Loading...
HomeMy WebLinkAboutPACKET Town Board 2001-07-10it Prepared 7/03/01 » Revised 7/05/01 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 10, 2001 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 12, 2001, and Study Session dated June 12, 2001. 2. Bills. 3. Committee Minutes: A. Public Works, June 21, 2001: 1. Causeway Underpass Final Design/Const. Mgmt. - Scope of Services. 2. Fish CreeWHwy. 36 Intersection Preliminary Engineering - Scope of Services. 3. 2001 Loop Project Change Order. 4. Stanley Ave. Intersection Change Order. B. Community Development, June 28, 2001: Museum Dept./Senior Center: 1. Willows Property - Apply for State Historical Society Register Nomination. 2. Special Transit Agreement for 2001 & 2002. Special Events Dept.: 1. Budgeted Equipment Purchases. 4. Estes Park Housing Authority, May 9, 2001 (acknowledgment only). 5. Estes Valley Planning Commission, June 19, 2001 (acknowledgement only) lA. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek open the Public Hearing(s). If the Town Board, Applicant(s), Staff or the Public wish to speak on a particular item, a formal Public Hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1 Continued on reverse side 1. SUBDIVISION. Amended Plat of Lot 21A, Quasebarth Resubdivision, Robert & Diane Howell/Applicants. 2. SUBDIVISION. Castle Ridge Minor Subdivision, Tract 65A of the Amended Plat of Tracts 65 and 66, Fall River Addition, Van Horn Engineering/Applicant. 2. ACTION ITEMS: 1. ESTES PARK URBAN RENEWAL AUTHORITY - REQUEST CONSIDERATION OF EPURA RESOLUTION #297. Town Administrator Widmer. 2.UQUOR LICENSING: A. STIPULATION AND AGREEMENT executed by East Side Food Store, 3.2% Retail Beer License, Thomas Kim/Licensee. FINDINGS AND ORDER OF SUSPENSION for sale to a person under 21 years of age. B. STIPULATION AND AGREEMENT executed by Rocky Mountain Pharmacy of Estes Park, Inc., Liquor-Licensed Drug Store License, Rocky Mountain Pharmacy of Estes Park, Inc./Licensee. FINDINGS AND ORDER OF SUSPENSION for sale to a person under 21 years of age. C. Public Hearing: NEW HOTEL & RESTAURANT LIQUOR LICENSE for Regnel, LLC, dba CHELITO'S MEXICAN RESTAURANT, 145 E. Elkhorn Ave. (formerly Andrea's of Estes). 3. »TEMPORARY USE PERMIT FOR ROCKY MOUNTAIN EVANGELICAL FREE CHURCH OF ESTES PARK - Chris Moody/Representative. 4. TOWN ADMINISTRATOR'S REPORT. 5. ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, June 12, 2001 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 12th day of June, 2001. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:01 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 22, 2001. 2. Bills. 3. Committee Minutes: A. Community Development, May 24, 2001. B. Public Safety, June 7, 2001. 4. Estes Park Housing Authority, April 11,2001 (acknowledgment only) 5. Estes Valley Planning Commission, May 15, 2001 (acknowledgement only). 6. Estes Valley Board of Adjustment, June 5, 2001 (acknowledgement only). 7. Liquor Licensing: A. Resolution #21-01 - New Hotel & Restaurant Liquor License Application filed by Regnel LLC, dba CHELITO'S MEXICAN RESTAURANT, 145 E. Elkhorn Ave. (formerly Andrea's of Estes) - Schedule Public Hearing on July 10, 2001. .. Board of Trustees - June 12, 2001 - Pade 2 B. Resolution #22-01 - Liquor License Complaint. Schedule Show cause Hearing on July 10, 2001 for ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC., 453 E. Wonderview Ave. I C. Resolution #23-01 - Liquor License Complaint. Schedule Show Cause Hearing on July 10, 2001 for EAST SIDE FOOD STORE, 381 S. St. Vrain Ave. 8. Resolution #24-01 - Authorization to execute funding letters between CDOT and the Town for 2001 and 2002 Budgets for the Causeway Underpass/Fish Creek Trail Project. 9. Resolution #25-01 - Intent to Annex Lake Estes Second Addition. Schedule Public Hearing on July 24, 2001. ' It was moved and seconded (Newsom/Doylen) the Consent Agenda be approved, and it passed unanimously. , lA. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek noted that a public hearing would be conducted if the Town Board, Applicant(s), Staff or the Public wish to speak. 1. SUBDIVISION. Final Plat of Cherokee Meadows, Third Filing, Ron Gordon/Applicant. This Third Filing Plat is the final phase of Cherokee Meadows, and will create 12 single-family lots with E-1 Estate zoning. The Planning Commission has recommended approval and all Staff conditions have been met. As there were no public comments, it was moved and seconded (Doylen/Gillette) the Cherokee Meadows Subdivision, Third Filing, be approved, and it passed unanimously. 2. ACTION ITEMS: 1. RESOLUTION #26-01 - BANKING AGREEMENT WITH THE BANK OF COLORADO - APPROVAL. Finance Officer Brandjord reported that an RFP for banking. services was distributed to local banks and responses have been received and evaluated. The result is the selection of the Estes Park Branch of the Bank of Colorado. Staff is recommending approval of the Agreement for Banking Services to improve operational efficiency, lower costs and enhancing k interest revenue, re-evaluating services after one year. Town Attorney White read the Resolution, and it was moved and seconded (Habecker/Doylen) Resolution 26-01 be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. , , A, 2001 Organizational Chart - Submittal. As required by the Municipal Code, an administrative organization plan was presented for approval. Several routine' changes have been made including the addition of the Estes Park Housing Authority. Substantive changes include the duties of the Assistant Town-Administrator.that include direct supervision of the Museum/Sr. Center, Ad*ertising, Community Development, Special Events, and Conference Center Departments. Mayor Baudek requested 'Estes Pakk Voters' be revised to 'Estes Park Citizens.'. It was moved' and seconded (Newsom ' /Gillette) the 2001 Organizational Chart, as amended, be approved, and it passed unanimously. B. Marketing Bill - Governor's Veto. In a letter dated June 5, Governor Owens stated he has vetoed HB 01-1386, the modification to the Local Marketing District Act. The Colorado Municipal League has advised that, as an option, Board of Trustees - June 12, 2001 - Page 3 the Town could consider becoming Home Rule. Mayor Baudek will forward a formal response directly to the Governor. Mayor Baudek commented: (1) the Town Board meeting scheduled June 26*has been canceled, and (2) two liquor licensees will face a Show Cause Hearing for alleged liquor violations; the Police Department manages the Compliance Check Program and he urged all licensees to obey the law. 4. REQUEST TO ENTER EXECUTIVE SESSION TO RECEIVE LITIGATION BRIEFING FROM TOWN ATTORNEY WHITE. It was moved and seconded (Barker/Doylen) the Board enter Executive Session as stated, and it passed unanimously. Whereupon Mayor Baudek declared a 5-minute recess at 7:24 and adjourned the meeting to Ekecutive Session. John Baudek, Mayor Vickie O'Connor, Town Clerk BRADFORD PUSLISHING CO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 6, 2001 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 12th day of June, 2001. Board: Mayor Baudek, Trustees Barker, Doylen, Gillette, Habecker, Jeffrey, Newsom: Attending: Mayor Baudek, Trustees Barker, Doylen, Habecker, Jeffrey, Newsom Also Attending: Town Administrator Widmer, Assistant Town Administrator Repola, Clerk O'Connor, Directors Brandjord, Joseph, Kilsdonk, Marsh Absent Trustee Gillette Mayor Baudek called the meeting to order at 8:32 a.m. ESTES PARK HOUSING AUTHORITY (EPHA) -DISCUSSION. Sam Betters, Ex. Dir./Loveland Housing Authority, reported that the EPHA has completed its first year of operation, and accomplishments include: • Establishment of the organizational structure, including a re-write of its Bylaws, and creation of its mission and purpose to guide activities. • Presentations to over 30 local organizations introducing the EPHA and its mission. • Acquired 20, Section 8 Housing vouchers that provide rental assistance to ver'y low income Estes Park residents living in private sector housing. • Reviewed and inspected 15 properties for potential acquisition. • Acquired and renovated their first property, a 10-unit apartment building on Cleave St. • Obtained a $100,000 grant fro the Colorado Division of Housing for the Cleave St. property. • Obtained a $475,000 commitment from the USDA Rural Housing Development Agency to provide low-interest loans for home ownership. The 2001 Budget, in the amount of $241,358 was also reviewed (water and sewer taps, pre-development activities, HACOL Staff Contract, and land acquisition). The EPHA is requesting: 1. With the exception of the $70,625 for water & sewer taps, (1) transfer the fund balance to EPHA Operating Account, and (2) transfer monetary control to the EPHA Board of Commissioners. The current system provides that EPHA submit monthly draw requests to the Town for their review and approval. In the event EPHA is unable to utilize water & sewer tap fee funds, EPHA requests authority to carry-over the funds to the following budget year. 2. Allow the EPHA to retain any unspent funds at the end of each fiscal year as a means of rewarding its effitiency and capitalizing the organization. 3. Approve a $10,000 increase in the HACOL Staff Contract to accommodate the increased staff hours necessitated by the current efforts and activities of the IRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Town Board Study'Session -June 12, 2001 - Page 2 EPHA. A summary of the question and answer period follows: confirmation that the Finance Dept. is able to administer transferring budget authority directly to EPHA subject to audits; the additional $10,000 funding request is needed this budget year; end-of-year budget balances are transferred to the General Fund; the sewer and water tap budget line items totaling $70,625 are being funded by the Town's General and Water Funds, and the Town Board could restrict this funding for this purpose; ahd concern that if all or a portion of the budgeted funds are not utilized in 2001, they will be retained and available in 2002. Consensus: The Town authorizes (1) with the exception of the $70,625 for water and sewer taps, the 2001 fund balance be transferred to the EPHA Operating Account; (2) . monetary control be transferred to the EPHA Board of Commissioners; (3), approval of the additional $10:000 in the HACOL Staff Contract; (4) EPHA provide monthly reports to the Board of Trustees; and (5) Director Bettets and Town Attorney White prepare and submit a revised IGA between HACOL and the Town to reflect the Board's action. Additionally, the EPHA will continue to submit yearly budget requests to the Town. In closing, Dir. Betters distributed a "Home Ownership Forum" flyer that is scheduled June 19: Dir. Betters responded that the EPHA received 20 Federal Section 8 Vouchers, 3 remain outstanding, and the EPHA is applying for additional vouchers. These vouchers are portable and travel with the applicant. VEHICLE REPLACEMENT FUND - EXPLANATION & DISCUSSION. At the Mayor's request, Finance Officer Brandjord provided an extended long-range plan to fund the replacement of vehicles. Such a plan would provide more-consistent budgeting and management of the Town's vehicle fleet. A reserve account could be established and funded to offset annual depreciation expense as determined by the existing General Vehicle Replacgment Policy Guidelines. An annual charge would be made for each qualifying vehicle, and accumulated in the reserve account. When the balance in this reserve is sufficient, and a vehicle is due to be replaced pursuant to the Vehicle Replacement Policy Guidelines, the reserved funds would be used to make planned purchases. , Fleet Maintenance Division provides detailed reports on the fleet, including the acquisition date and price, anticipated life of the vehicle, and expected replacement costs for an extended time period. This information provides the basis for the annual charges to build and maintain a reserve account. The vehicle information would be updated at least annually for budgetary review and action. The advantages of this means of funding vehicle replacements includg 1. Providing a rational basis for long-range planning of equipment replacement. 2. Establishing a funding mechanism for tpurchases and leveling budgetary requirements for capital asset acquisitions. - Discussion followed relative to various scenarios (wreckage--Plan adjustments, a 6-yr. timeframe to assemble the fund, trade-ins, and lack of control). Consensus: Staff prepare options relative to utilizing a portion of the current Reserve Fund to establish the Vehicle Replacement Fund. No further action was taken pending receipt of the requested information. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Town Board Study Session - June 12, 2001 - Page 3 Mayor Baudek declared a recess at 10:00 a.m. Mayor Baudek reconvened the meeting at 10:10 a.m. Pursuant to time constraints, Trustee Habecker requested, and Mayor Baudek granted, the delay of the Sister City Item to allow discussion of Items 4 through 6. HIGHWAY CORRIDORS DESIGN STANDARDS - DISCUSSION. At the Town Board Study Session 7/18/00, discussion was held on creating design standards for the highway entrances and downtown area. Consensus was reached to direct Staff to review options that would address metal buildings, second story smooth planes, incentive programs, and the like. Community Development Director Joseph stated there are two types of visual impacts that can occur along the highway corridors: (1) the appearance of the buildings themselves (this may be the highest briority), and (2) the potential for view obstruction by the buildings themselves. Approaches that could avoid a commercial building that is designed to attract attention in such a way that the community would find objectionable include: 1. Provide appropriate restrictions on corporate architecture (e.g. fast food). 2. Restrict the use of large areas of primary colors on buildings (e.g. bright red roofs). 3. Restrict the inappropriate use of some building materials (e.g. metal buildings). 4. Prevent the construction of large expanses of blank walls in unbroken planes. Director Joseph noted that if the four Issues above are the Board's first priority (in lieu of view corridors), and if the four issues remain relatively fundamental, the ordinance could be prepared in-house. The restrictions must be apparent and understandable. Trustee Barker noted his dissatisfaction with additional regulations and how they add costs to homeowners, and he cautioned against giving credence to the vocal minority. Consensus (minus Trustee Barker): Staff work on the four items identified above, with submittal of a basic draft to the Planning Commission within 3 months from this date. No further action was taken on the view corridor issue at this time. ACCOMMODATIONS ZONING: CONSTRUCTION, CONVERSION - EROSION OF ECONOMIC BASE? In a joint memo dated June 7, 2001 with Attorney White, Community Development Director Joseph reported that there has been a marked trend over the last few years, to convert commercial accommodations into condominium ownership. In most cases these units are used as second homes, however, units may be used as primary residences as well. A list of conversions was presented with Staff adding that this trend can be expected to continue. The traveling public desires larger accommodation units with at least some kitchen facilities - this trend can also be expected to continue, and this makes most new accommodations prime candidates for condo-conversion. Compounding this trend is the current allowance of multi-family development as a "use by right" within the Commercial Accommodations zoning district. 'Nearly all of the RM- ./ADFOR/PUBLISHING.0. RECORD OF PROCEEDINGS Town Board Study Session - June 12, 2001 - Page 4 zoned land is built-out, thus developers are turning to the vacant land zoned 'A" to satisfy the demand for residential condominiums. This general trend may be offset to the extent that condo owners take advantage of the Town's Short-Term Rental Ordinance. Since its inception, a total of 41 units have been licensed within the Town. Outside Town limits, a total of 14 short-term rental registrations have been received. The situation described above is further complicated by distinctions between pure residential use and pure commercial accommodation use that the Zoning Code attempts to make. These distinctions include different density formulas and floor area allowances. A key element in the density formula is the presence of a full kitchen vs. a limited kitchen as define8 by the Code. One question that has been raised is whether or not motel-type units with limited or no kitchens should be converted into condo units. It is dertain that this has led to th& retrofitting of kitchens in violation of the Zoning Code, posing a difficult enforcement problem. Other considerations related to condominium ' conversions include adequate public facilities, non-conforming densities, and reservation of future development rights. Director Joseph requested a decision on whether the Code should be amended to require adequate kitchen facilities for condominium conversions. Trustee comments/questions included: concern with the eroding economic base, assessment of accommodations is three times that of residential, and condominiums are assessed at the residential rate, density formula, fire safety, and enforcement issues. Consensus: Staff be authorized to prepare regulations requiring adequate public facilities for condominium conversion (treat as though subdividing). The Board will ad8ress tax concerns relative to erosion of the ecoh6mic base by this Fall. CHAMBER RESORT ASSOCIATION (CRA) & MARKETING ADVISORY COUNCIL (MAC) - DISCUSSION. The Town and CRA created the Marketing Advertising Council to develop long-tbrm marketing direction and to give advice on expenditures. MAC has met regularly to accomplish its stated mission. MAC meetings are now infrequent, however, the MAC Advertising Subcommittee continues to meet on a regular basis. It has become apparent to Trustee Liaisons and Staff that MAC is no longer serving the purpose for which it was created and believes it should be dissolved. An Advertising Policy Advisory Committee should be maintained, and persons with advertising experience and background should be so appointed. Discussion followed on the Estes Park Improvement Contribution (EPIC) funds, the intent of which was that these funds would be part of the Town program-a partnership between the CRA and Town. However, CRA has stated EPIC funds were utilized for other projects. Additional comments were made on the telephone answering service, vacation planner, and communication. Consensus: (1) The Town will take a pro-active role by dissolving the Marketing Advertising Council; (2) maintaining the Advertising Policy Advisory Committee, appointing skilled persons with advertising experience (the Town will publicly seek candidates); and (3) staff determine the total EPIC contribution by both the Town and BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Town Board Study Session - June 12, 2001 - Page 5 CRA. The aforementioned is based on the Town's fiduciary responsibility, and not intended as an attempt toward destroying the Chamber. SISTER CITIES PROGRAM - DESCRIPTION AND DISCUSSION. In his memo dated June 7, 2001, Town Administrator Widmer reviewed the Sister Cities Program, advising that the Town has again been approached to consider starting a Sister Cities International Program. There are no immediate budget impacts, however, future funding could be budgeted when appropriate. Staff believes the value of a Sister Cities Program is significant if a compatible match can be established, and is requesting the Town Board consider establishing an ad hoc group to explore establishing a Sister Cities Program. A 501C3 tax-exempt designation and Committee must be established, then the Committee would assume administration responsibilities (with municipal support). Consensus: Staff assemble an ad hoc committee to possibly include Town Board representation. There being no further business, Chairman adjourned the meeting at 11:46 a.m. 0 GAL O·Q»-L»·) Vickie O'Connor, CMC, Town Clerk BRADFOADPUBLISHING CO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 21, 2001 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 21St day of June, 2001. Committee: Chairman Barker, Trustees Doylen and Gillette Attending: Chairman Barker, Trustee Doylen Also Attending: Assistant Town Administrator Repola, Public Works Director Linnane, Clerk O'Connor Absent Trustee Gillette Chairman Barker called the meeting to order at 8:01 a.m. CONTINUATION OF DISCUSSION ON COMMERCIAL TRUCK TRAFFIC ON AVALON DRIVE - REQUEST TO PROHIBIT COMMERCIAL TRUCK TRAFFIC. This item was presented at the May 17th Public Works Committee meeting, and following public testimony and discussion, Staff was directed to research various options and report their findings at the June meeting. Since the May Committee meeting, additional letters were received from Mike and Laura Schmidt and Mona Whitney. In a memo dated June 19th submitted by Community Development Dir. Joseph, Public Works Dir. Linnane, Police Chief Richardson and Assistant Town Administrator Repola, Staff reported that various aspects of the issue have been studied, as follows: ~ The Police Department has conducted studies of the speed, traffic counts and types of traffic on both Avalon and Acacia streets. The average speed is approximately 30 mph and approximately one-third of the traffic is double axle trucks. In addition, the Police Department has researched traffic accident history from 1/99 to present. During this time, there were 3 accidents on Acacia and 2 on Avalon-none of which involved trucks. 