HomeMy WebLinkAboutPACKET Town Board 2020-07-14(Instructions continued on page 2, Agenda begins on page 2)
BOARD OF TRUSTEES – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, July 14, 2020
7:00 p.m.
Board Room – 170 MacGregor Avenue
Estes Park, CO 80517
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial
virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator
Machalek on May 8, 2020 and outlined below.
ADVANCED PUBLIC COMMENT
Options for the Public to Provide Public Input:
1.By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Tuesday, July 14, 2020. All comments will be provided to the Board for consideration during the agenda
item and added to the final packet.
2. By Telephone Message: Members of the public may provide public comment or comment on a
specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday,
July 14, 2020. All calls will be transcribed and provided to the Board for consideration during the agenda
item and added to the final packet.
PUBLIC PARTICIPATION DURING BOARD MEETING
Options for participation in the meeting will be available by call-in telephone option or online via Zoom
Webinar which will be moderated by the Town Clerk’s Office.
CALL-IN (TELEPHONE OPTION):
Dial public participation phone number, 1-346-248-7799
Enter the Meeting ID for the July 14, 2020 meeting: 982 1690 2040 followed by the pound sign
(#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call
into the meeting prior to 7:00 p.m., if possible. You can also find this information for participating
by phone on the website at www.estes.org/boardsandmeetings by clicking on “Virtual Town
Board Meeting Participation”.
Request to Speak:For public comment, the Mayor will ask attendees to indicate if they would
like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating
the Zoom session to ensure all participants have an opportunity to address the Board.
Once you are announced by phone:
x State your name and address for the record.
x DO NOT watch/stream the meeting at the same time due to streaming delay and
possible audio interference.
The Mission of the Town of Estes Park is to provide high--quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
Prepared 07-02-2020
*Revised 07-09-2020
** Revised 07-13-2020
Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address the Board via virtual public participation can do so through
Zoom Webinar at https//zoom.us/j//98216902040 – Zoom Webinar ID: 982-1690-2040. The
Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings
by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom
session should also watch the meeting through that site, and not via the website, due to the
streaming delay and possible audio interference.
Start Time:The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the
meeting. Participants wanting to ensure their equipment setup is working should join prior to
the start of the meeting at 7:00 p.m.
Request to Speak:For public comments, the Mayor will ask attendees to click the “Raise
Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom
session to ensure all participants have an opportunity to address the Board.
x You will experience a short delay prior to re-connecting with the ability to speak.
x State your name and address for the record.
In order to participate, you must:
x Have an internet-enabled smartphone, laptop or computer.
o Using earphones with a microphone will greatly improve your audio experience.
x Join the Zoom Webinar.
o The link can be found above.
x Click “Participate Virtually in the Regular Town Board Meeting of the Board of Trustees”.
x DO NOT watch/stream the meeting via the website at the same time due to delays and
possible feedback issues.
WATCH THE MEETING:
The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48
hours of the meeting at the same location.
Documents to Share:If individuals wish to present a document or presentation to the Board,
material must be emailed by Monday, July 13, 2020 by 8:00 a.m. to the Town Clerk’s office at
townclerk@estes.org.
Quasi-Judicial Proceedings
(Quasi-Judicial items will be marked as such)
Written Testimony
Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by
completing the Public Comment form at
https://dms.estes.org/forms/TownBoardPublicComment.
Members of the public may provide public comment or comment on a specific agenda item by
calling (970) 577-4777. All calls must be received by 8:00 a.m., Monday, July 13, 2020.
All comments received will be provided to the Board and included in the final packet material.
Oral Testimony
To ensure your ability to provide comments during the meeting, you must register by emailing
townclerk@estes.org or calling (970) 577-4777 by Monday, July 13, 2020 at 5:00 p.m.
During the meeting, any individual who did not register to speak on a quasi-judicial item may
join public participation by following either the Call-In or Online option previously mentioned.
Individuals who do not register prior to the meeting risk being unable to testify due to
administrative/technical difficulty during the meeting.
Written presentation materials or exhibits must be delivered to townclerk@estes.org by 8:00
a.m. Monday, July 13, 2020 in order to be presented during the meeting. No other written
presentations or exhibits will be accepted during oral testimony by any member of the public.
Packet Material
The packet material can be accessed through the following link: Town Board Packet or under
the Town Board section at www.estes.org/boardsandmeetings or you may request a paper
packet by emailing townclerk@estes.org or calling (970) 577-4777.
Page 2
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
AGENDA
BOARD OF TRUSTEES – TOWN OF ESTES PARK
Tuesday, July 14, 2020
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION – RECOGNITION OF WAYNE NEWSOM.
RESOLUTION OF RESPECT – TRUSTEE KEN ZORNES.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated June 23, 2020 and Town Board Study Session Minutes
dated June 23, 2020.
3. Letter of Support for the Colorado Department of Transportation Grant Application
(Revitalizing Main Streets).
4. Resolution 42-20, Approving the Application for Grant Funding to the Colorado
Department of Local Affairs for Energy and Mineral Impact Assistance Funds to Develop
the Land Use Comprehensive Plan.
5.Revised Policy 105 – Agendas.
6. Resolution 43-20 Setting the Public Hearing date of July 28, 2020 for a New Hotel &
Restaurant Liquor License filed by Black Canyon Catering, Inc., dba The Boulders, 800
MacGregor Avenue Suite 243, Estes Park, CO 80517.
7. Resolution 46-20 Amendment One to the Alianza Inc. Agreement to Provide Cloud-
Based Telephone Services.
REPORTS AND DISCUSSION ITEMS:(Outside Entities).
1. ESTES VALLEY INVESTMENT IN CHILDHOOD SUCCESS - INTRODUCTION OF
NEW EXECUTIVE DIRECTOR.Executive Director Almond.
LIQUOR ITEMS:
1. TRANSFER OF A HOTEL & RESTAURANT LIQUOR LICENSE FROM ROCKY
MOUNTAIN HOTEL PROPERTIES I, LLC DBA ESTES PARK RESORT & HOTEL TO
MONA LISA LLC DBA THE DUNRAVEN INN, 1700 BIG THOMPSON AVENUE,
ESTES PARK, CO 80517.(Quasi-Judicial) Town Clerk Williamson.
2. NEW BEER & WINE LIQUOR LICENSE FOR MOUNTAIN HOME CAFE, INC., DBA
MOUNTAIN HOME CAFE, 457 E. WONDERVIEW AVENUE C1, ESTES PARK, CO
80517.(Quasi-Judicial) Town Clerk Williamson.
Prepared 07-02-2020
*Revised 07-09-2020
**
Page 3
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
3. NEW BEER & WINE LIQUOR LICENSE FOR DISCOVERY LODGE, INC., DBA
DISCOVERY LODGE, 800 BIG THOMPSON AVENUE, ESTES PARK, CO 80517.
(Quasi-Judicial) Town Clerk Williamson.
4. NEW BEER & WINE LIQUOR LICENSE FOR COYOTE MOUNTAIN LODGE LLC,
DBA COYOTE MOUNTAIN LODGE, 1340 BIG THOMPSON AVENUE, ESTES PARK,
CO 80517.(Quasi-Judicial) Town Clerk Williamson.
ACTION ITEMS:
1. RESOLUTION 44-20 TO APPROVE INTERGOVERNMENTAL AGREEMENT AND
BILL OF SALE TO TRANSFER THE DANNELS FIRE STATION TO THE ESTES
VALLEY FIRE PROTECTION DISTRICT.Town Attorney Kramer.
Transfer the Fire Station to the Fire District for $10. Enter an intergovernmental
agreement for access and maintenance to Town communication facilities located within
the building.
2. AMENDMENT ONE TO THE SAFEBUILT CONTRACT FOR BUILDING PERMIT
TECHNICIAN AND FEE OFFSET FOR TOWN-OWNED BUILDING PROJECTS.
Director Hunt.
Approve amendment for SAFEBuilt to staff the Building division Permit Technician
position in exchange for 100% fee retention; and subvent 50% reduction in SAFEBuilt
retention of fees for Town-owned projects.
3. 455 W Elkhorn Ave, Estes ParkFEE WAIVER REQUEST, 1551 SOUTH SAINT
VRAIN AVENUE, PEAK VIEW APARTMENTS, BUILDING DIVISION FEES, ESTES
PARK HOUSING AUTHORITY (EPHA).Director Hunt.
EPHA is requesting waiver of a percentage of building permit fees for this 26-unit
workforce housing project; waiver is estimated at approximately $18,975.
4. POLICY 1101 – DELEGATION OF CONTRACT SIGNATURE AUTHORITY.Town
Attorney Kramer.
Reserves and delegates authority for various types of contracts.
5. RESOLUTION 45-20 DECLARING A VACANCY ON THE ESTES PARK BOARD OF
TRUSTEES AND APPROVE THE PROCESS TO FILL THE VACANCY.Town Clerk
Williamson.
To formally acknowledge the resignation of Trustee Ken Zornes and approve a process
to fill the vacancy.
REPORTS AND DISCUSSION ITEMS:
1. OPEN CONTAINERS WITHIN THE TOWN.Town Administrator Machalek.
Discuss the option of allowing open containers/consumption of alcohol in public areas
within the Town and review survey results from liquor licensees.
ADJOURN
*
Page 4
Town of Estes Park, Larimer County, Colorado, June 23, 2020
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in
said Town of Estes Park on the 23rd day of June, 2020.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Cindy Younglund
Ken Zornes
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PROCLAMATION – Mayor Pro Tem Martchink presented a proclamation recognizing
Gary and Kris Hazelton.
YEARS OF SERVICE RECOGNITION – Mayor Koenig recognized Town employees with
the following years of service: Estelle Purvis – 30 Years, Eric Rose – 25 Years, Matt
Osentowski – 10 Years, Jon Landkamer, Denise Lord, Travis Machalek, Linda Swoboda
and Michael Williams - 5 Years.
AGENDA APPROVAL.
It was moved and seconded (Zornes/Cenac) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Younglund attended the recent Police Auxiliary meeting and informed the
community the group continues to be active during the pandemic with 24 trash violations
issued and cleanup efforts at the Stanley Park. The next cleanup would be held on June
27 with location to be announced.
Trustee Zornes stated the Larimer County Behavioral Health has $2.3 million in grant
funds to award, with a June 21, 2020 deadline for applications.
Mayor Pro Tem Martchink attended the last Economic Development Corporation meeting.
Trustee MacAlpine stated she attend the recent Estes Park Planning Commission
meeting and continues to be impressed with the Commissioners. She also attended the
recent virtual town hall meeting moderated by Vanessa Solesbee and Jason Damweber.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek informed the Board staff has been working with the Estes
Park Housing Authority to develop an assistance package for their latest development on
Highway 7. Staff would bring the item forward to the July 14, 2020 meeting.
Consent Agenda Item 13 was a last-minute item added to the agenda to address the
distribution of the CARES funds. DOLA requires all municipalities in a county develop DRAFTPage 5
Board of Trustees – June 23, 2020 – Page 2
and approve an agreement prior to the next meeting. The Town may receive up to
$340,000 in funding for COVID-19 expenditures.
Director Muhonen provided the Board an update on the Stay Healthy Streets Program.
Staff from multiple departments meet to discuss the program further and operational
concerns related to manual traffic and the staffing needed to make the program
successful were raised. Staff posed the question as to why run the test if the program
could not be operated throughout the season. A low risk option would entail making the
sidewalks one-way which would be low-cost and an easily implementable option. Staff
would also recommend a less expensive area from Riverside Drive to Spruce Drive as an
alternative for closing down a lane downtown. CDOT has announced a grant program,
Revitalize Main Street, in which the Town could complete an application with the Mayor’s
support and a 10% match to fund one of the options. The funding could also be used for
improved signage downtown and additional trailers for signage to be used during the
summer and fall, 120 days. Staff has noticed since the idea was conceived in April,
visitors are not concerned with walking downtown, social distancing or wearing masks in
the downtown corridor.
Staff requested direction from the Board on how to move forward with the program. Board
comments have been summarized: downtown business owners do not want the Town to
conduct the test; questioned the term of the CDOT program; the idea of the program
would be good but not in practice; one-way sidewalks would be another good idea but
cannot even be followed in Safeway; with only one new reported case of COVID-19, it
would not make sense to move forward with the test; the program may not be functional
at this time; concerned with the number of people downtown, no social distancing and
low mask compliance; option 1 should be tried in August when the traffic is not as busy;
and the program would be an opportunity to put something in place to encourage social
distancing and would support a test in August.
Based on feedback from the Board, Director Muhonen would prepare a grant application
for other uses of the CDOT grant funds and bring the item forward to the July 14, 2020
for the Board’s consideration.
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated June 9, 2020 and Town Board Study Session Minutes
dated June 9, 2020.
3. Estes Park Planning Commission Minutes dated May 19, 2020 (acknowledgment
only).
4. Revised Policy 306 Leave.
5. Resolution 33-20 Intergovernmental Agreement for Fiscal Year 2020 Certifications
and Assurances as Required by the Federal Transit Administration for Funding
Recipients with CDOT.
6. Resolution 34-20 Grant Agreement for the Big Thompson River Recreational and
Picnic Area with Great Outdoors Colorado (GOCO).
7. Contract for 2020 Overlay & Patching Program with Coulson Excavating Co., Inc.,
$740,449.50, Budgeted.
8. Resolution 35-20 Financing Agreement for Glacier Water Treatment Plant
Sedimentation Basin Construction with USDA, $2,369,000 Grant and $7,675,000
40-Year Loan at 1.375% Interest.
9. Contract for 2020 Shuttle Services with Rapt Dev USA, dba Rocky Mountain
Transit Management Inc., $344,718.46, Budgeted.DRAFTPage 6
Board of Trustees – June 23, 2020 – Page 3
10. Resolution 36-20 Setting the Public Hearing date of July 14, 2020 for a New Beer
& Wine Liquor License filed by Mountain Home Café, Inc. dba Mountain Home
Café, 457 East Wonderview Avenue #C1, Estes Park, CO 80517.
11. Resolution 37-20 Setting the Public Hearing date of July 14, 2020 for a New Beer
& Wine Liquor License filed by Discovery Lodge, Inc. dba Discovery Lodge, 800
Big Thompson Avenue, Estes Park, CO 80517.
12. Resolution 38-20 Setting the Public Hearing date of July 14, 2020 for a New Beer
& Wine Liquor License filed by Coyote Mountain Lodge, LLC dba Coyote Mountain
Lodge, 1340 Big Thompson Avenue, Estes Park, CO 80517.
13. Resolution 41-20 IGA (Memorandum of Understanding) Related to the Distribution
of Coronavirus Aid, Relief, and Economic Security (CARES) Act Funds.
It was moved and seconded (Cenac/Martchink) to approve the Consent Agenda,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES PARK HEALTH. Vern Carda/CEO Estes Park Health provided a 90-day
update and stated the hospital has been updating policy to provide a safe
environment for clients. He stated COVID-19 does exist in the community but
fortunately it has not caused a significant challenge for the hospital at this point.
Following all CDC guidelines related to social distancing, face coverings and
proper handwashing continues to be the best way to limit COVID-19 cases. The
hospital has a number of policies and procedures in place to keep clients safe
when visiting their physicians such as temperature taken at one of the two main
entrances, the completion of a questionnaire, all staff required to wear masks,
continual cleaning of all surfaces, new equipment for air circulation, and all patients
assumed positive and tested prior to surgeries. The hospital would continue to
monitor the situation in neighboring states and locally and implement all necessary
changes. He encourages all to begin thinking about a flu vaccination for the fall.
3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff
for Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE 10-20 REZONING, ROCKY MOUNTAIN HEALTH CLUB, 1230
BIG THOMPSON AVENUE, ADESTES, LLC/OWNER. (Quasi-Judicial) Mayor
Koenig opened the public hearing. Planner Bergeron stated the applicant has
requested rezoning from A – Accommodations to CO - Commercial Outlying.
The primary use of the building has been as a gym from 1996 to 2019. With
the opening of the Community Center by the Estes Valley Recreation and Park
District in 2018, the gym was no longer a viable business, therefore, the
property owner has converted the building to office space, which is not a
permitted use in the A – Accomodation zoning district. The CO – Commercial
zoning would allow the property to expand the existing uses of the site,
including office use. The Estes Park Planning Commission recommended
approval of the application at their May 19, 2020 meeting. Mayor Koenig closed
the public hearing. It was moved and seconded (Martchink/Zornes) to
approve Ordinance 10-20 to rezone 1230 Big Thompson Avenue from A –
Accommodations to CO – Commercial Outlying, in accordance with the
findings as presented, and it passed unanimously.
B. ORDINANCE 05-20 ELKHORN LODGE PRELIMINARY PLANNED UNIT
DEVELOPMENT (PUD), 600 ELKHORN AVENUE, ZAHOUREK
CONSERVANCY, LLC, OWNER, EAST AVENUE DEVELOPMENT, LLC, A
TEXAS LLC, C/O JUSTIN MABEY, APPLICANT. (Quasi-Judicial) Mayor
Koenig opened the public hearing. Planner Woeber presented the applicant’s
request to approve a Preliminary PUD, on a site 18.6± acres in size, currentlyDRAFT
Page 7
Board of Trustees – June 23, 2020 – Page 4
zoned CO – Commercial Outlying. The PUD proposes various
Accommodations, Commercial, and Residential uses on 13 lots, including an
event center barn, expansion of the Elkhorn Lodge, three restaurants,
horseback riding facilities, additional hotel suites and relocation of cabins, and
wedding facility. The process requires a preliminary and final PUD approval,
and a preliminary and final subdivision plat approval. The property has been
owned and operated as the historic Elkhorn Lodge previously. Planner Woeber
outlined the code requirements for PUDs and the review criteria which has
been summarized: landscaping reviewed and includes additional trees and
shrubs along with existing natural buffers; public trails/sidewalks would include
a 10-foot wide, multi-modal path from the south side of Elkhorn Avenue to the
new Spruce Street pedestrain crossing; utilities currently serve the property,
however, improvements, relocation, and upgrades to the wastewater
infrastructure would be needed; the Estes Valley Fire Protection District
provided comments related to sprinklers, alarms, access road requirements,
restaurant hoods and extinguishing systems; PUD requires 30% open space
with the project proposing 41%; stormwater would need to be addressed with
adequate drainage facilities and services to support the proposed
development; the property includes significant floodplain with the Fall River
located adjacent to the property and includes a floodwall; the project includes
the required off-street parking for the proposed uses; access would be
reconstructed off of Elkhorn Avenue and be aligned with Filbey Court; and the
project would be consistent with the Estes Valley Comprehensive Plan and the
Estes Park Downtown Plan. The PUD plan requested the following waivers to
the standards: Appendix D, highway frontage sidewalk, Section 4.4D.2 main
entrance of structure to face front lot line, Table 4.7 loading space required,
Table 4.5 maximum building height, Appendix D internal access road to be up
to street standards, Appendix D internal access road to meet slope/grade
standards, Section 7.6.D.2 wetland distrubance (wetlands area 0.06 acre in
size) and Appendix B architectural elevations for all structures. Staff finds there
would be no significant issues or negative impacts with the development in the
waivers requested. The Estes Valley Planning Commission recommended
unanimously the Preliminary PUD and Preliminary Plat at a special meeting on
February 25, 2020 with conditions of approval. Staff would recommend the
approval of the PUD with Planning Commission recommendations one through
three as outlined in the staff report and forgo the fourth recommendation to
require an employee housing plan for permanent and seasonal employees.
