried for 5 years for purposes of litigation. 3 , I . Estes Park Convention & Visitors Bureau Memo To: Town Board of Trustees From: Bo Winslow - Fairgrounds and Events CC: Jacqueline Halburnt, Lowell Richardson and Tom Pickering Date: October 14, 2008 Re: 2009 Events and Facilities Rates BACKGROUND: The Town Administrator asked staff to review the fee schedules for the Fairgrounds at Stanley Park and the Events Department and make recommendations for 2009. The fees have not been changed for 5 years and were last increased in 2004. After reviewing fee structures from similar facilities, we determined in some cases, we were charging too little and in some cases, we weren't charging for services at all. The recommended fees reflect an evaluation of all areas to determine a fair fee structure for the services delivered. In the case of park fee rental, the modest fee would be used to help offset maintenance costs that arise from event usage such as replacing sod, sprinkler heads, damage, trash removal, cleanup, etc. Enclosed in your packet is a chart that has current fees and fees that are being recommended. There are also fees from 4 other facilities for comparison, as applicable. BUDGET/COST: When considering the overall Special Events Budget, the total 2008 expenses are projected at $995,874 and the revenues are projected at $513,624. Therefore, a general fund subsidy is required of $482,250 in 2008 to operate Special Events. ACTION: Staff recommends approval of the fees. E Mr g - ----- --- - 8 „ -- N > 00 0 O 12 2 3% 8 k k 00 in J 00 lA 141 ' 2-00 0 -1 - I CR 0 R 88. . 44 S 1/.1 O O· 14 n 2 2. 4 k 00 0 6 I I I al, go ; . 1 % % 41, al V) 1 a> . 1 ..1 0 6 2 1 @*A /1* 1 *,i -C 4% 2 , -3 U -- 0,0 -. L IC a, ial £ a.in 1& 8 8 2 :9 C - 110:10 2,18 3& - 0* .= 9 14! O-00000 00 0 '030- · 00 0 ;CS §! Wi C? P 0 9 6 6.45 0 5. m g s g g m 3 8 2 2 14 1/,0 in * 14'-Aint/hip in in -LA in inin gil 4 / 50 51 %11 8 %8 ¤ooo 8 8688 4 * 9 6 9,9 9 9 6 6/6 6 4. O LA Rt~ LA N m k. r-1 m.m M .-1 33 in .z: in v> 14 v> in 313•33 U, i+ . N 2 9 ¢jpl QI'J § Lab S .Eg 4 I m * 52 % =Mole- 1% 21 %: w-%2 6.§ 17; N N ..1 - #ft . 41 % U. 60 U (A al 612 00 0 0 N O0 X E f P E E ·EA 8 M '. .62 £ 4 6 9 *E.MA™ m . 91· U.1 C. 25 -= 2*g ** *1* E -El *Em ro 2 al) E C 2 3 2 0 / 0 4_4 4 4- 4 -<3 42 -- tSIeS rarK ESIeS rarK LOUnIy LOUn ercial/Private/Other Rate with Stalls (50 stall Min.) $350.00 $350. 'EIS 00'OZ$ 00'02$ 00'OSE$ 00'OSI$ 00.SESS dn UNeAA JO, Bu!100405 sapnlou! osie UggI euaJV pue pueispue.IE) u! DAOqe gas ' , :/ '~'~6 4 XOZE Int; 0.... . ' ities 2009 Proposed Fees 2008 )4***Commircid~/Privati/Other.Ratewjthput 50.Staus 341 $500.00 $800.00 or .75 cents per. ticket whic r is more Commercial/Private/Other 1,800.00 ($03 Z: 2 Local Non Profit/Youth Rate per ft2) . 009*I -50'b . I le]S-V-Uodl OI¥59Z 1 . - . /. t. au!1008?5 Z dn luieAA JOJ Bu!100435 sapnpu! osie 00'00£ x69Z n Profit/Youth Rate $500.00 or .60 cents per ti Local Non Profit/Youth Rate 1,200.00 ($00 Cqmm.el€!al/Erjx*/Other ).o-07(5-Q/ -pe~fti). $500.00 00 OSE 00.OOZ Stand and Arenal 40 ~New 28,000 ft - a 28,000 ftz 00 x59Z auilooles E o iad wo saaJ aAOqv * New 22,000 fti Barn 1 £ _*-ca!.Ngn Profi Secretaries Office ' ->00 - - -0~- - - --- - -3 E g .0 11 -JN «V ' 14 in 28 > 00 O 0 9* Eg 00 8 8 JN 0# . 