1 The Police Department has measured the traffic noise in decibels and results range from 46-581 dB for a sedan to 69 dB for a concrete truck. A new diesel pickup truck registered 73 dB. > Community Development researched practices related to zoning and traffic restrictions and based on said research, restriction on truck traffic is not warranted. > Staff observed both vehicle and pedestrian uses on Avalon 5/30 and 6/4. Between 7:25 and 7:45 a.m., staff observed three children walking along Avalon, however, there was no truck traffic. > Public Works reviewed: (1) Engineering Standards as they apply to the appropriateness of heavy truck traffic on this residential street. Sight distance, conflict points/turning movements, vehicle and pedestrian counts, and density/zoning are considered when addressing safety of traffic on any given street. Based on these parameters, Avalon is similar to the other alternate truck routes, and present no more traffic danger than other routes. (2) Truck equipment issues related to "jake" brakes and required mufflers. It has been determined that to prohibit "jake" brake use would reduce the safety of truck operation on any street. Staff confirmed that relative to factory installed exhaust systems, truck owners have indicated that their vehicles are BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee - June 21, 2001 - Page 2 properly equipped. (3) As previously stated, none of the conditions used in other jurisdictions when truck traffic is restricted apply to this circumstance. Summary: given all collected data and input from Town Staff, it is very difficult to justify the relocation of commercial truck traffic from one neighborhood to another. A solution to the problem could be to focus on reducing commercial truck traffic noise rather than eliminate truck traffic. Three options were presented for consideration: 1. Town personnel perform random commercial tiuck inspections to ensure trucks are equipped with factory installed exhaust systems (would require training). 2. Prohibit truck traffic on Avalon between 10:00 p.m. and 8:00 a.m. Friday evening to Sunday evening. 3. Take no further action. Additional Staff comments were offered by Assistant Town Administrator Repola (reviewed traffic counts and confirmed vehicular speed appears to be within range; since 1999, therewere 5 accidents on Acacia and Avalon, none of which involved trucks; due to site visibility and speed, CDOT would mosi likely not support a traffic signal at Hwy. 36 and Fish Creek Rd.; and noted Mayor Baudek's memo dated June 11th urging all parties involved to work together in solving the problem while minimizing the negative impact for all concerned). Additional public testimony supporting a ban of commercial truck traffic on Avalon Dr. was heard from Jeanne Tippin, 1641 Avalon Dr., and Mike and Laura Schmidt, 1110 Brook Dr., and a summary is as follows: presented a copy of Menlo Park, CA's Noise Ordinance, decibel levels, particularly when trucks are empty; support for using Fish Creek as an alternate route, child safely particularly as there are no sidewalks, and zoning designation in the area. Committee discussiAn included: the difficulty in segregating traffic due to Federal land surrounding the Valley, the Fish Creek/Hwy. 36 Intersection is regulated by CDOT, review of the 3 options provided by Staff, traffic calmer-has its affect increased truck noise, child safety, and how mitigating the truck noise in this neighborhood and re- routing trucks would create a problem elsewhere. Concluding all discussion, the Committee recommends approval of (1) Option 1, training Police Officers to conduct truck inspections to ensure that the truck has met Original Equipment Manufacturer (OEM) Specifications for both the exhaust system and the jake brake, if a jake has been installed, (2) commercial truck drivers follow good neighbor practices, and (3) the Police Dept. continue monitoring the neighborhood for noise and speed concerns, and cautioning children to observe safety rules. Chairman Barker declared a recess at 9:10 a.m. Chairman Barker reconvened the meeting at 9:12 a.m. CAUSEWAY UNDERPASS - FINAL DESIGN AND CONSTRUCTION MANAGEMENT - REQUEST APPROVAL OF SCOPE OF SERVICES. The underpass project is scheduled for constructed in the Spring/Summer of 2002. CDOT is funding part of the project with Federal Enhancement money. They have scheduled a tentative advertisement date of January 2002, therefore,· Final Design must be completed by December 2001. IRADFO//PUBLISHING /0 RECORD OF PROCEEDINGS Public Works Committee - June 21, 2001 - Page 3 Cornerstone Engineering has submitted a Final Design and Construction Management Scope of Services at a cost of $68,136 (ttis is less than 10% of the estimated construction cost), and Staff is recommending approval: Budget (engineering and construction): CDOT $324,000 Town $300,000 Cost of Final Design/Construction Management: $ 68,136 The Committee recommends approval of the Scope of Services in the amount of $68,136 submitted by Cornerstone Engineering. FISH CREEK/HIGHWAY 36 INTERSECTION PRELIMINARY ENGINEERING REPORT - REQUEST APPROVAL OF SCOPE OF SERVICES. Larry Haas, CDOT Safety Engineer, informed Staff that CDOT money is available to reconstruct the Fish Creek intersection in order to bring it into compliance with CDOT engineering standards. The new intersection would be a standard "T" perpendicular intersection similar to the Highway 34/36 intersection. CDOT would like to incorporate this project into the Causeway Underpass Project scheduled to begin Spring 2002. Cornerstone Engineering is the engineering company for this project, thus CDOT has authorized Cornerstone to submit a Scope of Services cost for a preliminary report on the intersection. This report will include a cost estimate which will help CDOT determine if there will be enough money available to completely reconstruct the intersection and proceed with the project. If the cost estimate is favorable, Cornerstone will be asked for a Final Design and Construction Management Scope of Services. The Town is not being asked for any funding; however, the Town is being asked to contract with the engineering firm, pay the invoices and be 100% reimbursed for all expenses. The Cornerstone Preliminary Report Scope is for $12,980. The Committee recommends approval of Cornerstone's Scope of Services in the amount of $12,980, being reimbursed 100% by CDOT, and supplementing the Public Works Department budget to accommodate the $12,980. The Committee emphasized that Cornerstone Engineering is the engineering firm putting the bid package together, and utilizing one engineer facilitates the project. WATER DEPARTMENT 2001 LOOP PROJECT CHANGE ORDER - APPROVAL. The 2001 Loop Project includes a section of water main that begins at the intersection of Columbine Drive and High Drive in the Beaver Point area, and it extends west to the west portion of Rams Horn Village. From there, it jogs south along the west portion of Rams Horn Village where it reconnects to the water main within the Blue Arrow RV Park. Cornerstone Engineering itemized the change order in the amount of $9,019.38. Work has been completed and Chairman Barker was informed of the extra work approximately three weeks ago. Work included: 1. Extra service line connections to Rams Horn. 2. Extra service line length to 1161 High Drive. 3. One extra fire hydrant on High Drive. 4. Extra asphalt quantities for Rams Horn Village and extra flow-fill for the crossing of Highway 36 service road to the Park. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS ; Public Works Committee - June 21, 2001 - Page 4 Although a prescriptive right Was available for Item #4, the RMNP requested an alternate, thereby raising costs. Chairman Barker-stated that when a prescriptive right is not used, perhaps the agency requesting the chahge should help fund the dollar increase. Director Linnane confirmed that the change order could be funded from the $50,000 under-budget bid amount for this project. The Committee recommends approval of the change order in the amount of $9,019.38, the funding source being the under-budget amount for this project. STANLEY AVENUE INTERSECTION PROJECT CHANGE ORDER - APPROVAL. Kitchen & Co. completed this widening project on time. The original contract amount was $53,752, the final cost, including additions and changes, is $58,287.05, a $4,535.05 overrun. During the course of construction, certain field decisions were made to construct and replace underground utilities to avoid the need to excavate within the new roadway and future new asphalt, and various items were specifically provided for property owners: • The Light & Power Dept. has agreed to reimburse the project $3,251 for six conduits placed under Stanley Ave. near the Stop sign. • Lot 34A had a steel water service and 4" clay sewer service lines that were excavated, exposed and abandoned. A new 6" PVC sewer and W copper water service lines installed for future use. The associated cost is $3,214, and staff recommends adding this expense to the lot, which is currently for sale, to be paid by the n@w owner upon request for a building permit or redevelopment plan. • A new 18" culvert was added and it will provide a drainage outlet for future improvements on Lot 33. Staff recommends that $2,987 improvements costs be tied to this lot, to be paid upon the proposal of any future redevelopment. Thus, the potential reimbursement on this project is $9,452, for a final project cost of $48,835.05. The Committee commended the good work, and recommends approval of Items 1-3 listed above. REPORTS. None. There being no further business, Chairman Barker adjourned the meeting at 9:25 a.m. 9 LUL 0 -Ou,uk/J Vickie O'Connor, CMC, Town Clerk ~RADFORO PUBLISHING CO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 28,2001 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 28 TH day of June, 2001. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: All Also Attending: Assistant Town Administrator Repola, Directors Hinze, Kilsdonk, Pickering, Thompson, Clerk O'Connor Absent None Chairman Doylen called the meeting to order at 8:00 a.m. MUSEUM REPORT: 1. Willows Property - Request authorization to apply for State Register Nomination. Director Kilsdonk and Susan Zietkiewicz (volunteer) gave a historical review of the Birch Cabin located on the Willows Property. The Town has purchased this property, and there is an opportunity to preserve and protect the historic and natural character of the cabin and shed. Properties on the State Register are eligible to compete for State Historical Fund grants, and the Town would be free to manage the property provided no state license, permit or funding is involved. Nominal costs are anticipated. The Committee questioned whether the State designation would prevent future public purpose improvements, such as trails. Staff reiterated that the Town is free to manage the property. The Committee recommends: (1) approval of Staff's request to apply for State Register Nomination for the buildings and land (Willows Property), and (2) Staff investigate possible uses of the site, such as employee housing, Museum property, etc., and obtain State confirmation what limitations, if any, would be placed on the site if so designated. 2. Mini-Van - Request authorization to Bid. The 2001 Budget includes a 7- passenger minivan that is intended for use by all Town Departments. The 1984 Ford Ranger has been recommended for replacement and would be traded-in or sold at auction. The budget estimate is $22,000 less trade-in value for the Ford Ranger. The Committee recommends Staff be authorized to bid the Mini- van, returning to the Committee with a bid recommendation. 3. Attendance. Attendance and admission graphs were presented/ SENIOR CENTER REPORT: 1. General. Staff reported on fund-raising activities, Special Transit, site visits, personnel, CACS Conference, Heritage Garden and Special Summer Activities. Discussion followed on the suggested donation of $4.00 for meals as the Town has been accused of mistreating seniors. The Committee reiterated that services are not denied to seniors pursuant to the donation concept and anonymity is strictly maintained. Additionally, during the summer season, donations significantly increase. 2. Special Transit Agreement for 2001 and 2002. A revised 2-yr. Letter of Agreement was presented between Special Transit of Boulder County, Inc. and aMADFOROPUBLISHINGCO· RECORD OF PROCEEDINGS Community Development Committee - June 28, 2001 - Page 2 the Town. Currently, this agency provides 3 days of transiUper week, year around, and is used primarily by year-round residents. The demand, however, is far greater. The Town's funding support is $11,232 in 2001, and $11,700 in 2002 at the current service level. The Committee recommends approval of the Agreement as presented. For upcoming budget discussions, Ass't. Admin. Repola will contact Special Transit to obtain budget implications of expanding the service by one day. SPECIAL EVENTS - REQUEST APPROVAL OF BID FOR EQUIPMENT: 1. "Gator" Utility Vehicle. The Committee reviewed two bids for this budgeted ($7,800) equipment, and recommends acceptance of the Bi-State Machinery bid in the amount of $4,946.42 (includes trade-in) for a new Gator 4x2 Utility Vehicle. 2. Bobcat "Skid Steer" Loader with attachments. The Committee reviewed one bid for this budgeted ($29,500)-equipment, 'and recommends acceptance of the Colorado Machinery Co. bid in the amount of $29,082 with attachments, retaining the 1988 Ford tractor. The Committee requested the fleet needs of the Special Events Dept. be examined and a report submitted during the next budget session. ADVERTISING REPORT. Director Pickering reported that Requests for Information are up 6%, and reviewed the steps the Advertising Comm. has initiated to address the downward trend of the ecohomy. Trustee Barker commented that the accommodations sector has, in the past, been the leader in sales tax, if this sector is down 5%, rainifications are far-reaching. The'State tourism effort of $6 Millionhas not reached the desired result of increasing tourism as statistics indicate Colorado is experiencing a 40% decline in the tourism industry. MISCELLANEOUS. 1. Trustee Habecker questioned the status of the Multi-Use Facility being proposed at Stanley Park, and expressed his dismay that he has not·been briefed. 'Chairman Doylen added that she has received comments that the Town should look at bther facilities and discuss the mechanics of the structure with their managers. Trustee Barker, Project Team Member, reported that the EVRPD intends to seek voter approval in November, 2001, the design/build team has conducted public meetings to receive community input on the structure, that a drawing should be received within 3 weeks, and he- confirmed that the Team has discussed this proposal with managers of existing facilities. Assistant Town Administrator Repola will report Trustee Habecker's request to Town Administrator Widmer. 2. Committee Agenda - Revision. Community Development Director Joseph will, from this point forward, attend monthly Community Development Committee Meetings and his report will include proposed revisions to the Estes Valley Development Code. There being no further business, Chairman Doylen adjourned the meeting at 9:38 a.m. Gr-L 0 ·Uu,-2 Vickie O'Connor, CMC, Town Clerk Estes Park Housing Authority (EPHA) Board Meeting Date: May 9, 2001 Members Present: Eric Blackhurst, Sue Doylen, Lee Kundtz, Louise Olson, & Karla Porter Members Absent: Staff Present: Sam Betters, Carolyn Coffelt, & Jean Michaelson Others Present: Guests: Greg Burke, Michelle Johnson, Rita Kurelja, Sarah Rhodes, Dave Shirk, & Joe Wise The May 9th meeting of the Estes Park Housing Authority was called to order by Sue Doylen, Chairperson, at 8:31 a.m. in the Room 202/203 of the Municipal Building of the Town of Estes Park. APPROVAL OF MINUTES Sue Doylen asked if anyone had any changes, comments, or questions to the April 11th minutes. Lee Kundtz moved to approve the minutes as submitted, and Eric Blackhurst seconded. Minutes approved. CLEAVE STREET The remodel on the efficiency unit will be completed today, and then it just needs to be inspected. We already have a tenant for this unit. We are waiting for final inspections on the electric. Emergency lightening and smoke detectors were put in. The Housing Authority in Loveland completed carpeting in two units. There are new screens on the outside of the building. Gutters and down spouts are in place on the back of the building. The plumbing will be complettd by tomorrow. The decision was made to use aqua plex plastic tubing rather than copper on the plumbing. This piping is guaranteed for 20 years. Housing Authority in Loveland will also complete the dry wall and shower back splash by tomorrow. All units will be cleaned and ready for occupancy by the 15th or maybe even Monday. Jean Michaelson will coordinate a tour of Cleave Street for the Board. Jean distributed a spreadsheet of the most recent draws that reflects all numbers within the budget. She also distributed a spreadsheet indicating the rent income changes for the months as the tenant leases are renewed (see attachment for specifics). Other things reflected were adjustments for parking fees which we are paying $300, increase in operating for electric, water, sewer, trash removal, etc. in accordance with the bills received. As indicated before, this is a very tight budget, and we won't see a positive cash flow till June. Greg White, Town lawyer, is still reviewing the lease for Cleave Street. As the current tenants leases expire, they will be asked to sign the new one. COMMITTEE REPORTS EPHA May Board Minutes - Page 1 of 1 REGULATORY No report. LAND Discussion held for Executive Session. PROGRAM & See section on Cleave Street. PINANCIAL EDUCATION & SUPPORT Sue Doylen did a presentation to a men's breakfast for the Community Church on April 21, 2001. She felt that the presentation was well received. Other presentations the Board felt they should do are the Land Trust, Crossroads, and the Ambassadors, which are volunteers of the Chamber. This Saturday, Louise Olsen and Lee Kundtz will do a presentation to the Methodist Lutheran Church. DEVELOPMENT & Discussion held for Executive Session. RETENTION REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Fair Housing Workshop Jean attended a fair housing forum held in Fort Collins put on by HUD and the Affordable Housing Coalition. They primarily disbussed fair housing issues-what is and what isn't. There was an organization present that indicated that they had federal funds available to do testilig in different markets. This is important for the real estate community to be aware of. Jean Michaelson will put together packets of information with resource information. EPHA will provide this information to anyone who wants it, but we will not get any further involved. Gates Letter EPHA did receive a response from the Bill & Melinda Gates Foundation. Thdy indicated that housing is not one of their focuses. They focus on library programs, and student learning and achievements among others. Louise Olsen will forward the letter to the schools. Section,8 Jean Michaelson will present a status report to the Board at the June Board meeting to see if we are serving the applicants we set out to serve. This program is currently closed. Rural Housing There are rural housing funds available for $475,200 to purchase a single-family residence, duplex or condo. The purchase can not go over $162,500, which has to indlude closing costs as well. Rural Housing will lend 40% of the total cost of the property. EPHA hopes to utilize the permanent mortgage funds, LHOP (down payment assistance program), and LHIP (rehab assistance program) to offer someone assistance in purchasing a home. Perhaps blend all three with conventional mortgages. Joe Wise, realtor, looked into possible homes in Estes that would fit in the funding range. There are 16 potential market properties. Nine of these are on Elm road, which have been condominiumized into individually freestanding small homes. They are in various states of repair, but they do have water and sewer. Karla Porter indicated that there are EPHA May Board Minutes - Page 2 of 2 rules for conventional market requirements for mortgages that we should check to see if these homes fall into that. Joe Wise gave the list of properties to Jean Michaelson. His suggestion was to get realtor community involvement in this first, before going public. Rita Kurelja will schedule a realtor meeting to have a representative from Rural Housing come to talk to them on this subject. The rural housing funds have to be committed this year. NAHRO Seminar The next NAHRO National conference will be held in Snowmass at Aspen, Colorado in August. Sam Betters indicated this is something the Board might want to consider attending. Carolyn Coffelt will mail out information to the Board. Board Meeting EPHA meetings will be moved to the Board Room for the summer while the Town renovates this room 202/203. ADJOURN Sue Doylen entertained the motion to adjourn the Board meeting at 9:30 a.m. to go into ., Executive Session. Eric Blackhurst moved to adjourn and Lee Kundtz seconded. Adjourned. Respectfully submitted, Carolyn J. Coffelt Assistant to the HACOL Director EPHA May Board Minutes - Page 3 of 3 BRADFOROPUMLISHING CO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission June 19, 2001, 1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Joyce Kitchen, Commissioners Wendell Amos, DeeDee Hampton, Ed McKinney, Cherie Pettyjohn, Edward Pohl, and Dominick Taddonio Attending: Chair Kitchen, Commissioners Amos, McKinney, Pettyjohn, Pohl, and Taddonio Also Attending: Town Attorney White, Director Joseph, Planner Shirk, and Recording Secretary Wheatley Absent: Commissioner Hampton Chair Kitchen called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated May 15, 2001, with the removal of "Acting" from Director Joseph's title. b. Amended Plat, Lots 25A & 27A, Venner Ranch Subdivision, Applicant: Mary J. Costello - Reconfiguration of three lots into two lots. This item is removed to answer questions posed by the owner of Lot 28. c. Amended Plat, Lot 21 A, Quasebarth Resubdivision, Applicant: Robert & Diane Howell - Reconfiguration of 31h lots into one commercial lot. It was moved and seconded (Pohl/Amos) that the Consent Agenda be accepted with the removal of Item b and it passed unanimously. 