Justin Mabey/East Avenue Development representative provided a review of
the project stating the goal would be to develop a long term relationship with
the community by developing a project that enhances the community. The
company focuses on the development around National Parks such as Moab,
Zion, and the San Antonio River Walk. The focus would be to capitalize on the
historical significance, the ability to revitalize an area that used to be a key part
of Estes Park, an opportunity to bring high-end hotel brand into town, facilitate
incredible new restaurants and make a long term impact. The project would
create a unique experience with a focus on hospitality, restaurants and some
retail. The buildout of the project has been estimated at 12 to 24 months for
the entire project.
Public comment was heard from Ben and Laura Drotar/Elkhorn Plaza
Condominium owners, Bob and Judy Ayres/Elkhorn Plaza Condominium
owners and Bill Kiefer/ Elkhorn Plaza Condominium owner. The proximity of
the Riverside Restaurant concerns the condominium owners due to the location
of the service door and trash recepticals located within 20 feet from the edge
of some units and blocking the view corridor of the condominium owners.
Concerns raised on the density of the project. Those speaking stated a hotel
brand has not been identifed to date to ensure the hotel would be run as an
upscale property. The development has no wildlife plan for the project. All
efforts should be made to maintain the historical nature of the property,
especially the exteriors of the buildings. Requested the project be required to
underground the power utility to the west. DRAFTPage 8
Board of Trustees – June 23, 2020 – Page 5
Mr. Mabey/applicant stated the public comments are valid, and commented the
dumpster would be moved to the west or north side of the restaurant. The door
of the restaurant would be 50 feet from the closest condominium. A review of
the location of the restaurant has been completed but there was little area to
move it within the project. Additional landscaping would be added along the
river. He stated an application has not been submitted for a hotel brand until
the the development has recevied PUD approval. He guaranteed it would be
a Hilton or a Marriott branded property. A wildlife plan was completed and did
not demostrate a significant impact. The property would have down lighting to
meet the minimum lighting requirements of the code.
Trustee comments and questions have been summarized: questioned if the
utilities could be placed underground; what were the considerations for the
location of the Riverside Restaurant; and questioned the impact of zero rise
and concerns regarding the floodplain in the area and how it would be
addressed.
Mr. Mabey/applicant commented the Town’s Power and Communication
division stated concern with the logistics of placing the power line under the
river and added environmental impact. The developer had several
restauranteurs review the location of the upcale Riverside Restaurant and all
placed the restaurant in the current location. Melissa Strong/Bird and Jim
Restaurant concurred the location would provide an upscale experience. The
floodplain would be defined and a zero rise would ensure no impacts are
created to the properties neighboring the development or downstream.
Mayor Koenig closed the public hearing. It was moved and seconded
(Cenac/Zornes) to approve Ordinance 05-20 for the Elkhorn Lodge
Preliminary PUD according to the findings of fact with findings and
conditions of approval recommended by staff, and it passed unanimously.
It was moved and seconded (Martchink/MacAlpine) to extend the meeting
past 10:00 p.m., and it passed unanimously.
C. RESOLUTION 18-20 ELKHORN LODGE PRELIMINARY PLAT, 600
ELKHORN AVENUE, ZAHOUREK CONSERVANCY, LLC, OWNER, EAST
AVENUE DEVELOPMENT, LLC, A TEXAS LLC, C/O JUSTIN MABEY,
APPLICANT. (Quasi-Judicial) Mayor Koenig opened the public hearing.
Planner Woeber restated the Elkhorn Lodge Subdivision would create 13 lots,
ranging from 0.276 to 3.291 acres in size. The Estes Valley Planning
Commission recommended approval of the preliminary subdivision at their
Febraury 25, 2020 meeting. Melissa Strong/Bird and Jim Restaurant stated
the applicant has taken care to preserve the land and its historic nature. Mayor
Koenig closed the public hearing. It was moved and seconded
(Cenac/Martchink) to approve Resolution 18-20 for the Elkhorn Lodge
Preliminary Plat according to findings of fact with findings as
recommended by staff, and it passed unanimously.
Mayor Koenig called a 15 minute break at 10:00 p.m. and resumed the meeting at
10:15 p.m.
4. ACTION ITEMS:
1. RESOLUTION 39-20 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director
Hudson reviewed the resolution to reinstate funding in Fleet for the vacant fleet
mechanic position. This position was reduced in April during the budget reduction
process due to COVID-19 and was anticipated to be filled in September 2020. A
qualified candidate has been identified and would start in July with the
appropriation of funds. The position has been difficult to fill and remains a high
priority to ensure proper maintenance of the Town’s fleet. It was moved andDRAFT
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Board of Trustees – June 23, 2020 – Page 6
seconded (Bangs/MacAlpine) to approve Resolution 39-20 Supplemental
Budget Appropriations to the 2020 Budget, and it passed unanimously.
2. RESOLUTION 40-20 APPEAL OF STAFF DENIAL OF A CERTIFICATE OF
OCCUPANCY FOR THE ALARADO DEVELOPMENT. (Quasi-Judicial) Trustee
Cenac recused herself. Mayor Koenig opened the public hearing. Director Hunt
provided a review of the Alarado Business Park development stating the site and
structure are mostly complete with the building core and shell permitted, inspected
and received a Certificate of Occupancy (CO), interior finishes for the Urgent Care
and the apartments have received a CO, and the Jimmy John’s has requested but
has not received a CO. The Estes Valley Planning Commission, the reviewing
body for Development Plans, provided approval in October 2018, and a
subsequent amendment to the conditions regarding the traffic signal at US 34 and
Steamer Drive was approved in August 2019 as it related to the completion of the
Jimmy John’s. The original condition of approval was to add an additional lane to
Hwy 34 to address the increased traffic impact. In August, an additional traffic
impact analysis was provided and demonstrated a traffic signal was warranted and
was approved as an option to mitigate traffic, which was preferred by the applicant.
The applicant agreed to a series of building-permit stipulations setting several
milestones in project completion, linked to various stages in road improvements,
other requirements, and the CO for Jimmy John’s would not be issued until the
road improvements were installed, inspected and accepted by the Town and
CDOT. A Temporary Certificate of Occupancy (TCO) for the Jimmy John’s was
provided for in the stipulations so long as the US 34 work was substantially near
completion and a clear completion date had been identified. The signal design
has yet to be completed. Staff has denied the Alarado request for a CO based on
the stipulations in the building-permit agreements. No TCO has been formally
requested to date, only verbal and written discussion between the applicant and
Town staff have indicated the applicant’s wish to pursue one if possible.
Stewart Olive/applicant representative stated the applicant has requested a TCO
for the Jimmy John’s and have been denied. He reviewed the timeline for the
project, including the change to the traffic impact study in August 2019 from an
additional lane to a traffic signal to address the warrants outlined in the study with
a $600,000 letter of credit provided for the signal. An additional design for the
traffic signal was submitted for review in December 2019, and a design resubmittal
to CDOT with changes on June 3, 2020. The Jimmy John’s has passed inspection
by Larimer County Board of Health in May, however, a final inspection cannot be
completed without the issuance of a CO. The building has been completed and
the traffic signal continues to be the only item to be completed. A traffic study
update by Delich Associates demonstrates a 24% decline from August 2019 and
at current rates a traffic signal would not be recommended. Traffic volumes would
increase in the future and the need for the signal would be needed and would be
installed. Once approval of the design has been received the applicant estimates
a four-month fabrication timeline and installation thereafter. The applicant
requests the issuance of a TCO for the Jimmy John’s with a CO issued with the
completion of the traffic signal.
Discussion was heard on the addendum to the traffic study and has been
summarized: Director Hunt stated the study only addressed the traffic volume and
not the wait time or the level of service. The information provided was not a
compelling argument for issuance of the TCO. Director Muhonen stated Public
Works continues to have concerns regarding public safety and the need to uphold
the Town’s word to the constituents. The traffic threshold prior to the project had
reached the high end of the acceptable level. With the addition of the project the
level of service became negative. Mr. Delich/Delich Associates provided a review
of the amendment to the traffic impact study which indicated the stop sign control
would not be adequate with the new project. He contended a 24% reduction in
recent traffic counts would meet the requirements of a stop sign control for
operation of the business at this time.DRAFTPage 10
Board of Trustees – June 23, 2020 – Page 7
It was moved and seconded (Martchink/Younglund) to approve Resolution 40-
20A, upholding the decision of the building official which denied the
certificate of occupancy for the Jimmy Johns Gourmet Sandwiches store
within the Alarado Business Park development, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 11:30 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk DRAFTPage 11
Town of Estes Park, Larimer County, Colorado June 23, 2020
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room and Virtually in said Town of Estes Park on the 23rd day of
June, 2020.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Younglund, and Zornes
Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Younglund, and Zornes
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer and Recording Secretary
Disney
Absent: None
Mayor Koenig called the meeting to order at 4:30 p.m.
BROADBAND QUARTERLY UPDATE.
Director Bergsten, Manager Swoboda and Superintendent Lockhart presented an
update on Broadband. They highlighted sales progress, construction, network
operations, remodeling of the Broadband office, marketing, branding, and customer
engagement and experience. The Board discussed road replacement in regards to fiber
trenching and reasons for cancellation of service.
OPEN CONTAINERS.
Town Administrator Machalek, Town Attorney Kramer, and Town Clerk Williamson
presented an overview of open container law in Town and other Colorado
municipalities, legal abilities to allow open containers, and provided options for open
containers. The Board discussed the effect of open containers on local businesses,
staff’s ability to enforce open containers from liquor licensed establishments, current
increases in open containers as a result of takeout alcoholic beverages, allowance or
prohibition on personal liquor as an open container, public intoxication, branded
drinkware, and whether open containers would be a needed service. The Board
directed staff to investigate businesses’ opinions, the Police Department’s assessment
for a future Town Board meeting.
POLICY 105 AGENDAS.
Town Administrator Machalek provided an overview of a revision to Policy 105
Agendas. The revision would provide clarification on the ability for issues raised during
public comment to be added to the agenda by Board consensus or vote. The Board
sought clarification on when agenda items could be added and the ability to vote during
study session; and discussed if the revision was necessary as an additional allowance.
The Board reached consensus to have a revised Policy 105 brought to the regular
meeting on July 14, 2020 to remove section 2.b.v.(6). from the policy.
WEBPAGE FOR BOARD MEDIA RESPONSES.
Mayor Koenig presented the discussion of a webpage for Board media responses. The
intent of the webpage would be to provide media responses the Board has provided to
different media outlets in a word-for-word format. Staff stated the webpage would place
a reliance on the Town Board to provide necessary documents to staff, would require
consistency with public emails, and verbal media responses would not be able to be
included. The Board discussed the appearance of the webpage, media deadlines, the
need for the webpage, staff’s abilities to create an effective webpage and personnel
costs, filtering emails to be posted to the webpage, concerns with consistency and DRAFTPage 12
Town Board Study Session – June 23, 2020 – Page 2
potential errors, and consistent participation from the Board. The Board directed staff to
investigate the options of the webpage, provide a draft of the webpage, and bring
forward a revised Policy.
TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS.
Mayor Pro Tem Martchink requested a discussion of in-person Board meetings and the
discussion was scheduled for the July 14, 2020 Study Session.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested removal of unfunded requests from future
Study Session agenda items, scheduling the Fish Hatchery discussion and Western
Heritage Memorandum of Understanding review for July 28, 2020, and the Open Space
and Outdoor Recreation Plan for August 25, 2020 Study Sessions. It was determined to
remove the consideration of unfunded requests and schedule the discussions for the
requested dates.
There being no further business, Mayor Koenig adjourned the meeting at 6:28 p.m.
Kimberly Disney, Recording Secretary DRAFTPage 13
Page 14
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Christy Crosser, Grants Specialist
Greg Muhonen, Public Works Director
Date: July 14, 2020
RE: Letter of Support for the Colorado Department of Transportation Grant
Application (Revitalizing Main Streets)
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Support Letter
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seeks authorization for the Mayor to sign a letter of support for a
grant application to the Colorado Department of Transportation (CDOT) for their
Revitalizing Main Streets Program.
Present Situation:
As the State continues its phased approach to the coronavirus pandemic and resulting
business closures, it is critical for the Town to continue its public health messaging
efforts. Currently, there are temporary paper signs posted around Town on A-frame
supports. Some of these signs are weathering and torn. Also, the Town has received
comments that while we are asking people to practice physical distancing from one
another, these signs are taking up valuable sidewalk space which compounds the
difficulty in maintaining separation. Public health messaging is directed to everyone:
residents, visitors, business owners, and employees of businesses and organizations.
The Town is working hard to invite residents and guests to shop and dine safely while
concurrently reassuring people that public health measures are in place. The Town has
initiated Estes Park Embrace the Views Program which is designed to aid restaurant
and retail owners in extending their businesses outside to continue physical distancing
capabilities. Restaurants and retail businesses are able to increase their capacity into
the public right-of-way adjacent to their business location.
To support this program, the Town must improve its current messaging. To accomplish
this, additional funds are needed to promote, inform and educate residents, visitors,
business owners and employees about the restrictions and opportunities for staying
healthy and containing the spread of COVID-19.
Page 15
Since businesses and restaurants have reopened on a limited basis, the Town Police
Department is experiencing increased complaints and reports that businesses and
patrons are not following restrictions. In order to keep our community safe and
economically viable, more can be done to inform and educate. This is especially
important for Estes Park because we are the primary gateway community to Rocky
Mountain National Park, and we also contribute to the local, regional and state
economy. People want to get out and connect with others and with nature. The balance
is keeping people safe so we can keep our economy open.
Proposal:
Town staff will submit a grant application to CDOT to support the purchase of durable
and more permanent signs to inform and educate pedestrians and motorists. The more
people who are adhering to public health measures, the greater opportunity for this
community to recover.
It is estimated that 50 aluminum signs will be purchased with a static message about
physical distancing and wearing masks. These signs will be strategically placed for
individuals to see when walking from parking areas. Multiple signs will be placed in the
downtown corridors as reminders. These signs will hold up to the weather and time as
we think these public health measures will be in place for months to come.
Two (2) portable variable message signs will be purchased to inform and educate
motorists that masks are required in all businesses and to practice physical distancing.
Other issue-specific alerts can be posted as needed.
Every effort the Town can make to inform and educate people, and support businesses
to succeed helps our community including our hard working service industry employees.
Advantages:
With consistent and frequent messages, the intent is to keep Estes Park healthy and
businesses open.
Visitors are coming from multiple states which have varying restrictions, so it is our
responsibility to inform and educate on the Larimer County measures being followed and do
this multiple ways including signage.
The grant can potentially provide 90 percent of the project cost.
Disadvantages:
If awarded, this grant requires a ten (10) percent local cost share; however, this can be met
with staff time to install the signs (in-kind labor/ service).
Installation of signs will take staff time; however, the Streets Division crew is available to
install the signs.
Grant support expectation includes collecting information on the success of this effort and
the best way to measure this would be collecting data through surveys, interviews and
observation which does take resources.
Page 16
Action Recommended:
Town staff is asking the Board to authorize the Mayor to sign the support letter attached
to this memo. This letter will be included with the grant application to indicate the
support from our elected officials.
Finance/Resource Impact:
This grant requires a ten (10) percent cost share and this can include staff time (in-
kind). The installation of the signs will be tracked by the Streets Division crew and used
toward the cost share requirement. The requested grant amount is estimated at
$40,000.00, depending on the size, type and features of the variable message sign
selected. Staff will work on detailed costs to include in the application.
Level of Public Interest
Public interest is generally high with respect to the economic recovery, and low with
respect to this specific application.
Sample Motion:
I move for the approval/denial of the support letter to CDOT for the Revitalizing Main
Streets grant application.
Attachments:
1. Support letter
2. Sign image and message sample
3. Map of proposed sign placement
Page 17
Town Clerk’s Office will put this letter on the Board letterhead
July 14, 2020
CDOT Region 4
10601 West 10th Street
Greeley CO 80634
Dot_CanDoCdot@State.Co.us
RE: Revitalizing Main Street Program Support Letter
Dear Selection Committee:
The purpose of this letter is to affirm the Town of Estes Park Board of Trustees supports this
project request to be submitted for funding, and to certify that the Town will follow all CDOT
policies and State and Federal regulations when completing this project.
We enthusiastically support submittal of this application in an effort to continue our important
public health messaging to residents, visitors and businesses. As the Town, County and State
continue their efforts to balance businesses opening with public health safety measures, we
welcome the support offered by CDOT. We are experiencing a high volume of visitors. Our
weekends are busy with many Colorado and out-of-state guests. The Estes Park Police
Department is reporting an increase in the number of complaints and reports of businesses and
patrons not adhering to physical distancing and mask requirements in public buildings. The
officers are taking the approach to inform and educate. All of this requires continued, consistent
and frequent messaging.
Your support of our grant application will assist our efforts to inform and educate with the
purchase of durable signs that are strategically placed where people walk from parking areas and
additional signs in the downtown corridor as reminders to wear masks and practice physical
distancing.
Additionally, we feel that it is important to inform and educate motorists as they drive to park
their vehicles or drive through town. Town staff have provided the Board information about
portable variable message signs, and their flexibility in placement and messaging. The static
signs and the variable message signs are investments in our effort to keep Estes Park safe and
open. Doing this results in continued employment, especially in our service industries where
wages are typically low and employees are more likely representing vulnerable populations.
Keeping our businesses open will help the community and region as a whole with sustaining the
ATTACHMENT 1
Page 18
sale tax revenue that supports town services. Staff has committed to the Board that this project
can be implemented within the 30-day requirement for this grant.
In addition to messaging, the Town has implemented a new Embrace the Views Program which
is designed to help restaurant and retail business owners within Town limits extend their services
into nearby outdoor spaces by permit from the Town. The program is intended to augment
business viability during the COVID-19 pandemic and necessary distancing precautions. The
Town has submitted appropriate CDOT permits for this program.