8 2 *R D in V> 14 3 00 8 Eg ON · 6 4 O v y LA u-4 b .0 1 > 00 .0 0 0 + O 000 • E g O 0 0 4 00:0 50. 51 -gj 0 ON Ul =-SN In 0 in i.6 i.0- 1.4 1/*;1.4 $ /Ll 1 1 0 - 1 *h A.f 1 :MS 4/ 2 24 c ... m G B 4 LE I *% L L *L a.; a,9 ; a) CD 50 50 M 2 2 -c tc A f § g g BOO 8 8.8 8 Unt.OLON U.1 A 4 I 2£ . 0 6 09 2 . 8 8.18 Ul Ln "! : g R 9 9 = S: 5 N NO 16 . ib i.6 in· in in ¥fW L . - . 1.4,7 9 614,1 - 1 .5 I 1 M . U % 25 1 OC ==C I . 1 , . 0 00'- O 1 k . 1 12 0.0 M ki 0 X ¢x 0 Q t.0 0 Moo 3%2 O Ul > . d N "~ A LA ;I Mr-IN m. i d ts I -2-0 ,-4 0 0 0 > C '60 g -tal 11 9 JU' 12 il 5 - E ·2 2,15: - M I. :34'' £ 0 'p CE355 31 33 39 .E -92 '2. 2 #g ' 6- a. IM 2 -g v 'i 31 5%*BI , ** 1 9 : 2,19 2 = Ct) U 5.Re 1= 2, 1 42 i_ - e 2 * 2/ 2[1 -8 3/ 8 - (0 4 - -0-0 a- ER 0 0 1 3 0 4. all} 13 1 . 9 2% E a. n - . CD U ac ·23%*21/1 CE flitrl~ ~1 M WS 19 8 al & v 2 2 J % 2 - _ .- .- 0 cccc 0 3 3: 2 !2 '0 0 r- c L 6. J . v Bv m R & 12_ E _2.1- 2 _ .2_ *1 ti R -3- cz: 2~ 8 j:3 2 i S Z 00'SZ Lar mer Jefferson Douglas per event $1.00 0.5 0.5 00.5$ 36 00.SISI 00.05$ 00.05 00.05$ aaJ OU JO}e .1/'UL... * 5 104 _ OOPES_ OOPES - . . EN 99 _ JnOH U no fee er rolloff needed per d mpster needed Facilities 2008 Fees $250.00 25.00 nofee _ _ no fee aaJ OU JON?.lado /AA Tents and Equipment - these are first day fees - multi day events fees are reluc Picnic Tabl s I A > co- - -- --- --7 - - -- E 00 JN , m 8 m *g L O ON 28 CO &2 JN 0 A U , *k ~ I io) >00 - O 0,0 0 0 0.: 5% 50 21 2 50.* 9: g Lfi N Lnl LA in ~ * I & 8 in Vi inini/> : lit # r.. ro . 1 ki -0 2 <C . e I & * I ~5 2 R + 22 U-'1 iin = U. 2 1 40 Jit ~t Z bi b * &61 2 5 212 000 ;61 50 0 0 0 01 -gl 0 6 Vi 6 0 9, 0 MIN In .1 01 ™ S in· in in· in W C 1 in V) 14114 M . 1 I I i N I '1 - , 1 S 2 !41 C: U, '4 /4 6.1 0 /1 4 . m 10 2. Ur C il Z (1, (1) & 2 '6 2 : E ~ ./ m b %1 . 0 & 94% £ el £, = g. 2 2%.45&& ii 3% 1 7 ~ 2 * * 2 rM 0 1 2 .2, b .2 ~1 / f u 11 3 £1: E i % € MI € T & S : hz 4 ma- 91 16 0- ·!C! u c liff p c glE A # S N 1 1 1 .. Q) .M h O. 51 4 EE z zi 2;#92E * 4, C e b .5 2 ,@3 -512:E[30%E'82EB £ 2§ A- 2 8 5 L .912 ·8 -9 3: # 8 -9 ~ 8 5 . C k 0 - E 2 2 *% N woaa 6- a) E ; - n * 9 %12 E e -2 ,/1 ~ 1 _3. ZE! k 3 --002 a. 2 2Fpr b - Jefferson Douglas Boulder . sanne 00.00 1st hr and $50.00 2008 Fees 2009 Proposed Fees 20 volt receptical no fee per event k?o volt receptical ~ f no fee per event no fee per event a .ulw 00'ginii;KeoianialiES. uilu OO SES 41!M aieds Jad 06'$* uill] 00'SZ$ 41!AA @]eds Jed 001$* .ulul 00'€0 41!M aoedsuad OL:$* Estes Park Estes Park saa; ip aionobau At)ul jafjouow Spuno.161!03 341 '4!unwwo) 341 01 1!Jauag pUD JUBA3 a %08 puD uo.!Dz.!uof,o jijoid uou D st) a:Dls Jo A.tola.i)as all; 4;!AA pa.~als!63, aq :snul noA 'alm Wo.Id uou p )Manure Disposal.Eee $3.00 Commercial no fee no fee no fee no fee rented one night Alluala#!p Op Jad aio ctrical/P.A. per event 7 ·AaIIDA 93153 34; u! ap.!Sak ~D JOU 310 5300 IParkst