2. Amended Plat, Lots 25A & 27A, Venner Ranch Subdivision, Applicant: Mary J. Costello - Reconfiguration of three lots into two lots. Director Joseph reviewed the staff report. Rob Costello spoke regarding this proposal. The purpose of the plat is to remove the lot line that the house sits on. No additional traffic is expected through the access easement at this time. The access easement will not change in any way by the approval of this plat. It was moved and seconded (Amos/Taddonio) to recommend approval to the Board of County Commissioners the Amended Plat of Lots 25A and 27A, Venner Ranch Subdivision, with the following conditions and it passed unanimously. 1. A signature block shall be provided for the County Health Agency. 2. Placement of the following notes on the plat: a. Lot 26A is within an identified ridgeline protection area, as delineated in the Estes Valley Development Code (EVDC). b. Lots 25A and 26A are within identified wildfire and geological hazard areas, as delineated in the Estes Valley Development Code. c. The portion of Prospect Mountain Drive adjacent to the northerly line of Lot 25A has not been constructed. Larimer County assumes no responsibility for the construction, repair or maintenance of the streets shown hereon or the streets shown upon the "Replat of a Portion of Venner Ranch Estates (2nd~, 3. PUBLIC COMMENT None. aRADFOROPUSLISHING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission -: June 19, 2001 Page 2 3. DEVELOPMENT PLAN 01-02, RIVERROCK TOWNHOMES, PHASE XI, TRACT 4. BEAVER POINT FIRST ADDITION, 550 Moraine Avenue, Applicant: RiverRock Townhomes, LLC. Director Joseph reviewed the staff report. The intent of this application is to seek approval for the final phase of the RiverRock Townhome development that was originally planned for 24 units, with 16 now completed and sold. This request is to build the originally planned eight remaining units, to be contained within four duplex structures. The original development plan was approved in February 1995 with a two-year time extension granted in 1998, and that approval has lapsed. The applicant's request for an additional time extension from the Town Board in December 2000 was denied. The Floor Area Ratio (FAR) as calculated by the applicant is 26.5%. Correspondence from Wendell Walker was reviewed regarding barking and drainage. The parking situation will not be worsened by the addition of these proposed units. The original development plan used a single lane, one-way drive which is not wide enough to accommodate street parking. Lonnie Sheldon made additional comments. There are 47 current parking spaces; the new addition will add 24,17 more than required. The applicant is agreeable to all the conditions; however, it would be complicated td measure the current homeowners' floor space. Director Joseph advised building permits could be used to determine second story square footage. Town Attorney has reviewed current correspondence from some of the other homeowners in the development regarding the homeowners' declarations; however, neither the Commission nor the Town can make determinations regarding these issues. Public Comment: Wendell Walker, RiverRock condo owner - asked what is being done about the drainage problem. Mr. Sheldon advised how the new development would deal with drainaOe for this phase, but changes to the drainage of the existing units is not planned. 1 Bob Quick, 512 RiverRock Circle - sp~ke in opposition. Director Joseph reviewed the Floor Area Ratio and the exemption for levels below grade. Board of Adjustment allowid the interpretation proposed by Mr. Bill Van Horn to be used. This interpretation applied the 50%'to a two-dimensionhl measurement of the floor area only. Bill Van Horn spoke regarding his interpretation. Prior to the EVDC, there was no FAR. Open space is not affected by the FAR. That is determined by the impervious coverage ratio. .. Commissioner Amos expressed his concern over the Board of Adjustment's ruling. As a member of the commission that developed the Code, the intent was 50% of the volume. An amendment to tho Code will be one recourse to change the interpretation. Kathy Reed, 524 RiverRock - asked about the mud problem. Mr. Sheldon advised that the planting and further development should help prevent further soil washing into her driveway and redirect drainage around to the east property line. Town Attomfy White advised that there is a homeownefs association to deal with problems within the private development. This is not the responsibility of the Planning Commission nor the Town of Eites Park. The fact that this is not a public street limits the Town's involvement. Wendell Walker, 506 RiverRock Circle - spoke in opposition. Jim Knox. 510 Moraine Avenue, neighbor to the east - spoke in opposition. BRADFO*OPUBLIS)liNG CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 19, 2001 Page 3 In response to questions from the Commissioners, Director Joseph advised that there are no requirements in the Code that would require a sound barrier from the highway. ADA requirements are the developer's responsibility and he will have to provide certification prior to the final Certificate of Occupancy that these requirements have been met. It was moved and seconded (Amos/Pohl) to approve Development Plan 01-02, RiverRock Townhomes, Phase IX, Tract 4, Beaver Point First Addition with the following conditions, and it passed unanimously with one absent. 1. A revised Development Plan Mylar shall be provided showing all as-built footprints for all units, along with total floor area noted for each unit, prior to issuance of any new building permits. 2. A pedestrian easement has been dedicated along the highway. The developer shall be required to accomplish the rough grading for the future walkway with the completion of this final phase of construction. The RiverRock sign shall be removed from the walkway. 3. The developer shall add to the plan that all applicable accessibility standards have been met prior to issuance of the final C.O. 4. Any exterior lighting associated with the development shall be required to comply with Section 7.9 of the Estes Valley Development Code (EVDC), Exterior Lighting, which provides that all lighting be shielded. 5. The developer shall be required to provide the arterial frontage plantings as set forth in Chapter 7 of the EVDC. A planting plan for this area shall be submitted along with an improvement guarantee prior to application for any new building permits. This plan shall include slope stabilization details per Chapter 7 code requirements. A short recess was taken at 3 p.m. and the meeting was reconvened at 3:10 p.m. 4. CASTLE RIDGE MINOR SUBDIVISION. TRACT 65A OF THE AMENDED PLAT OF TRACTS 65 & 66, FALL RIVER ADDITION, Applicant: Van Horn Engineering. Bill Van Horn, the applicant, reviewed the history of this proposal. Development of the upper portion would have a very high impact, so the Cook family trust started donating on an incremental basis to the Estes Valley Land Trust. It was the intent to gift all of the property; however, their financial situation changed. Current situation is 23 acres is owned by the Estes Valley Land Trust and 7 acres owned by Mr. Van Horn. In the future, the 7 acres will be developed. This plat will establish the resultant boundaries of the property as they exist at the end of the incremental gifting process to the Estes Valley Land Trust. Since this is a new subdivision and not an amended plat, Staff recommends changing the names of the lots from "Tract 65B" and "Tract 65C" to Lot 1 and Lot 2, respectively. This wili also require a change to the dedication statement. Public Comment: None. It was moved and seconded (Pohl/Amos) to recommend approval to the Town Board of Trustees of Castle Ridge Minor Subdivision with the following condition, and it passed unanimously with one absent. 1. The names of the lots shall be changed from "Tracts 65B and 65C" to "Lots 1 and 2." 2. Current ownership information of the lots shall be removed from the plat. 5. PARK RIVER WEST a. Development Plan 01-08, Park River West, Tract 5, Beaver Point First Addition, Applicant: Richard H. Wille Trust. Bill Van Horn was present repres@nting the ap'plicant. All three items will be reviewed at the same time. Planner Shirk reviewed the staff report. This is an application for a rezoning and development plan in conjunction with a subdivision for a 66-unit condominium project. Due BRADFOROPUSLISHINGCO RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 19, 2001 Page 4 to the multiple approval requirements of the proposal, approval of the development plan must be conditioned on Town Board approval of the rezoning request and accompanying subdivision plats as reviewed at this time. All three (development plan, preliminary plat and rezoning) will be reviewed at one time and then voted on separately. The applicant, the Richard H. Wille Trust, proposes to develop a 66-unit, 31 building multi- family condominium project on Tract 5, Beaver Point First Addition to the Town of Estes Park. The proposal will be similar to other projects by the developer, utilizing the same engineer, designer, and landscape designer ds past projects. The units will average 2,240 square feet and include attached two-car garages. The applicant proposes to place the first level of 28 of these units below approximately 2-3 feet of fill material, thus taking advantage of gross square foot exemption as per Board of Adjustment decision, with a resultant .24 FAR. The project will have an impervious coverage of 41.5%. Stormwater drainage will be filtered to reduce pollutant runoff. It appears the proposal satisfies community-wide policies regarding housing and land use, though fails to address policies regarding community design and mobility and circulation, as set forth in the Estes Valley Plan. Community Wide Policy 4.2 of th6 Comprehensive Plan is to "promote street system connections between developments and promote ' an . interconnected roadway system throughout the community which minimizes cul-de-sacs." Community Development has suggested providing for a ri#ht-of-way connection to the property to the west, which could be utilized for future development of that parcel, and requests a revised Traffic Impact Analysis (TIA). The revised TIA should examine the traffic impact on Moraine Avenue and within Park River West assuming full development of Park River West with and without a western connection and assuming a multi-family development of the same density as Park River West for the parcel immediately to the wdst. Regardless of the TIA results, a secondary emergency access should be provided. This should be subject to approval by the Public Works Director and the Fire Chief. Section 7.6.E.2.a states "to the maximum exterit feasible, wetlands shall not be included as part of a platted development lot." Due to the development of the property as a condominium project under single ownership and development plan, Staff supports waiving this standard for the wetlands located along the river. In regards to the rezoning from "A" to "RM", multi-family housing is a use by right in the "A" district. Howeve'r, the Floor Area Ratio (FAR) in the "A" district is.25, while the FAR in the "RM" district is .30. In addition, the "RM" zone district has side yard setbacks of 10-feet as opposed to the "A" district, which has side yard setbacks of 15-25 feet (25 feet in this particular instance). The proposal meets the density requirements, FAR, setbacks, and impervious'coverage standards for the "RM" zone district. Due to proximity to zoned setback lines, the units located along the east and.west property lines will require submittal of a setback certificate prepared by a registered land surveyor. The submittal exceeds the 15% open space requirements for the "RM" district. The proposed open space is listed as 21.8% of the total area. The open space is divided into two separate areas: the area around the water feature and landscape berm, and the area south of the existing sewer line near the Big Thompson River. A revised landscaping plan delineating plant sizes, and location, location and type of proposed fencing, and full compliance with landscaping standards as set forth in Section 7.5 of the EVDC should be submitted and subjected to Staff level review and approval. Staff suggests including a pedestrian patWtrail to access the water feature, and an additional pedestrian path/trail located near the center of the development from the interior ring road south to the proposed "river trail." The site has a substantial credit for trees protected along the river. Street frontage, district boundary, and arterial frontage landscaping requirements will be met. The proposal is within an identified Wildlife Habitat Protection area and satisfies the review standards set forth in Section 7.8 "Wildlife Habitat Protection." The proposal will meet the requir'ements of Section 7.9 "Exterior Lighting" of the EVDC. Fire Chief Dorman has BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 19, 2001 Page 5 reviewed the submitted ISO calculations and development plan and had comments regarding street name and address system and additional fire hydrants. The submitted proposal appears to comply with applicable accessibility requirements in terms of number of units and exterior accessibility. The driveway curb cut on the south leg of the ring road serving the interior lot is measured at 72-feet wide, more than twice the maximum. This portion of the site should be redesigned to meet driveway standards. No signifitant issues or concerns were expressed by reviewing staff relative to the provision of public services. The EVDC provides that "if an Applicant fails to apply for a building permit and commences construction or operation with regard to the rezoning approval consistent with such development plan within one (1) year from the effective date of the amendment, such development plan shall automatically lapse and become null and void. At its discretion, the Town Board may institute rezoning proceedings pursuant to the procedures and standards set forth in this Section [§3.3.E] to rezone the affected land areas." In regards to the Preliminary Plat, the proposal fulfills the setback requirements but the lot created in the center does not meet minimum lot size. The grading and site disturbance plan includes a pond detainage system and a silt fence and blanket filters to protect the stream corridor. An erosion control plan is required. Limits of disturbance delineated on the plan places the wetlands outside those areas of disturbance which effects the same result as placing the wetlands in a separate outlot. Bill Van Horn pointed out that pulling traffic from the highway into a residential neighborhood is a bad idea. This property should not be dependent on adjoining properties' development. The wetlands will be owned by the association and setting it in a separate outlot will have no change. Some physical delineation on site would be a better way to protectthem. It is their intent to sill fence the entire length of the property to protect river drainage. The Board of Adjustment interpretation does not have an impact on this project. The zoning change was recommended by staff and applicant agrees that RM is more appropriate. They are willing. to provide the secondary access if it is an emergency access only. In response to a question from the Commission, Amy Plummer of Van Horn Engineering advised that the sidewalk along the highway would be 8 ft wide, the second sidewalk along the inner road would be five feet wide, and the river trail with crushed gravel finish would be three feet wide. Bill Linnane advised that this private street acts like a cul-de-sac with the corners having a 50-foot radius. If it were categorized as a through street, 100-foot radius corners would be required. Public Comment: Dale VerStraeten, property owner directly across the river- concerned with the trees and vegetation along the river being removed. Laura Orris, RiverRock condo owner - spoke in opposition. Alex Joseph, 507 RiverRock - inquired as to long-term traffic planning on Moraine Avenue, and to drainage from the property. Director Joseph reviewed the difference between a private driveway and a private street as RiverRock Circle was developed as a private driveway. Landscaping includes the transplanting of a selection of trees from the river area into the development. A report should be done to make sure that the riparian habitat is not affected by this removal. Bill Van Horn advised that the trees to be replanted are flagged. If a neighbor has an objection, they would review a request to keep certain trees in place. The grading plan is done so that drainage should not be going into RiverRock. The loop design of the road is more functional than a T-connection to the west. BRADFOROPUILISHINGCO RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 19, 2001 Page 6 Planner Shirk noted that without the TIA, the impact of having a road connection to the west cannot be known. Director Joseph commented that while this loop is superior to a typical cul de sac, in the Code interconnections are encouraged. There is also a limit of 12 dwelling units on a bul de sac. Because this is a multi-family development, this standird becomes a gray area as to interpretation. This might set a precedent as to how we interpret the Code in future similar.developments. If the option of a connecting street is desired, it must be done with this plat. Bill Van Horn responded that a good design should be preferable to meeting Code standards. Town Attorney White commented that this plan does not meet the Code based on 2 items: (1) the lot in the middle does not meet minimum lot standards, and (2) if this is a cul de sac, the dwelling units should be limited to 12. . It was moved and seconded (Amos/McKinney) that the meeting be adjourned and remaining discussion and items be continued to the July 17, 2001 meeting. Motion passed unanimously with one absent. Meeting was adjourned at 5:21 p.m. Joyce Kitchen, Chair Meribeth Wheatley, Recording Secretary I 1, Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Community Development Robert B. Joseph, Director Date: June 26, 2001 Subject: Amended Plat, Quasebarth Subdivision Background. This request is in conjunction with a development plan to lilli redevelop the corner of Dunraven Drive, 13>UN =AVEN : Stanley Avenue, and Comanche Court. ff « The purpose of the development is to provide for the relocation of the Howells (Bob's Amoco) towing and secure storage business from the downtown area to the appropriately zoned ("CH") Quasebarth -72204¥Ecr Ave M-- ~V Subdivision. The associated development - li plan has been approved by Community - Development Staff. This plat combines - - S?Nece, three and a half lots into a single lot of - record, and was unanimously approved by - - -# the Planning Commission I Budget. N/A Action. Staff recommends approval of the proposed subdivision, conditional to 1. Approval of a storm water detention system by the Town Engineer. 2. Dedication of a 10-foot perimeter utility easement. 3. Revision of the title and dedication statement as per Town Attorney White's comments dated May 17, 2001. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Community Development Robert B. Joseph, Director Date: June 26, 2001 Subject: Castle Ridge Subdivision Background. The purpose of this subdivision is to record the division of an existing tract into two lots of record. This will establish the resultant boundaries of the property as they exist at the end of an incremental gifting process to the Estes Valley Land Trust. The Planning Commission unanimously approved the subdivision. 23* ............ .... -1 34 , Budget. N/A Action. Staff recommends approval of the proposed subdivision, conditional to changing the names of the lots from 'Tract 658' and "Tract 650' to Lots 1 and 2. Administration Department Memo To: Honorable Mayor Baudek Board of Truste 7 Frorn: Rich Widmer,-- 0- Town Administr*r Date: July 6, 2001„/ Subject: EPURA Resolution No. 297 Background. The EPURA Board adopted Resolution No. 297 on June 20, 2001. This resolution requests the Town Board to take the necessary actions to assume the Knoll payment obligations and rights to ownership beginning on July 30, 2001. This is so EPURA can allocate maximum resources to implementation of Walkway Westward. Total purchase price for the 9.29-acre property (map attached) is $1,099,361.14. To date, EPURA has invested $757,690.36 and is obligated to invest an additional $341,670.78 in the form of three more annual payments due on July 30 . The 2001 and 2002 payments are $119,230.12 each and the final payment in 2003 is $103,210.54. The resolution also asks that consideration be given to allocating Town funds to the implementation of Walkway Westward, consistent with the current EPURA investment in the purchase of the Knoll property. In early 1995, when the Knoll purchase was being considered, a flyer was sent to Estes Valley residents concerning the future use of the property. The proposed use of the property was described in the following way. The Estes Park Downtown Redevelopment Plan calls for this parcel of land to be used for public purposes. Selected uses on this primary entry into town would be designated to be compatible with the natural setting of the total area of 13 acres. Currently owned open space 4 acres (Lots 1&3 purchased by EPURA in 1991) Additional open space 4 acres Clustered areas of parking 2.5 acres Public facility(ies) 2.5 acres Of the 3,031 flyers delivered, 1,447, or 48%, were returned. Of those returned, 1,199, or 83%, were in favor of purchasing the Knoll for the above-described uses. The Knoll parcel is 9.29 acres out of a total land area in public ownership of 19.5 acres. When all payments are completed, total cost of the 19.5 acres will be $1,918,790, including interest. Budget The Town Budget contains $100,000 in 2001 and 2002 for purchase of open space, using Larimer County Open Space Fund revenues. Action This is a policy decision *of the Town Board. The Town Board has several options regarding this request. One option is to decline EPURA's request, and let them make the final payments on the Knoll. Another option is to accept the request, at the costs outlined above. A third option would be to pay a portion of the payments requested. Staff respectfully suggests that the request is based on sound reasoning, and the ownership of the Knoll is an appropriate Town responsibility. We, therefore, suggest approval of the request to take over the remaining payment obligations and rights to ownership of the Knoll property. 4 • Page 2 7 I 4 - /01 .1-1 1 1 -6.. =' t, 9 47 i .. ....4 - - ..4 illit * k 9. ., I .2 + , 14.-tel- 1....6....7 ' , : ... ....4 --7 r ./ -& I I.. . 7 .0. I . 4. 1. I.WAh. ' '. - . ",1 - Rk .//'llih' I, 4 0 . I. 47 .. . '... 7. . I . m,yaJ-- - . 101.,1,11-Il ... .4 I ... .-& *r . .. 0 · · & r. -I , t. , < . • r V 0, .2 - .: 1 L;" e. . A « *t..a ..1 ....: .fvf 4 :1 4, h m :6 e . 4 .4 \ £ I . .1 - Ii. 4 + 4't~ 4 . 1 0 +4 . ~a- . I. 1 - 1 L -4 --111- * . Ii. .I*ILM , . F . .'..$.*..... --1.- - -- -#alligii ~~/~ 4 0 b . -¢.4. 0 K 1% 0 - 4 -*.. _ - ' 4. e , _ - r. 0 -- R 00. M, I li . , , 2. 8 0 „ , 4 --* r ..... AB ....4 . 4 's . s 2 1 4- - f I ..8/ 1. 1 . 4.. . 4 4 # V..4 M e . Mk I I , I. 2/ 4 2 'L - . r. i .-6 4. ,.40% ./ .. ' 9 · ·4 + i .4, . 1..1 . 0. ..4 I I . .P ¢ .. -I. , 7/ 404+21!fllk r . ..... , , a . 11-* 2.:. . - ... 21 10 -tr -¥ . F ' '' 1 . 4 . - 1 7-4-. 91 IN . . . . 72« E ?99* ~'64 6,i .. I -5.. , . • A. 41 . 7 I. I - hz:.Ab 2-J- -- . I 1* 0 ' :'/ 1 1. ,+m- ..i.I M *. . - .4 · -1 . '42 n ./ i · 4yul~ • 1. 3*5 11:. 0 0%27 .. · *. . €,4~El~ . .191,745.11"1 I. 1 - .. .ac . Mil · I 3... P .: 14.4 4 - . a . 0 ( 0 ," 1:91'- .... I I ·r , f,ti '',0 - • 0% • 41 6- -4.~ % *. 4 I~k. ' if 1 4 2/ %= ... *.3.0. U * ., 7- --- h .6 i 11 ..h u BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 20, 2001 Minutes of a Regular meeting of the ESTES PARK URBAN RENEWAL AUTHORITY of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of June, 2001. Commissioners: Steve Jackson, Tamara Jarolimek, Richard S. Putney, Paula Steige, Gerald W. Swank, Al Wasson, Rich Widmer Attending: Jarolimek, Putney, Steige, Swank, Widmer Absent: Jackson, Wasson Also Attending: Executive Director Smith, Finance Director Brandjord, Deputy Town Clerk van Deutekom Chairman Putney called the regular meeting to order at 8:00 a.m. AGENDA There being no objection, the Agenda was approved as presented. MINUTES It was moved and seconded (Widmer/Swank) the minutes of the regular meeting of May 16, 2001 be approved as presented, and it passed unanimously. COMMUNITY COMMENTS None. COMMISSIONER AND COMMITTEE REPORTS Town Administrator Widmer reported that the recent Walkway Westward presentation was well received and citizen comments have been positive. RESOLUTION 296 APROVAL OF BANKING AGREEMENT - APPROVAL. Finance Director Brandjord presented the Bank of Colorado agreement regarding Automatic Clearing House credit/debit transactions. Executive Director Smith read Resolution 296 and it was moved and seconded (Steige/Jarolimek) Resolution 296 be approved as presented, and it passed unanimously. RESOLUTION 297 FINANCIAL ALTERNATIVES REGARDING THE KNOLL PROPERTY - APPROVAL. Executive Director Smith read Resolution 297 requesting that the Town of Estes Park assume the lease/purchase agreement and all obligations for the Knoll Property. It was moved and seconded (Swanld\Nidmer) Resolution 297 be approved, and it passed unanimously. WALKWAY WESTWARD PROJECT - UPDATE. Executive Director Smith reported that Commissioners ranked the Walkway Westward project in the following order: 1) Wiest Parking/Wiest Plaza, 2) Market Square/Wiest Pedestrian Mall, and 3) Performance Park and citizen feedback reflects the same priority ranking. Other items discussed include the final draft document from Design Studios West and Tabor issues. PROJECT REPORTS/ACTIONS Executive Director's Report. Executive Director Smith updated the Board on the Stanley Village lighting project, Transportation Study, and the International Parking Institute Conference. BRADFORD PUILISHING.0 RECORD OF PROCEEDINGS Estes Park Urban Renewal Authority, June 20,2001 - Page-2 Town Administrator Widmer noted that it is becoming increasingly more difficult to purchase light fixture replacements downtown since the fixture style was selected over 18 years ago. He explained that a team will be formed in the near future to address the lighting issue. It was moved and seconded (Steige/Jarolimek) to adjourn the meeting at 8:35 a.m. to Executive Session to discuss potential property acquisition and personnel issues, and it passed unanimously. Chairman Putney reconvened the Board at 9:12 a.m. The Employment Agreement between the Board of Commissioners of the Estes Park Urban Reriewal Authority and Executive Director Smith was reviewed. The following changes were noted: The length of the Agreement will be 2 years cbmmencing June 21, 2001 with a salary increase of 5% each year through 2003; annual reviews will be conducted each year; Executive Director Smith shall accrue vacation at 10 hours per month as provided in the Town of Estes Park's Personnel Policy Manual; and Section 2(G) (Deferred Compensation) shall be deleted. It was moved and seconded (Steige/Swank) to approve the Employment Agreement between the Board of Commissioners of the Estes Park Urban Renewal Authority and Executive Director Smith with the changes presented above, and it passed unanimously Chairman Putney expressed the Board's appreciation to Executive Director Smith for the professional manner in which he performs his duties and explained that the Board unanimously agreed that the leave scheduled by Executive Director Smith for the first week of July, 2001 shall be with pay. There being no further business, Chairman PutAey adjourned the meeting at 9:16 a.m. The next regular meeting will be July 18, 2001 at 8:00 a.m. 91.-dia Rebecca van Deutekom, Deputy Town Clerk RESOLUTION NO. 297 A RESOLUTION OF THE ESTES PARK URBAN RENEWAL AUTHORITY REQUESTING THE TOWN OF ESTES PARK TO ASSUME LEASE/PURCHASE OBLIGATION FOR THE, KNOLL PROPERTY WHEREAS, the Estes Park Urban Renewal Authority (EPURA) is in the process of purchasing the Knoll Property, a 9.29 acre parcel, under a lease/purchase arrangement, an endeavor which consumes nearly one-quarter of the financial resources which EPURA would otherwise have to spend annually on projects under the current intergovernmental agreement with the Town: and WHEREAS, as of this date, EPURA has invested $757,690.36 toward the purchase of the Knoll Property and is obligated to invest an additional $341,678.78 in the form of three more annual payments due on July 30th of each year, as required by Appendix A of the Lease/Option Purchase Agreement between EPURA and Beefit Corporation, the owner; and WHEREAS, the primary charge of EPURA is to build and improve the Town infrastructure toward the end of community improvement and economic enhancement of the business community, a charge that deserves greater financial resources than are currently available, especially in view of an early start to significant implementation of the Walkway Westward plan. NOW, THEREFORE, BE IT RESOLVED BY THE ESTES PARK URBAN RENEWAL AUTHORITY THAT: The EPURA Board of Commissioners requests that the Mayor and Town Board of Trustees take the necessary actions to assume the Knoll payment obligations and rights to ownership beginning on July 30, 2001, so that EPURA can allocate maximum resources to fulfilling its major charge of community improvement and economic enhancement. EPURA will transfer the lease/purchase agreement and all obligations to the Town of Estes Park. The EPURA Board also asks that consideration be given to allocating Town funds to the implementation of Walkway Westward, consistent with the current EPURA investment in the purchase of the Knoll property. ADOPTED this 20th day of June, 2001. ESTES PARK URBAN RENEWAL AUTHORITY 8.1,4 rl~ Chairman ATTEST: Secretary Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees From: Town Clerk O'Connor Ly--0 Date: July 10, 2001 Re: EAST SIDE FOOD STORE LIQUOR VIOLATION - FIRST OFFENSE Background On June 21, 2001, Deputy Chief Filsinger and I met with Thomas Kim, owner of EAST SIDE FOOD STORE. We explained the allegations made by the Police Department that set forth the need for a Show Cause Hearing (case documents attached). Mr. Kim was very cooperative and responsive. Budget N/A Action As authorized by the Town Board, we also explained the Stipulation and Agreement and staff is recommending a standard 21-clay suspension, with an actual time served of 7 days from 12:01 a.m. Thursday, July 12th through 11:59 p.m. July 18~h. This recommendation is consistent with prior suspensions imposed to other liquor licensees on a first offense "sale to an underage person" violation. 1 BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: EAST SIDE FOOD STORE Thomas Kim, Owner 381 S. St. Vrain Ave. Estes Park, CO 80517 Liquor License #09-90420-0000 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and EAST SIDE FOOD STORE, hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on June 15, 2001. 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the 3.2% Retail Beer License, Off Premises issued to EAST SIDE FOOD STORE, 381 S. ST. VRAIN AVE., LICENSE NO. 09-90420-0000 be and hereby is suspended for period of SEVEN (7) DAYS, commencing at 12:01 a.m., Thursday, July 12, 2001. DATED this 10'h day of July , 2001. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: EAST SIDE FOOD STORE Thomas Kim, Owner 381 S. St. Vrain Ave. Estes Park, CO 80517 Liquor License #09-90420-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and EAST SIDE FOOD STORE, 381 S. ST. VRAIN AVE., ESTES PARK, CO 80517, LICENSE NO. 09-90420-0000, ("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. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to 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 admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to: (a) a 21-day suspension, with an actual time served of 7 -days of its 3.2% Retail Beer, Off Premises Liquor License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's 3.2% Retail Beer License to take place as follows: From 12:01 a.m. Thursday, July 12,2001 through 11:59 pm Wednesday, July 18,2001. (b) All permanent employees be required to attend certified T. I.P.S. Training within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified T. I.P.S. Training to train their remaining employees within 12 months from the date of the Finding and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. (c) The 14 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 Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's 3.2% Retail Beer License, Off Premises for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. fl, DATED this /2 / - day of ,2001. 9/, EAST SIDE FOOD STORE TOWN OF ESTES PARK 324~72/i- 4 Aut £-*i Licensee --'Esibs P~folice Departmer~ 44£, o.uu Town Clerk BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: EAST SIDE FOOD STORE Thomas Kim, Owner 381 S. St. Vrai n Ave. Estes Park, CO 80517 Liquor License #09-90420-0000 WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT "B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE INCIDENT REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board at the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, July 10, 2001 at 7:00 p.m., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed and delivered to the above-mentioned licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this 14~h day of June ,2001. ,/,1111111"ll,/, .pt< £ S TEy'/,- TOWN OF ESTES PARK 21* .. . 5 -7.6 . . ... 0. 0.. ..'93 ~i :; 0 - . e - Vickie O'Connor, Town Clerk r,44:...t'.: 2 0 3 -4 y //4 '41 COUIA>0 ttiltill" EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 14-47-901 Unlawful acts - exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (a) to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard; It is alleged that on or about May 18, 2001, Thomas Kim, Owner, EAST SIDE FOOD STORE, did sell liquor (1 six-pack of Budweiser) to a person under the age of 21. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT INCIDENT REPORT NO. 01-801 ATTACHED ESTES PARK POLICE DEPARTMENT ~ SPEED _ OFFENSE SECTION - INCIDENT REPORT REPORT# O1-%O! / OR - / ' TYPE =2< g ORG O SUPP O IN CUSTODY FILING O OTH FILING O PRIORITY O DUI O DOM VIOLENCE ~ FORMS USE - OFFENSE PERS/BUS , O NONE O COMPLAINANT IS PROPNEH , O NONE O PROPERTY INFO- INFORMATION -• SECTIONS # / SECTIONS # / REPORTING OFFICER SECTIONS # / UNKNOWN LACE OF PHONE CCURRENCE 3%l 5. ST. V./«;n P <17< je.,c: c,ogng/-7 SE 0 - 70251 - DATE(S)/TIME(S) OF OCCURRENCE DATE/TIME REPORTEB IDATE ASSIGNED / TIME-ASSIGNED / ARRIVED / COMPLETE / TOTAL .€-/ C 01 i 7.0 1 1 5-/500 / 1 20 11 5-/9-0/ 1 1.01* 1 1-0/1 1 10.27 1../&£ah. REPORT STATUS O EXCEPTIONALLY CLEARED-»- O A) DEATH OF OFFENDER AREA ~ O B) PROSECUTION DECLINED 06 RNG 73 V, O 1/N) OPEN 0 5/N) IN-SUSPENSE RECORD TYPE O PA) PENALTY ASSESSMENT O 2/N) INACTIVE 0 6/N) CHARGES FILED --e~ O C) EXTRADITION DENIED - TWN 05 N -1- 0 0 VICTIM REFUSED sRb O 3/14) ACTIVE O 7/14) OTHER DEPT HAND --8~ O E) JUVENILEJNOT CHARGED EP001 SEC 25 O TS) TRAFFIC SUMMONS 0 4/U) UNFOUNDED O 8/N) INFO REPORT * CS) CRIMINAL SUMMONS > EC) DATE: BOOKED AT DC? D YES B NO JUV NAMED? O YES EL NO EVID/PROP SEIZED? JZ YES O NC KEYS: NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD ' dnkull A-r-s 'Ii-le r O CONSPIRACY PREMISE f-| 0 8 FORCED O SOLICITATION ENTEREDL_J O N) NO FORCE NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD O CONSPIRACY PREMISE ~ O F) FORCED ENTERED O N) NO FORCE O SOLICITATION NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF _ ENTRY METHOD O CONSPIRACY PREMISE L_.-1 O F) FORCED ENTERED O N) NO FORCE O SOLICITATION NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD O CONSPIRACY PREMISE ~ O F) FORCED ENTERED O N) NO FORCE O SOLICITATION LOCATION TYPE (CHECK ONE) O 06) CONSTRUCTION SITE O 13) ALLEY/ROAD/HIGHWAY O 20) RESIDENCE 007) CONVENIENCE STORE · O 14) HOTEUMOTEL O 21) RESTAURANT 0 01) AIRPORT/BUS,TRAIN STATION 008) DEPARTMENT/DISCOUNT STORE O 15) JAIL/PRISON O 22) SCHOOUCOLLEGE O 02) BANK/SAVINGS & LOAN CO O 09) DRUG STORE/DR. OFFICE/HOSP O 16) LAKE/WATERWAY O 23) SERVICE/GAS STA. O 03) NIGHT CLUB/BAR/TAVERN O 10) WOO0ED AREA,/FIELD O 17) LIQUOR STORE Cl 24) SPECIALTY STORE ] 04) CHURCHITEMPLE/ETC O 11) GOVERNMENT BUIL0ING O 18) GARAGE/PARKING LOT ] 05) COMMERCIAL BUILDING 012) GROCERY/SUPERMARKET O 19) RENTAL STORAGE FACILITY O 25) OTHER/UNKNOWN OFFENDER USED (CHECK ALL THAT APPLY) [J A) ALCOHOL O C) COMPUTER EQUIPMENT O D) DRUGS/NARCOTICS E N) NOT APPLICABLE TYPE OF CRIMINAL ACTIVITY (CHECK UP TO THREE) TYPE OF WEAPON/FORCE INVOLVED (CHECK UP TO THREE) (CHECK 'A" IF FULL AUTO) O B) BUYING/RECEIVING O11) O A) FIREARM (UNK TYPE) O 40) PHYSICAL FORCE (PERSONAL WEAPON) O C) CULTIVATING/MANUFACTURING/PUBLISHING 012) m A) HANDGUN O 50) POISON ,0 D) DISTRIBUTING/SELLING O 13) O A) RIFLE O 60) EXPLOSIVE O E) EXPLOITING CHILDREN 014) O A) SHOTGUN O 65) FIREANCENDIARY DEVICE O O) OPERATING/PROMOTING/ASSISTING 015) O A) OTHER FIREARM O 70) DRUGS/NARCOTICS/SLEEPING PILLS O P) POSSESSING/CONCEALING O 20) KNIFE/CUTTING INSTRUMENT O 85) ASPHYXIATION OT) TRANSPORTING/TRANSMITTING/IMPORTING O 30) BLUNT OBJECT O U) USING/CONSUMING O 35) MOTOR VEHICLE O 90) OTHER D 95) UNKNOWN 8 99) NONE BIAS (CHECK ONE ONLY) O 15) ANTI-MULTI-RACIAL GRP 0 26) ANTI-MULTI-RELIGIOUS GROUP O 42) ANTI-FEM. HOMOSEXUAL O11) ANTI-WHITE O 21) ANTI-JEWISH O 27) ANTI-ATHEIST/AGNOSTIC/ETC. O 43) ANTI-HOMOSEXUAL (M&F 0 12) ANTI-BLACK O 22) ANTI-CATHOLIC O 31) ANTI-ARAB O 44) ANTI-HETEROSEXUAL 013) ANTI-AMER IND/ALSK NATIVE O 23) ANTI-PROTESTANT 0 32) ANTI-HISPANIC O 45) ANTI-BISEXUAL 014) ANTI-ASIAN/PACIFIC ISLANDER O 24) ANTI-ISLAMIC (MOSLEM) O 33) ANTI-OTH ETHNIC/NAT'L ORG O 25) ANTI-OTHER RELIGION O 41) ANTI-MALE HOMOSEXUAL 21 88) NONE O 99) UNKNOWN SYNOPSIS: , / k,~ SE,ry irtile e , r',1-5 it,0/1';A,4 ~' 4 < In·rk 241-1 iii. ~370/-2....r<u.q 2: <-~641- 6~1 0-99 - A. , J ' 1 b ~7 ·3 i ' (t.€ t. C.-t ~26•Je-.12;>2rer,1 bio<,etrl ;-r 1-0 9-1·uc_ r.la,rk.-j-lu.o,(e.rk. ir/2 ,11,1/:el ws kin-1 .c~IC# rj -93~_-- 17"lde,u,1-,cal,en ct,J /1:,A< c,lviv ude.-Tfu,. qy~r--riA< r) Alr)11_, Airn o, n.#,ek<jlf:to© 6 /1- rf'. L:5 re'.-,~£ f 73 7 € 5.2 t.77*r~.·.-4 .,-4,7·rr,r .~~;,~~- /15,1.01, y)4.,·, ,~.,·ou, 2.-0,-.4-4:q.fe o·,c£ ,-·. /4-e.,00,7: 77(E9-2420_ v:·( Ul A TC:/4 6//, fr·t •, 4.f-4.rk -,. 0-r-,i , flu.« ~> :-c u : ci co~ .ic,·;pri c .. c·£¥L. co,/2-0 A- . LU€. C.Ui ;4- c.64.-rc, (,7-Isill_ i * 9 k;,-1 L..../he, e.:-·:·T< A. .ft . 11-u . c-12 sc .4 nT,n,-1 -rtv.-r 74-. n.42 --r 1 «.1 4 .. l·JA , n e.c .7/:c.™et,viYA.at-:. + c~< ttlhn.£1<2==- ,. ls:n-,r; 1.~U,L- anth•-CS<· Ae. c. cl,-,/rl.£ c,L-:-0-14, rl , sri '4<. ... -nle/,4 c. AL cug, cj#*A;,·,1-~Ru . AvAI,· n: •wiyimi.1-k_--- 74:,-1.se/32. A ;m s,t,·,man,* 634ll,-& I rer:., 91.·t.-ttu_ ria,L--2,31,~Cf t~ A,// 1<(.·•, VAi. e..0.%/1 •-£jiNar-Hir1 . 6. ~.v.. 5 /··C»411..·4....~4*eq*e,-Fd'Le..4>:,1</1:·, t, e.. *Ul<\1·. r, ·3 ir Lvc.., Wc.:zau Irr~C, cuict,· AL-e. . - O¥:P\0*~AS,*Ef-4194,)' 2 , 4 SUPERVISOR SIGNATURE & NUMBER DATE APPROVED €AD 6/97 ESTES PARK POLICE DEPARTMENT PERSON/BUSINESS SECTION - INCIDENT REPORT | -NTER ALL PERSONS CHARGED FIRST, ALL VICTIMS SECOND, ALL OTHERS LAST REPORT# 01- 10 C L CODES BK, CF, CS = W ARRESTEE/ARREST INFO REQ INVL CODES V, BV = V VICTIM/VICTIM INFO REQ ALL OTHER CODES.~ . RESID-STA-1 SEO BA NAME ,), ../7 NUM OV LIFNA n/,9. /Aoac 4 03/7 93-5 0 LIEE.El 00 SOCIAL SECURIfY NUMBER RACE O W SEX BM ETH O HISPANIC HEIGHT WEIGHT HAIR EYES INVOL 01 OB OF 33-NOT HISPANIC -/ / ~ CODES gj - O A BU O U O UNKNOWN 5/D' iSo 1*K- iRC 1 ~ HOME ADDRESS / / P.O. BOX PHONE 7.(959 L.C.€517,ntl._n. tllart>rel ~-8. *00/5 ( 72 0 ) 876_ 0/450 WORK PHONE NAM/ADD 3%( & 57· Un,• n Els-lie>\]-EW:~Lo. *11-7 c 9-70 N s 26- 9020 ARREST ARREST TYPE MULTI CLR MOST SERIOUS ARRESTEE JUV DISPO DATE/TIME / 00 OS OC OM OFFENSE NUMB ARMED WITH OA OH OR OFFENSES COMMITTED 01 02 03 04 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE ON OB 01 OL AGAINST THIS VICTIM 0 6 0 7 0 8 0 9 01CTYPE CIRCUMSTANCES CIRCUMSTANCES INJR OM 00 OTOU VICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al /A2 /A3 /A4 /A5 /A6 /A7 /A8 /A9 /A10 SEQ O A NAME # ) DOB RESID STA NUM OV UF/M l.joirc.n \ b,nouc,rn. 9-/3-83 BR 0 N 6 0 SOCIAL SECURITY NUMbER RACEAW SEX,0 M ETH O HISPANIC HEIGHT WEIGHT HAIR EYES INVOL 01 OB OF E NOT HISPANIC -/.4 CODES 58 %75'- 9_5-1 79732 OA ou ou O UNKNOWN 5/ 156 Dflo UG HOME ADDRESS P.O. BOX PHONE ) WORK PHONE NAM/ADD (-70 M.u-(3:«p-.4--. Z-51-, b.902.JA:Co. 9©1(-7 <970 )526-31522 ARREST ARREST TYPE MULTI CER MOST SERIOUS ARRESTEE JUV DISPO DATEITIME / 00 OS OC OM OFFENSE NUMB ARMED WITH OA OH OR ENSES COMMITTED 01 02 03 04 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE ON OB 01 OL AINST THIS VICTIM O 6 0 7 0 8 0 9 O1CTYPE CIRCUMSTANCES CIRCUMSTANCES INJR OM 00 OTOU IVICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al /A2 /A3 /A4 /A5 /A6 /A7 /A8 /A9 LA10 RESID STA SEQ Q A NAME · DO* . ,-, - o j ER ON NUM 0 UF/M 32 4 /wori. L./ g- 0 SOCIAL SECURITY NUMbER RACEp W SEX EM ETH O HISPANIC HEIGHT WEIGHT HAIR EYES INVOL 01 08 oF BNOT HISPANIC 6 '6 10 1 CODES 38 .57.2 -_57- £8322/ OA OU OU O UNKNOWN go Bac HOMEADDRESS P.O. BOX PHONE ) WORK ~'~ PHONE NAM/ADD 170 rhe,c<,r,Fe,x . 5-7--£ s .