With CDOT’s support, together we can help to address the human toll of this pandemic. As the
primary gateway community to Rocky Mountain National Park, we are a place that people want
to visit and experience outdoor recreation. If we continue to do this right, we can help people
who need a safe connection with nature that will reduce the stress this pandemic has caused to so
many of us. We hope that you will review this grant application favorably and be our partner.
Thank you.
Regards,
Wendy Koenig
Mayor, Town of Estes Park
Page 19
Welcome Backto Estes ParkWe have missed you!
While you are here, thanks for:
Wearing a mask
Keeping your distance
Washing your hands
at least 6 feet
ATTACHMENT 2
Page 20
Bienvenido de Nuevo a Estes ParkTe hemos extrañado!
Mientras estes aqui, gracias por:
Utilizar una máscarilla
Mantener la distancia
Lavarte las manos
at least 6 feet
Page 21
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Page 22
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Randy Hunt, Community Development Director
Christy Crosser, Grants Specialist
Date: July 14, 2020
RE: Resolution 42-20, Approving Application for Grant Funding to the
Colorado Department of Local Affairs for Energy and Mineral Impact
Assistance Funds to Develop the Land Use Comprehensive Plan.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approve a resolution to submit a grant application that is due August 1, 2020, for funds
from the Department of Local Affairs (DOLA) Energy and Mineral Impact Assistance
Funds (EIAF) to support the Town’s Comprehensive Plan process.
Present Situation:
The current Estes Valley Comprehensive Plan was adopted in December 1996. This
plan has exceeded its usefulness and it is time for a new Plan. Community engagement
will be a significant part of this effort. The Plan is intended to help to guide our
community into the future.
Colorado towns, cities and counties are authorized to prepare Comprehensive Plans as
a long-range guiding document for a community to achieve their vision and goals. The
Comprehensive Plan provides the framework for regulatory tools including zoning,
subdivision regulations, annexations, as well as helps to address hazards and to build a
more resilient community. A Comprehensive Plan promotes the community's vision,
goals, objectives, and policies; establishes a process for orderly growth and
development; addresses both current and long-term needs; and, provides for a balance
between the natural and built environment. C.R.S. 30-28-106 and 31-23-206.
In 2018, the Town held a series of pre-planning meetings with partnering organizations,
Planning Commission representation, Larimer County and others. The results included
identifying stakeholders to participate in the Plan process and proposed content. This
information will be used as the Town resumes its effort to implement the
Comprehensive Plan process in 2021.
Proposal:
Page 23
Staff are proposing to submit a grant application to DOLA’s EIAF program to support a
professional consulting firm to work with Town staff and stakeholders to implement the
necessary tasks for a Comprehensive Plan that reflects this community’s needs,
opportunities and unique characteristics.
The minimum requirements for a comprehensive plan with DOLA grant support includes
the following:
Three mile radius outside the Town limits – we are planning on more than this with the
exception of federal lands;
Identify risks and vulnerabilities from natural and human caused hazards and how to
address these;
Identify recommendation for land use code updates – we are planning on a re-write of the
current codes; and
Demonstrate engagement with neighboring jurisdictions.
In addition, DOLA expects that comprehensive plans will result in intergovernmental
agreements with neighboring jurisdictions and will address water supply and
conservation measures.
Advantages:
Submitting this grant application will provide financial support to develop a much-needed
Comprehensive Plan.
If awarded, the grant would support fifty (50) percent of the costs.
Much has changed since the current Plan was adopted and it is time for a new Plan.
The process provides an opportunity for public engagement and input for the future of this
community.
The grant award announcement is expected in November 2020, allowing the Town Board to
support required matching funds in the 2021 budget.
Disadvantages:
As with all projects this requires staff resources; however, utilizing subject matter experts
through consulting services will provide staff with guidance and direction.
Cost share requirement is 50 percent and the 2020 budget for this project was deferred.
Comprehensive Plan development can be intense and often open up issues that are
contentious; however, the Town will work with skilled facilitators to manage issues.
Plans are too often not implemented; however, the Comprehensive Plan will be incorporated
into the Town strategic plans and referenced into the future.
Action Recommended:
The Community Development Department recommends approval of the attached
resolution to support the DOLA EIAF grant application for the Comprehensive Plan
process. This resolution commits the Town to meet DOLA’s local match funding and
grant management requirements, if awarded.
Finance/Resource Impact:
The Town proposes support in the 2021 budget for a cash match, and is estimated at
$150,000.
Page 24
Level of Public Interest
At this time, the level of Public Interest is moderate and expected to increase with the
Plan implementation.
Sample Motion:
I move for the approval/denial to approve Resolution 42-20 to submit the DOLA EIAF
grant application to develop the Comprehensive Plan.
Attachments:
1. Resolution 42-20
Page 25
RESOLUTION 42-20
A RESOLUTION APPROVING AN APPLICATION FOR GRANT FUNDING TO THE
COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR ENERGY AND MINERAL
IMPACT ASSISTANCE FUNDS TO DEVELOP THE COMPREHENSIVE PLAN
WHEREAS, The Town of Estes Park is authorized, under Colorado Revised
Statutes section 31-23-202 “to make, adopt, amend, extend, add to, or carry out a plan
as provided in this part 2”; and
WHEREAS, Colorado Revised Statutes section 31-23-206 provides for the Town
to “make and adopt a master plan for the physical development of the municipality,
including any areas outside its boundaries”; and
WHEREAS, twenty-four (24) years have elapsed since the 1996 Estes Valley
Comprehensive Plan was duly approved by the applicable authorities in the Estes
Valley Planning Area; and
WHEREAS, it is reasonable and appropriate that a Comprehensive Plan rewrite
be undertaken; and
WHEREAS, it is reasonable and appropriate for the Town Board of Trustees to
provide guidance in shaping the process and schedule for a Comprehensive Plan
rewrite; and
WHEREAS, potential funding is available through a grant program administered
by the Colorado Department of Local Affairs; and
WHEREAS, the Town intends to appropriate funds for the required grant cost
share in the 2021 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1. The Town of Estes Park Board of Trustees hereby approves the submission
of a grant application to the Colorado Department of Local Affairs for Energy
and Mineral Impact Assistance Funds.
2. If the grant is awarded, the Town Board intends to authorize the Mayor to sign
the grant agreement.
3. The resolution is to be in full force and effect from and after its passage and
approval.
ATTACHMENT 1
Page 26
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 27
Public Comment Received 07-10-2020
DOLA grant application for Comprehensive Plan, Trustee Consent
Agenda, July 14, 2020.
J Rex Poggenpohl <poggenpohl@mac.com> Thu, Jul 9, 2020 at 2:04 PM
Honorable Trustees:
While I live on the Town border in unincorporated Larimer County, I have almost 13 years of
extensive and active participation in Estes Park (and joint Town/County) Boards, Committees and
organizations; I even have two noisy Town short term rentals abutting my property. So, I well
understand that the Town economics are very important to the entire community of our entire valley.
Thus I, and many other valley residents, feel strongly that Town decisions and actions affect our
entire valley.
While our valley wide community still has some of elements of fragmentation and we/they attitudes, it
seems to me that any intelligent valley citizen would see the value of having a strong community for
the entire valley. Since a Comprehensive Plan, formulated from a majority of residents, is the best
long term view for the physical attributes that protect and develop the desired character of our
community, this Plan should be valley wide, beyond the minimum of State statute required 3 mile
perimeter of Town. From my considerable community planning education and experience, I know that
professional planning staff and consultants would feel similarly.
Consequently, your efforts to get started soon on an appropriate valley wide Comp Plan are very
important to our community and suggest you solicit a letter of interest and participation from County
officials to make your Colorado DOLA grant application most attractive, even if this means some
planning staff effort and financial participation from the County.
Thanks and Regards, .....
Rex Poggenpohl
Former Estes Valley Planning Commissioner
Former President, Estes Park Tree Board
Former Chair, Estes Valley Board of Adjustment
Co-Chair, Estes Park, Parks Advisory Board
Vice Chair, Larimer County, Board of Appeals
Candidate, Larimer County, Estes Valley Planning Advisory Committee
Page 28
Resolution 42-20 Comprehensive Plan Funding Proposal
On the Tuesday Board Meeting Agenda, Resolution 42-20 on the consent agenda proposes to
develop a Comprehensive Plan through a combination of Town and DOLA funding. This would
be a Town of Estes Park Comprehensive Plan with the inclusion of a 3-mile+ growth
management area. Up until now every current Town Board member, as well as those who have
served over the past several years, has said they are committed to a Comprehensive Plan that
includes the entire Estes Valley. The Comp Plan project was to include the active participation
of both the Town and County governments, their staff, and the residents of the entire Estes
Valley.
The new Comp Plan proposal raises several questions:
What has happened to the objective of one Comprehensive Plan for the entire Estes Valley? Is
the development of a Town-based Comprehensive Plan the approach that the Town Board now
favors?
Have the County Commissioners been approached recently to see if they would be willing to
participate in the development of a joint Comprehensive Plan? Should the Town Board formally
reach out to the County Commissioners? This is too important of an issue to depend on staff
level interactions alone.
If a Town-based Comprehensive Plan is created, what sort of Comprehensive Plan will guide
the rest of the Estes Valley? Would it be a growth management area covering the former Joint
Planning Area? There is no indication that the County will see it that way. Perhaps they will
decide to incorporate the rest of the Estes Valley into their existing Comprehensive Plan. If that
happens the Development Code and Zoning outside of Town will be modified accordingly. With
no existing IGA in place anything is possible.
Is a growth management area the proper model for land use planning in a largely developed,
highly integrated, and land-locked community such as the Estes Valley? Growth management
areas normally refer to undeveloped land surrounding cities (often within 3 miles of the city
limits) in which future development is managed via agreement between the city and county. This
is not the pattern of land use and growth we have in the Estes Valley.
Does this go-it-alone approach enhance or reduce our chances of receiving the DOLA grant?
DOLA is very aware of the history of land use planning in the Estes Valley. Knowing the history,
it seems likely that DOLA would want the Town and County to work together and be invested in
this planning effort to look favorably on awarding the grant.
In view of the many questions surrounding this Comprehensive Plan development proposal, I
urge you to remove it from the consent agenda and schedule it for discussion and public input at
the next Town Board meeting. The fact that there is an August 1st deadline for the DOLA grant
does not mean that the Town should rush into a go-it-alone Comprehensive Planning decision.
Public Comment Received 07-13-2020
Page 29
How the Comprehensive Plan is developed, what the scope should be, and who should
participate in its development are critical questions that affect all residents of Estes Park and the
surrounding Estes Valley. The community should have an opportunity to weigh in on these
questions and the Town Board should carefully consider how it wants to proceed.
Bob Leavitt
7/12/2020
Page 30
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: July 14, 2020
RE: Revised Policy 105 - Agendas
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _Policy_______
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of modifications to Policy 105 – Agendas.
Present Situation:
The Town’s adjustment to virtual meetings due to the COVID-19 pandemic has
unearthed a minor issue in the Town Board’s agenda policy (Policy 105). Currently, the
policy allows any Trustee to add an item to the regular board agenda if the issue has
been raised during public comment. The policy effectively allows for a single Trustee to
add an item to the agenda if it has been brought up in a public comment (which have
been primarily written comments as the Town has adjusted to virtual meetings). Staff
does not believe this was the intent of this policy as the other policy provisions allowing
individual Trustees to add items to the agenda require concurrence of the full Board.
Proposal:
The proposed policy edit removes section 2.b.v(6). Members of the Town Board may
still propose future agenda items related to public comments during the Trustee
comment period at a regular Town Board meeting.
Advantages:
Ensures that items added to the agenda are of interest to the Town Board as a
whole.
Disadvantages:
Decreases the flexibility individual Board members have to add items to the
Town Board Agenda.
Action Recommended:
Staff recommends approval of the revisions to Policy 105 - Agendas.
Page 31
Finance/Resource Impact:
N/A
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of Policy 105 – Agendas as presented.
Attachments:
1. Policy 105 – Agendas Redlined
Page 32
Rev 4-26-20187-14-2020
Town of Estes Park, Town Board Policies Page 1 of 4
Effective Period: ongoingOngoing
Review Schedule: Annually - January
Effective Date: 4/26/20187/14/2020
References: Policy Governance 1.9.2
TOWN BOARD POLICY
105
Agendas
1. PURPOSE
The Town Clerk is responsible for the preparation and publication of the agendas for any
meeting of the Board of Trustees. The Town Clerk shall establish deadlines for items to
be added to the agenda in order to provide adequate public notice of Board meetings and
to fully meet the requirements of the Colorado Open Meetings Act.
2. REGULAR BOARD MEETINGS
a. Agendas for regular board meetings shall follow the format approved by the Board in
Policy 103 – Town Board Procedures
b. Adding items to the Agenda
i. Routine Administrative Issues – Routine administrative issues, including renewal
of ongoing contracts, approval of bills, approval of minutes, issuance, renewal
and transfer of liquor licenses, land use issues requiring quasi-judicial action and
proclamations or other ceremonial actions may be placed on the agenda by the
Town Clerk without any further approval.
ii. Items requested by Town Staff – Any items, other than routine administrative
items, must be approved by the Town Administrator before being placed on the
agenda. The Town Administrator may place these items on the Regular Board
agenda without any further approval of the Board.
iii. Reports or requests from outside entities – the Town Administrator has the
authority to approve any requests from outside or partner agencies wishing to
present before the Town Board. This includes update reports (i.e. updates from
the Superintendent of Rocky Mountain National Park) and requests requiring
action (i.e. requests for letters of support, requests for board participation on
community projects).
iv. Legal issues – Legal issues requiring Board discussion or action may be placed
on the agenda by either the Town Administrator or the Town Attorney.
ATTACHMENT 1
Page 33
Rev 4-26-20187-14-2020
Town of Estes Park, Town Board Policies Page 2 of 4
v.Trustee requested items – Any trustee may request that an item be added to the
regular board agenda by one of the following methods:
(1) Request that the item be added to the agenda of an upcoming Regular
meeting during the Trustee comment period at a study session. If any other
Trustee objects to the item being placed on the agenda, the request must be
made at a Regular Board meeting.
(2) Request that an item be added to an upcoming agenda during Trustee
comment period at a regular board meeting. The Board may approve the
addition of the item to a future board meeting by consensus or may call for a
vote. If a vote is called for, a majority affirmative vote of the Board is required
to add the item to a future agenda.
(3) By an affirmative vote of a majority of the Trustees present at a meeting,
additional matters may be added to the agenda of any such meeting, as long
as it is allowed by statute.
(4) By referral from a Board Standing Committee.
(5) Emergency items – At times it may be necessary to add items to an agenda
on short notice to protect the immediate health, safety and well- being of the
community or the organization. The Mayor, Town Administrator or Town
Attorney may add emergency items to any agenda at any time, at their sole
discretion.
(6) Issues raised during Public Comment – For any issue raised during public
comment that requires additional Board discussion or an action, any Board
member may request that the item be placed on an upcoming agenda. Taking
action on any item raised during public comment but not previously listed on
the agenda is discouraged in order to give adequate notice for opportunity for
public participation.
3. STUDY SESSIONS
a. The Town Board will review the schedule for upcoming Study Sessions. The Mayor,
Trustees or staff may request or recommend any appropriate matters for Town
Board consideration; however, the Town Administrator will only place items on a
Study Session agenda with the direction of a majority of the Board.
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b. By an affirmative vote of a majority of the Trustees present at a meeting, additional
matters may be added to the agenda of any such meeting as long as it is allowed by
statute.
c. Public comment and/or participation in subject matter discussions may be allowed
by the chair at a study session by agreement by majority of the Board.
4.BOARD COMMITTEES (SPECIAL COMMITTEES, AUDIT) MUNICIPAL CODE 2.08.010 AND
2.08.020
a. The Town Clerk shall prepare the agendas for the Board Standing Committees in
consultation with the committee chair and appropriate staff.
b.Items on the agenda should be limited to the scope of the specific committee.
c. Any items requiring Board approval or further action must be referred by the
Committee to the full board including a recommendation as to whether the item
should be considered on the Consent Agenda or as an Action Item.
d. By an affirmative vote of a majority of the Trustees present at a meeting, additional
matters may be added to the agenda of any such meeting, as long as it is allowed by
statute.
e. All Actions of Board Committees are to be considered recommendations and not
final actions representing the Board of Trustees, unless otherwise authorized by
Board policy.
Page 35
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Town of Estes Park, Town Board Policies Page 4 of 4
5. CONSENT AGENDAS
The Consent Agenda may include items that do not need discussion or debate either because
they are routine procedures or are already have unanimous consent. Items of high public
interest or any items that would benefit from increased public visibility or publicity should not be
included on the consent agenda. A consent agenda allows the board to approve all these
items together without discussion or individual motions.
Examples of items to include on the consent agenda:
Approval of the minutes;
Final approval of proposals or reports that the board has been dealing with for some time
and all members are familiar with the implications;
Routine matters such as appointments to committees;
Staff appointments requiring board confirmation;
Reports provided for information only;
Correspondence requiring no action.
Approval of the routine bills and payments
Prior to approval of the Consent Agenda the Mayor shall ask if any members of the Board of
Trustees, Public or Staff would like to pull any items from the consent agenda. If requested,
the item shall be pulled from the consent agenda and considered as an action item
immediately following the consideration of the consent agenda.
Approved:
_____________________________
Todd JirsaWendy Koenig, Mayor
Revised by Town Administrator 3/28/2018 per Ordinance 04-2018
Page 36
RESOLUTION 43-20
SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQUOR
LICENSE APPLICATION FOR BLACK CANYON CATERING, INC., DBA THE BOULDERS
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New Hotel & Restaurant Liquor License,
filed by BLACK CANYON CATERING, INC., 800 MacGregor Avenue, Estes Park, Colorado,
is June 29, 2020.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, July 28, 2020, at 7:00
P.M., and that the neighborhood boundaries for the purpose of said application and hearing
shall be the area included within a radius of 4.60 miles, as measured from the center of the
applicant's property.
DATED this ___ day of _________ , 2020
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 37
Page 38
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten, Town Attorney Kramer
Date: July 14, 2020
RE: Resolution 46-20 Amendment One to the Alianza Inc. Agreement to
Provide Cloud-Based Telephone Services
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Shifts the implementation of phone service and the associated payments.
Present Situation:
The Town has an existing agreement with Alianza to provide phone service to our
Trailblazer customers. Our focus to date has been to integrate and train staff for
internet service sales. The startup of internet service has gone well but we have not
had the resources to implement phone service.
This amendment delays scheduled payments to Alianza retroactively from April 1, 2020
to January 1, 2021 and extends the term to January 1, 2026 to match the agreements
original five-year timeframe.
Proposal:
We request Board approval of the amendment.
Advantages:
Staff will have additional time for training on Alianza’s software
Scheduled payments will be deferred to January 1, 2021
Disadvantages:
None
Action Recommended:
Staff recommends approval of the amendment
Page 39
Finance/Resource Impact:
The financial impact is to delay the scheduled monthly minimum payment of $2,500 until
January 1, 2021
Level of Public Interest
Medium - broadband service is high profile; however, there is limited interest in the
details of how it is developed
Sample Motion:
I move for the approval/denial of the amendment
Attachments:
1.Resolution 46-20
2.Amendment 1 to the Alianza Agreement
3.Original Alianza Agreement
Full Stack background can be found at:
https://gofullstack.com/work/
eStrategy3 background can be found at:
http://www.estrategy3.com/Experience-Estes-Park-CO.html
Old Town Media background can be found at:
https://oldtownmediainc.com/our-work/
Page 40
RESOLUTION 46-20
APPROVING AMENDMENT 1 TO THE ALIANZA MASTER SERVICES AGREEMENT
WHEREAS, the Town acting by and through its Power and Communications
Enterprise desires to enter into an amendment to modify the Alianza Master Services
Agreement for Voice Over Internet Protocol (VOIP) phone service; and
WHEREAS, the original agreement was approved by Town Board at its June 25,
2019 Town Board meeting; and
WHEREAS, the amendment is required to defer monthly minimum payments to
January 1, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, Amendment 1 to the Alianza
Master Services Agreement for VOIP phone service, as referenced in the title of this
resolution, in substantially the form now before the Board.
DATED this day of
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 41
AMENDMENT 1 TO
MASTER SERVICES AGREEMENT
This Amendment 1 ("Amendment") is incorporated into, and shall form a part of, the Master Services Agreement ("Agreement")
entered into by and between Alianza, Inc. ("Alianza"), and the Town of Estes Park ("Customer"), with the Effective Date of July 11,
2019. This Amendment is effective on the date last signed in the signature block below, unless othe rwise indicated herein.
In consideration of the promises and covenants contained in the Agreement and in this Amendment No. 1, the parties
hereby agree as follows:
1.Definitions -Terms that are initially capitalized in this Amendment that are not otherwise defined have the meaning
ascribed to them in the Agreement.
2.Order of Pr ecedence -To the extent that any term of this Amendment is inconsistent with any of the terms of the
Agreement, the term of this Amendment supersede the terms of the Agreement.
3.Term -The first sentence in Section 6.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
"The Initial Term of this Agreement shall commence on the Effective Date and continue through January 1, 2026 ("Initial
Term")."
4.Monthly Revenue Commitment -The Monthly Revenue Commitment for Voice Service Licenses found in Section 1 of
Exhibit A of the Agreement is hereby modified to go into effect beginning on January 1, 2021.
5.Legality -All Customer's obligations under the Agreement extend only so far as permissible by applicable law.
Specifically, and without limiting the foregoing, all financial obligations of the Customer under the Agreement are contingent
upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in the Agreement
shall be deemed a pledge of the Customer's credit, or a payment guarantee by the Customer to Alianza. Furthermore,
without limiting the foregoing, all Customer duties to withhold or produce records, documents, or other information are
subject to the Colorado Open Records Act. Provided, however, that Alianza represents that price amount information is
confidential commercial information and a trade secret under the Open Records Act, and the Town shall accordingly redact
such information from its produced records. Alianza shall defend and indemnify the Town for any claims or damages,
including attorney's fees and other costs, assessed under the law for such redaction, or other redaction or withholding of
documents done at Alianza's request. The Town shall comply with any order of any court requiring release of information.
6.Except as expressly stated in this Amendment, the terms and conditions of the Agreement remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the Parties hereby acknowledge that they agree to be bound by the terms and conditions of thi s Service
Schedule.
CUSTOMER
Signature: Signature:
Name: JS(iv1.1.-s 1Jeu+{'<f' Name: Wendy Koenig
Title: c_f:_e:, Title: Mayor, Town of Estes Park
Date: b JO 2..020 Date: 7/14/2020
�ui,/3� Contingent on Town stlard Approval
Reuben Bergsten, Utilities Director 6/30/2020
ATTACHMENT 2
Page 42
MASTER SERVICES AGREEMENT
This Master Services Agreement ("MSA") is entered into by and between Alianza, Inc. ("Alianza"), a Delaware corporation, and
the Town of Estes Park ("Customer"), a Colorado municipal corporation, as of the latest date signed below (the "Effective Date").
Alianza and Customer shall be individually referred to as "a Party" or collectively as "the Parties." This MSA, the applicable Service
Schedules and any Exhibits or other attachments incorporated therein, along with any amendments as executed by the Parties in
writing shall collectively be referred to as the "Agreement." To the extent reasonably possible, the provisions of the MSA and any
Schedule shall be interpreted so as to avoid any conflict between them. In the event of an express conflict between a term(s) of
this MSA and the term(s) of any Service Schedule, precedence will be given to term{s) as defined in the Service Schedule.
WHEREAS, Customer desires to provide Voice over Jntemet Protocol Services to its End Users ("VoIP Services") in connection
with its broadband data service offering; and
WHEREAS, Alianza desires to provide the services described herein, based on the terms set forth herein;
NOW, THERFORE, the Parties, in consideration of the mutual covenants and promises set forth in this Agreement, agree as
follows:
1.Definitions
1.1 Services: means Alianza's Cloud Voice
Platform and any Other Services (collectively, the "Services").
Services. Alianza has no obligation to provide any services
not expressly set forth in this Agreement.
1.2 Cloud Voice Platform: means all components,
features and functionalities of Alianza's cloud-based software
platform; including application feature server, media server
call control, session management, biUing support system,
provisioning system, carrier interface, and lawful intercept;
together with Alianza's Application Programing Interface
("API"), data feeds, End User Portal, and Administrative
Portal. Pricing for the Cloud Voice Platform shall be set forth
in Exhibit A attached hereto.
1.3 Other Services: means services provided by
Alianza which are separate, but related, to the Cloud Voice
Platform. All terms and pricing related to Other Services shall
be defined in the respective Service Schedule or an attached
Statement of Work ("SOW").
1.4 Device: means any piece of equipment or
software (IP phones, voice modem, voice ATA, soft phone,
etc.) certified by Alianza, that an End User uses to place and
receive voice calls.
1.5 End User: means any individual person that
subscribes to, or purchases VoIP Services provided by
Customer. Alianza has no direct relationship with End Users.
All aspects of End User relationships are managed
exclusively between Customer and End Users.
1.6 End User Portal: means Alianza's proprietary,
web-based, self-management portal for End Users that
subscribe to Customer's VoIP Services. Alianza will provide
Customer a fast-start Customer-branded version of the End
User Portal. Customer may also use Alianza's API to build and
manage a custom End User portal.
1.7 Administrative Portal: means Alianza's
proprietary web-based back-office management system that
allows Customer to manage all aspects and functionalities of
the Cloud Voice Platform.
1.8 Third-party Services: means any third-party
Device, software or service that is not provided by Alianza, but
which interacts with the Cloud Voice Platform.
1.9 Professional Services: means custom software,
product or platform development performed by Alianza for
Customer. Any Professional Services offered under this
Agreement will be obtained from Alianza pursuant to the
terms set forth in Exhibit A.
1.10 Provider of Record: means the entity that is
exclusively responsible for compliance with regulatory and tax
registrations, collection and remittance of taxes and fees, and
all federal and state regulatory obligations relating to the
provision of VoIP Services to End Users.
2.Other Services
2.1 Connectivity: Customer shall be responsible for
providing its End Users with connectivity to Alianza's Cloud
Voice Platform. Connectivity shall be implemented via public
internet.
2.2 Carrier Services and Emergency Services.
Alianza shall provide carrier services and emergency services
as set forth in the attached, Alianza Carrier and Emergency
Services Schedule.
2.3 Provider of Record: Customer is the Provider of
Record.
3.Allanza Obligations
3.1 Manner of Provision. Alianza shall provide the
Services in a prof essional and workmanlike manner.
3.2 License. Subject to Customer's compliance with
the provisions of this Agreement, Alianza grants to Customer
a limited, non-assignable, non-exclusive, royalty-free (except
as provided herein) license to access and use the Services,
solely for the purposes set forth herein. Customer may not (a)
Alianza Master Services Agreement-Confidential -1
ATTACHMENT 3
Page 43
attempt to obtain a copy of any element of the Services, (b)
reverse compile, reverse engineer, reverse assemble or
otheiwlse attempt, directly or indirectly, to obtain or create
source code for any element of the Services, (c) modify or
create derivative works of any element of the Services, or (d)
allow End Users to sub-license, transfer, distribute, sell or
resell any Services provided by Alianza hereunder.
3.3 Training. Alianza will provide Customer initial and
ongoing training as reasonably needed (train the trainer
approach) and Customer will ensure that its representatives
and agents are appropriately trained in the administration of
all Services.
3.4 Service Desk Policy. Alianza's service level
commitments and technical support obligations are defined in
Exhibit B attached hereto.
4.Customer Obligations
4.1 Devices. Customer shall purchase Devices
directly from Third Parties. Alianza shall maintain a current list
of Alianza certified Devices. Alianza reserves the right to add
to its support of such Devices and/or upgrade firmware on
certified Devices from lime to time as dictated by customer
requests and market demand. Any Customer requests for
expedited Device and or firmware upgrades shall be
considered a Professional Services request. Customer
acknowledges that Devices and firmware are certified by
Alianza without any warranty of any kind with regard to the
Device hardware or software, and Alianza shall not have any
responsibility or liability to Customer in connection with its
attempt to access or use of Devices or related firmware.
4.2 Product, Sales and Marketing. Customer is solely
responsible for retail product management and pricing; as well
as all marketing, promotion, and selling of all VoIP Services
to End Users.
4.3 End User Support. Customer is responsible for
providing tier 1 support directly to End Users as well as a tier
2 support function responsible for operating as a point of
escalation for tier 1 support representatives. Tier 2 agents
should be experts on the Cloud Voice Platform and in
resolving End User support issues.
4.4 End User Invoicing. Alianza will provide End User
transaction details and call detail records to Customer, but
Customer is solely responsible for invoicing End Users,
tracking account balances, and setting End User authorization
statuses in the Cloud Voice Platform. Alianza is not
responsible for any Customer errors in this process.
4.5 Taxes and Fees. All charges are exclusive of
taxes, fees and surcharges. Customer is exclusively
responsible for any taxes, fees or surcharges on all purchases
from Alianza and the provisioning and offering of VoIP
Services to End Users. Customer shall be responsible for
payment of all applicable taxes that arise in any jurisdiction,
including, without limitation, value added, consumption, sales,
use, gross receipts, excise, access, bypass, or other taxes,
duties, fees, charges or surcharges (including, but not limited
to Universal Service Fund ("USF") and other regulatory fees)
(collectively "Taxes").
4.6 Representations: Customer will not make any
representations, warranties, or guaranties concerning the
Services on behalf of Alianza without AUanza's express
written consent.
4.7 Exclusivity. During the term of this Agreement
Alianza will be the exclusive provider responsible for powering
Customer's VoIP Services and Customer will not engage an
alternative service that is substantially similar or competitive
to Alianza.
5.Invoicing and Payment
5.1 Invoicing. Alianza shall invoice Customer
electronically. The invoices will state the charges due plus any
applicable taxes and fees. Non-recurring charges ("NRCs") as
well as any usage charges, Taxes and other fees from the
prior month will be invoiced on or about the first day of the
following month. Monthly recurring charges ("MRCs") are
invoiced on the first day of each month according to a
snapshot of the applicable items as of the first day of each
month. The Parties will work in good faith to resolve any
disputes regarding invoicing, and Customer may withhold the
portion of any invoice disputed in good faith. Any invoice not
disputed within 90 days after issuance of the invoice in
question shall be deemed correct and irrevocably accepted by
Customer. Customer is solely responsible for, authorizing and
monitoring all End Users provisioned in the Cloud Voice
Platform and promptly deleting any unauthorized End Users
provisioned in the Cloud Voice Platform. Customer is solely
responsible for all use, misuse and fraud related to the use of
the Services by End Users or other users of End User's VoIP
Services.
5.2 Payment. Payment of all invoices shall be made
via ACH or wire transfer no later than 25 days after issuance
of all invoices (the Moue Date"). Payments received after the
Due Date will accrue interest at 1.5% per month.
6.Term and Termination
6.1 Term. The initial term of this Agreement is 60
months, commencing on the Effective Date. At the end of
each term, this Agreement will automatically renew for 24·
month periods, unless either Party provides written notice to
the other Party of non-renewal at least six months before the
end of the then-current term.
6.2 Termination. Neither Party may terminate this
Agreement for convenience. Either Party may terminate this
Agreement after 30 days' written notice of breach and failure
to cure the breach by the breaching Party. If the breach is a
failure to pay amounts due under this Agreement within 1 0
calendar days of the Due Date (other than amounts disputed
in good faith), Alianza may, after giving 5 business days prior
notice, suspend the Services. Customer shall remain solely
responsible to provide sufficient notice of termination to any
government agency or End Users, as required under
Alianza Master Services Agreement -Confidential -2
Page 44
applicable law and in accordance with section 214(a) of the
Telecommunications Act of 1996.
6.3 Early Termination. If Customer terminates this
agreement for reasons other than an uncured breach by
Alianza, or if Alianza ceases any services as a result of an
uncured default by Customer, Customer shall incur a
termination charge from Allanza equal to the sum of: (i) all
unpaid amounts for service provided through the date of
termination, and (ii) the VSL MRC defined in Exhibit A,
multiplied by the total number of VSLs supported by
Customer, multiplied by the number of months remaining in
the term of this Agreement. The Parties agree that these
charges are a genuine estimate of Alianza's actual damages
and a good faith liquidation thereof. They are not intended as
a penalty.
6.4 Transition Assistance, Upon the expiration or
earlier termination of this Agreement for any reason (the
"Transition Commencement Date"), Alianza will reasonably
assist Customer in transitioning all aspects of End User VoIP
Services from Alianza to Customer, or to an alternate provider
or providers specified by Customer for a period of time as is
necessary to complete the transition, not to exceed 6 months
from Transition Commencement Date (the "Transition
Period"). Such transition assistance will include taking all
reasonable steps to facilitate the transition of Alianza services
to Customer, or an alternate provider or providers (provided
such requirements are technically and operationally feasible).
During the Transition Period, all terms of this Agreement will
be in effect, and both Alianza and Customer will continue to
honor all obligations in accordance with the terms of this
Agreement. Both Parties will use reasonable efforts to define
a project plan to be incorporated into an SOW within 30 days
of the Transition Commencement Date, and such plan will
define the estimated scope and effort related to all transition
related activities. Charges from Alianza to Customer for the
transition assistance outlined in this section will be based on
the scope of the defined project plan; but in any event, will not
exceed an NRC of $4.50 per VSL. Such transition related
charges will be invoiced to Customer upon execution of the sow.
6.5 Effect of Termination. Upon termination of this
Agreement for any reason, the provisions of this Agreement
that by their nature indicate that the Parties intended that they
would survive shall survive.
7.Confidentiality and Proprietary Rights
7.1 Confidential Information. "Confidential
Information" means any proprietary information of a Party to
this Agreement disclosed by one Party ("the Disclosing Party")
to the other ("the Receiving Party") that is in written, graphic,
machine readable or other tangible form and is marked
·confidentiain or "Proprietary· or In some other manner to
indicate its confidential nature or otherwise is generally of a
confidential nature. Confidential Information may also include
oral disclosures provided that such information is designated
as confidential at the time of disclosure.
7.2 Exceptions. Confidential Information will not
include any information that (a) was in the public domain prior
to the time of disclosure by the Disclosing Party, (b) becomes
public information after disclosure by the Disclosing Party to
the Receiving Party through no action or inaction of the
Receiving Party, (c) is already in the possession of the
Receiving Party at the time of disclosure without an obligation
of confidentiality, or (d) is independently developed by the
Receiving Party without use of or reference to the Disclosing
Party's Confidential Information.
7 .3 Non-Use and Non-Disclosure. Each Party will (a)
treat as confidential all Confidential Information of the other
Party, (b) not disclose such Confidential Information to any
third party, except on a "need to know" basis to third parties
that have signed a non-disclosure agreement containing
provisions substantially as protective as the terms of this
Section provided that the Disclosing Party has obtained the
written consent to such disclosure from the other Party, and
(c) not use such Confidential Information except in connection
with performing its obligations or exercising its rights under
this Agreement. Each Party is permitted to disclose the other
Party Confidential Information if required by law so long as the
other Party is given prompt written notice of such requirement
prior to disclosure and assistance in obtaining an order
protecting such information from public disclosure.
7 .4 Confidentiality of Agreement. Neither Party to this
Agreement will disclose the terms of this Agreement to any
third party without the consent of the other Party, except as
required by securities or other applicable laws.
Notwithstanding the above provisions, each Party may
disclose the terms of this Agreement (a) in connection with the
requirements of a public offering or securities filing. (b) in
confidence, to attorneys, accountants, banks, and financing
sources and their advisors, (c) in confidence, in connection
with the enforcement of this Agreement or rights under this
Agreement, or (d) in confidence, in connection with a merger
or acquisition or proposed merger or acquisition, or the like.
7.5 Proprietary Rights. Alianza hereby reserves all
intellectual property rights not explicitly granted in this
Agreement. As between Allanza and Customer, Alianza owns
all intellectual property rights in and to the Services, and to all
related documentation and copies thereof, including without
limitation all copyrights, trademarks, patents, trade secrets
and other intellectual property (the "Proprietary Rights"},
including goodwill or reputation that accrues to Alianza's
intellectual property. To the extent that any Proprietary Rights
are invented, created, developed, or first reduced to practice
under this Agreement. jointly by the Parties or in connection
with Alianza's provision of the Services, Alianza will own all
right, title, and interest in and to such Proprietary Rights, with
no duty to account to Customer with respect to the use and
exploitation of the Proprietary Rights. Nothing in this Section
prohibits Customer from independently developing a product
that interfaces with the Services. As between the Parties,
Customer will retain all right, tiUe, and interest in any product
that it develops independently.