\-00/£, Lo. %03(-7 c 970 ) 5.R G,- 3 52 1 - ARREST ARRESTTYPE MULTI CLR MOST SERIOUS ARRESTEE JUV DISPO DATETIME / 00 OS OC OM OFFENSE NUMB ARMED WITH OA OH OR OFFENSES COMMITTED 01 02 03 04 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE ON OB 01 OL AGAINST THIS VICTIM 06 07 O 8 0 9 0 € TYPE CIRCUMSTANCES CIRCUMSTANCES INJR OM 00 OTOU VICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al /A2 /A3 /A4 /A5 /A6 /A7 /A8 /A9 .18.121 M= 8 0 - NAME C DOB RESID STA UF/M t-457- Sij e ·Locjl S -t-O/-- OR ON Pl. 0 SOCIAL SECURITY NUMBER RACE O W SEX O M ETH O HISPANIC HEIGHT WEIGHT HAIR EYES INVOL - 01 OB OF O NOT HISPANIC ¤A OU OU O UNKNOWN CODES 73 0 HOME ADDRESS P.O. BOX PHONE - ' h WORK PHONE NAM/ADD 3% I s. St. Urc.in A.4. Eyne 014.-k, (1 joi /9 c 970 ) 5-56 - 90 553- SREST ARREST TYPE MULTI CLR MOST SERIOUS ARRESTEE |JUV DISPO ATEITIME / 00 OS OC OM OFFENSE NUMB ARMED WITH OA ~OH OR OFFENSES COMMITTED 01 02 03 04 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE ON OB 01 OL AGAINST THIS VICTIM 06 07 08 09 O1C TYPE CIRCUMSTANCES CIRCUMSTANCES INJR OM 00 OTOU VICTIM / ARRESTEE REL CODE / SEQ NlJMBER /Al /A2 /A3 /A4 /A5 /A6 /A7 /A8 . /Ag /A10 EPPD 8/97 ESTES PARK POLICE DEPARTMENT PROPERTYNEHICLE SECTION - INCIDENT REPORT REPORT # 67/- 901 TYPE PROPERTY CODE QUAN VALUE DATE RECOVERED TYPE PROPERTY CODE QUAN VALUE DATE RECOVERED ' LOSS/ETC. LOSS/ETC. - O 2) BURNED 02 1 '522- 0 2) BURNED O 3) FORGED/ O 3) FORGED/ COUNTERFEIT COUNTERFEIT O 4) DAMAGED/ O 4) DAMAGED/ - DESTROYED DESTROYED 05) RECOVERED O 5) RECOVERED 06) SEIZED O 6) SEIZED O 7) STOLEN/ETC. O 7) STOLEN/ETC. O U LOST O L) LOST O F) FOUND O F) FOUND SAFEKEEPING SAFEKEEPING TYPE PROPERTY CODE QUAN VALUE DATE RECOVERED TYPE PROPERTY CODE QUAN VALUE DATE RECOVERED LOSS/ETC. LOSS/ETC. O 2) BURNED 0 2) BURNED O 3) FORGED/ O 3) FORGED/ COUNTERFEIT COUNTERFEIT 0 4) DAMAGED/ 04) DAMAGED/ DESTROYED DESTROYED O 5) RECOVERED O 5) RECOVERED· O 6) SEIZED 0 6) SEIZED 7) STOLEN/ETC. O 7) STOLEN/ETC. L) LOST O L) LOST O F) FOUND O F) FOUND SAFEKEEPING SAFEKEEPING 01) AIRCRAFT 12) FARM EQUIPMENT 23) OFFICE-TYPE EQUIPMENT 32) STRUCTURES- 1 02) ALCOHOL 13) FIREARMS 24) OTHER MOTOR VEHICLES INDUSTRIAL/MANUFACTURING 03) AUTOMOBILES 14) GAMBLING EQUIPMENT 25) PURSES/HANDBAGS/WALLETS 33) STRUCTURES-PUBLIC/COMMUNITY 04) BICYCLES 15) HEAVY CONSTRUCTION/ 26) RADIOS/TVS/VCRS 34) STRUCTURES-STORAGE 05) BUSES INDUSTRIAL EQUIPMENT 27) RECORDINGS-AUDIO/VISUAL 35) STRUCTURES-OTHER ! 06) CLOTHES/FURS 16) HOUSEHOLD GOODS 28) RECREATIONAL VEHICLES 36) TOOLS ' 07) COMPUTER- 17) JEWELRY/PRECIOUS METALS 29) STRUCTURES- 37) TRUCKS | HARDWARE/SOFTWARE 18) LIVESTOCK SINGLE OCCUPANCY DWELLINGS 38) VEHICLE PARTS/ACCESSORIES 08) CONSUMABLE GOODS 19) MERCHANDISE 30) STRUCTURES- 39) WATERCRAFT 09) CREDIT/DEBIT CARDS 20) MONEY OTHER DWELLINGS 77) OTHER 10) DRUGS/NARCOTICS 21) NEGOTIABLE INSTRUMENTS 31) STRUCTURES- 88) PENDING INVENTORY 11) DRUG/NARCOTIC EQUIP 22) NON-NEGOTIABLE INSTRUMENTS OTHER COMMERCIAL/BUSINESS 99) (SPECIAL USE) NUMBER OF DRUG QUANTITY TYPE A -'CRACK' COCAINE K -OTHER HALLUCINOGENS GM- GRAM STOLEN VEHICLES TYPE MESR B -COCA11\IE L -AMPHETAMINES/ KG- KILOGRAM C -HASHISH METHAMPHETAMINES OZ-OUNCE D -HEROIN M -OTHER STIMULANTS LB -POUND E -MARIJUANA N -BARBITURATES ML -MILLILITER NUMBER OF F -MORPHINE O -OTHER DEPAESSANTS LT -LITER RECOVERED VEHICLES G -OPIUM P -OTHER DRUGS FO -FLUID OUNCE H -OTHER NARCOTICS U -UNKNOWN TYPE DRUG GL-GALLON 1-LSD X -OVER THREE DRUG TYPES DU- DOSAGE UNITS/ITEM J.PCP NP -NUMBER OF PLANTS (VEHICLE CODES - OVER) VEH SEQ SUS YEAR MAKE STYLE COLOR UCENSE NUMBER STATE VEHICLE IDENTIFICATION NUMBER NO - VIC VEH Sea SUS YEAR MAKE STYLE COLOR LICENSE NUMBER STATE VEHICLE IDENTIFICATION NUMBER NO VIC EPPD 8/97 \\\\\ EST,i:.: PARK POLICE DEPARTMENT REPORT NUMBER: 01-801 -ST-it · PARK, COLORADO Plact...(, C Occurrence: EAST SIDE FOOD STORES, 381 South St. Vrain, Estes Park, CO 80517; Ph: 586-4089 Reped Status: CHARGES FILED Date>,·Time(s) Date Assigned: 051801 Of Oic.irrence: 051801/2011 Time Assigned: 2011 Daterrme Time Arrived: 2011 Reported: 051801/2011 Time Completed: 2027 Total Time: 16 Booked at DC?: No Juvenile Involved: No Evidence/Property Seized?: Yes Incident Name: UNLAWFUL ACTS-BEER (1) Synopsis: On the evening of 051801 at approximately 2011 hours, we did send jn two underage agents working for the Estes Park Police Department into EAST SIDE FOOD STORE. They did pick up a six-pack of Budweiser and brought it to the clerk. The clerk, identified as KIM, did not ask for identification and rang up the sale. The agents then handed them a marked $20.00bill: ending in Serial No. 8737E (see attached photocopy of bills). Agents then received change and a receipt. They then returned to our vehicle and turned over the beer and the receipt and filled out the attached voluntary written statements. The agents then gave us the description of the clerk. We were able to contact KIM, who matched the dezo '~ - t. on that the agents gave. When confronted with the fact that the agents were underage, he admitted to the mistake ind told us that he was in the middle of watching the Avalanche game, and they were tied in overtime, causing him not to pay full attention to the sale. I did serve KIM Summons No. C2413, and I did retrieve the marked $20.00 bill from the cash register. KIM was returned the change from the purchase, and the beer was placed into evidence. Person/Business Involved Person(s) Charged: 1. CS KIM, THOMAS DOB: 012458 SSN: UNK Race/Sex: UNK M Eth: N Hgt/Wgt: 510/150 Hair/Eyes: BLK/BRO Hm Add: 21494 East Crestline Lane, Aurora, CO 80015 Ph: 720-876-0118 Wk N/Add: 381 South St. Vrain, Estes Park, CO 80517 Ph: 970-586-4089 Other Involvement:: 2. SB DOIRON, DONOVAN DOB: 041382 SSN: 438457992 Race/Sex: W/M Eth: N HgUWgt: 507/150 Hair/Eyes: BRO/BRO Wk Add: 170 MacGregor Avenue, Estes Park, CO 80517 Ph: 970-586-3828 3. SB JOHNSON, GIL DOB: 060681 SSN: 522598521 Race/Sex: W/M Eth: N Hgt/Wgt: 600/150 Hair/Eyes: BRO/BLU Wk Add: 170 MacGregor Avenue, Estes Park, CO 80517 Ph: 970-586-3828 4. BO EAST SIDE FOOD STORE Add: 381 South St. Vrain Avenue, Estes Park, CO 80517 Ph: 970-586-4089 t~7 /1 N - 73.- 4-1,U- idk- 4 13 el ?06/5038 / SHIFT COMMANDER bEDE APPROVED Page 1 of 2 ESTES PARK POLICE DEPARTMENT REPORT NUMBER: 01-801 ESTES PARK, COLORADO Property Involvement Property: Seized Code Description Quan Value Date Recovered 02 Alcohol 1 $5.37 END OF REPORT A tk-704~·-9---,~- re« ~~AI«__- 6'1 1-3|01 - F*§S/5038 / SHIFT COMMANDER bgTE APPROVED Page 2 of 2 --- 2*- Appear at Larimer County Justice UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT 1' Cente.-, 201 LaPorte Ave. ~ THE PEOPLE OF THE STATE OF COLORADO, Court Room lA County of Larimer, TOWN OF ESTES PARK VS. REPORT NO. 01-RO 1 Fort Cc!lins, CO No. C 2413 Defendant (Las:py® Violation Mo/Day/Year- 73; (First) (Middle) Date of Birth: Mo/Day/Yr Age Traffic O Penal;5- OS/%01 arne, 5 0 1 19 5 K Defendant's Addrcs, Zip Code Co No. Approx. Time of Violation 9-1994 <2..84vr/in.e.Ln.~4(,v„4, L.Ebois- 3011 06 Driver's License Numbe/& Type Sta'e Sex | Race Ht. Wt. Hair Eyes Home Telephone No. Direction of Trave 92-01-99'30 Ce r]\44 520" 15-0 BLK BRO 128 576-0/18' E~W;73-,·4_ go e~ Employer Address Occupation Business Telephone Tralfic Accident Injuries In·volved 51-0,·2 - Own<r 6170.5 20 -YOn Yes O No g. Yes ~ No. Vehicle LicenseNumber S:a:e Vehicle Year Make Body Type Color Registered Owner /Address - -/ I- ,-' Approximate Location of Violation, State 01 Colorado, Larimer County in the TOWN OF ESTES PARK .E~ YOU ARE SUMMONED ANO OADERED TO APPEAR TO ANSWER CHARGES AS STATED BELOW IN MONTH, DAY YEAR LARIMER COUNTY COURT Net'.'. C.'.:' STnECT. CCUnTAC N.HA: Ft. Collins.Colorado ON , 17.U~ /9 200/ AT S:Od) ~AM)P,.1 CRS 42-4·1301(1)(a) - CRS 42-4-1101 (1) c0___ CRS 42-4-1409(il · < ·u. _ ~,.,. 2 ,/ · ·957..9 Driving Under the Influence · t , Speeding in Zone No Proolot Insurance -1 -- .u,,, - / . . · . , SUMMONS - »ts: Fine S Surcharge: / P,1. SUMP.IONS .' 4- - .- / .4 Pts. CRS 42-4·1301(2)(a) / 815 CRS 42-4-204(1 ) . ·· 4 9. ..... .. ·, / 1 611 r .·.'. CRS 42-4-1409(2) 956 Driving With Excessive Alcohol Content / ·Failed to Display Lamps as Required ~3/ 9 - '.·~ Operated an Uninsured Motor vep6e SUMMONS BRAC/BAL 12 Pts. Fine S ; · ·.·.' · 1 Surcharge: / --~2 Pts. - - SUMMONS , 4 Pts. CRS 42-4-1301(1)(b} 801 CRS 42-4-206(1) 615 CRS 42-4-1409(1) ..4/ .>,:-/ '. 2 -- - . '' 954 -Ji~. 7-1 Driving While Ability Impaired . / { · Vehicle Not Equipped W/Tail Lanny& as Required Owner Operated an Uninsi96ct Motor Vehicle ./.2 SUMMONS 8 Pts Fine S Surcharp€: 0 Pts. SUMMONS ' : :' ·fa·'/ ' f.....:, 1 1... a- '4 Pts. CRS 42-4·138(1)(a) / DUS 076 0 CRS 42-4-205(1) / : 613 CRS 42-4-1007(1)(a) / 223 Driving Under Restraint ~ DUR 077 0 Vehicle Not Equipped WA+6adjamps (2) as Required ' . ' 2' Failed to Drive |n Sif]0fe Lane SUMMONS / DUO 078 O Fine S ' ~ ~ 9~rcharne: ·; ' L·/0 Pts. ' + Fine S / Surchame: 3 Pts. CRS 18-6-801 Dome,~lotence SUMMONS Charge ca- 97:70/6)/4 3 Cls, FINE SURCHARGE PotNTS COM CODE NO. 5(,m r·'\ K lyn o" 1 - . L '1 It /1/. L Ot, 64,1(q u.+6AAY 5641 9 n (,C.ha n r [F Jt•'45.2 -T-21 C,+1 ifj,rY7- ta/o,k#Ar) (./ 5714 1'6tziT<,3. fklk./4 l,u. 0/m: CA,kn u,c" 6.»·,4 2421>/00· Charge CRS CLE~ ~ FINE SURCHARGE POINTS COM CODE No. / /03UUMONS C ) Traffic Infraction ( ) Offense O PENALTY ASS,6ENT f 7 Traffic Infraction C N Offense WITHOUT ADMITTING GUILT, 1 HEREBY PROMISE TO UPON PAYMENTpPiHIS PENALTY ASSESSMENT WITHIN 20 DAYS, 1 ACKNOWLEDGEJ~.CrOF ALL CHARGES CONTAINED APPEAR IN COURT AND,OR PAYPNES AS SHOWN- - HEREON AND,WADERSTAND THAT THE POINTS INDICATED ABOVE WILL BE ASS#SeED AGAINST MY DRIVERS LICENSE. - DEFENDANTZ~ INSTRUCTIONS ON REVERSE SIDE / - THE UNDERSIGN~0~143*5&0~152:%~SE.76 BELIEVE THAT THE DEFENDANT COMMITTED THE OFFENSECS) AGAINST THE PEACE AND DIGNITY OF PEOPLE OF THE STATE OF COLORADO AND -1*3*y ~~,PfrTHIS SUMMONS & COMPLAINT WAS DULY SERVED UPON THE DEFENDANT. gw:gti" .-ff/~- .4.~3 ~ PRINTLAST NAMF . /~-•S DATED THIS ~..~ DAY OF / 744-4 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST Affiant, the above named peace officer, being duly sworn upon oath, says that there Is probable cause for the warranttess arrest of the above named defendant, for the crime(s) stated above, and that the following facts are true and correct upon best knowledge, Information, and belief. The facts establishing probable cause for arrest are that at the approximate date and time listed above in the County of Larimer, State of Colorado, at the location shown, the following activity occurred: Peace Officer - Affiant: Subscribed and sworn to before me this - day of Notary Puhlir· Commission Expires: PROBABLE CAUSE DETERMINATION BY THE COURT E The Court finds probable cause for a warrantless arrest. O The Court finds no probable cause for a warrantless arrest. Judge: D ·1' . an 1 Time· - ESTES PARK POLICE DEPARTMENT THIS IS A LEGAL DOCUMENT - READ BOTH SIDES! Distribution: White -COURT, Blue -DEFENDANT, Green - MVC) TRANSCRIPT, Goldenrod - DISP/D.A. 1 1 25' l l llil\1\1\\i\\ COPY - REPORT NUMBER ESTES PARK POLICE DEPARTMENT Ol-go I EVIDENCE REPORT - BIN NUMBER RECORD TYPE CODE: R-RECOVERED D-DESTRUCTION E-EVIDENCE Record Item Qty. Item Description Serial Number Value Il Type No. Stolen Recovered i \ 1 Gple .'guelcutifir u,/ fici-;p-7- of 54 k /-1-*--I TOTALS I V \ ITEM0*B1011-r5VY OFFICER NUMBER DATE TIME LCM 6-0/.c ~ . #146 3 5-63 y 5-/2,0/ 20/ / ITEMS NECEIVED BY DATE/TIME METHOD CHAIN OF EVIDENCE: DATE TIME RECEIVED BY PURPOSE ITEMS OB~NED FROM- / r-' A NAME t--437- 5/' d<_ 4-0026 57-07.L - DOB ADDRESS 3% C S. ST0- lk·4n Evn-s r-C, u. %05/7 PHONE 5% 6-90%9 CASE NARRATIVE: 'Elk rn s 54; -u- cL +0071 u n6 -|eface .Cor,p//a,n c-,t c-1,id<:_ . j EPPD 8/97 . D I / ED 1 - ~1..»=m:t,-,+49-17=--:19-'r--7~-•Mi==- :,4.riti. , E - . ·-6:,40@Es:i€©C 'i ¥my#4 'TILE ~ A F 4 3 9 9 8 73 7 E , .--310;eat 3,41%< l,i~* Ff;~fj?341#~2WNT<lft ¢ 'D\ €0119.2*0* F:,f*tlift) A / .F 6 AJEBL-=me»Lt, 0 , 02.-t r ''11 b. I. ./ 1 1 fi *4, ) 1 1 -- - - 41'S'1111115'A g .. ·: 4 . . 3,04. 92 1 , 1 I ..I- - T}CS NOTE LS LIGALTIND ER FOR ALL DE»-5 P'WIUC AND Fl:·LATE f'?f,i~ *t-u~&4*%~I AF ° 4u998737E ig?*U""945/f. dilf #2*w.i- M ./ 52%~'.*26*64/4 'Ne·~74.--17 -177 ·72ALF<. fi.~-.t.z. - CE?"BEA M D. '-¢Nam#,. b. S~E~pj~S V~mav**656*66- _41*D,4..S -1"-0*TT'f -J- friltij Fi/WAA--- 1-- j 'epi,MIS=S:EmE+_2~~~GENmEt™i@~~t»11¥.-4 p 4.92- - --Av.A:J t=i v'-1 1'· A 2=29...C:.1 .~E=piy~~~~t-.~~-1/trw*11*W273*ti CI'IXE 12·12- _*,2 5--' --1 E -75¢K' 206*k ¥9---- SE' N[(7.Jil?lipAirirD.Sm?2%?EFFNWrg E A J 23864118 B 77.1 +334- 2. 1 -13*..2~*' €3112.i»OP,It-Kir t"FEr#OA' I ' ' tj>,1.)- --3.-~-- "/iME"t - J 10 . = Vy.. KI~RE 4#*MA ' - E = - t, M~.~41 1~~ E' E 1 1 t~1 0 - TH15 MOTE 15 LIGAL TINDER L,,-33~2§41&*,(Al'-tq~ A J 23864118 B /O/ ALL t> 131,5. /WIL/C AN] PRIV/E , w · .- _.,-s.- -- Ok- _ 4.6*4140*UP €14 7•}I •t·,: . . ,S•":.7 't/~ Tr-7. p i~nmnir,iniminirlitirimiri,irii,~ITY,it,inimi bl * TD). 1 . - t . 0~·4-*/tyS#7-1.Voi.•21/a·Plf'--:51~/ tni r..9~ . -- :011 ~-99': EL'B-- &-4*-V*41 . - 1 ~-- == -- EN · 1 K W 44wf48.:L,ds/1124%9«-1<fla---,I.~~i-fi~ /79.2.0312,19-3-5 "tat::a),1I~:Ef.3-fip infi.~~<~1 fhaja. . 1 kfibi~*T-F€711?8£84·.~I E--TiFt~ 1 r. = A I T 4 In r , el . . . , c-LIP N .13. 11: 11:.. Qu'/ f. . 6 * &&~ :464 9.,6:1 2 1 * S rA r 4 421. i '-,T~, 17I1=11 imISiiumudill niniliH,ruu_[_i MJ.' M liuinu[FIC IDI 7,7[IELLCEI_ITT-E- -Trumn irrif-ET En- - ,I 'UU.ULLU'll,Illl, 1-i I -=--26224=:-~ I ./ ~.= . #.Ill_XEM~3- =¥ *-V , ':Ean:J , - - =4 t-R! .. , 01 -cr€*3***fljj:©2*k=te#39«Z**ms lid-. R ./ . I .ZZL-1,2 - Elm //· *·.~· :·,=i-=...u.E2·r·*32.2,6-;Q.=9-•>· *- /,1 :·.r . - .721'&----..---==34~*0 -*.:F-= -==--22-194- 51 1011, '11:1.1 . ' ·r,-TN~12*~ \ 3 Ni--£4*0-;42-BE#-V 9=· irmmactuirrirmnr:Im:mammm,Ii]:Ii:Im:Inralmnrmmmnion<Imr:.RE=,IllnI:Emlim„irm=74 + El#11 ~11 1 Ium UU-uultilli,Ii,UUL:1IU111[Uluum, !01!ituu'lful ' Ualluiwilliou 1!!0!mointi! 1!11!1!I 1 1 ©/-Wor i~ DRWER LICENSE UNKR M 2£21151 9Q ir irm.tuta:*=»*f Adot. ~r:,44'Nohr 1 ·,:' FBIRTH DATE ·f.: .,.-:,te, 1,d<(-0:~~222~.~0- *. EXPIRES- .r ..' 5 'o,eweaCERANIJBIA,D+INSON -· ' - 1 1 -·.:riTE®Jm] 2- ' z ,:.1363 MOUN[Al,(0156PECT 34 ' ' 0.1,etiokt.07-12-1~, ' >.;ESTE@14€1(CO~*517 - D(<%(Dj --- -1 1 I ff ··:42· }fo. . ; DRIVER LICENSE UNDER M ~ 49 lili . 6415 · 2-12 : 0 ,¥06, . i..:. .L . :S .4.L„wl ' '- >M, Z5972(50, 002(.41•p.,7. 2463 * 8•x'*R,#5Ar- i -Up*nor.pr.v * Ot '1;·0£44/Ay SlaTH DATE . A-;****f» ~heet-~ 11 ~ ,-04 %#EiE ·. 6 i ' 1 EXPIRES [GIKENE] · · 03*rONE .PINE DRIVE -1 E 1 · 1•ouo Dots 07-10-2000 ESTESPARKED 8051 7 . I / I , Cast# 0/- 801 VOLUNTARY STATEMENT Name ··62 t' C .17© 4 Ir 52 01, Date of Birth 6/6 /9 1 Age / 9 Home Address 7 (27 Prd/of-- A he·,r- RO. Box - Phone (H) 4 9 2 -4 9 ? City/State/Zip wg 4 4 A-/C Co, RE 1 9 Phone ON) 6 676 - 30/ * Employer Ac clec, U S Address ' Height C Weight I'>~' Color: Hair 8(ac-Y Eyes 976;- SSN §3 2 39 6% f Date Place Time report started am/pm I, the undersigned, do hereby make the following statement ~-047- 0.,2 91- l.,0 w 4 -1-u )6 €f, 0,4 t 9« 9 1 ·Re«. ) 9 JO rY 6 0 9 -U~ 4) ul ? 4 G Act O 4-- 14·ue w ker ACI) 120(b.-3 i>-f 00 -72- awthor G.~2 1.,·,4.9- 77* IF-er- 6,~r) 4 4. Ata tio,A- ch_s (02 Far ck Lty T . ,-9 - r." A S-r,) ,+ 4 -, a.*9 4 £ ,3, c- ov.r»40 1 2/ i<*0,1 54<>/- 4- l,J.96.04,-- I~Lir'>44- f/ofe flun~ I/(«,· '-4 CUA 5 4 Orly 1576» coc ore«PO' C.Cp_0 . I have read this statement consisting of pages/s and the facts contained herein are true and correct. Witnesses 2&31- _ Signature of person giving voluntary statement page of pages Time statement finished arn/pm Date- Case# D)- 50 1 VOLUNTARY STATEMENT Name ~1) o Yl (w?k.Jn ~ b I~ POJO Date of Birth Age Home Address '' P.O. Box Phone (H) City/State/Zip Phone (W) Employer Address Height Weight Color: Hair Eyes SSN Date Place Time report started am*m I, thA undersigned, do hereby make the following statement 6,1 f I $,1 40* 2 Ea 6 1 -5 ide- 4-08 61-Dee j l,Jodi)<ed tr> 4-Ae. O.00 /e,r- pie,14.e J (,f> O-1"'r 6- pack' c> A 20*w·e,Npr- ,-4 in pred.-eue.Aed} to kke Cre-Al. 0,·-ptink-vy FIA*. 8,1 wed An ite. counk<r- ¥44.0. 034,·r k / crken l.·#cj n,rk/5. =C- 1, Cft''lef 24 eae e 05 13 1 K hotr- R r n ey €5 Blue 00 le-raan 8 rd ) 0, Ap . Al 4 ; i_,e- 4%7 To 0 4-4' f 5 k i' r 1- 1,0'; 4-1 RA Crev n „ 1 # 4,11 n io 9 Art Pe5, ~bJ u f y earn 6144#3 3 rm#\ n, +he 4 0-/f, to Z A o of N 9 T. K 9 n 1 0.4 d Zi~ r.> r ~4 0 0 ir R +Agn ha#Ja -,pu 4 te a feci €9+ 96-0 i>-ve, 4,14. n.fl * 4-.4-1 0, oug <76 25urdlm.,noe. Avirn FAE- 02 O. 00 06 e.& . 76 en gr ) t 33 (etrl -' fl>€ 9.61*&>fibkpiell f r - I have read this statement consisting of pages/s and the facts contained herein are true and correct. Witnesses 13 en-e-tan j b e-ve«- Signature of person fiting voluntary statement page of pages Time statement finished am/pm Date *3&429.: %*9*3(21. 4..PA»SY:> 1 A- :44*94%$412. ...WW.pl/*·':I '9*92,3,6 neum«94 .... .... I - t .. - 54%52. ........ 4314*% 1 ».:ej.U44224' .. r5f 21 ··,.~tx:»rs.:H '4 I . 11Nt I. I. · U ·' 1·: -B/5A7-jit.fit?:k. -+ . · . .....rht .- . . fo .. ....Ill /~.-1-J;13· ~ '' ' '~ 4: .: .114 ~L.A~ ' + -':,9 28*:,4:t.!Mky...1~:334:SU:. W · 61., 3275.7 9,5..,,~Mn · 01 -800 & 01 -801 f f... 2.4*71.:1.E'624** 3. L *~; i Off:. -i' i·.:Il::.I~11is- m4 ,:it -*AV . .. il· 4.Et ·, . 'GLJ- 12.a.. ~....~'~.·f'-f.% »f. .C ¢ f.-~-€*I. 4 1 . ':15*7931.29934}.3....,.:- .. 1 1. 5\J y - "n- ..1 -:'.: =....9 . 41.1 9 r? P ' - r. 1 -,14 J - 7 i./·0*L'*04 -·· -- . 1 1 1 1 0 . , r.. *1 42027 · lili :.3 e · : . 1 1.....1 1 't 59 , - 1 ~ 3. .~ a.r brl. V'-' tk~~ ~ ~ ~~~~ ~ 9(94-· , 0-n·,·1 f.ier 6 - i>·a~t-7 IRT-F *01 -" -4.'. 4,4:-4. 421.»9,14*£414. le¢,~...1,¢71 01-801 . Auft Z t.ze/2 * Ut.„N m .= U. '24 AC·•99 a ~A.4.1.4 . · Ii, - e --222 · 93·: . . ,.. - :. 1 ..../.4 I ' :.r:'. .*e 2 · 181 , t. - 42..,4·3 1 - . 4f--1':1 . ·L'yam ':3··11-· ~p:@.:/ 496..... - j.iR¢,MfiI .~ 1 / ~ ~~ .N•;,·9.·7.: r . . 42.2,1.-€ 4 +.1. . r..r.03.32*,4.-3 ir-1.2.1.•·..».#/.· Ak,»>13*V -- 44 € 1 . 9 48- Ar ... 5*det-: + 1.- J. =10 7 .F..... t..:.. .All :1 I - -1 . ..... ..01 694 - Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees From: Town Clerk O'Connor ~-0 Date: July 10, 2001 Re: ROCKY MOUNTAIN PHARMACY LIQUOR VIOLATION - FIRST OFFENSE Background On June 21, 2001, Deputy Chief Filsinger and I met with Gregory Barton, owner of ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC.. We explained the allegations made by the Police Department that set forth the need for a Show Cause Hearing (case documents attached). Mr. Barton was very cooperative and responsive. Budget N/A Action As authorized by the Town Board, we also explained the Stipulation and Agreement and staff is recommending a standard 21-clay suspension, with an actual time served of 7 days from 12:01 a.m. Thursday, July 12~h through 11:59 p.m. July 18~11 This recommendation is consistent with prior suspensions imposed to other liquor licensees on a first offense "sale to an underage person" violation. 1 BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK ESTES PARK, COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC. 453 E. Wonderview Ave. #1 Estes Park, CO 80517 Liquor License #10-8000-0000 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC., hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on June 15, 2001. 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the Liquor Licensed Drug Store License issued to ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC., 453 E. Wonderview Ave., #1, LICENSE NO. 10-8000-0000 be and hereby is suspended for period of SEVEN (7) DAYS, commencing at 12:01 a.m., Thursday, July 12, 2001. DATED this 10m day of Julv , 2001. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 4 0 BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC. 453 E. Wonderview Ave. #1 Estes Park, CO 80517 Liquor License #10-8000-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC., 453 E. Wonderview Ave., #1, Estes Park, CO 80517, LICENSE NO. 10-8000-0000, ("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. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to 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 admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to: (a) a 21-day suspension, with an actual time served of 7 days of its Liquor Licensed Drug Store Liquor License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's Liquor Licensed Drug Store Liquor License to take place as follows: From 12:01 a.m. Thursday, July 12, 2001 through 11:59 p.m. Wednesday, July 18, 2001. (b) All permanent employees be required to attend certified T. I.P.S. Training within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified T. I.P.S. Training to train their remaining employees within 12 months from the date of the Finding and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. (c) The 14 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 Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's Liquor Licensed Drug Store License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. DATED this 2 { day of j--U---2/ ,2001. ROCKY MOUNTAIN PHARMACY TOWN OF ESTES PARK OF ESTES PARK, INC. M 44_ Eca«~ Licensee U Estes Pa@(Rblice Departmeot< VV 4-1-L, 0- ou-,0 Town Clerk BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC. 453 E. Wonderview Ave. #1 Estes Park, CO 80517 Liquor License #10-8000-0000 WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT "B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE INCIDENT REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board in the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Ave., Estes Park, Colorado, on Tuesday, July 10, 2001 at 7:00 p.m., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the ~ allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed and delivered to the above-mentioned licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this 14~h day of June ,2001. TOWN OF ESTES PARK .,1,1111!11,1/,/ oof E S Te 2//0 216 0·g~~U Town Clerk ..17 0 0/ ..40 1 •712 - . 