7.6 Customer Proprietary Network Information
{"CPNI"}. Both Alianza and Customer acknowledge that rules
Alianza Master Services Agreement-Confidential -3
Page 45
and regulations apply to CPNI that require specific safeguards
to protect against the unauthorized disclosure of CPNI. CPNI
refers to (1) information that relates to the quantity, technical
configuration, type, destination, location, amount of use and
billing data of a telecommunications or interconnected VoIP
service, that is made available to a Party solely by virtue of a
customer relationship. CPNI does not, however, include
subscriber list information, which is information identifying the
name, address and phone number of a customer that is
published, caused to be published or accepted for publication
in a directory. Both Alianza and Customer warrant that they
will implement required safeguards and otherwise abide by
the rules and regulations that apply to CPNI with regard to any
services provided ta an End User facilitated by access to
Alianza's services. The Parties agree that they will only use
CPNI for the purpose of providing the service for which the
CPNI is provided; they will not disclose CPNI ta third parties
unless disclosure is required to provide any services or
services incorporating the services, or as otherwise permitted
or required by law.
8.Trademarks
8.1 Each Party grants to the other Party a non
exclusive, non-transferable, royalty-free right to display the
trademarks, service marks and logos ("Marks") of the other
Party solely to allow each Party to perform its obligations
under this Agreement and to display the Marks of the other
Party in marketing material indicating its business
relationships. If a Party objects to a specific use of the other
Party's Marks, it will notify the other Party of such objection,
and such Party will cease such use of the objecting party's
Marks.
9.Warranty Disclaimer and Liability Limits
9.1 WARRANTY DISCLAIMER. NEITHER PARTY
MAKES ANY ADDITIONAL REPRESENTATION NOR
WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED
(EITHER IN FACT OR BY OPERATION OF LAW), OR
STATUTORY, AS TO ANY MATTER WHATSOEVER,
EXCEPT THOSE EXPRESSLY SET FORTH IN THIS
AGREEMENT. EACH PARTY EXPRESSLY DISCLAIMS
All IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
ACCURACY, AND TITLE. ALIANZA DOES NOT WARRANT
AGAINST INTERFERENCE WITH THE ENJOYMENT OF
THE SERVICES, OR AGAINST INFRINGEMENT. ALIANZA
DOES NOT WARRANT THAT THE SERVICES Will BE
ERROR-FREE OR THAT OPERATION OF THE SERVICES
Will BE SECURE OR UNINTERRUPTED.
9.2 LIABILITY LIMIT AND CAP. EXCEPT WITH
REGARD TO A PARTY'S CONFIDENTIALITY
OBLIGATIONS, LICENSE RESTRICTIONS, DUTY TO PAY
FEES UNDER THIS AGREEMENT (INCLUDING EARLY
TERMINATION CHARGES), GROSS NEGLIGENCE,
AND/OR WILLFUL MISCONDUCT, NOTWITHSTANDING
ANYTHING CONTAINED IN THIS AGREEMENT TO THE
CONTRARY, NEITHER PARTY WILL, UNDER ANY
CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY OR
ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
ARISING OUT OF OR RELATED TO THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO LOST PROFITS OR
LOSS OF BUSINESS, EVEN IF A PARTY IS APPRISED OF
THE LIKELIHOOD OF SUCH DAMAGES OCCURRING;
NOR, EXCEPT FOR THOSE ITEMS LISTED ABOVE IN
THIS PARAGRAPH, SHALL EITHER PARTY'S TOTAL
LIABILITY OF All KINDS ARISING OUT OF OR RELATED
TO THIS AGREEMENT, REGARDLESS OF THE FORUM
AND REGARDLESS OF WHETHER ANY ACTION OR
CLAIM IS BASED ON CONTRACT, TORT, OR
OTHERWISE, EXCEED THE TOTAL AMOUNT PAYABLE
BY CUSTOMER TO ALIANZA FOR THE CLOUD VOICE
PLATFORM DURING THE THREE MONTHS PRECEDING
THE ACT OR OMISSION THAT PRECIPITATED THE
CLAIM.
10.Indemnification
10.1 Indemnification by Alianza. Alianza will
defend and indemnify Customer from and against any claim
by any third party that the Customer's authorized use of the
Services infringes or misappropriates any intellectual property
rights of such third party. Alianza may, in the event of such a
claim, in its reasonable discretion, (a) procure the continuing
right for Customer to use the Services; (b) replace or modify
the Services in a functionally equivalent manner so that they
no longer infringe: or, if neither (a) nor (b) is reasonably
available, may (c) terminate this Agreement. Alianza's duties
under this section shall not arise if the alleged infringement is
a result of unauthorized use or modification of the Services,
or if Customer fails to comply with Alianza's instructions that
would mitigate or end the infringing conduct or activity.
10.2 Indemnification by Customer. To the extent
legally allowed, Customer will defend, indemnify, and hold
harmless Atianza from and against any claim by any party that
arises out of, results from, or relates to: (a) Customer's
access to or use of, or attempts to access or use, any Third
party Service(s); (b) Customer's or an End User's use of the
Services in any unauthorized manner, including but not limited
la use in violation of any law or applicable regulation: (c)
Customer's breach of any of its obligations set forth in this
Agreement; (d) any claim that Customer has infringed upon or
misappropriated any intellectual property rights of a third
party, other than through the direct use of the Services: and
(e)any claim or allegation related to Alianza's calculation,
collection, or remittance of Taxes based upon inaccurate or
incomplete data provided by Customer (or its billing system).
10.3 Procedures. The indemnifying Party's duty to
indemnify, defend, and hold harmless shall arise only if the
indemnified Party gives prompt written notice of any claim of
which it becomes aware. The indemnifying Party shalt have
full and complete control over the defense and settlement of
the claim, and the indemnified Party shall provide assistance
in connection with the defense and shalt cooperate and
comply with any settlement or court order made in connection
with the claim: provided, however, that the indemnified Party
shall have the right ta approve any settlement that requires
any action by the indemnified Party.
Alianza Master Services Agreement-Confidential -4
Page 46
11. General Provisions
11.1 Compliance with Laws. Each Party shall strictly
comply with all applicable federal, State and local laws, rules
and regulations in effect or hereafter established.
11.1.1. Pursuant to Section 8-17.5-101.
C.R.S., et. seq., Alianza represents and agrees that, as of the
date of this Agreement:
11.1.1.1. Alianza does not knowingly
employ or contract with an illegal alien who will perform work
under this Agreement: and
11.1.1.2. Alianza will participate in
either the e-Verify program created in Public Law 208, 104th
Congress, as amended, administered by the United States
Department of Homeland Security (the "e-Verify Program") or
the Department Program (the "Department Program"), an
employment verification program established pursuant to
Section 8-17.5-102(5)(c) C.R.S. In order to confirm the
employment eligibility of all newly hired employees to perform
work under this Agreement.
11.1.2. Alianza shall not knowingly employ or
contract with an illegal alien to perform work under this
Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an
illegal alien to perform work under this Agreement.
11.1.3. Alianza is prohibited from using the e
Verify Program or performed Department Program
procedures to undertake pre-employment screening of job
applicants while this Agreement is being.
11.1.4. If Alianza obtains actual knowledge
that a subcontractor performing work under this Agreement
knowingly employs or contracts with an illegal alien, Alianza
shall:
11.1.4.1 Notify such subcontractor
and Customer within three days that the Alianza has
actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
11.1.4.2. Terminate the subcontract
with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien;
except that Alianza shall not terminate the contract with the
subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien.
11.1.5. Alianza shall comply with any
reasonable request by the Colorado Department of Labor and
Employment (the "Department") made in the course of an
investigation that the Department undertakes or is
undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
11.1.6. If Alianza violates any provision of this
Agreement pertaining to the duties imposed by Subsection 8-
17.5-102, C.R.S and such breach is not cured within 30 days.
Customer may terminate this Agreement.
11.2 Fair Use and Protection Policy. Allanza
maintains the right to immediately terminate any or all services
to any End User who Alianza determines to be engaged In, or
related to, (a) any form of security breach, (b) fraudulent or
illegal activity, (c) any activity that compromises or threatens
to harm Alianza's ability to operate the Cloud Voice Platform,
(d)any abuse or use that is inconsistent with industry nonns.
11.3 Assignment. Neither Party may transfer or
assign this Agreement, in whole or in part, without the written
consent of the other Party, which consent will not be
unreasonably withheld or delayed, except that either Party
may transfer or assign this Agreement, without such consent,
to an entity that acquires all or substantially all of the business
or assets of such Party lo which this Agreement pertains,
whether by merger, reorganization, acquisition, sale, or
otherwise. Any attempt by a Party to transfer or assign this
Agreement without a required consent will be null and void.
Subject to the foregoing, this Agreement will inure to the
benefit of and be binding upon any permitted successor or
assignee of the parties.
11.4 Governing Law and Jurisdiction. The laws of the
State of Colorado as applied to contracts formed and intended
to be performed within such state, without giving effect to
conflicts of law principles, govern all matters arising out of or
relating to this Agreement and the transactions it
contemplates, including its interpretation, construction,
performance and enforcement. A Party bringing a legal action
or proceeding against the other Party arising out of or relating
to this Agreement or the transactions it contemplates must
bring the legal action or proceeding in either the District Court,
Larimer County, or the United States District Court for the
District of Colorado. Each Party consents to the exclusive
jurisdiction of the District Court, Larimer County, or the United
States District Court for the District of Colorado and their
respective appellate courts for the purpose of all legal actions
and proceedings arising out of or relating to this Agreement or
the transactions it contemplates
11.5 Notices. Any notice, request, demand, or other
communication required or permitted in this Agreement will be
in writing, will reference this Agreement, and will be effective:
(a)when delivered personally; (b) when sent by email, with
written confirmation of receipt; or (c) when delivered by a
nationally recognized express courier (with confirmation of
delivery receipt). All notices will be sent to the address set
forth on the signature page of this Agreement.
11.6 Independent Contractors. The Parties hereto
are independent contractors. Nothing herein creates a
partnership, joint venture, or agency relationship between the
Parties.
11. 7 Entire Agreement and Amendment. This
Agreement, including all Exhibits and Service Schedules
attached hereto, is the complete and exclusive agreement
between the Parties, superseding any and all prior or
contemporaneous agreements, communications, and
Alianza Master Services Agreement -Confidential -5
Page 47
understandings (both written and oral) regarding this subject
matter. Any terms in any other order, release, contract. or
other communication that are additional to , different from, or
inconsistent with the provisions of this Agreement will be
deemed to be rejected, void, and of no effect. This Agreement
may be modified only by an Instrument in writing signed by
each Party's duly authorized representative.
11.8 Waiver. No failure of either Party to exercise or
enforce any of its rights under this Agreement will act as a
waiver of these rights. Any waiver of any provision of this
Agreement must be in writing and signed by an officer of the
waiving Party.
11.9 Severability. If for any reason a court of
competent jurisdiction finds any provision of this Agreement
invalid or unenforceable, that provision of the Agreement will
be enforced to the maximum extent permissible, and the other
provisions of this Agreement will remain in full force and effect.
11.10 Force Majeure. Except for payment
obllgations, neither Party shall be liable for delays or failures
to meet obligations caused by forces beyond such Party's
reasonable control ("Force Majeure Evenr). Force Majeure
Events together with Scheduled Maintenance shall be
considered "Excused Outages•.
11.11 Publicity. Alianza may (a) prepare press
releases with respect to this Agreement, which will be
submitted after approval by Customer (such approval not to
be unreasonably withheld or delayed); (b) disclose to third
parties that Customer is an Alianza customer; and (c) use the
name of and identify Customer as a customer in advertising
materials.
11.12 No Third-Party Beneficiaries. Nothing in this
Agreement, express or implied, is intended to confer upon any
person other than the Parties hereto any rights or remedies.
11.13 Execution in Counterparts. This Agreement
may be executed In counterparts, each of which will be
deemed to be an original and may be conveyed electronically.
11.14 Governmental immunity Act. No term or
condition of this Contract shall be construed or interpreted as
a waiver, express or implied, by Customer of any of the
notices, requirements, immunities, rights, benefits,
protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et
seq. and under any other applicable law.
IN WITNESS WHEREOF, the Parties hereby acknowledge that they agree to be bound by the terms and conditions of this
Agreement.
Alianza Master Services Agreement-Confidential - 6
Page 48
ALIANZA
Signature: �
Name: Brian Beutler
Tille: Chief Executive Officer
Date: July 3, 2019
Address for Notice:
Alianza, Inc.
333 South 520 West, Suite #350
Lindon, UT 84042
Attn: Legal Department
With a copy to:
Alianza, Inc.
333 South 520 West, Suite #350
Lindon, UT 84042
Attn: Finance Department
Signature:
Name:
Title:
Date:
Address for Notice:
Town of Estes Park
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517 Attn: Utilities Department
With a copy to:
Town of Estes Park
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517 Attn: Finance Department
Invoicing Contact:
Name: Karla Sterling
Email: ksterling@estes.org
Phone: (970) 577-3588
Alianza Master Services Agreement -Confidential-7
Page 49
EXHIBIT A:
CLOUD VOICE PLATFORM PRICING SCHEDULE
1.Cloud Voice Platform -Voice Service Licenses (VSLs)
The following MRCs shall be paid by Customer on a per VSL basis. A VSL is defined as (a) one Residential Voice Line, (b) one
Business Line, (c) one Hosted PBX user, or (d) one SIP trunk session. VSL fees apply to all VSLs regardless of any account's
authorization status.
VSL Volume Ranges
Up to 10,000
Base MRC for
allVSLs
$2.50
Add-on MRC for each Business Line VSL $1.00 •.
Add-on MRC for each Hosted PBX VSL $1.00
Add-on MRC per SIP Trunk Session VSL $1.00
Monthly Revenue Commitment for Voice Service Ucenses: Beginning on April 1, 2020, Customer shafl pay to Alianza a Monthly Minimum
Payment for Voice Service Licenses of $2,500 per month. In addition to all actual invoiced charges for Voice Service Licenses then due
and owing at the end of each month, Allanza will Invoice Customer, and Customer agrees to pay Alianza, for the shortfall (if any) between
the actual invoiced charges and the Monthly Minimum Payment.
2.Setup Fee - $7,500 NRC
lnltial setup, training, and implementation prior to commercial launch; including (a) setup and configuration of Customer's
Administrative Portal and access rights, (b) setup and branding of the End User Portal, (c) basic billing integration consulting and
customization related to Customer's consumption of Alianza's CDRs and data feeds, (d) inltfal training as reasonab ly needed to
facilitate knowledge transfer from Alianza to Customer (train the trainer approach), (e) setup of certified wholesale carrier
connections and (f) Device provisioning configuration, setup and validation for certified Devices.
3.Integration and API Consulting -Waived
Access to Alianza's API and Alianza consulting related Customer's consumption of Alianza API related to advanced back-office
systems integration between Alianza and Customer or Third-party BSS/OSS.
4.Professional Services -$175 per hour (optional)
Examples of Professional Services available from Alianza include (a) custom development work, (b) certification of a new third
party Device or Device firmware, {c) re-certification of an existing Device or firmware, {d) new third-party carrier certification and/or
connection. Professional Services may be obtained from Alianza pursuant to a duly executed SOW defining the specific terms
and conditions related to such Professional Services engagement. The SOW will document the scope, limelines, divisions of
responsibilities and costs.
Alianza Master Services Agreement -Confidential -8
Page 50
EXHIBIT B: SERVICE DESK POLICY
1.Support Tiers -
a)Tier 1 -Customer is responsible for providing Tier 1 support to End Users. Tier 1 support agents are expected to makechanges to VoIP Services through the Alianza Admin Portal on an End User's behalf. Tier 1 agents should resolve basic
voice problems and perform basic troubleshooting and documentation.
b)Tier 2 -Customer is responsible for providing Tier 2 support. Tier 2 support is responsible for the troubleshooting,
diagnosis and further documentation of Issues that Tier 1 is not able to resolve. Examples of Tier 2 issues Include
problems with Customer's data network, End User's data network, or Devices. Tier 2 escalates issues to Tier 3 support
that originate outside of Customer's data network, End User's data network, or Devices.
c)Tier 3 -Alianza is responsible for providing Tier 3 support directly to Customer's Tier 2 representatives. Tier 3 is
responsible for diagnosing, resolving, and/or further documentation of complex or advanced issues within Alianza's Cloud
Voice Platform.
d)Tier 4 -Alianza is responsible for providing Tier 4 support. Tier 4 support is responsible for the troubleshooting, diagnosis,
and resolution of deeply complex issues within the Alianza Cloud Voice Platform or with external third parties. Alianza's
Tier-4 personnel will engage Alianza operations and engineering resources as required.
2.Incident Tracking and Escalation -The recommended method for Customer to contact Support is through the dispatch of aticket. The creation of the ticket allows Alianza's support department to follow up and track the incident with efficiency and comply
with the response times and service levels. Alianza will publish and update a current Alianza escalation list which will include all
contact information for key Alianza teams and employees.
3.Priority Definitions & Response Times -All incidents escalated by Customer to Alianza should be assigned the appropriate
priority (by Customer's agents) from level from 1 through 5 based on the descriptions below. Alianza response time is based on
the priority of the issue. A response is defined as a notification or update from Alianza acknowledging the issue and/or laying out
a specific plan and timeline to resolve. Response time is calculated from the time the Customer dispatches the ticket to Alianza
until the time when Alianza provides a response to the ticket; note that a response may not constitute a work-around or a permanentsolution.
Priority Response Workaround Workaround Description: or Solution or Solution Level: Time: (non-bug): {bug):
Priority 1 is reserved for critical, system-wide outages that affect all All Alianza resources are
1 End Users. Examples include the inability to place or receive calls 20 Minutes mobilized to resolve the or all Devices de-registering. issue
Priority 2 is reserved for critical service outages that don't meet the Designated Alianza
2 Priority 1 severity. Examples include service outages that are limited 1 Hour resources are mobilized to to a specific geography or issues with specific features or resolve the issue functionality that is not working properly.
Priority 3 issues are customer Impacting but not critical. Examples of 4 Business Within 3 Next 3 priority 3 issues would be carrier related issues, call quality Hours business software problems, Device related issues or service requests. days release
Priority 4 issues are based on a low urgency and business impact. 8 Business Within 7 Defined on 4 Priority 4 issues are similar to priority 3 issues but either have less Hours business a case-by-
impact or lower urgency. days case basis
5 Priority 5 issues are for feature requests. 3 Business Best Effort Days
4.Scheduled Maintenance -"Scheduled Maintenance· means the time that Alianza schedules in advance to perform and
implement maintenance, bug fixes, platform upgrades and new feature releases that may result in service disruption. Alianza does
not provide notice for maintenance, bug fixes, platform upgrades and new feature releases that are reasonably determined not to
result in a risk of service disruption. Alianza will provide Customer a minimum of 5 days' prior notice before performing ScheduledMaintenance. Alianza will use commercially reasonable efforts to perform such maintenance between 12:00 AM and 3:00 AM
Alianza Master Services Agreement -Confidential -9
Page 51
Mountain time. In the event that Scheduled Maintenance includes changes or enhancements that necessitate more than eight
hours of development effort from Customer (i.e. API changes), Alianza will (a) provide Customer at least 90 days' notice prior to making any such changes, and/or (b) use commercially and technically reasonably efforts to maintain the legacy functionality in
place for no less than 90 days after such Scheduled Maintenance. In any event, Alianza will provide no less than 30 days prior
notice before making any API changes.
5.Service Levels
Core Services Availability -Core Services are considered
"unavailable" if Alianza's Cloud Voice Platform is unable to
process End User calls for reasons other than an Excused Outage. Down-time is calculated from the time at which
Customer submits a formal ticket with Alianza's Service Desk
reporting an outage until the time at which availability is reestablished. For clarity, any core service impacting event originating in Customer's network, or any Third-party
Service, will not impact the Core Services Availability
calculation. In the event that Alianza does not meet the
Service Level for Core Services Availability, Customer shall
be entitled to a service credit on the following month's MRCs
invoiced for Voice Service Licenses. The credit amount shall
be based on the cumulative unavailability of the Core Services during the specific calendar month (as set forth in
the table below), multiplied by the percentage of End Users
impacted (based on best effort calculations using call detail
records and/or other data).
Cumulative Unavailability Service Level Credit
(In hrs:mins:secs) {% of VSL MRC)
00:00:01 -00:10:00 0%
00:10:01 - 00:43:48 5%
00:43:49 -02:00:00 10%
02:00:01 + 15%
Supporting Services Availability-Supporting Services are
considered "unavailable" If a specific calling feature is or a supporting service (such as Alianza's Administrative Web
Portal or API) is inoperable for reasons other than an
Excused Outage. Down-time is calculated from the time at
which the Customer submits a formal ticket with Alianza's
Service Desk reporting an incident until the time at which
service is reestablished. For clarity, any supporting service
impacting event originating in Customer's network or any
Third-party Service will not Impact the Supporting Services
Availability calculation. In the event that Alianza does not
meet the Service Level for Supporting Services Availability,
Customer shall be entitled to a service credit on the following
month's MRCs invoiced for Voice Service Licenses. The
credit amount is based on the cumulative unavailability of the
Supporting Services during the specific calendar month (as set forth in the table below), multiplied by the percentage of
End Users impacted (based on best effort calculations using
call detail records and/or other data).
Cumulative Unavailability Service Level Credit
(in hrs:mins:secs) (% of VSL MRC}
00:00:01 -00:43:48 0%
00:43:49 -04:00:00 5%
04:00:01 -12:00:00 10%
12:00:01 + 15%
To request a credit, Customer must deliver a written request to Alianza (with sufficient detail) within 30 days of the end of the
month in which the credit was accrued.
6.Chronic Outage -In the event that Core Services are unavailable for more than two consecutive hours in three consecutive
calendar months, or for more than 24 hours in the aggregate in any calendar month, excluding any Excused Outage (a "Chronic
Outage"), Customer may, as its sole remedy, terminate this Agreement without penalty, payment of early termination fees, orpayment of liquidated damages. This termination right based on a Chronic Outage must be exercised (via formal notice to Alianza)
within 30 days of the event giving rise to it.
Alianza Master Services Agreement-Confidential -10
Page 52
SERVICES SCHEDULE
ALIANZA CARRIER AND EMERGENCY SERVICES
This Service Schedule is incorporated into, and shall form a part of, the Master Services Agreement ("Agreement").
1.Al lanza Carrier and Emergency Services: Alianza shall be responsible for providing all wholesale carrier services and E911
emergency services to Customer as set forth in this service schedule and the attached Schedule A (in Excel format). Carrier
Services provided by Alianza may not be used for any automated call center applications, call blasting or other mass calling
or mass faxing applications.
2.Pricing & Deposit: Pricing is defined in the attached Schedule A and may be modified by Alianza after 1S.days notice to
Customer. Pricing changes are limited to changes in applicable laws, regulations, or underlying costs which materially affect the
cost for Alianza to provide carrier services or E911 emergency services. If Customer is late on two or more payments in any six
month period, or Alianza invokes its right to suspend services as outlined in the MSA, Alianza may, at its sole discretion, may
require a deposit up to an amount equal to the prior two month's total amount invoiced by Alianza.
3.Emergency Services: Alianza's emergency services facilitate the routing of emergency calls from End Users (located in the
United States and Canada) to an E911 service bureau; which routes calls to the appropriate Public Safety Access Point ("PSAP")
or call center; based on the physical location currently registered in the Cloud Voice Platform as the End User's address. Alianza's
emergency services are exclusive of services offered by PSAPs or other emergency services call centers; which are considered
Third Party Services.
4.REQUIREMENT TO REGISTER AND UPDATE LOCATION INFORMATION. CUSTOMER IS REQUIRED TO REGISTER A
VALID AND VERIFIED PHYSICAL LOCATION WITH ALIANZA OF EACH END USER'S VOICE EQUIPMENT (PHONE OR
SOFTPHONE) UPON ORIGINAL PROVISIONING OF VOiP SERVICES AND tMMEDIATEL Y UPON ANY LOCATION CHANGE.
CUSTOMER ACKNOWLEDGES, AND WILL INFORM END USERS, THAT THE PHYSICAL LOCATION REGISTERED FOR
THE END USER'S EQUIPMENT WILL BE THE ONLY LOCATION TRANSM ITTED TO THE EMERGENCY CALL TAKER AND
FAILURE TO MAINTAIN ACCURATE LOCATION INFORMATION, E911 COMMUNICATIONS MAY NOT FUNCTION
PROPERLY. WHEN CUSTOMER NOTIFIES ALIANZA OF A CHANGE IN THE REGISTERED LOCATION OF AN END USER,
THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAIALABLE TO ROUTE 911 CALLS AND TO
ADVISE THE APPROPRIATE EMERGENCY CALL TAKER OF THE NEW REGISTERED LOCATION.
5.VOiP 911 LIMITATIONS AND RESTRICTIONS. CUSTOMER ACKNOWLEDGES THAT E911 SERVICE DOES NOT HAVE
THE SAME FUNCTIONALITY OR AVAILABILITY AS THAT ASSOCIATED WITH TRADITIONAL WIRELINE 911 SERVICES,
AND IS SUBJECT TO CERTAIN LIMITATIONS AND RESTRICTIONS INCLUDING THOSE DESCRIBED HEREIN. CUSTOMER
ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT HAS BEEN INFORMED BY ALIANZA, AND WILL INFORM ALL
END USERS, AND REQUIRE END USERS TO NOTIFY ANY POTENTIAL USER OF THE VOiP SERVICES, THAT E911
SERVICES WILL NOT FUNCTION OR WILL NOT FUNCTION PROPERLY FOR ANY OF THE FOLLOWING REASONS:
a.Customer fails to provide Alianza with an accurate, verified and up to date physical location of the voice handset.
b.Loss or interruption of electrical power to a user's telephone, ATA, modem, router, switch or any other devices in the
critical path between the user's Device and Alianza's Cloud Voice Platform.
c.Loss or interruption of Internet access at the user's location.
d.Improper installation or failure of Device, software or any other devices in the critical path between the user's telephone
handset and Alianza's Cloud Voice Platform.
e.Suspension, disconnection, terrninalion or failure of the service to function for any reason.
f.The user attempts a 911 call from a location/address different than the location/address registered with Alianza.
g.Due to technical factors in network design or due to network congestion there may be a possibility of a busy signal or
abnormal wait times
6.911 DISCLOSURE/ACKNOWLEDGEMENT. CUSTOMER IS RESPONSIBLE FOR ENSURING THAT ALL END USERS
AGREE TO A 911 SERVICE LIMITATION DISCLOSURE/ACKNOWLEDGEMENT BEFORE INITIATING ANY VOiP SERVICES,
WHEREIN THE END USER ACKNOWLEDGES THAT IT UNDERSTANDS THE LIMITATIONS ON VOiP 911 SERVICE AS
COMPARED TO TRADITIONAL WIRELINE SERVICE.
7.911/ E911 LIMITATION OF LIABILITY/ INDEMNITY. ALIANZA AND ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS, AGENTS, LICENSOR$, SUPPLIERS, AND RESELLERS WILL HAVE NO LIABILITY TO
Alianza Master Services Agreement-Confidential -11
Page 53
CUSTOMER, ITS END USERS, OR ANY THIRD PARTY, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION,
ARISING OUT OF OR RELATED TO CUSTOMER, ITS END USERS, OR ANY THIRD PARTY'S INABILITY TO DIAL 911 OR
ANY EMERGENCY TELEPHONE NUMBER OR ACCESS AN EMERGENCY SERVICE OPERATOR OR EMERGENCY
SERVICE. TO THE EXTENT LEGALLY ALLOWED, CUSTOMER HEREBY RELEASES AND AGREES TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS ALIANZA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS,
AGENTS, LICENSORS, SUPPLIERS, AND RESELLERS FROM ANY AND ALL CLAIMS, LIABILITY, DAMAGES, LOSSES,
EXPENSES, AND/ OR COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COSTS OF SUIT) BY OR ON
BEHALF OF CUSTOMER ARISING FROM OR RELATED TO THE FAILURE OF 911/E911 TO FUNCTION OR FUNCTION
PROPERLY OR ALIANZA'S PROVISION OF 911/ E911 SERVICES OR FAILURE TO PROVIDE ACCESS TO 911/ E911
SERVICES.
Allanza Master Services Agreement-Confidential -12
Page 54
TOWN BOARD MEETING
July 14, 2020
Report and Discussion Item 1. Estes Valley
Investment in Childhood Success – Introduction
of New Executive Director.
There are no materials for this item.
Page 55
Page 56
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson
Date: July 14, 2020
RE: Liquor Licensing: Transfer of a Hotel and Restaurant Liquor License from
Rocky Mountain Hotel Properties I, LLC dba Estes Park Resort & Hotel to
Mona Lisa LLC, dba The Dunraven Inn, 1700 Big Thompson Avenue,
Estes Park, CO 80517.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Transfer of a Hotel and Restaurant liquor license held by Rocky Mountain Hotel
Properties I, LLC dba Estes Park Resort and Hotel at 1700 Big Thompson Avenue to
Mona Lisa LLC, dba The Dunraven Inn.
Present Situation:
A Hotel and Restaurant Liquor License is currently held by Rocky Mountain Hotel
Properties I, LLC dba Estes Park Resort & Hotel. The applicant is requesting a transfer
of the license to Mona Lisa LLC, dba The Dunraven Inn and submitted a complete
application to the Town Clerk’s office on June 5, 2020. A temporary permit was issued
on June 5, 2020. The temporary permit authorizes the transferee to continue the sale of
alcohol beverages as permitted under the permanent license while the application to
transfer ownership of the license is pending.
The applicant has submitted all necessary paperwork and fees and completed TIPS
training. The owner of Mona Lisa LLC has owned a liquor license in Colorado and is
aware of the liquor laws.
Proposal:
Town Board review and consideration of the application to transfer to Mona Lisa LLC,
dba The Dunraven.
Advantages:
TOWN CLERK’S OFFICE Memo
Page 57
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business during the licensing process.
Action Recommended:
Approval to transfer the existing Hotel and Restaurant Liquor License to Mona Lisa LLC,
dba The Dunraven.
Finance/Resources Impact:
The fee paid to the Town of Estes Park for a Hotel and Restaurant Liquor License
transfer is $1319. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the renewal fee
payable to the Town for a Hotel and Restaurant Liquor License is $869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Hotel and Restaurant Liquor
License filed by Mona Lisa LLC, dba The Dunraven.
Attachments
1. Procedures for Transfer
2. Application
3. Individual History
4. Police Report
Page 58
April2003PROCEDUREFORTRANSFEROFLIQUORLICENSETOWNCLERK.Willpresenttheapplicationandconfirmthefollowing:ETheapplicationwasfiledJune5,2020ETheTownhasreceivedallnecessaryfeesandhearingcosts.ETheapplicantisfilingasaLLCEThereisapolicereportwithregardtotheinvestigationoftheapplicants.StatusofT.I.P.S.Training:_________UnscheduledXCompleted__________PendingConfirmationMOTION:ImovetheTransferApplicationfiledbyMonaLisaLLCdoingbusinessasTheDunravenforaHotelandRestaurantLicensebeapproved/denied.ATTACHMENT 1Page 59
DR 8404 (01/06/20)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Colorado Liquor
Retail License Application □New License □ New-Concurrent � Transfer of Ownership □ State Property Only
•All answers must be printed in black ink or typewritten
•Applicant must check the appropriate box(es)
•Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcementlliquor
1.Applicant is applying as a/an D Individual � Limited Liability Company □Association or OtherD Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships)
2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation I FEIN NumberMorv:,..... \ ;sc.... LLG
2a. Trade Name of Establishment (DBA)I State Sales Tax Number Business Telephone1°N!. 'vvl\l�ve,I\ -C. /\"'1�cto)068· ooo<> °'17-0•>'K6-6vc, <t
3.Address of Premises (specify exact location of premises, include suite/unit numbers)
J t-:/-CJO o: a 7ho ""t> Sor-. Ave.