0 = Sr- E :05 57. . -4 C 14 :.SE AP..coy .4,4 cous ~0 '//i"ll/litilill tittlitil, EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-47-901 Unlawful acts - exceptions. (1) Except as provided in section 18-13- 122, C.R.S., it is unlawful for any person: (a) to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard; It is alleged that on or about May 18, 2001, Kari Hamel, Clerk, ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC. did sell liquor (1 six-pack of Budweiser) to a person under the age of 21. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT INCIDENT REPORT NO. 01-800 ATTACHED ESTES PARK POLICE DEPARTMENT < SPEED OFFENSE SECTION - INCIDENT REPORT REPORT# 0/-€00 / OR · - TYPE * ORG OSUPP OIN CUSTODY FILING O OTH FILING O PRIORITY O DUI O DOM VELENCE | FORMS USE - OFFENSE , PERS/BUS , 0 NONE O COMPLAINANT IS PROF'/VEH 1 »toNE XPROPEFfpiltiPS- 'INFORMATION - SECTIONS # / SECTIONS # / REPORTING OFFICER SECTIONS # UNKNOWN CEOF ~£~ PHONE .-- CURRENCE 453 2.. las.n,74,v,tw.Auc -ne sm,k, 6. 5(oS1.-7 5%6-.SS 7 7 wATE(S)/TIME(S) OF OCCURRENCE DATE/TIME REPORTED ~DATE ASSIGNED / TIME-ASSIGNED / ARRIVED / COMPLETE / TOYA: 54%-01 , /9 43 5-/9.0/ I /993 5-1 2-0/ 1 0> 43 , (993 1.2001 1 1.*ail REPORT STATUS O EXCEPTIONALLY CLEARED--* [J A) DEATH OF OFFENDER AREA - O B) PROSECUTION DECLINED 06 RNG 73 \A O 1/N) OPEN O 5/N) IN-SUSPENSE RECORD TYPE O 2/N) INACTIVE 25 6/N) CHARGES FILED --*- O C) EXTRADITION DENIED - TWN 05 N O PA) PENALTY ASSESSMENT O 3/N) ACTIVE O 7/14) OTHER DEPT HAND -- O 0 VICTIM REFUSED sRb O TS) TRAFFIC SUMMONS 0 4/U) UNFOUNDED 0 8/14) INFO REPORT -*- 0 E) JUVENILBNOT CHARGED EP001 SEC 25 01CS) CRIMINAL SUMMONS > EC) DATE: BOOKED AT DC? O YES M NO JUV NAMED? O YES Z NO EVID/PROP SEIZED? 0 YES E-Ne~ KEYS: NO. INCIDENT/OF~ENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD O CONSPIRACY PREMISE ~05 FORCED 1 Un <CI WA~(i 1 Aers Tb.e, r O SOLICITATION ENTERED O 14) NO FORCE NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD O CONSPIRACY PREMISE ~ O F) FORCED ENTERED O N) NO FORCE O SOLICITATION NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF - ENTRY METHOB O CONSPIRACY PREMISE ~___~ O F) FORCED ENTERED O N) NO FORCE O SOLICITATION NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD O CONSPIRACY PREMISE ~-~ O F) FORCED ENTEREDI O N) NO FORCE O SOLICITATION LOCATION TYPE (CHECK ONE) O 06) CONSTRUCTION SITE O 13) ALLEY/ROAD/HIGHWAY O 20) RESIDENCE ~07) CONVENIENCE STORE O 14) HOTEL/MOTEL O 21) RESTAURANT O 01) AIRPORT/BUS, TRAIN STATION O 08) DEPARTMENT/DISCOUNT STORE O 15) JAIUPRISON O 22) SCHOOL/COLLEGE O 02) BANIUSAVINGS & LOAN CO 009) DRUG STORE/DR. OFFICE/HOSP O 16) LAKE/WATERWAY O 23) SERVICE/GAS STA. O 03) NIGHT CLUB/BAR/TAVERN O 10) WOODED AREA/FIELD 17) LIQUOR STORE O 24) SPECIALTY STORE 04) CHURCH/TEMPLE/ETC 011) GOVERNMENT BUILDING O 18) GARAGE/PARKING LOT 5) COMMERCIAL BUILDING 012) GROCERY/SUPERMARKET O 19) RENTAL STORAGE FACILITY O 25) OTHER/UNKNOWN . vFFENDER USED (CHECK ALL THAT APPLY) O A) ALCOHOL O C) COMPUTER EQUIPMENT O D) DRUGS/NARCOTICS 014) NOT APPLICABLE TYPE OF CRIMINAL ACTIVITY (CHECK UP TO THREE) TYPE OF WEAPON/FORCE INVOLVED (CHECK UP TO THREE) (CHECK W IF FULL AUTO) O B) BUYING/RECEIVING O11) O A) FIREARM (UNK TYPE) O 40) PHYSICAL FORCE (PERSONAL WEAPON) O C) CULTIVATING/MANUFACTURING/PUBLISHING 012) O A) HANDGUN O 50) POISON 2'D) DISTRIBUTING/SELLING 0 13) O A) RIFLE O 60) EXPLOSIVE O E) EXPLOITING CHILDREN O 14) O A) SHOTGUN 0 65) FIREANCENDIARY DEVICE Ci O) OPERATING/PROMOTING/ASSISTING 015) O A) OTHER FIREARM O 70) DRUGS/NARCOTICS/SLEEPING PILLS O P) POSSESSING/CONCEALING 0 20) KNIFE/CUTTING INSTRUMENT O 85) ASPHYXIATION OT) TRANSPORTING/TRANSMITTING/IMPORTING O 30) BLUNT OBJECT O U) USING/CONSUMING O 35) MOTOR VEHICLE O 90) OTHER O 95) UNKNOWN € 99) NONE BIAS (CHECK ONE ONLY) 015) ANTI-MULTI-RACIAL GRP O 26) ANTI-MULTI-RELIGIOUS GROUP O 42) ANTI-FEM. HOMOSEXUAL 011) ANTI-WHITE O 21) ANTI-JEWISH O 27) ANTI-ATHEIST/AGNOSTIC/ETC. 0 43) ANTI-HOMOSEXUAL (M&F 0 12) ANTI-BLACK 0 22) ANTI-CATHOLIC O 31) ANTI-ARAB O 44) ANTI-HETEROSEXUAL 013) ANTI-AMER IND/ALSK NATIVE O 23) ANTI-PROTESTANT O 32) ANTI-HISPANIC O 45) ANTI-BISEXUAL 014) ANTI-ASIAN/PACIFIC ISLANDER 0 24) ANTI-ISLAMIC (MOSLEM) 0 33) ANTI-OTH ETHNIC/NAT'L ORG 0 25) ANTI-OTHER RELIGION O 41) ANTI-MALE HOMOSEXUAL 2188) NONE O 99) UNKNOWN SYNOPSIS: , ..re~CL'.ue>/4£')'/,•M·•·r. 4,4. Str. f ;17 -1--c.ve, CAn,01·t/«4. l\~£·,11- < i.u,o/l..,1,<.1'c, t.-~$'~?'I.)0;,-c..1 (Dictrie.1 t.y <f s;•,-pa£k-ul4 a - 8w~4.-Ii;.g G /1(1 40£.e X:r , f -~ 1-W f~'- C 12/,4*· '04'- e./506 ,'r/4- 7,/,>04. £73 #e,-1 6,( C? 2*X < </Z=---- I n. 1-1 1682.1 0 7-4¥ c r.lk 1 7; ,-Ihijk; d. 3 1, c.: i-z,·9_. hir•, 43 62 i -n5 le} Foet. -r'C~-3I~ - --4·14-r 6€- ,-.&,$ l-n elc, -114- e.54· °+ 1' .4£1::. (LA#*k Yl-'u„n d.=- or·ni- =.cd<_cu -ro sell li:r-, -4%-1, C.,0 ro.ck. 00'.-©., n.·:ic£ fo, 114:, c.,9-rA C.r·1*.4144 12.0 -- l>;11 1.ncli.nE, s<ne.( naphir ©4- 49*il_s.1~li-6-- , 47,(46<ell.ojic·:cren#. [30;,c,n--* ..jol·~niey.--,tick r.2-r,trn-ujlfo 0-, L#A~1•c~<..DO),47¥ke. ·AA pc £ 4- t' ' tan.ti-~1.-n CO•:13£+C-.~ N.,ra;'Cl.~7-4/ Gri~i: mi.jl~-be·'T <~U. Al€IT -7-1~u. c~<{c./.05.1,7.>112.-ILAL~-!31- - I. In; 5 rn 54 L „ 00/l of /St =1 '' fli-,1 :A:..9-2112-n c.,j r·Jifie.~-re ~14·- C,¢,1 {Lrien 'L C];cl 324:Z~Lt< dr il/ . 3, 64»7," t. A >,1 12- C-9.9/;14*0.-j-~ n /,t .ut *-' C\(15 .'lln • 'he £-,- L.,/6 * 414: 2.-£- 1/rr» e.vid<- m <€·an J'6~~As . \ 0 OFFI«FU#hfRIA-1-yBUNG@®M J SUPERVISOR SIGNATURE & NUMBER DATE APPROVED 7 . / VI v j /01,C «K!1/---*-- Sult KP·¢€-6197 ' .,rrl »,1 10 /'lt<!1?U-To,1-=E~ ESTES PARK POLICE DEPARTMENT PERSON/BUSINESS SECTION - INCIDENT REPORT | ENTER ALL PERSONS CHARGED FIRST, ALL VICTIMS SECOND, ALL OTHERS LAST REPORT # / /- ~'DO CODES BK, CF, CS = W ARRESTEBARREST INFO REQ INVL CODES V, BV = V VICTIMNICTIM INFO REQ ALL OTHER CODES 221 SEQ M A NAME DOB RESIDETKI NUM OV UF/M 84nc I ker; O/24,75 mR 9-11 00 SOCIAL SECURITY'NUMBER RACEP W SEX O M ETH O HISPANIC HEIGHT WEIGHT HAIR EYES INVOL 01 OB mi: 2-NOT HISPANIC CODES (3 ODS-/9- 97/2 DA OU OU 0 UNKNOWN 5 to 170 %\C) €,/fic I /HOME ADDRESS PHONE 99% 91*,7,<u /9,~e ."tr3 2. R 6:ew:Y,53 21·r,i~~9~. C. t¢></7 cl,0 N,/0 -9925 6.t/3 WORK -0 PHONE NAM/ADD Rock v Moun-r< ;a 9&,arme,(I* 953 9.. l»one",u,·z e, At.u.. (970 55»5577 ARREST ' |ARREST*PE MULTI CLR MOST SERIOUS ARRESTEE JUV DISPO DATE/TIME / 00 OS OC OM OFFENSE NUMB ARMED WITH OA OH OR OFFENSES COMMITTED 01 02 03 04 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE ON OB 01 OL AGAINST THIS VICTIM 06 07 08 09 O1C TYPE CIRCUMSTANCES CIRCUMSTANCES INJR OM 00 OTOU VICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al /A2 /A3 /A4 /A5 /A6 /A7 /A8 /A9 /A10 SEQ 0 A NAME - DOB RESID STA NUM OV UPIM 1 7-/ 3. S.7 81'R ON B0 SOCIAL SECURITY NOMBER RACE,0-W SEX.aM ETH O HISPANIC HEIGHT WEIGHT HAIR EYES INVOL 0| OB OF [3<NOT HISPANIC 5'74 /50 Wk) BRE CODES 32> 4)F- vy- 795 i OA OU OU O UNKNOWN HOME ADDRESS P.O. BOX PHONE ) WORK ,*f7.7 0 6/4, Co. 2 05/7 NAM/ADD / /O/ /'54 e <9'«00.#w. L.5.7--4 1 (9 9 0 NS &:1 -3 351 5 PHONE ARREST ARREST TYPE MULTI CLR MOSTSERIOUS ARRESTEE JUV DISPO DATE/TIME / 00 OS OC OM OFFENSE NUMB ARMED WITH OA OH OR ENSES COMMITTED 01 02 03 04 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE ON OB 01 OL INST THIS VICTIM 0 6 0 7 0 8 09 010 TYPE CIRCUMSTANCES CIRCUMSTANCES INJR OM 00 OTOU TIM / ARRESTEE ~REL CODE / SEQ NUMBER /Al /A2 /A3 /A4 /A5 /A6 /A7 /A8 /A9 /A10 SEQ 0 A NAME -- ,· P .1 DOB, - RESID STA NUM O V / f) Ui:/M ~06,7 50.-1 (37, 1 0>-6- X / ER ON 5* 0 ·-~·> SOCIAL SECURITY NUN(BER RACE 2.W SEX BM ETH O HISPANIC HEIGHT WEIGHT HAIR EYES INVOL O| OB OF BNOT HISPANIC Cd /3-0 860 t?c u CODES 5 5 5-2-2 -5 9 -gs> 1 OA OU OU O UNKNOWN HOME ADDRESS P.O. BOX PHONE ) WORK <· PHONE NAM/ADD 190 Ple c G.,240, jf v.c. C 57- >7£7,4 , CLA gos 1 -7 C 570 ) 599 >93 Y ARREST ARREST TYPE MULTI CLR MOST SERIOUS IARRESTEE JUV DISPO DATE/TIME / 00 OS C] C OM OFFENSE NUMB ARMEDWITH OA OH OR OFFENSES COMMITTED 01 02 03 04 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE ON OB o IO-El AGAINST THIS VICTIM 0 6 0 7 0 8 0 9 010 TYPE CIRCUMSTANCES CIRCUMSTANCES INJR OM 00 OTOU~ VICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al /A2 /A3 /A4 /A5 /A6 /A7 /A8 /A9 /A10] DOB RESID STA SEQ O A NAME 6 7 / OR ON NUM OV ugu ~566154 ~Oan 7-6,/7 l-''harn,lucq 00 SOCIAL SECURIT¥NUMBER RACE O W SEX O M etH O HISPANIC HEIGHT WEIGHT HAIR EYES INVOL 01 OB OF O NOT HISPANIC OA OU OU O UNKNOWN CODES ~ ~ - HOME ADDRESS P.O. BOX PHONE - WORK C ) 1 41 ./ PHONE NAM/ADD L./ 5.3 1-. (-LJOOJ€•:4//'«U //U·e-• ES-7132'~vk, to.%03'7CC>.70) 586-5177 - IEST ARREST TYPE MULTI CLR MOST SERIOUS ARRESTEE JUV DISPO E/TIME / 00 OS OC OM OFFENSE NUMB ARMED WITH OA OH OR OFFENSES COMMITTED 01 02 03 04 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE ON OB 01 OL AGAINST THIS VICTIM 06 07 0 8 0 9 0 U TYPE CIRCUMSTANCES CIRCUMSTANCES INJR OM 0 9.-2.TELY- VICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al /A2 /A3 /A4 D\5 /A6 /A7 /A8 /Ag /A10 EPPD 8/97 ESTES PARK POLICE DEPARTMENT PROPERTY/VEHICLE SECTION - INCIDENT REPORT REPORT # 01-1500 YPE PROPERTY CODE QUAN VALUE DATE RECOVERED TYPE PROPERTY CODE QUAN VALUE DATE RECOVERED LOSS/ETC. LOSS/ETC. 0 2) BURNED O 2) BURNED 03. 1 #521 0 3) FORGED/ O 3) FORGED/ COUNTERFEIT COUNTERFEIT O 4) DAMAGED/ O 4) DAMAGED/ DESTROYED DESTROYED O 5) RECOVERED O 5) RECOVERED 0* 6) SEIZED O 6) SEIZED 0 7) STOLEN/ETC. O 7) STOLEN/ETC. O L) LOST O L) LOST O F) FOUND O F) FOUND SAFEKEEPING SAFEKEEPING TYPE PROPERTY CODE QUAN VALUE DATE RECOVERED TYPE PROPERTY CODE QUAN VALUE DATE RECOVERED LOSS/ETC. LOSS/ETC. - 0 2) BURNED O 2) BURNED O 3) FORGED/ O 3) FORGED/ COUNTERFEIT COUNTERFEIT O 4) DAMAGED/ 0 4) DAMAGED/ DESTROYED DESTROYED 0 5) RECOVERED O 5) RECOVERED 0 6) SEIZED O 6) SEIZED 7) STOLEN/ETC. O 7) STOLEN/ETC. ) LOST O L) LOST O F) FOUND O F) FOUND SAFEKEEPING SAFEKEEPING 01) AIRCRAFT 12) FARM EQUIPMENT 23) OFFICE-TYPE EQUIPMENT 32) STRUCTURES- 02) ALCOHOL 13) FIREARMS 24) OTHER MOTOR VEHICLES INDUSTRIAUMANUFACTURING 03) AUTOMOBILES 14) GAMBLING EQUIPMENT 25) PURSES/HANDBAGS/WALLETS 33) STRUCTURES-PUBLIC/COMMUNITY 04) BICYCLES 15) HEAVY CONSTRUCTION/ 26) RADIOS/TVS/VCRS 34) STRUCTURES-STORAGE 05) BUSES INDUSTRIAL EQUIPMENT 27) RECORDINGS-AUDIO/VISUAL 35) STRUCTURES-OTHER 06) CLOTHES/FURS 16) HOUSEHOLD GOODS 28) RECREATIONAL VEHICLES 36) TOOLS 07) COMPUTER- 17) JEWELRY/PRECIOUS METALS 29) STRUCTURES- 37) TRUCKS HARDWARE/SOFTWARE 18) LIVESTOCK SINGLE OCCUPANCY DWELLINGS 38) VEHICLE PARTS/ACCESSORIES 08) CONSUMABLE GOODS 19) MERCHANDISE 30) STR0CTURES- 39) WATERCRAFT 09) CREDIT/DEBIT CARDS 20) MONEY OTHER DWELLINGS . 77) OTHER 10) DRUGS/NARCOTICS 21) NEGOTIABLE INSTRUMENTS 31) STRUCTURES- 88) PENDING INVENTORY I 11) DRUG/NARCOTIC EQUIP 22) NON-NEGOTIABLE INSTRUMENTS OTHER COMMERCIAL/BUSINESS 99) (SPECIAL USE) NUMBER OF DRUG QUANTITY TYPE A -'CRACK' COCAINE K -OTHER HALLUCINOGENS GM- GRAM STOLEN VEHICLES TYPE MESR B -COCAINE L -AMPHETAMINES/ KG- KILOGRAM C -HASHISH METHAMPHETAMINES OZ -OUNCE D -HEROIN M -OTHER STIMULANTS LB -POUND E -MARIJUANA N -BARBITURATES ML -MILLILITER NUMBER OF F -MORPHINE O -OTHER DEPRESSANTS LT -LITER RECOVERED VEHICLES G -OPIUM P-OTHER DRUGS FO -FLUID OUNCE H -OTHER NARCOTICS U -UNKNOWN TYPE DRUG GL-GALLON 1-LSD X -OVER THREE DRUG TYPES DU- DOSAGE UNITS/ITEM J-PCP NP -NUMBER OF PLANTS (VEHICLE CODES - OVER) IVEH SEQ SUS YEAR MAKE STYLE COLOR LICENSE NUMBER STATE VEHICLE IDENTIFICATION NUMBER NO VIC - VEH SEQ SUS YEAR MAKE STYLE COLOR LICENSE NUMBER STATE VEHICLE IDENTIFICATION NUMBER NO - VIC --EPPE-2 lill-lilli' ESTES PARK POLICE DEPARTMENT REPORT NUMBER: 01-800 ESTES PARK, COLORADO Place of Occurrence: Rocky Mountain Pharmacy 453 East Wonderview Avenue, Estes Park, CO 80517 Ph: 970-586-5577 Report Status: CHARGES FILED Date(s)/Time(s) Date Assigned: 051801 Of Occurrence: 051801/1943 Time Assigned: 1943 Date/Time Time Arrived: 1943 Reported: 051801/1943 Time Completed: 2001 Total Time: 18 Booked at DC?: No Juvenile Involved: No Evidence/Property Seized?: Yes Incident Name: (1) UNLAWFUL ACTS-BEER (1) Synopsis: On the evening of 051801 we sent in two underage agents working for the ESTES PARK POLICE DEPARTMENT into ROCKY MOUNTAIN PHARMACY, located at 453 East Wonderview Avenue, Estes Park, CO. DOIRON picked up a six- pack of Budweiser and brought it up to the front clerk. The clerk, identified as HAMEL, asked for identification from DOIRON. DOIRON did present his ID, which showed him as being 19 years of age. The identification also said that he was under the age of 21. The clerk then proceeded to sell him the six-pack of Budweiser. DOIRON did pay for this with a marked $20.00 bill, ending with Serial No. 64118B (see attached photocopy). DOIRON and JOHNSON then returned to our vehicle with the six-pack and a receipt. DOIRON gave us a description of HAMEL. (Please see the voluntary statement of DOIRON.) etective KENNEY and I then contacted HAMEL after confirming that she met the description that was given to us. When confronted with the fact that she had sold to some minors, she told us, "His ID showed a date of birth of 1982." After realizing that was too young, she then admitted to her confusion and admitted to selling the beer. I then did serve her Summons No. C2412, for Unlawful Acts. The beer was then placed into evidence, and the $20-bill was retrieved from the cash register drawer. Person/Business Involved Person(s) Charged: 1. CS HAMEL, KARI DOB: 012675 SSN: 505198918 Race/Sex: W/F Eth: N Hgt/Wgt: 510/170 Hair/Eyes: BRO/GRN Hm Add: 448 Stanley Avenue, No. 32, P.O. Box 4283, Estes Park, CO 80517 Ph: 970-310-4425 Wk Add: ROCKY MOUNTAIN PHARMACY 453 East Wonderview Avenue Ph: 970-586-5577 Estes Park, Co. 80517 2. SB DOIRON, DONOVAN DOB: 041382 SSN: 438457992 Race/Sex: W/M Eth: N Hgt/Wgt: 507/150 Hair/Eyes: BRO/BRO Wk Add: 170 MacGregor Avenue, Estes Park, CO 80517 Ph: 970-586-3828 3. SB JOHNSON, GIL DOB: 060681 SSN: 522598521 Race/Sex: W/M Eth: N Hgt/Wgt: 600/150 Hair/Eyes: BRO/BLU Wk Add: 170 MacGregor Avenue, Estes Park, CO 80517 Ph: 970-586-3828 4. BO ROCKY MOUNTAIN PHARMACY OF ESTES PARK Add: 453 East Wonderview Avenue Estes Park, Co. 80517 Ph: 970-586-5577 r i ~Aff~%440* .8 - Kilsiol - P*SS'/5038 l ' SHIFT COMMANDER \J DATE APPROVED Page 1 of 2 ESTES PARK POLICE DEPARTMENT REPORT NUMBER: 01-800 ESTES PARK, COLORADO Property Involvement Property: Seized Code Description Quan Value Date Recovered 02 Alcohol 1 $5.37 END OF REPORT 4941 0321 -1\KpE&- slzslo, - PASS?5038 SHIFT COMMANDER KE*TE APPROVED Page 2 of 2 ·n€-Appear at Larimer County Justice UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT 1 Center, 201 LaPorte Ave. THE PEOPLE OF THE STATE OF COLORADO, Court Room lA No. C 2412 1 County of Larimer, TowN OF ESTES PARK VS. REPORT NO. ~ ~- 5~'Cj (~ Fort Collins, CO Defendant,flps. Name) ~ · (First) (Middle) Date ol Birth: Mo/Day/Yr Violation Mo/Day/Yea, ti 4 M i l ; Mc. , i 01 1 675 Dh Traffic O Penal E C./4.0 / Defendant's Address RO. By 4.0 * T- Pe.Bx . 9 29-5 /993 25,-€, 12331320.98514 Co No. Approx. Time of Violation 06 Driv•r's LIcense Number & Type State Sex I Race 1 +it. . ¥it. Hair Eves Home Telephone No Direction of Travel 46-/77-62.20 tb F \ w \€'to" 170 DAO ¢,AN clie )3/0 992<(WO ,_.4-_ Emplgar Name Employer Address © t t > z 1 Rir 1<ill<4 fln,u. Pinc..,r-~ £,€ v (970,5,96-55- 77 Yes O NO J.•C>...yes O No 25. Business Telephone Traffic Accide~,1 Injuries Involved Vehicle Licens6 Number 28!E_ Vehicle Year F Make Bgjy Type | Color Registered Ov,ner 1 Address -1 - .-I - Approximate Location ol Violation, State of Colorado,Larimer County in the TOWN OF ESTES PARK -26. YOU ARE SUMMONED AND ORDERED TO APPEAR TO ANSWER CHARGES AS STATED BELOW IN MONTH DAY YEAR -1 - LARIMER COUNTY COURT ZE W. CAN 071-1:CT. COUNAGGUM: Ft. Coltins. Colorado ON 20 0 1 AT / ex·/ 0 63,Pu CRS 42-4-1409(31 / *%57 < -: CAS 42-4-1301(1)(a) 8QP·'' ,· CRS 42·4·1101 (1) CF- Driving Under the Influence ~ - / 0 Speeding In Zone / No Prool of Insurance ' ·. ·' SUMMONS 02 Pts. ·> Fine S Surcharge: / Pts. SUMMONS . -- 4 / - 4 Pts. - CRS 42-4·1301(2)(a) / 815 CRS 42-4-204{1) -· ..· 1-· - . - 1'. /, CRS 42-4·1409(2) 956 Driving With Excessive Alcohol Content / ~*~ to 9~splay 1.ampM?c~;*ed~- -- . 2 prs. ~f" - ~ 26:'sgz' Uninsured Motor~~f~ SUMMONS BRAC,BAL 12 Pts 4 Pts. CRS 42-4-1301(1)(b) / . v. 801 ~ CRS 42·4·206(1) 615 CRS 42-4-1409(1) .3.- u.·/, ... ~ ,· .·-.·,- ·.954 k .It. Driving While Ability Impaired · 8 4 ~ Vehicle Not Equipped W/Tail 1,06 as Required owner Operated an Unir,Ored Motor Vehicle · ·3·.7 4, SUMMONS / '-8 Pts. -- - Fine S Surct/ge 0 Pts. SUMMONS ·27 ' ~ & . '14 Pts. CRS 42-4-138(1)(a) / DUS 076 [3 CRS 42-4·205(1) .. ~ 613 CRS 42-4-1007(1)(4)/' 223 Driving Under Restraint~ OUR 077 0 Vehicle Not Equipped ¥2Headlamps (2) as Required · , Failed to Dfive in 56,gle Lane SUMMONS DUO 078 0 Fine S /Sumharge: Fine S / Surchame: 3 Pts. 0 Pts CRS 18-6-801 Dom~ic Violence ·: i. +C . t.: SUMMONS ./ Charge |99-97-90/0)6) 525 SURCHARGE POLES COM CODE No. 5'ZED vt£2~~~':0°4 <71/3 -<~i,'/60· ~s<//o,n </U-,14 L> &6,£„2<fri .7. 67,4 (i.f 2377- /w /61/4/45 4./ w.,0T Atic rp /'Di ' ) 4>r: t..,kn LA-,£• 5 / •e-, S W,M-1 1 1 v ~~~4.0 3 et Ci «_ . Charge CRS CCS , FINE SURCHARGE POINTS COM CODE No. 1 <sUMMONS C ) TramAntraction 1,~34.QU,ense n PENALTY ASSEswfLT 1 1 Traffic Infraction , ) Offense WIT-HOUT ADMITTING ~ILT, 1 HEREBY Pi*MISE TO UPON PAYMENT OF>ti; PENALTY ASSESSMENT WITHIN 20 DAYS, 1 ACKNOWLEDGE GUILT OF AI~HARGES CONTAINED APPEAR IN COURyy»IP~DNES~~SHOWN: 0 HEREON AND U.pEASTAND THAT THE POINTS INDICATED ABOVE WILL BE ASSESSED AG*01MY DRIVERS UCENSE. ~ N-~>J· dON\,LK_ DEFENDAtpff' DEFENDA,•;~~ 1 / NOTICE/SEE INSTRUCTIONS ON REVERSE SIDE --. THE UNDEbtdbNE,~4Mt)~48#9*@ TO BELIEVE THAT THE DEFENDANT COMMITTED THE OFFENSE(S) AGAINST THE PEACE AND DIGNITY OF PEOPLE OF THE STATE OF COLORA°J,y~0~~~~i~~~THIS SUMMONS & COMPLAINT WAS DULY SERVED UPON THE DEFENDANT. 13455 gewpY,fir' '-7 jo No 323 *0- PRINT LAST NAMF . DATED THIS ~L DAY oF / /A-4 od)/'. /1 4 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST Atfiant, the above named peace otficer, being duly sworn upon oath, says that there Is probable cause for the warrantless arrest of the above named defendant, for the crime(s) stated above, and that the following facts are true and correct upon best knowledge, Information, and belief. The facts establishing probable cause for arrest are that at the approximate date and time listed above in the County of Larimer, State of Colorado, at the location shown, the following activity occurred: Peace Officer - Affiant: Subscribed and sworn to before me this - dayof Notary Public: Commission Expires: PROBABLE CAUSE DETERMINATION BY THE COURT U The Court finds probable cause fora warrantless arrest. D The Court finds no probable cause for a warrantless arrest. -1, lAy· - n.,0 .nri Time' ESTES PARK POLICE DEPARTMENT THIS IS A LEGAL DOCUMENT - READ BOTH SIDES! Distribution: White -COURT, Blue -DEFENDANT, Green - MVO TRANSCRIPT, Goidenrod - DISP/D.A. 1 lilli' i lili Case # 0 / -to 0 VOLUNTARY STATEMENT Name /2, 1 30(Ak.fc,L Date of Birth 4 8 / 8 1 Age / ~ Home Address ?C 7 9,6§ f« 2 J\6 -Cou/4 p.O.Box . Phone (H) 590./497 City/State/Zip 4 54-5 t)6,-a Col 2 8519 Phone (W) 5 M ··3 4942 Employer '(k r 'cl no e.6,0 € Address Height 5 - Weight (50 Color: Hair 63/0 k, Eyes BA« SSN 5/2 5-dN 854 / Date 5/ (9(01 Place Time report started am/pm I, the undersigned, do hereby make the following statement ~cic.Iow c.~3 I l,0 0, P- 24'in Pre 6,9 0- 44'k- U«0 477,41 1,10- 64 4.foct 0% Gue wz 4- /M-4 1-L (ctjy \p-2 44,3 "ti c,04144-- 50>(-3 f h is 4 9 2> 166 (bc·£9 le 4.4 , l,» 4-( P'\4:2 9 4,/4- 1.1 i 17!a. OV.,r C GY, -1- 91-, 0-ce . frea- Bu 3 . 3. 0-c) wo 543 4#4 liur}-- SL __ 4 1¢tl SAA- I have read this statement consisting of pages/s and the facts contained herein are true and correct. Witnesses 62 J 44_ - Signature of person giving voluntary statement page of pages Time statement finished am/pm Date Case # 0/- SOO VOLUNTARY STATEMENT Name h ancrumn b/9 ; reft Date of Birth 'M 5 /1 1 Age /9 HomeAddress 8963/Z-,0,+,.P In€ Dr RO. Box 25- 9% Phone (H)47<1 614-04,1 City/State/Zip ¥-44-6.6 94 1 <. j (10 l t>'t 03 o Phone (Wf)0)3 / 7 - 5930 Employer F. P P D Address /70 mae 6 re g o,r /1 ve Height 5 '7" Weight j SD Color: Hair Pr n Eyes Brn SSN 434 4 6 749A Date 5) It joi Place Time report started am/pm I, the undersigned, do hereby make the following statement Qi / f m ut,ely tn\,treA (>O 411- to de al# Ae h e Geon erR 5 € 0.0 I.ur ple,W.,A uf a 4; X pnp |4 n # Rul wel'ser (Osm·,3. P.Di Th·en orn*,e•d,,3 4 +4~- A>n t- Anv,4, r +0 8,;rollr,i.. 44,0 1/0 ,)or . T Annde, d 140* 6-pat~.14 40 phe, 0.·Jer /4 I F~,m 4, , -- 0 080 e , Mr9 6 1.6.1,44 u.) (2£49 n ;nit und,r 46#r#- w / 0 |7@vt· bjue ~,2.n -)enf< A.e'er Cvtc }Be,Ret) che- prorn,4-13 Ld<el fe,r n.,0 =35.(1 40 If p re< e,nte,~ m q O riv. rs LN,n.U Ceo) . 5 A e 1 401<,A @ d-,2- T D f-A,A 11BRAp.A h bae,Wi¥kan 5-Af. ra.,wl l.p 14 44<. CA#n/'*s..37£11, 9£ikvt me Aq Bilarule.0,0 1-6,0, fo- Pne/< 27(' a bag. C: I g r. E-4:-n /2-9* *Ae ( €5401 Ild rn On A I have read this statement consisting of pages/s and the facts contained herein are true and correct. Witnesses A-t/-49.