City ..) \ County State ZIP Code t:} £�1e.s ?c..r ,< J�1i.r-e.r co �S-1
4.Mailing Address (Number and Street)City or Town State ZIP Code
'::/--I '7-00 O :0... 1ho�"Ave--l=�/eS re...tK co �OSI
5. Email Address .., °'-"dv. r} ""' r�ve"',"' I\ Q �.--c.·. \ . co""'
6.If the pren/ises currently has a liquor or beer license, you must answer the following questions
Present Trade Name of Establishment (OBA)E�ies 'Pc.r ll �Sor+--,q-Uo/.e/ I Present State License Number I Present Class of License&.i-'l-11:J.36 -000<'.) )I J. 'Q Pres� Ef.iration Date
/0 'I;}. i:X>�O
Section A Nonrefundable Application Fees Section B (Cont.) Liquor License Fees
D Application Fee for New License ............................................ $1,550.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50 D Application Fee for New Licensew/Concurrent Review ............ $1,650.00 D Lodging & Entertainment -L&E (City) ................................................. $500.00 ]XI Application Fee for Transfer ................................................... $1,550.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00
Section B Liquor License Fees D Manager Registration -H & R ................................................................ $75.00
D Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -Tavem ............................................................... $75.00 D Manager Registration -Lodging & Entertainment... ............................. $75.00 D Add Related Facility to Resort Complex$75.00 X Total D Manager Registration -Campus Liquor Complex ............................... $75.00 □Add Sidewalk Service Area .................................................................... $75.00 D Optional Premises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) .......................................................................... $308.75 D Racetrack License (City) ....................................................................... $500.00 D Beer and Wine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility-Campus liquor Complex (State) ............................ $160.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 D Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County) ................................ $312.50 D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... $227.50 Bl Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50 D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. $750.00
Questions? Visit: www.colorado.gov/enforcementlliquorfor more information
Do not write in this space -For Department of Revenue use only
Liability Information
License Account Number I Liability Date I License Issued Through (Expiration Date)Total
$
ATTACHMENT 2
Page 60
DR8404(01/06/20)NameTypeofLicensec-’IAccnintMimhpr:)..HoItt-_z___7.Istheapplicant(includinganyofthepartnersifapartnership;membersormanagersifalimitedliabilitycompany;orofficers,YesNostockholdersordirectorsifacorporation)ormanagersundertheageoftwenty-oneyears?8.Hastheapplicant(includinganyofthepartnersifapartnership;membersormanagersifalimitedliabilitycompany;orofficers,stockholdersordirectorsifacorporation)ormanagersever(inColoradooranyotherstate):aBeendeniedanalcoholbeveragelicense?b.Hadanalcoholbeveragelicensesuspendedorrevoked?c_Hadinterestinanotherentitythathadanalcoholbeveragelicensesuspendedorrevoked?tfyouansweredyesto8a,borc,explainindetailonaseparatesheet.9Hasaliquorlicenseapplication(samelicenseclass),thatwaslocatedwithin500feetoftheproposedpremises,beendeniedwithintheflprecedingtwoyears?If“yes”,explainindetail.______________________________________________________________________1oArethepremisestobelicensedwithin500feet,ofanypublicorprivateschoolthatmeetscompulsoryeducationrequirementsofColoradolaw,ortheprincipalcampusofanycollege,universityorseminary?orWaiverbylocalordinance?EEOther:___________________11.IsyourLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within1500feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwithapopulationofgreaterthan(>)10,0000?NOTE:Thedistanceshallbedeterminedbyaradiusmeasurementthatbeginsat theprincipaldoorwayoftheLLDS/RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoor-LILIwayoftheLicensedLLDS/RLS.12.IsyourLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within3000feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwithapopulationoflessthan(<)10,0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldoorwayoftheLLDS/RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipalLILIdoorwayoftheLicensedLLDS/RLS.13a.ForadditionalRetailLiquorStoreonly.WasyourRetailLiquorStoreLicenseissuedonorbeforeJanuary1,2016?/j/4LILI13b.AreyouaColoradoresident?LI14.Hasaliquororbeetlicenseeverbeenissuedtotheapplicant(includinganyofthepartners,ifapartnership;membersormanagerifaLimitedLiabilityCompany;orofficers,stockholdersordirectorsifacorporation)?Ifyes,identifythenameofthebusinessandlistanycurrentfinancialinterestinsaidbusinessincludinganyloanstoorfromalicensee.15.Doestheapplicant,aslistedonline2ofthisapplication,havelegalpossessionofthepremisesbyownership,leaseorotherLILIarrangement?LIOwnershipLeaseLIOther(ExplaininDetail)______________________________________________________________________a.Ifleased,listnameoflandlordandtenant,anddateofexpiration,exactlyastheyappearonthelease:LandlordITenantExpirsP%cc-KjI1cel?ro’er-e),‘LLCb.Isapercntageofalcoholsalesincludedascompensationtothelandlord?Ifyes,completequestionI6.C.Attachadiagramthatdesignatestheareatobelicensedinblackboldoutline(includingdimensions)whichshowsthebars,brewery,walls,partitions,entrances,exitsandwhateachroomshallbeutilizedforinthisbusiness.Thisdiagramshouldbenolargerthan81/2”X17”.16.Who,besidestheownerslistedinthisapplication(includingpersons,firms,partnerships,corporations,limitedliabilitycompanies)willloanorgivemoney,inventory,furnitureorequipmenttoorforuseinthisbusiness;orwhowillreceivemoneyfromthisbusiness?Attach aseparatesheetifnecessary.LastNameFirstNameDateofBirthFEINorSSNInterest/Percentage?‘iôttç(c,u’A4e”:r/-1oIel?Co?’e5/O%LastNamefIFirstNameDateofBirthFEINorSSNInterest/Percentage?oL%fTh’rk.r)1t4&?toi4e5)3,ooOAttachcojiesofallnotesandsecurityinstrumentsandanywrittenagreementordetailsofanyoralagreement,bywhichanyperson(includingpartnerships,corporations,limitedliabilitycompanies,etc.)willshareintheprofitorgrossproceedsofthisestablishment,andanyagreementrelatingtothebusinesswhichiscontingentorconditionalinanywaybyvolume,profit,sales,givingofadviceorconsultation.17.OptionalPremisesorHotelandRestaurantLicenseswithOptionalPremises:Hasalocalordinanceorresolutionauthorizingoptionalpremisesbeenadopted?LI1NumberofadditionalOptionalPremiseareasrequested.(Seelicensefeechart)I18.FortheadditionofaSidewalkServiceAreaperRegulation47-302(A)(4),includeadiagramoftheserviceareaanddocumentationreceivedfromthelocalgoverningbodyauthorizinguseofthesidewalk.Documentationmayincludebutisnotlimitedtoastatementofuse,permit,easement,orotherlegalpermissions.19.LiquorLicensedDrugstore(LLDS)applicants,answerthefollowing:a.Isthereapharmacy,licensedbytheColoradoBoardofPharmacy,locatedwithintheapplicant’sLLDSpremise?/hLILIIf“yes”acopyoflicensemustbeattached.3Page 61
DR2404(01106/20)‘—-‘NameTypeofLicense%,_-AccountNumbir.---..Hc’I€l?e5,Lc%JtJ120.ClubLiquorLicenseapplicantsanswerthefollowing:AttachacopyofapplicabledocumentationIa.istheapplicantorganizationoperatedsolelyforanational,social,fratemal,patriotic,politicalorathleticpurposeandnotforpecuniarygain?LIUb.istheapplicantorganizationaregularlycharteredbranch,lodgeorchapterofanationalorganizationwhichisoperatedsolelyfortheobjectofapatrioticorfraternalorganizationorsociety,butnotforpecuniarygain?_________c.Howlonghastheclubbeenincorporated?‘j”IU.Hasapplicantoccupiedanestablishmentforthreeyears(threeyearsrequired)thatwasoperatedsolelyforthereasonsstatedabove?UU21.Brew-Pub,DistilleryPuborvintnersRestaurantapplicantsanswerthefollowing:a.HastheapplicantreceivedorappliedforaFederalPermit?(Copyofpermitorapplicationmustbeattached)22.CampusLiquorComplexapplicantsanswerthefollowing:a.Istheapplicantaninstitutionofhighereducation?YesNo,ii/*UUb.Istheapplicantapersonwhocontractswiththeinstitutionofhighereducationtoprovidefoodservices?UUIf“yes’pleaseprovideacopyofthecontractwiththeinstitutionofhighereducationtoprovidefoodservices.23.Forallon-premisesapplicants.a.HotelandRestaurant,LodgingandEntertainment,TavernLicenseandCampusLiquorComplex,theRegisteredManagermustalsosubmitanIndividualHistoryRecord-DR8404-IandfingerprintsubmittedtoapprovedStateVendorthroughtheVendor’swebsite.Seeapplicationchecklist,SectionIV.fordetails.b.ForallLiquorLicensedDrugstores(LLDS)thePermittedManagermustalsosubmitanManagerPermitApplication-DR$000andfingerprints.LastNameofManagerFirstNameofManager1flOtc%Gr\4fdfeu)24.Doesthismanageractastl1’managerof,orhaveafinancialinterestin,anyotherliquorlicensedestablishmentintheStateofUUColorado?Ifyes,providename,typeoflicenseandaccountnumber.25.RelatedFacility-CampusLiquorComplexapplicantsanswerthefollowing:YesNoaIstherelatedfacilitylocatedwithintheboundariesoftheCampusLiquorComplex?,b//4UUIfyes,pleaseprovideamapofthegeographicallocationwithintheCampusLiquorComplex.Ifno,thislicensetypeisnotavailableforissuesoutsidethegeographicallocationoftheCampusLiquorComplex.b.DesignatedManagerforRelatedFacility-CampusLiquorComplexLastNameofManagerFirstNameofManager26.TaxInformation.YesNoa.Hastheapplicant,includingitsmanager,partners,officer,directors,stockholders,members(LLC),managingmembers(LLC),oranyUotherpersonwitha10%orgreaterfinancialinterestintheapplicant,beenfoundinfinalorderofataxagencytobedelinquentinthepaymentofanystateorlocaltaxes,penalties,orinterestrelatedtoabusiness?b.Hastheapplicant,includingitsmanager,partners,officer,directors,stockholders,members(LLC),managingmembers(LLC),oranyUotherpersonwitha10%orgreaterfinancialinterestintheapplicantfailedtopayanyfeesorsurchargesimposedpursuanttosection44-3-503,CR5.?27.Ifapplicantisacorporation,partnership,associationorlimitedliabilitycompany,applicantmustlistallOfficers,Directors,GeneralPartners,andManagingMembers.Inaddition,applicantmustlistanystockholders,partners,ormemberswithownershipof10%ormoreintheapplicant.AllpersonslistedbelowmustalsoattachformDR$404-I(IndividualHistoryRecord),andmakeanappointmentwithanapprovedStateVendorthroughtheirwebsite.Seeapplicationchecklist,SectionIV,fordetails.NameHomeAddress,City&StateCcDO,IPosition%Owned1frdCeiK.iaie’çkr’,e,cAMerI_coNameHomeAddress,CityStateDOBPosition%OwnedName.HomeAddress,City&StateDOBPosition%OwnedNameHomeAddress,City&StateDOSPosition%OwnedNameHomeAddress,City&StateDOBPosition%Owned**Ifapplicantisowned100%byaparentcompany,pleaselistthedesignatedprincipalofficeronabove.**Corporations-thePresident,Vice-President,SecretaryandTreasurermustbeaccountedforabove(Includeownershippercentageifapplicable)**Iftotalownershippercentagedisclosedheredoesnottotal100%,applicantmustcheckthisbox:1Applicantaffirmsthatno individualotherthanthesedisclosedhereinownsI0%ormoreoftheapplicantanddoesnothavefinancialinterestinaprohibitedliquorlicensepursuanttoArticle3or5,C.R.S.4Page 62
9LILIpO!JOdquow(IieAjav]O!]deqT5U!]flp‘poo’oBIBSaqWO]P8A!]8P8WODU!IflUUssoi6sjueoddeeqo(%O)iueoiediueijseejjeAeq(saii)eios5nipesueo!7-]onb!7eqseo.97w9a778SU83fleqjoAMJOOped!ou!Jdeqjespuepueepew6ueqs!uo!1o!Iddeeqqo!Miojses!weJdsiwsaiieqoAeivuoopeU!ou!Jdeqesu6eqequeweinseewsnpeJeAqpeuwJeepeqiieseouespeq:3JcjElLitoooo’o>ouoqendodqIMUO!3!pSi]fl1Usetesses!we]d14°]OJesue3ionbij1!eleJeqoujoeeooo’uqM()eiosJonb!7I!eTeio(saii)ejos6nJapesue!7onb!7eqSIDLIOOOOO<oUO!eIfldOdefl!MUOiDipSUfl1U!seisses!we]dON]Oflb!II!eleeqoueoeej009’U!qM(sid)eJoTsionbijjejiotsaii)aios5rnpesueo!7Jonb!7eqIeeaejjupde]neu6!e4EaejjTU!JdeJnju6A4un03LI‘!3UMOILIiaqwneuoqdeeiooqnvOu!sueD!7eDo]paAo]ddeS!UOfeD!IddS!Lfl‘GJOJOJ9Ljjsenionbipue‘seio‘-oIDflJVVVeijjosuo!s!AwdeqqM/IdWOOII!MpuesjueqeiuInPeeqjosesepeqpuepooqJoqq6eueqjosiueweinbeiejqeuoseeieqeewhIM‘peuei6!‘eSue!IOflSeqpodeiopeAJope4Sqeseieueo!Iddeeqoepeeqopue‘pepnpuooeqosseusnq‘ses!weideqpuepeuwexeueeqseqUO!leD!Idde6uo6eiojeqT!.JoneOu!sueo!IeesjoIeAoUdeuodnuopedSulDflpUODtI!MfleeppeedpgueJOuofloedsu!10eeafl(euQoeq)esueoiiJOSSEjO!e46upajjesuo!s!AoJdepooJonb!Ioeieepuelfl!Meoue!ldwoou!5!lueo!IdUeeqeqjeinsueoses!we]dpesododeqjouoioedsuue4DflpUOO0;Spueu!Jop8TOflpuODseq/T!JoLflne1e301eqjeqjsiueiie6u!puelslno]04)jOBi4O3133/OIDN6u!pnpuuoqe6qseAuipunoi5joeqope[qnsLIpew!Jthe8u!dLI:ueeqseq(!wJedie6eue)oooeiaeJo(piooeMOS!HIenp!A!pul)-oaeiopeJnbeJuosiedpeeeqswijjicqeJeon’6u!SueD!7I3O7eq(uofle!Iddeoeepwoisi’epoueqsseeqouueosueo!Iddeesueo!IMauio)5uieeqAjpoqneIe3OIOeeaJoneoo1!MpejuoqeDiddeeeafAUflO3!A!3)A!Jonnv6U!SUe!7I01:10i0jd1dVPodeNJQeuLNewdesueo!jiWpejeqO!qMepoQieeeoJonbflopeiooeqjoSUO!S!AOJUeqlfl!MAIUWODOseeAotdwepuesiue6e/wjoeqpueAw!T!eqe5pelMouNoeoseIe6PeIMOUicwcseqeqoeleldwoopue‘D8iJODenieiesuewqoee1I8pueuo!Teo!Iddesqeei6eppuooesequ!&nfiedoAIeuediepunee,oepI______ueoIiddVOL1WOJa-IQH,---eqwn4UJUDyeSUeO!740edAjewe(oI9ono)vovsNaPage 63
DR8495(07/23/19)COLORADODEPARTMENTOFREVENUELiquorEnforcementDivisionTaxCheckAuthorization,Waiver,andRequesttoReleaseInformationI,,‘1Ote’J1lcCG%%c.f%%amsigningthisTaxCheckAuthorization,WaivRdRequesttoReleaseInformation(hereinafter“Wair”)onbehalfof1io)5c//C1)A]1tc4’.,(the“Applicant/Licensee”)topermittheColoradoDepartmentofRevenueandanyotherstateorlocaltaxingauthoritytoreleaseinformationanddocumentationthatmayotherwisebeconfidential,asprovidedbelow.IfIamsigningthisWaiverforsomeoneotherthanmyself,includingonbehalfofabusinessentity,IcertifythatIhavetheauthoritytoexecutethisWaiveronbehalfoftheApplicant/Licensee.TheExecutiveDirectoroftheColoradoDepartmentofRevenueistheStateLicensingAuthority,andoverseestheColoradoLiquorEnforcementDivisionashisorheragents,clerks,andemployees.TheinformationanddocumentationobtainedpursuanttothisWaivermaybeusedinconnectionwiththeApplicant/Licensee’sliquorlicenseapplicationandongoinglicensurebythestateandlocallicensingauthorities.TheColoradoLiquorCode,section44-3-101.etseq.(“LiquorCode”),andtheColoradoLiquorRules,ICCR203-2(“LiquorRules”),requirecompliancewithcertaintaxobligations,andsetforththeinvestigative,disciplinaryandlicensureactionsthestateandlocallicensingauthoritiesmaytakeforviolationsoftheLiquorCodeandLiquorRules,includingfailuretomeettaxreportingandpaymentobligations.TheWaiverismadepursuanttosection39-21-113(4),C.R.S.,andanyotherlaw,regulation,resolutionorordinanceconcerningtheconfidentialityoftaxinformation,oranydocument,reportorreturnfiledinconnectionwithstateorlocaltaxes.ThisWaivershallbevaliduntiltheexpirationorrevocationofalicense,oruntilboththestateandlocallicensingauthoritiestakefinalactiontoapproveordenyanyapplication(s)fortherenewalofthelicense,whicheverislater.Applicant/Licenseeagreestoexecuteanewwaiverforeachsubsequentlicensingperiodinconnectionwiththerenewalofanylicense,ifrequested.Bysigningbelow,Applicant/LicenseerequeststhattheColoradoDepartmentofRevenueandanyotherstateorlocaltaxingauthorityoragencyinthepossessionoftaxdocumentsorinformation,releaseinformationanddocumentationtotheColoradoLiquorEnforcementDivision,andisdulyauthorizedemployees,toactastheApplicant’s/Licensee’sdulyauthorizedrepresentativeundersection39-21-113(4),CR5.,solelytoallowthestateandlocallicensingauthorities,andtheirdulyauthorizedemployees,toinvestigatecompliancewiththeLiquorCodeandLiquorRules.Applicant/Licenseeauthorizesthestateandlocallicensingauthorities,theirdulyauthorizedemployees,andtheirlegalrepresentatives,tousetheinformationanddocumentationobtainedusingthisWaiverinanyadministrative orjudicialactionregardingtheapplicationorlicense.Name(Individual/Business)SocialSecurItyNumber/TaxIdentificationNumberTL__Oc‘eZ____________________________Address1ootCity.-.-IStateZips4esPc4/<CoHomePhoneNumberBusiness/WorkPhoneNumberPrintednameofpersonsigningonbehalfoftheApplicant/LicenseeIcknd!e(JKOOt&crApplicant/Linsee’sSignature(Signature’ethoriingthedisclosureofconfidentialtaxj,ferrnation)Datesiged,7/oPrivacyAc1yStaementProvidingyourSocialSecurityNumberisvoluntaryandno[gJt’benefitorprivilegeprovidedbylawwillbedeniedasaresultofrefusaltodiscloseit.§7ofPrivacyAct,5USCS§552a(note).Page 64
1‘t=.1_____IItf?---w__.___IfIf(?7I.ziioVjTtyXy-;:,4/vQccQ*c;11c:•-r’t)Vc.5ts,t’d(iJ”‘J;:i4372/__P.--LIr:,‘.00I‘AvJ,]vr)4fi1LQj:-vi‘°5:t‘°‘_JIriI1)I’dPi,1k4II44--rwhFiIê__4FLk-LIJLrI‘ErfI%JaDJI__IIL.1‘%/101t3-:1rrPage 65
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.• DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number I Cellular Number-r�� '\)...,.,._,o.,,J�I'\ 'I.I'll'\
. °17-0 -5"0, 0-0Jr:/-6 2.Your Full Name (last, first, middle)fVloro.....�" P."d1eu/ Ke:-1-� 3.List any other names you have usedAitJD'Y' 4.Mailing acraress (if different from residence)Email Address A"'dv. dv.,.. (' °'vel\ : /\� 0..,.'i"'e..: J. Cot"'\ 5.List current residence address. Include any previous addresses within the last five yJars. (Attach separate sheet if necessary)
Street and Number Current lot-;/.5"/e:x:/\n....-toA }c.r.fL Previous ....J
City, State, Zip
EsJes ?c..,K , co.
From
�o�l1-�13
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From
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7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
To
PreSel\J.
To
r,eservJ.
Name of Relative Relationship to You Position Held Name of Licensee
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,�Yes 0No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
-r�e. \)v/\lc...�e" ;:i. "'" hh!:, a-. cvrr "'" -1-l:ce,,. se., Wovld I : l<c? -lo ilMSfet.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes �Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
ATTACHMENT 3
Page 70
DR8404-I(03/20/19)10.Haveyoueverbeenconvictedofacrimeorreceivedasuspendedsentence,deferredsentence,orforfeitedbailforanyoffenseincriminalormilitarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)YesNo11.Areyoucurrentlyunderprobation(supervisedorunsupervised),parole,orcompletingtherequirementsofadeferredsentence?(lfyes,explainindetail.)YesiNoI2.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes,explainindetail.)YesI’No-PersonalandFinancialInformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationrequiredinquestion#13issolelyforidentificationpurposes.13a.Date0!Birthb.SocialSecurityNumberc.PlaceofBirth5fcS)eLAJ6ocJct::o.d.U.S.CitizenYesDNoelfr’Jaturlized,statewheref.Wheng.NameofDistrictCourth.NaturalizationCertificateNumberi.DateofCertificationj.lianAlien.GiveAlien’sRegistrationCardNumberk.PermanentResidenceCardNumberI.Heightm.Weightn.HairColoro.EyeColorp.Genderq.DoyouhaveacurrentDriver’sIirn”?lfso,givenumberandstate.??,k,,c1eS1’eiv\YesDNo#.,tateCO14.FinancialInformation.a.Totalpurchaseonceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedliabilitycompany,other.S.bb.Listthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessLncludinganynotes,loans,cash,servicesorequipment,operatingcapital,stockpurchasesorfeespaid.S0____________*ffcorporateinvestmentonlypleaseskiptoandcompletesection(a)**Sectionbshouldreflectthetotalofsectionscandec.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Type:Cash,ServicesorEquipmentAccountTypeBankNameLAmountd.Providedetailsofthecorporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparate_sheet_if_needed)Type:Cash,ServicesorEquipmentLoansAccountTypeBankNameAmount€CKsiio:yOI________e.LoanInformation(Attachcopiesofallnotesorloans)NameofLenderAddressTermSecurityAmount2,c,,j<of.skt..&/:tech)“e..loot000,?c4VOathofApplicantIdeclareunderpenaltyofperjurythatthisapUetionandallattachmentsaretrue,correct,andcompletetothebestofmyknowledge.Pridt€w{TitlentSignatureDatePage 71
TOWN OF ESTES P�
June 30, 2020
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
Dear Ms. Williamson:
RE: Mona Lisa LLC dba The Dunraven Inn
Morgan, Andrew K.
A check of the Estes Park Police Department local records on the above-named
individual was conducted. These records date back in our system to October
2004. There are no reports involving the business or the individual listed.
Wes Kufeld
Chief of Police, Estes Park Police Department
170 MACGREGOR A VE. P.O. BOX 1287 ESTES PARK, CO 80517 www .estes.org
Police Department
Wes Kufeld, Chief of Police
970-586-4000
www.estes.org/pd
ATTACHMENT 4
Page 72
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 14, 2020
RE: Liquor Licensing: New Beer & Wine Liquor License Application for
Mountain Home Café, Inc., dba Mountain Home Cafe, 457 E Wonderview
Avenue #C1, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Beer & Wine liquor license located at 457 E Wonderview Avenue
#C1, Estes Park, Colorado. Application filed by Mountain Home Café, Inc., dba
Mountain Home Cafe.