-~j - Signature of persgyrgiving voluntary statement page of pages Time statement finished am/pm Date lili e P %00 ~ AF 43998737 E ,;37~1€**1 ~EINUEE[EILI~~ 1 : ..' 1 -41 Lk R lA¥* EQUE..2*®Wiritl:1!Ndo I. I 0' ~21 ;0 0'•10. E. F6 l }1~11 %456/ * €74...97* 0 . A <4*t.<ILL.-irAP 1 : 1- LAR37_1 THIS NOTE LS LIGALTENDER 1 -Ah'IN. - 6-£ZLa. - #80"F AF 43998737E ~ . FOR ALL DOTS. PVDUC AND F al'OT £ 6 9/71»27 V- L ·*--* :8~ ·7177 + . '93,>,1't.'A.-46'·,WMa:& *844&*m2'~'-~~"~s~BE~%1~5EmEta™Sam~EmE~ai78~gli,fr696.am 'TI+In d AJ23864118B -4%;5 e~ c.*.WNTm?agfiri'DE#Em~ve,-Efr~ M -641'.-» -2-1·,3.-:3!Z~ ~BukleNe,92:ititmi*?e~ W J10 A.# i. 1-2:= -4%#3$8//d . -1 *4/ mita Hm=< a ~~~Fr**87 - "1 6304,7 1-,YEr; 12#liLMS,In' }1. E.%:FHAE 11 M tilikiNt- 9' *- U - -- w 1 - AL 519989/21& na,MOTZ:SUGALTO•DER I'l-~~Id,~196#2,-idwia#,W A J 23864118 B E ! yORAILDE.Ts.PUBUCNIO'RI-E -1, ~;~;J-~~~~4'6--I. C~~p~~6~ = 9**£24€2 + 1 4-- '. EL -3 H, 'T,-.ir..re/VI• C-lk-, . - E~:5 -p" _--02219~B¢~--- --'. ' }F · m.mnnmmm,linliliT!111,¥ilmnminrmnir~ 400 W-h/bW38·111&/tlull.-€W:.1.,1.···--1:- --2 -1 7= .,I.2/* -i - i:A:,/ - -' E./2,% = E m * <1*1£4!*1240@.j,4*imt€kx B b *59% 73*#/---5- 0 P/Gh#*FGAUD»-222=433~ 7*;41-9- 44-46_ Ar-v--AM# 7 6-~u--z~..~\ U,flt' -IC -* . 6-3 El-1 Clat .nT, .mi. F// - r 1 1. . 111,6 . . 111, lili. TM ' Wei r M 4 5 " 1--ni -·964.4 -· -4.8 2 ~ 420 0~:,:39 H \ 19 :4064 '4 '01111 R hat . 0--9,26 . ~~hImImmammle,X,LmunmmmInununtullmimlmIIIallrni[Ill,[11111!UIrl!11IlllIUmIinIOIInInIImmmIrmmIImontlriLIntl[Illall,1 +I - I .- -F---I # -- ILLU}ILth·•·b-666.OM·=arpifWi--110·-•~ ·"-·· -· - ._-=. ...2.--F,41: 'y,,., 9.- .-1. mUUU„„Ullaul·.:),i•.*..,;,4, tt~i,ti@%3jN31~(21*ta~kilbiltittll~~~*3 i Zt.VV--=f#%-1.-----*-Lli . . h - b I.ql~--....'---- .. ti . C= aa~ A Ed . fil CE>~ 13- 6, ·p-·Ars, <mwi;~imile-w *#mwtmit:ima ... ... .m.' i#Ili 11;.1 -k:,1111,1 111*11 ful:.l.:.111 1- dll'.*35#**52~ ~ 1$;Si~S <E, a =)!11}E.-1,140;.1;2*11'PED>TE ..0. #21 &#~~7 73 -14 .161 H 'eLI.LIE_,GIL.-U'JGfu ' -JEL[IMEnTI)*E[IE[JUIZIZTITEELL trII[n[[10[IITTIm-TTTRLIInnlnUIrl-[ULI[CIWMImI[mII[nIZ[Ir[CrIZZIETTIFILITI[an~]]lm~[[Ik 7"yvivy'l'- immin,~niz:}ti~g~ !1'min 1111![lint!11111!ITII;milimtitr,1!imnillittliti O 0 ~ DRIVER LICENSE IUNDER M S.-2 Httg~Rt'>i'1**Net~>099• 'P.v 1[iDETITIFFH. : +2Ylll:1:IlliAL,am·, V 14,- ·. r EXPIRKS '- '{' 28;CEQANDBIWORNSON C. :riI¥*11!iA N.- u -·3031,~QUN..T~N~lt*PECT i I.euc Dots 07-12-1999 ESTESPARR CO §0517 0 40 Dll ....I".1 1 \ P?FI~ LZCOIDRAD€T tri*~12.Pr{4"~2*41~A14t BIRTH DATE . ~'·8%11441,1.9*;=*telitemif.1. -- EXPIRES ' ~I- ·DONOVANOAMES DOIRON J EREKEE] . 63*.13)NE-PIREDRIVE 1.out Dole 07-10-2000 ESTESPARR'6080517 REPORT NUMBER ESTES PARK POLICE DEPARTMENT 0/-goo EVIDENCE REPORT _ COPY BIN NUMBER RECORD TYPE CODE: R-RECOVERED D-DESTRUCTION E-EVIDENCE Value Record Item Qty. Item Description Serial Number Type No. Stolen Recovered 1_ 1 1 Gpic o.*13uJum»:- 4,/reczip-r-- of a a -54 L TOTALS ITEMS,SyBI~IT-*D BY /~3/') OFFICER NUMBER DATE TIME Lot. Lo/tb Uf\....Al. S 503 >r 5- /5-0/ 2/00 ITEMS F~ECEIVED BY DATE/TIME METHOD CHAIN OF EVIDENCE: DATE TIME RECEIVED BY PURPOSE ITEMS OB;Al>JED FPOM '1 A NAME 1 400*4 / /O"'77-4,;,7 ff)4/r«,ec/ DOB ADDRESS V€3> t. LJonch-*U;.LU A'l/.L. E-yr-2 \-1 A,- (1~ 8,6577 pHotta 576-5-577 CASE NARRATIVE: 1--1-1 ,-9 5 5<1'.u..4._, -(var-1 01:414,/oca C,nrv~6 'c.,+Tocc.Au-.A- - EPPD 8/97 01-800 & 01-801 *279&0&- - ~:- .g.q:.*=24,--·417 -' ~ 7' y... - €.3 9 -:- b i~ 1, ':5:te-44.2 .1 · + *%431:63· . ~·a·49*9;,-2.:7-;yi·~ t.;i *8* ., 01-800 & 01-801 ./ r b:&'*AE' &*94.39· A · · Ie: '.h" -/,I. -...1. L./-4/. ' -- 9*. ../. j'3:-9,41.- ,</014©. ..91=925,9 J ~ ·' .lu· -1/6.4. E..46,4%224.. "' . . I -I:../.-Idt- .-* ... *; r.'.9 44·i.,W·*62.7.4 · . 7; - -20/Lae- . - P.-4 - · 1, - Imt - ·r* ' ; -1 - 93.-9§9·357. 4 . 2....12·-PO 4. 41·, ':49*p , 74 4,49, = i. .: ·" r : 40.11% ; 1 z 'I : 4:6·,:· I;k.·I July 2000 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE MAYOR. The next order of business will be the public hearing on the application of Regnel LLC, dba CHELITO'S MEXICAN RESTAURANT, for a New Hotel & Restaurant Liquor License located at 145 E. Elkhorn Ave. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. This public hearing will be conducted in the following manner: The applicant will be allowed to state his case and present any evidence he wishes to support his application. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. The opponents will be allowed a rebuttal which may only rebut the evidence of the applicants. No new evidence may be offered. The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. TOWN CLERK. Will present the application and confirm the following: The application was filed May 15, 2001. At a meeting of the Board of Trustees on June 12, 2001, the public hearing was set for 7:00 p.m. on Tuesday, July 10, 2001. The neighborhood boundaries for the purp'ose of this application and hearing were established to be 3.2 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as a Limited Liability Cbrporation. The property is zoned C-D which allows this type of business as a permitted use. The notice of hearing was published on June 29, 2001 The premises was posted on June 26, 2001 . There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled Scheduled X Completed (Date: 5/22/01) There is a map indicating all liquor outlets presently in the Town of, Estes Park available upon request. MAYOR. Ask the Town Clerk whether ar# communications have been received in regard to the application, and if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board if they have any further comments or questions. Declare the public hearing closed. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighbbrhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. f TOWN OF ESTES PARK #44¥* Police Department F-k;:/.7. ~-49'24' 2.*Trlf....1 »-/46.rks*IMmimi.kt/~ditifwillit#13*.mijj~4/4*21~4*14143*,1 tff'LETME:LitM~WLE.%.'r5,8,12 . n ry. i>-lit'u-t ---- - ty# %1<.Es/lk<q*V#.-:1-3*-.62.J-0-ft- 5 2 9 -4 1 A & i *(o\*2.., rv/, i.-·-bit=f-9-Fi"I , 79#42-1 3, 1,440 -+Apioht , May 23,2001 Rebecca van Deutekom, Deputy Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Regnel, LLC (dba: Chelito's Mexican Restaurant) Hotel & Restaurant Regalado, Alfonso DOB: 05/14/47 Regalado, Virginia DOB: 10/20/48 Dear Ms. van Deutekom: An Estes Park local records check based upon the names and dates of birth of the above- named individuals has been made. There are no local records on the above-mentioned individuals. There fore, based upon the information received, I would recommend approval of the license for Chelito's Mexican Restaurant. Sincerely, --C. ichardson Chief of Police, Estes Park Police Department lr:bju (970) 586-4465 • PO. BOX 1287 • ESTES PARK, CO 80517 • FAX (970) 586-4496 DR 8404 (05/98) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION f] NEW LICENSE m TRANSFER OF OWNERSHIP U LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a ~ Individual U Corporation i] Limited Liability Company El Partnership (includes Limited Liability and Husband and Wife Partnerships) El Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Fein Number RegNel LLC *tud, 40.4 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telep66ne Chelito's Mexican Restaurant 4067837 0170) 586-0886 3. Address of Premises (specify exact location of premises) 145. Elkhorn ave. 3rd floor Estes Park, CO 80517 City Co 80517 County State ZIP Code Estes Park Larimer 4. Mailing Address (Number and Street) City or Town State ZIP Code PO Box 4402 Estes Park co 80517 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. Present Class of License Present Expiration Date SECTION A ,APPLICATION FEES ·| LIAB 1 ~a 1 SECTION D . . . LIQUOR LICENSE FEES 2360 0 Late Renewal Application Fee................................ $500.00 1940 E Retail Liquor Store License (city) ....................,... $202.50 2300 g Application Fee for New License ..............................650.00 1940, U Retail Liquor Store License (county) .....................287.50 2300 2 Application Fee-New License Concurrent Review.... 750.00 1950 D Liquor Licensed Drugstore (city) .......................... 202.50 2310 E Application Fee for Transfer of Ownership ............... 650.00 1950 0 Liquor Licensed Drugstore (county) . 287.50 SECTION B 3.2% BEER LICENSE FEES 1960 0 Beer & Wine License (city)...................................326.25 2121 El Retail 3.2% Beer On Premises - (city) ......................$71.25 1966 m Beer & Wine License (county) .............................. 411.25 2121 U Retail 3.2% Beer On Premises - (county) ................... 92.50 1970 63 H &R License ~city Ocounty .,...,...................475.00 2122 2 Retail 3.2% Beer Off Premises-(city)..........,...,,........71.25 1980 E H&R Licensew/opt Prem Ocity C]county......475.00 2122 O Retail 3.2% Beer Off Premises - (county)........,.......... 92.50 1990 0 Club License U city Ocounty ...........................283.75 2123 0 Retail 3.2% Beer On/Off Premises-(city) .......,,.........71.25 2010 U Tavern License C]city Ocounty........................475.00 2123 O Retail 3.2% Beer On/Off Premises - (county) ..,.......... 92.50 2020 El Arts License C] city C] county.............................283.75 20302 E Racetrack License Il city J county ....................475.00 SECTION C RELATED FEES AND PERMITS 2040 ¤ Optional Premises License O city m county...... 475.00 2210-100 (999) m Retail Warehouse Storage Permit ......... ......... $75.00 1905 D Retail Gaming Tavern Lic C] city Ocounty........ 475.00 1980-100 (999) m Addition of Optional Premises to existing hotel/restaurant 19751 0 Brew-Pub License 725.00 $75.00 x Total Fee O Other 1970-750 (999) D Manager's Registration (Hotel & Restaurant) ......$75.00 , · ' No Fee m 3.2% Beer On/Off Premises Only Delivery Permit 2010-750 (999) U Manager's Registration (Tavem) .. .... $75.00 ~ No Fee [3 Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY , LIABILITY INFORMATION License Issued Through County City IndustryrType 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 Flew Ucens• Cash Fund Transfor License , TOTAL 2300-100 2310-100 (999) (999) DR 8404 (05/98) Page 3 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? 0 ie 7. Has the applicant (including any of the partifers, 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 alcoholic beverage license? mE (b) had an alcoholic beverage license suspended or revoked? D E (c) had interest in another entity that had an alcoholic beverage license suspended or ravoked? 01 If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the p?oposed premises, been denied within the preceding two years? If "yes,' explain in detail. Cl E 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If 'yes," explain in detail.. m N, 9. Are the premises to be licenied within 500 feet of any public or private school that meets compulsory education requirements of 0 0 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 EN current financial interest in said business including any loans to or from a licensee. 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? . Ag m C] Ownership [3 Lease 81 Other (Explain in Detail) Leofie U <%1 00\:co 10 \0~0 ~ a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant ' Expires Attach a diagram and outline the area to be licensed (including dimensiotis) which shows the bars, brewery, walls, partitions, entrances, exits and what each 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 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. li Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. El ® Number of separate Optional Premises areas reqi lasted ,/10£ Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Stord have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. m Il p< Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a nati6nal, 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 00 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) ,-11. Bmw-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? 0 0 (Copy of notice or application must be attached) Date of Birth , 17a. Name of Manager (If this is an application for a Hotel, Restaurant or Tavern License, the manager must also submit an InBividual History Record (DR 8404-1). 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. C] O 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 finincial interest El ® 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. DR 8404 (05/98) Page 4 19. If applicant is a corporat:on, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF POSITION % OWNED BIRTH Alfonso Regalado , 3/6 M Av 7-0 A. Ae £ 4 4 Evrc s- PAill < c 05/14/47 U-Wr~er 50% Virginia S. Regaladc /3/6 /4/9/ FOR-Aus , 9 ES 7-2-3 f AiLK r. 10/20/48 Oldn g r .50 70 3 Additional Documents to be submitted by type of entity El CORPORATION El Cert. of Incorp. U Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP 01 Partnership Agrgpment (General or Limited) ~ Husband and Wife partnership (no written agreement) ~IMITED LIABILITY COMPANY [*fArticles of Organization CJ 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 Tory J. Nelson 401 N. Timberline Rd. #19 Ft. Collins CO 80524 . ..1.3 I. W .. I ' ' . .ii OATH OF-APPLICANT,4 2 > 6, I declare under penalty of perjuryiii thekecond degree that this application and<allattachments are true, correct, and comp-lete 'to the best of my knowledge. I also ackno#ledge that it is mysresponsibility and the responsibility of niy agentsand, employees to comply with the provisions of the Colorado Uiloor or Beer Cdde which affect my license. Authorized SignaIONia.--~-~ Title Date ' 32:€1~24,/7 9 7 e 1 - C E O 05-/9-0/ REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less 70 Gu# 15, 200 1 than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-1: Yes No a. Has been fingerprinted D El b. Background investigation and NCIC and CCIC check for outstanding warrants conducted cm c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. D Il If "no", the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, businessto be conducted, and characterof the applicantare satisfactory. Wedoreportthatsuch license, if granted, will meet the reasonable requirements of theneighborhoodandthedesiresof theadultinhabitants, 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 D TOWN, CITY I~ COUNTY Signature Title Date Signature (attest) Title Date 1 If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissionersandtheclerktotheboard. If, byordinanceorotherwise, the local licensing authorityis some other official, then such approval should be given by such official. DR 8404-1 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALLquestions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business £;~il 30, 01 115(3f!.3§1-thtlgyfer(s) Chelito's Mexican Restaurant 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) Regalado Alfonso 4. Mailing Address (if different from residence) Home Telephone PO Box 4402 Estes Park, CO 80517 (970) 577-8303 5. Residence Address (street and number, city, state, ZIP) 1310 Manford Ave. G4 Estes Park, CO 80517 6. Date of Birth Place of Birth 7. U.S. Citizen? May / 14 / 1947 Mexico El Yes ~ No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number A - 077779863 8. Height Weight Hair Color Eye Color Sex -- Race 9. Do You Have a current Drivefs License? If yes, give number, & state -'10' 175 Rl ack Brown M Hispanic G Yes D No CO 95 123 1358 Name of Present Employer -- 11. Type of Business ori[Dployment Estes Center Associates Park Place Mall 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 145 E. Elkhorn, EStes Park 80517 13. Present Position Janitor/Maintance 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Married Virginia S. Regalado 16. Spouse's Date of Birth Spouse's Place of Birth Oct / 20 / 48 Mexico 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation same as applicant 19. Address of Spouse's Present Employer 20. List the name(s) of all relativ&s working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER Virginia Regalado Wife OWNER Berenice Nelson Daughter Member Member. Tory J. Nelson Son-in-law +.fl 11 =1 Ey= E . Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail 2 Yes [3 No CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. 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? (Do not include traffic , violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of druos or alcoholic beverages.) If yes, explain in detail. El Yes [3 No ~ 23. Have you eyer received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. U Yes 08 No ~ 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 800 Mc.Gregor Av. EStes Park, CO 80517 5/99 5/00 1730 Olimpia·Ln. Estes Park, CO 80517 6/98 10/99 1040 Big Thompson Ave. Estes Park, CO 80517 5/96 5/98 26. List all 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 MacDonal Papeterie 150 E. Elkhorn Ave. EStes Park Janitor 5/00 Presenz Estes Park Brewery 470 Prospect & Village Dr EP 80517 Janitor 5/97 Presen= Twin Owl s Steak Hoiise 800 Mac Gregor Estes Park, CO 80517 Janitor 5/98 Pres 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) MEMBER 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned N/A 29. If partner, state whether D General El Limited Percent of Partnership Owned If Limited Liability Company (®rcent owned) N/A 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ N/A 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, I or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Names on accounts or person who can Amounts Sources - Account Numbers sign on this account 59/£53% 3 $ /5-691,66 BANG ]Lf€ t#EM~co 7 9 7 2-77 6 2- um-0/ViA s. 1 4.#chio g.€<A MOO % / 9 22 ./ 1 BAL]AMEA HEY#(07597974L;y;,·3015 v j lt-6/NiA i.i. Ac.Fol~30 IL,oALAr; 0 $ / 1. S 2-9 0 P £3 04 €k C i 1/ 4 ALFopret.vill<, /ut#· 3. R.€6•AL).70 $ 5-0 6 0- O 0 pepbal' FA-oM PEMEkl-00 4 5 2 /4 ALIC+50 1. um-611·AA 5- 8-€6Aillo ' Oath of Appl(cant 1.. 1 I I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, antl complete to the best , of my knowledge. Authorized sign737). , Title Date r:Ju-g- CEO April 30, 01 DR 8404-1 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALLquestions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business TAil 30, 01 Social Security Number(s) Chelito's Mexican Restaurant 521-85-9363 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) Regalado. Virginia S. 4. Mailing Address (if different from residence) Home Teleohone box 4402 970-577-8303 P0 5. Residence Address (street and number, city, state, ZIP) 1310 Manford Ave. Estes Park, CO 80517 6. Date of Birth Place of Birth 7. U.S. Citizen? Oct/ 20 /48 Mexico E Yes [® No If Naturalized, state where When Name of U.S. District C6urt Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number A - 077779862 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state r, 6'' 160 Brown Brown F Hispanic [1Yes [3 No 92-056-4545 Name of Present Employer - 11. Type of Business or Employment Fqtpg Cpnfpr Associates Park Place mall 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 145 E. Ellrhnrn Estes Park, CO 80517 13. Present Position Janitor / MAint-Anre 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Married Alfonso Regalado 16. Spouse's Date of Birth Spouse's Place of Birth May/ 14 / 47 Mexico 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation came as appJicant 19. Address of Spouse s Present Employer 20. List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER ~ Alfonso Regalado Husband Owner Berenice Nelson Daughter Member Member Tory J. Nelson Son-in-law Maaee* 1 1. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or Ibaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer 1 Licensee? If yes, answer in detail U Yes CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, defurred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic . violations, unless they resulted in suspension or revocation of your drivefs license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. El Yes G No 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. C] Yes ~ No 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 800 Mc.Gregor Av. Estes Park, CO 80517 5/99 5/00 1730 Olimpia Ln. Estes Park, CO 80517 6/98 10/99 1040 Bog Thomson Ave. Estes Park, C080517 5/96 5/98 26. List all 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 MacDonald's Papeterie 150 E. Elkhorn ave EP 80517 Janitor 8/00 -oresent Estes Park Brewery 470 Prospect & Village dr EP 80517 Janitor 5/97 oresent Twin Owls Steak House 800 Mac Gregor EP, CO 80517 Janitor 5/98 -ores 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) Member 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned N/A N/A 29. If partner, state whether £ General El Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital.-(Reg. 46-106.1 and Reg. 47-107.1) Amount $ 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Names on accounts or person who can Amounts Sourdek - Account Numbers sign on this account $./. 5 9 IL 53 17 /0,6.31.6£ BA#Je£72 /lence. 99717144 01 R.6¢1:14 3.11-22 GRUDO -44+014)0 1£44£.APE $ 4,9<9.,7 BAA)4/lt* MEVIce *45·,B:70433'393013- \}18.4'NiA 1 ,UciA.490-4#.Fook 2-ile,ALAA St, 2 y £ , 00 p E KE'* C € 1 k Acyc:•313 2.06*&-ADo -·016.61.11* S.ILE,4..Age %3 000.00 72»480 FACM P EMEX 2,04 6 CS61/6 ALE-0848 AC#AL).pa ..,m.GIWIR 1.AGGALA 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 my knowledge. Authorizgd Signature , , Title Date - 1 I '~ 9 4 3.10 4 9\ Q/n le y 9-3 D -D) - 7%04....Illillillillillilillilillilillll* MOU N'TAIN * , , Planning Department Town of Estes Park Attention Bob Joseph RE: Special Sunday Service; July 15, 2001 The following is a description of what is to take place on the weekend of Saturday the I 4th, and Sunday the 15th. On Saturday 12.Noon begin set-up of miscellaneous items, such as a 20 X24 platform, small pop- up tent trailer, other camping tent for people to change clothes or get out of sun. . Waste Management to deliver four (4) Port-A-Potties and 2 yard dumpster. Rent-all to deliver and set-up 20 X '20 tent over platform, 5 foot grill and miscellaneous drink dis- pensing coolers. Contractor to make accesses to parking with skidster. Volunteer staff to mark off pa fking lanes,· and area. On Sunday Finish set-up beginning at 7:00 am - Run sound check by 9:00 am. Commence with regular Sunday morning service beginning at 10:00·am lasting until - - approximately 12 Noon. Picnic to follow - Hamburgers, Dogs,.Pot-Luck. Should be completed by 3.00pm Expecting approximately 400 people - usually that equates to @ 160 vehjcles. Waste Mar)agement and Rent-all to pick-up their stuff first thing Monday the ] 6th. 0 N «\ A luto\2 - tz*RFis Moody Pastor of Music & Administration EVANGELICAL FREE CHURCH OF ESTES PARK 14 (lin FLAce to .3*t seriCKs i,Ath *04" - 54 1 G Big Thompson Ave · Box 1443 · Estes Park, CO 805 I 7 Phone 970-586-0873 · FAX 970-586-7180 rockyefc@uswest. net · www. rocky-efc.org . t»It MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph Date: 7-5-01 Subject: Temporary Use Permit - Rocky Mountain Church (July 14 & 15) .1. .1 ' 1/ 1 . e . I :. . Li %< O '1 1 \ O. .... , I I 0 I' SUM . I . . Z.M , r~\,1 ...J.Y.Ciati ' 1..... 7-1 14· 1 \00-0»532: -- --- - lk/ • /• 31/\ 0 \,d¤18 . C . ...7.5 LAKE . 1 \ 11- /5Ut 27»\ 1_1- . 1 - 11 \-IP'-1 34tv I ··U - -- A " yl.~f--f P / GREY I h -'1 '-7'r':~>4"» SITE ' ~~"~ " - *-uL.4 j FoX . 1 L----%/\- z <X\,124 9\,001.10„ ~Rer€ .,0.A -00/ ADDITION u \ R -4 - lf"\1 I f. _32(.FIER Ar \ " 1.--Il / 10 -1 \ Background: This is a request for temporary use permit for a two-day outdoor event to be located on Lot 1, Marys Lake Subdivision. This is a 7 acre vacant lot located north of the Marys Lake Lodge, zoned A-Accommodations. The event is to be held July 14 and 15, and will include live music, food, and Sunday church service. Estimated attendance is 400 people. Parking is to be managed with several attendants directing traffic. Temporary sanitation facilities are to be provided. Several small temporary shelters are also proposed (see statement of intent). The applicants have contacted neighboring property owners to inform them of this proposal. This temporary use may be approved by the Town Board pursuant to section 5.3, D. of the Estes Valley Development Code. Recommendation: Staff recommends approval of the temporary use to be held and managed as proposed on July 14 and 15,2001. 122~ 4,<1...&//'4*E5. . .. ill IS:7 6-9 2+63 O .1;2,263*1 F· · t. i 2.2.,IC.:2.•i,•90 #23.12¥9 142 ~11 irRYWWM"77 U3 00./ 1 14~ 1, 1*fi6% An# _ - ',~-<~ti3#V#U~'44>~ji: , 'i~i~ 214 --4#8]i 9142=:er'-s /inv 1 nim! x .W·G¥ -2't~--33·- ~-=222*ai _ : 74. ~ 4 -t'' '54·'.--·414 C.'.5/ 42 --,12.-1*h-©10-1,21£2=1'Lt~ji;.··t.~-4 *.49#*1* 5-19»9§141.71,c -4.,9.',4 -I ' ·,- u .: .5- ,-4---1-©f~[7 *:,ur-%+* €.**'7-,·- 24 *61*974*. r?111.4 1.r- cd, :~,~ - 'f>*!-1 ,1 '"-1-2-3=1 -21,- q?-t- 19 -A it[T·J-L~ ~~p/1~:,~~ .' ·'9?M. »13,-~' ..ill I,Jrt,11-21'JU*4 1·e- ": r)- ne ..=1 I , e . 6--3 . 4 . 4 n o Ch i 6922 ~ U id [C[ -J 1 03 1 L-- I j / h J "The rivers Jlow not past, but through us, thrilling, tingling, ,ff vibrating every fiber a'nd cell of the substanc'e of our bodies ... " 111 U Uuu John Muir ;2;00-- The Town of Estes Park Water Quality Report 2000 lilli ¢Qt@5*O 2000 Consumer Confidence Report Water Department Town of Estes Park The Environmental Protection Agency requires public water = systems, such as the Town of Estes Park, to annually provide their customers with a Consumer Confidence Report. This report will explain where our water comes from, what our water contains and additional relevant information from the preceding year. The Town of Estes Park Water Department is committed to the highest standards of service in providing our customers with water of superior quality. During 2000, as in previous years, Estes Park water met or surpassed all state and federal water quality standards. The Town of Estes Park is very fortunate to have an almost pristine supply of native water. Our water originates from snow I and rainfall in the protected watersheds of Rocky Mountain National Park. This "raw" surface water supply is uncontaminated by introduced toxins such as industrial waste, petroleum by- products or agricultural runoff. Our treatment process is largely an effort to eliminate the naturally occurring hazards contributed by ~ 1 Cover design by Tom Blaue . Mother Nature. Unfortunately, in this day and age "pure" water is not available to mass populations; in order to guarantee the safety of your drinking water it must be treated. The U.S. Congress, through the Safe Drinking Water Act, has established nationwide standards for water quality and treatment methods. O THE HOW & WHY OF WATER TREATMENT The Town of Estes Park currently operates two water treatment facilities. The Glacier Creek plant is situated on a tributary to the Big Thompson River and is located on the boundary of the National Park, just west of the YMCA of the Rockies campus. The Glacier Creek facility has a production capacity of three million gallons a day. There is also a one million gallon treated water storage tank located at this site. The second treatment plant, Marys Lake, processes raw water from Grand Lake via the Adams Tunnel. The Marys Lake facility has a rated production of two million gallons per day. This plant also has a million gallons of stored finished water. During periods of high demand, such as summer, both facilities are operated simultaneously and their relative waters are mixed in the distribution system. When high volumes of water are not needed, one of these facilities may be shut down for maintenance or upgrading and serve as a backup for the operating plant. Both the Glacier Creek and Marys Lake facilities employ what is known as "conventional" treatment. This is a multi-stage process that includes coagulation, flocculation, sedimentation, filtration, disinfection and stabilization. As water travels over the surface of the land or through the ground, it dissolves naturally occurring 1 minerals and can pick up substances resulting from animal and human presence. Many of the undesirable constituents in raw water are too small to be effectively removed by filtration alone. Coagulation is the addition of chemicals - usually aluminum sulfate plus a polymer that allows small particles and contaminants to be bound together. 2 Flocculation is the process of building these particles into larger, heavier clusters so they might be more readily settled out (sedimentation) or removed by filtration. Chemicals added for coagulation are removed during the sedimentation-filtration stages, with the contaminants, and should not be evident in the finished water. Once filtered, chlorine is added to the water as a disinfectant. Federal regulations require public water systems to maintain a chlorine residual in the system as a safeguard against pathogenic organisms. The addition of treatment chemicals consumes the water' s natural alkalinity and reduces its pH. Soda ash is added to rebuild the alkalinity and reduce the acidity of the finished water. To finish stabilizing the water a corrosion inhibitor is added to prevent metals destabilization in the distribution system. Throughout the treatment stages certified operators are monitoring the process and conducting water quality tests to guarantee the consistent safety of the water. Each year Water Department personnel perform more than 5,000 tests for water quality. A minimum of an additional 200 tests are done every year by independent certified laboratories. According to the EPA, drinking water - including bottled water - may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a heath risk. More information about contaminants and potential heath effects can be obtained by calling the EPA' s Safe Drinking Water Hotline at 1- 800-426-4791 or visiting www.epa. gov/safewater. O TYPES OF CONTAMINATION All consumers should be aware of the following types of potential contamination: Microbial: These include viruses, bacteria and other pathogens. Giardia and Cryptosoridium are included in this group. 3 Inorganics: Metals and salts are part of this group, either as natural elements or as industrial, mining, or agricultural runoff. Pesticides and Herbicides: These result from a variety of contamination sources, including agriculture, storm water and ~ residential. Organic Chemicals: These contaminants include synthetic and : volatile organics that are by-products of industrial processes and petroleum production. Radioactive: These occur naturally in the environment or may be a result of gas and oil production and mining activities. O VULNERABLE POPULATIONS Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised 1 persons such as persons with cancer undergoing chemotherapy, . 3 persons who have undergone organ transplants, people with ' 1 HIV/AIDS or other immune system disorders, some elderly and infants can be particularly at risk from infections. These people should seek advice about drinking water from heath care providers. EPA and Centers for Disease Control guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other , microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791). O CRYPTOSPORIDIUM & GIARDIA Every year the Water Department contracts an independent laboratory to perform a particulate analysis on the water at both ~ treatment facilities. These tests identify and quantify all particulate matter. Cryptosporidium and Giardia are specific search targets in this analysis. Neither one of these microscopic organisms has ever been found in the finished water, including tests performed in 2000. These parasites are common in local streams and lakes and come from animal waste, including humans and their pets. When 4 1 ingested, Cryptosoridium and Giardia can cause fever, nausea and. 11 diarrhea. These organisms are being effectively removed from the Estes Park water system by the combined treatment of coagulation, sedimentation, filtration and disinfection. O DEFINITION OF TERMS MCLG: Maximum contaminant level goal is the level of a contaminant in drinking water below which there is no known or expected heath risk. MCLGs allow for a margin of safety. MCL: Maximum contaminant level is the highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best .i available treatment technology. ~ AL: Action level is the concentration of a contaminant which, if exceeded, triggers treatment or other requirements 1 which a water system must follow. ~ TT: Treatment technique is a required process indented to -~L.U reduce the level of a contaminant in drinking water ! NTU: Nephelometric turbidity unit is a measure of particles in the water. PCUL: Picocuries per liter. Ppm: Parts of contaminant per million parts of water. Ppb: Parts of contaminant per billion parts of water. O TURBIDITY Turbidity is a measurement of the clarity (or cloudiness) of V 1 water. Water that is particle free has a turbidity of 0.00 NTU. Lake Estes, when not influenced by storms or other upset conditions, has a turbidity around 1.5 NTU. This measurement of clarity is - particularly important in water treatment because it is a good ; 1 indicator of how effectively the process is removing harmful organisms and other contaminants. Federal regulations require that * 4 5 water entering our distribution system, after treatment, has a turbidity of less than 0.50 NTU at least 95% of the time. The turbidity of our water is measured continuously, every minute of every day. During 2000 the Town of Estes Park was in compliance with the federal turbidity requirements 100% of the time. The highest turbidity for the year was 0.32 while the average turbidity of our water as it enters the system is 0.02 NTU. O LEAD & COPPER In accordance with EPA regulations, the Town has been regularly sampling for lead and copper contamination since 1992. The purpose of this specific testing is to maintain proper corrosion control within the distribution system. The primary source of lead 4 and copper in drinking water is a result of the leaching of these ~ metals from household plumbing. In 1990, after intensive study, the Town initiated the use of zinc orthophosphate as a corrosion inhibitor. Although still under study, this product appears to be effective. Not only have "red water" complaints been dramatically reduced, the Town has remained in compliance with the Lead and Copper Rule. Federal regulations require a 90th percentile action level test result for lead at less than 0.015 ppm. Our most current tests from 1999 indicate a 90 percentile concentration of 0.005 ppm. Only one site out of the 20 tested exceeded the lead action level. The copper action level is 1.3 ppm. The Town's copper test result was 0.05 ppm. No test sites were above the copper action level. As a result of our successful efforts at corrosion control, the Town is not required to do additional lead and copper sampling until the year 2002. O POINT OF USE FILTERS Even though Town water meets or exceeds rigorous state and federal health standards, some people may have additional concerns or needs regarding their water quality. If you buy a filter 6 1.1- T be sure the device is registered with the National Sanitation ' Foundation (NSF). The NSF evaluates and certifies point-of-use treatment devices. Keep in mind any Ope of jilter system that is not properly maintained creates an elevated risk to your health. Chlorine taste and odor can be reduced or eliminated by letting a loosely covered container of tap water sit in your refrigerator for several hours. Carbon block point-of-use filters are also effective chlorine reducers. Metals from home plumbing, such as lead, can be significantly reduced by running your cold water tap for several seconds before consumption. Never drink or cook with water from your hot water tap. Many chlorination by-products can be removed ~ with an activated carbon filter, if it is kept clean. Finally, do not be ~ persuaded to purchase a water-softening device; Estes Park town ~ water has vinually no hardness associated with it. O BOTTLED WATER ~ Some people may have specific health needs or simply have a taste preference for a different quality of water. Bottled water is not necessarily better water; it comes from many different sources and is available in a wide range of quality characteristics depending on the supplier. The Food and Drug Administration (FDA) sets quality standards for bottled water. Users should consult the supplier' s quality information to match the bottled water to their specific needs. O FLUORIDE TREATMENT The Town of Estes Park does not put supplemental fluoride in ~ the drinking water. Fluoride can be found, in various ~ concentrations, as a natural component of the environment. ~ Excessive amounts can stain dental enamel and may affect bone ~ structure. The EPA has established an MCL for fluoride at 4.0 ~· ppm. In 2000 Estes Park water had a natural fluoride concentration of 0.13 ppm. Municipalities that add fluoride for dental reasons 7 will usually maintain a residual of .7 to 1.2 ppm. If you are concerned about the health effects of low-level fluoride in the drinking water, please consult your family dentist. 6 0 COLIFORM BACTERIA During 2000 the Town Water Department collected 115 individual water samples for bacterial analysis from throughout the distribution system. Samples are collected on a regular monthly schedule from more than 24 different locations and submitted to an independent, certified laboratory for analysis. In turn, the laboratory directly notifies the Colorado State Health Department ~ of the test results. These samples are analyzed and reported as being present or absent of coliform bacteria. All samples submitted by the Town proved to be absent of coliform bacteria. Bacterial analysis is the single most significant test establishing the safety of your water. 0 ARSENIC Arsenic, which can occur naturally in drinking water, is one of the potential contaminants the Town of Estes Park samples for annually as part of the EPA-required inorganic analysis (those test results are included in this report). To date, local water has not contained detectable levels of arsenic; there is no reason to expect this condition to change. Regardless of the outcome of the arsenic debate in Washington, D.C., Estes Park drinking water will not be impacted. The following tables provide additional information on water quality and contaminants not previously addressed in the above text: F 8 Contaminant Test Date Unit MCL MCLG Detected Level Range Major Sources Violation Inorganics Nitrite/Nitrate 2000 ppm 10 10 0.08 Runofffrom NO fertilizer use, leaching from septic tanks, sewage, Erosion of natural deposits Sulfate 2000 Ppm N/A N/A 7 2-7 Erosion of natural NO deposits Sodium 2000 Ppm 5.7 Erosion of natural No deposits The following inorganics were tested ror but not detected: Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Cyanide, Mercuiy, Selenium, Thallium, Nickel Radioactive Beta/photon 1998 pCUL 50 0 1 Decay of natural No and man-made deposits Volatile Organics Bromodichloro- 8/21/2000 ppb N/A N/A 15 05-1.6 By-product on NO Metane Winking water chlorination Chloroform 8/21/2000 ppb N/A N/A 23 6.2-90 By-product on No dnnking water chlorination The following Volatile and Synthetic Organic Contaminanti were tested for and not detected: 1,1,1 Trichloroethane, 1,1,2-Trichloroethane, 1,1-Dichloroethane, 1,2-Dichlomethane, 1,2-Dichloropropane, 1,2,4- Trichlorobenzene, Benzene, Carbon Tetrachloride,cis-1,2-Dichloroethene, Methylene Chloride, Ethylben=ne, Chlorobenzene, 1,2-Dichlorobenzene, 1,4-Dichlorobenzene, Styrene. Tetrachloroethene, Toluene, trans-1,2- Dichloroethane, Trichloroethene, Vinyl chloride, Xylenes (Total), 2,4-D,2,4,5TP (Silvex), Alachor, Atrazine, Benzo (a) pyrene, Carbofuran, Chlodane, Dalapons Dibromochloropropane, Dinosep, Diquat, Di (24(hylhexyl) adipate, Di (2-ethylhexyl) phalate, Endrin, Ethylene dibromide, Heptachlor, Heptachlor epoxide, Hexachlorobenzene, Hexachlorocyclopentadiene, Lindane, Methoxychlor, Oxamyl, Pentachlorophenal Picloram, Polychlorinated biphenyls, Simazine and Toxaphene A SUMMARY PORTRAIT OF YOUR ESTES PARK DRINKING WATER Public water systems in the United States have been subject to intense scrutiny in recent years. No consumer product is more regulated or as closely guarded as your drinking water. The character of your Estes Park water has been significantly affected by federal legislation. Many aspects of Town water, such as chlorination and the use of corrosion chemicals, reflect these regulations. Considering the high quality of Estes Park's native water it may appear the water is over-treated. Be assured, your drinking water has never been as safe or higher in quality. 9 Estes Park water retains a special character and unique quality all its own. Town customers enjoy extremely clean water; our average turbidities are some of the lowest in the country. Town water is soft; very soft. Total hardness, measured as calcium carbonate, ranges between 10 and 20 ppm and the alkalinity is low. Local river water can have an alkalinity as low as 2 ppm during run-off. The Grand Lake supply is higher, averaging near 25 ppm. This is "aggressive" water. Even after the pH and alkalinity are adjusted, our water likes to react with everything it comes into contact with. That is why our corrosion control efforts are so essential. After adjustment, water in the distribution system will usually carry a pH between 7.2 and 7.6. Perfectly neutral water has a pH of 7.0; we elevate it slightly for corrosion and taste considerations. Corrosion control affects your water quality in another way by adding to the levels of zinc and phosphate in the finished water. Zinc concentrations are typically at .4 ppm while phosphate levels stay just under 1.0 ppm. Metals, especially iron, used to be a significant problem in the distribution system. Now, unless you live on an old dead-end main, you can expect the iron concentrations to be below 0.05 ppm. Chlorine levels can vary significantly within the system. The closer you live to a treatment facility, the higher your chlorine residual will be. As water moves through the distribution system, chlorine concentrations dissipate. In order to maintain a viable residual at the furthest reaches of the system it is necessary to have a 1.0 ppm concentration at the treatment plant. FOR MORE INFORMATION: The Town of Estes Park encourages public interest and participation in matters concerning our community's water spent. Regular Public Works Committee meetings are held the ~ Thursday of every month. The public is always welcome. Specific questions or information relating to water quality can be directed to the Town Water Shop at 577 Elm Road, 970/577-3607. You can also visit the Town of Estes Park's web site at www.estesnet.com. 10 i Iii tutt '1*-2.t' %42~049 F'?\ 1 01) ,9, 42#t --h.=AM~L.• 29 4 42'~' BULK RATE TOWN OF ESTES PARK U.S. POSTAGE ESTEES~IRK, CO 8()517 RO. BOX 1200 ESTES PARK, COLORADO 80517