Present Situation:
An application for a new Beer & Wine liquor license was received by the Town Clerk’s
office on June 12, 2020. All necessary paperwork and fees were submitted; please see
the attached Procedure for Hearing on Application – New Liquor License for additional
information. The applicant is aware of the Town Board’s Training for Intervention
Procedures (TIPS) requirement and has not yet confirmed completion of the training.
The liquor license application has been sent to the Colorado Department of Revenue
Liquor Enforcement Division (LED) for a concurrent review as requested by the
applicant. This allows the LED to review the application simultaneously with the Town
and expedites the issuance of the new liquor license.
Proposal:
Town Board review and consideration of the application for a new Beer & Wine liquor
license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Page 73
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the application for a new Beer & Wine liquor license.
Finance/Resources Impact:
The fee paid to the Town of Estes Park for a new Beer & Wine Liquor license is $1,112.
The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for a Beer & Wine Liquor license is $662.
Level of Public Interest:
Low
Sample Motion:
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license. Based upon
these findings, I move that the application for a new Beer & Wine Liquor license filed by
Mountain Home Café, Inc, dba Mountain Home Cafe be approved/denied.
Attachments:
1. Procedure for Hearing
2. Application
3. Individual History
4. Police Report
Page 74
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of Mountain
Home Café, Inc., dba Mountain Home Cafe for a new Beer & Wine Liquor License
located at 457 E Wonderview Avenue #C1, Estes Park, Colorado.
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.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed June 12, 2020.
At a meeting of the Board of Trustees on June 23, 2020, the public hearing was
set for 7:00 p.m. on Tuesday, July 14, 2020.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.5 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation.
The property is zoned CO – Commercial Outlying which allows this type of
business as a permitted use.
The notice of hearing was published on June 26, 2020 .
The premises was posted on June 29, 2020 .
ATTACHMENT 1
Page 75
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
X Unscheduled Scheduled * Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3.APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4.OPPONENTS.
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.
5.MAYOR.
Ask the Town Clerk whether any 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 of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6.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 neighborhood 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.
Page 76
DR 8404 (01/06/20)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforeement Division
(303) 205-2300
Colorado Liquor
Retail License Application
D New License [t(New-Concurrent D Transfer of Ownership D State Property Only
•All answers must be printed in black ink or typewritten
•Applicant must check the appropriate box(es)
•Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcementlliquor
1.Applicant is applying as a/an D Individual D Limited Liability Company D Association or Other
[2Jcorporation D Partnership (includes Limited Liability and Husband and Wife Partnerships)
2.Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation FEIN Number
6. If the premises currently has a liquor or beer license, you must answer the following questions
Present Trade Name of Establishment (DBA) Present State License Number Present Class of License Present Expiration Date
Section A Nonrefundable Application Fees Section B (Cont.) Liquor License Fees
D Application Fee for New License ............................................ $1,550.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50
[2( Application Fee for New License w/Concurrent Review ............ $1,650.00 D Lodging & Entertainment -L&E (City) ................................................. $500.00 D Application Fee for Transfer ................................................... $1,550.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00
Liquor License Fees D Manager Registration -H & R ................................................................ $75.00
1-□-A_d _d _O _ti __ l _P __ . --t _H _&_R __ $_1_0 _0-00_X ____ li_o_ta _l -----t □ Manager Registration -Tavern ............................................................... $75.00 p ona remIses o ......... . ___ _ __ D Manager Registration -Lodging & Entertainment ... ............................. $75.00D Manager Registration -Campus Liquor Complex ............................... $75.00 D Optional Premises License (City) ......................................................... $500.00 D Optional Premises License (County) ................................................... $500.00 D Racetrack License (City) ....................................................................... $500.00 D Racetrack License (County) ................................................................. $500.00 D Resort Complex License (City) ............................................................. $500.00 D Resort Complex License (County) ....................................................... $500.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Re tail Gaming Tavern License (City) ................................................... $500.00 D Re tail Gaming Tavern License (County) .............................................. $500.00 D Re tail Liquor Store License-Additional (City) ...................................... $227.50 D Re tail Liquor Store License-Additional (County) ................................ $312.50 D Re tail Liquor Store (City) ....................................................................... $227.50 D Re tail Liquor Store (County) ................................................................. $312.50 D Tavern License (City) .......................................................................... $500.00 D Tavern License (County) .................................................................... $500.00 D Vintners Res taurant License (City) ...................................................... $750.00 D Vintners Res taurant License (County) ................................................. $750.00
Section B
D Add Related Facility to Resort Complex$75.00 X ___ Total __ _
0 Add Sidewalk Service Area .................................................................... $75.00 D Arts License (City) ................................................................................ $308.75 D Arts License (County) .......................................................................... $308.75
la"seer and Wine License (City) .............................................................. $351.25 D Beer and Wine License (County) ........................................................ $436.25
Brew Pub License (City) .................................................................... $750.00 D Brew Pub License (County) ................................................................. $750.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Club License (County) .......................................... , ............................. $308.75 D Distillery Pub License (City) ................................................................. $750.00 D Dis tillery Pub License (County) ........................................................... $750.00 D Hotel and Res taurant License (City) ................................................... $500.00 D Hotel and Restaurant License (County) ............................................ $500.00 D Hotel and Res taurant License w/one opt premises (City) ................. $600.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50
Questions? Visit: www.colorado.gov/enforcementlliquor for more information
Do not write in this s ace -For De artment of Revenue use onl
Liability Information
License Account Number Liability Date License Issued Through (Expiration Date) Total
$
ATTACHMENT 2
Page 77
4DR8404(O1I06I2OName‘‘Type ofLicenseAccountNumber7.Istheapplicant(includinganyofthepartnersifapartnership;membersormanagersifalimitedliabilitycompany;orofficers,YesNostockholdersordirectorsifacorporation)ormanagersundertheageoftwenty-oneyears?LI‘8.Hastheapplicant(includinganyofthepartnersifapartnership;membersormanagersifalimitedliabilitycompany;orofficers,stockholdersordirectorsifacorporation)ormanagersever(inColoradooranyotherstate):a.Beendeniedanalcoholbeveragelicense?Lb.Hadanalcoholbeveragelicensesuspendedorrevoked?UcHadinterestinanotherentitythathadanalcoholbeveragelicensesuspendedorrevoked?LIfyouansweredyesto8a,borc,explainindetailonaseparatesheet.9.Hasaliquorlicenseapplication(samelicenseclass),thatwaslocatedwithin500feetoftheproposedpremises,beendeniedwithintheprecedingtwoyears?If“yes”,explainindetail.______________________________________________________________________1oArethepremisestobelicensedwithin500feet,ofanypublicorprivateschoolthatmeetscompulsoryeducationrequirementsofj‘Coloradolaw,ortheprincipalcampusofanycollege,universityorseminary?Waiverbylocalordinance?LIOther:___________________ftIsyourLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within1500feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwithapopulationofgreaterthan(>)10,0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldoorwayoftheLLDS/RLSpremisesfor whichtheapplicationisbeingmadeandendsattheprincipaldoor-LIElwayoftheLicensedLLDS/RLS.12.IsyourLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within3000feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwithapopulationoflessthan(<)10,0000?NOTE:Thedistanceshallbedeterminedbyaradiusmeasurementthat beginsattheprincipaldoorwayoftheLLDS/RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipalElEldoorwayoftheLicensedLLDS/RLS.13a.ForadditionalRetailLiquorStoreonly.WasyourRetailLiquorStoreLicenseissuedonorbeforeJanuary1,2016?13b.AreyouaColoradoresident?ElEl14.Hasaliquororbeerlicenseeverbeenissuedtotheapplicant(includinganyofthepartners,ifapartnership;membersormanagerifaLimitedLiabilityCompany;orofficers,stockholdersordirectorsifacorporation)?Ifyes,identifythenameofthebusinessandlistanyElcurrentfinancialinterestinsaidbusinessincludinganyloanstoorfromalicensee.15.Doestheapplicant,aslistedonline2ofthisapplication,havelegalpossessionofthepremisesbyownership,leaseorother‘Elarrangement?,ElOwnershipLeaseElOther(ExplaininDetail)______________________________________________________________________a.Ifleased,listnameoflandlordandtenant,anddateofexpiration,exactlyastheyappearonthelease:LandlordLLCTenantExpires5CcY-\\eL\aqz1iolc\flO(Vk1Cc?icoco’—zb.Isaperdentageoffcoholsalesincludedascolr?pensationtothelandlord?Ifyes, completequestion16.ElC.Attachadiagramthatdesignatestheareatobelicensedinblackboldoutline(includingdimensions)whichshowsthebars,brewery,walls,partitions,entrances,exitsandwhateachroomshallbeutilizedforinthisbusiness.Thisdiagramshouldbenolargerthan81/2’X11”.16.Who,besidestheownerslistedinthisapplication(includingpersons,firms,partnerships,corporations,limitedIiabilitycompanies)willloanorgivemoneyinventory,furnitureorequipmenttoorforuseinthisbusiness;orwhowillreceivemoneyfromthisbusiness?Attachaseparatesheetifnecessary.LastName,—FEINorSSNInterest/PercentageLastNainorSSNInterest/Percentage;Ch’P-i;i;notesandsecãHyinstrumentsandanyftenagreementordetailsofanyoralagreement,bywhichanyperson(includingpartnerships,corporations,limitedliabilitycompanies,etc.)willshareintheprofitorgrossproceedsofthisestablishment,andanyagreementrelatingtothebusinesswhichiscontingentorconditionalinanywaybyvolume,profit,sales,givingofadviceorconsultation.17.OptionalPremisesorHotelandRestaurantLicenseswithOptionalPremises:Hasalocalordinanceorresolutionauthorizingoptionalpremisesbeenadopted?S/AElNumberofadditionalOptionalPremiseareasrequested.(Seelicensefeechart)t18.FortheadditionofaSidewalkServiceAreaperRegulation47-302(A)(4),includeadiagramoftheserviceareaanddocumentationreceivedfromthelocalgoverningbodyauthorizinguseofthesidewalk.Documentationmayincludebutisnotlimitedtoastatementofuse,permit,easement,orotherlegalpermissions.ElElf44\IAFirstName19. LiquorLicensedDrugstore(LLDS)applicants,answerthefollowing:a.Isthereapharmacy,licensedbytheColoradoBoardofPharmacy,locatedwithintheapplicant’sLLDSpremise?If“yes”acopyoflicensemustbeattached.3Page 78
DR8404(01106/20)NameTypeofLicenseAccountNumber20.ClubLiquorLicenseapplicantsanswerthefollowing:Attachacopyofapplicabledocumentationa.Istheapplicantorganizationoperatedsolelyforanational, social,fraternal,patriotic,politicalorathleticpurposeandnotforpecuniarygain?b.Istheapplicantorganizationaregularlycharteredbranch,lodgeorchapterofanationalorganizationwhichisoperatedsolelyfortheobjectofapatrioticorfraternalorganizationorsociety,butnotforpecuniarygain?________c.Howlonghastheclubbeenincorporated?J/S________d.Hasapplicantoccupiedanestablishmentforthreeyears(threeyearsrequired)thatwasoperatedsolelyforthereasonsstatedabove?J21.Brew-Pub,DistilleryPuborVintner’sRestaurantapplicantsanswerthefollowing:a.Hastheapplicantreceivedor appliedforaFederalPermit?(Copyofpermitorapplicationmustbeattached)(‘J/,\22.CampusLiquorComplexapplicantsanswerthefollowing:a.Istheapplicantaninstitutionofhighereducation?YesNob.Istheapplicantapersonwhocontractswiththeinstitutionofhighereducationtoprovidefoodservices?If“yes”pleaseprovideacopyofthecontractwiththeinstitutionofhighereducationtoprovidefoodservices.j23.Forallon-premisesapplicants.a.HotelandRestaurant,LodgingandEntertainment,TavernLicenseandCampusLiquorComplex,theRegisteredManagermustalsosubmitanIndividualHistoryRecord-DR8404-IandfingerprintsubmittedtoapprovedStateVendorthroughtheVendor’swebsite.Seeapplicationchecklist,SectionIV,fordetails.b.ForallLiquorLicensedDrugstores(LLDS)thePermittedManagermustalsosubmitanManagerPermitApplication-DR8000andfingerprints.LastNameofManagerFirstNameofManagerpcpkL24.Doesthisnànageractasthemanaerof,orhaveafinancialinterestin,anyorliquorlicensedestablishmentinthe StateofColorado?lfyes,providename,typeoflicenseandaccountnumber.25.RelatedFacility-CampusLiquorComplexapplicantsanswerthefollowing:YesNoa.IstherelatedfacilitylocatedwithintheboundariesoftheCampusLiquorComplex?ElElIfyes,pleaseprovideamapofthegeographicallocationwithintheCampusLiquorComplex.Ifno,thislicensetypeisnotavailableforissuesoutsidethegeographicallocationoftheCampusLiquorComplex.b.DesignatedManagerforRelatedFacility-CampusLiquorComplexLastNameofManagerFirstNameofManager26.TaxInformation.YesNoa.Hastheapplicant,includingitsmanager,partners,officer,directors,stockholders,members(LLC),managingmembers(LLC),oranyElother personwitha10%orgreaterfinancialinterestintheapplicant,beenfoundinfinalorderofataxagencytobedelinquentinthepaymentofanystateorlocaltaxes,penalties,orinterestrelatedtoabusiness?b.Hastheapplicant,includingitsmanager,partners,officer,directors,stockholders,members(LLC),managingmembers(LLC),oranyElotherpersonwitha10%orgreaterfinancialinterestintheapplicantfailedtopayanyfeesorsurchargesimposedpursuanttosection44-3-503,CR5.?27.Ifapplicantisacorporation,partnership,associationorlimitedliabilitycompany,applicantmustlistallOfficers,Directors,GeneralPartners,andManagingMembers.Inaddition,applicantmustlistanystockholders,partners,ormemberswithownershipof10%ormoreintheapplicant.AllpersonslistedbelowmustalsoattachformDR8404-I(IndividualHistoryRecord),andmake anappointmentwithanapprovedStateVendorthroughtheirwebsite.Seeapplicationchecklist,SectionIV,fordetails.NameHomeAddress,City&StateDOSPosition%OwnedY\cqueR;ftc6vc(QLI%spNamesJHomeAddress,City&StateuubIP05t0%OwnedtcicDcQSD)c-i(iEeeic45âNamecj‘JHomeAddress,City&StateuuoPosition%OwnedNameHomeAddress,City&StateDOSPosition%OwnedNameHomeAddress,City&StateDOSPosition%Owned**IfapplicantisownedI00%byaparentcompany,pleaselistthedesignatedprincipalofficeronabove.**Corporations-thePresident,Vice-President,SecretaryandTreasurermustbeaccountedforabove(Includeownershippercentageifapplicable)**Iftotalownershippercentagedisclosedheredoesnottotal100%,applicantmustcheckthisbox:.,ApplicantaffirmsthatnoindividualotherthanthesedisclosedhereinownsI0%ormoreoftheapplicantanddoesnothavefinancialinterestinaprohibitedliquorlicensepursuanttoArticle3or5,CR5.4Page 79
DR8404(01/06120)NameTypeofLicenseAccountNumberOathOfApplicantIdeclareunderpenaltyofperjuryintheseconddegreethatthisapplicationandallattachmentsaretrue,correct,and completetothebestofmyknowledge.IalsoacknowledgethatitismyresponsibilityandtheresponsibilityofmyagentsandemployeestocomplywiththeprovisionsoftheColoradoLiquororBeerCodewhichaffectmylicense.AuthrizedSignaturePrintedNameandTitleDate%O(%qQ&2cReportandApproval6f4ocalLicenshiAuthority(CitylCounty)DateapplicationfiledwithlocalauthorityDateoflocalauthorityhearing(fornewlicenseapplicants;cannotbelessthan30daysfromdateofapplication)TheLocalLicensingAuthorityHerebyAffirmsthateachpersonrequiredtofileDR8404-I(IndividualHistoryRecord)oraDR8000(ManagerPermit)hasbeen:LIFingerprintedLISubjecttobackgroundinvestigation,includingNCIC/CCICcheckforoutstandingwarrantsThatthelocalauthorityhasconducted,orintendstoconduct,aninspectionoftheproposedpremisestoensurethattheapplicantisincompliancewithandawareof,liquorcodeprovisionsaffectingtheirclassoflicense(CheckOne)ElDateofinspectionoranticipateddate______________________LIWillconductinspectionuponapprovalofstatelicensingauthorityLIIstheLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within1500feetofanotherretailliquorlicenseforoff-YesNopremisessalesinajurisdictionwithapopulationof>10,0000?LILiLiIstheLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within3,000feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwithapopulationof<10,0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldoorwayoftheLLDS/RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoorwayoftheLicensedLLDS/RLS.LiDoestheLiquor-LicensedDrugstore(LLDS)haveatleasttwentypercent(20%)oftheapplicant’sgrossannualincomederivedfromthesaleoffood,duringthepriortwelve(12)monthperiod?Theforegoingapplicationhasbeenexamined;andthepremises,businesstobeconducted,andcharacteroftheapplicantaresatisfactory.Wedoreportthatsuchlicense,ifgranted,willmeetthereasonablerequirementsoftheneighborhoodandthedesiresoftheadultinhabitants,andwillcomplywiththeprovisionsofTitle44,Article4 or3,CR5.,andLiquorRules.Therefore,thisapplicationisapproved.LocalLicensingAuthorityforTelephoneNumberLiTown,CityLiCountySignature.PrintTitleDateSigjure.‘-—Print.3Date—---.-J’..------15Page 80
DR8495(07/23/19)\/EDCOLORADODEPARTMENTOFREVENUELiquorEnforcementDivisionJUN172020TaxCheckiWaier,ADMNsTRATvESERVICESandRequesttoReleaselnformIIOlgaOrtegadeRamsigningthisTaxCheckAuthorization, WaiverandRequesttoReleaseInformation(hereinafter‘Waiver”)onbehalfofcfto(‘%snfQ(the“Applicant/Licensee”)topermittheColoradoDepartmentofRevenueandanyotherstateorlocaltaxingauthoritytoreleaseinformationanddocumentationthatmayotherwisebeconfidential,asprovidedbelow.IfIamsigningthisWaiverforsomeoneotherthanmyself, includingonbehalfofabusinessentity,IcertifythatIhavetheauthoritytoexecutethisWaiveronbehalfoftheApplicant/Licensee.TheExecutiveDirectoroftheColoradoDepartmentofRevenueistheStateLicensingAuthority,andoverseestheColoradoLiquorEnforcementDivisionashisorheragents,clerks,andemployees.TheinformationanddocumentationobtainedpursuanttothisWaivermaybeusedinconnectionwiththeApplicant/Licensee’sliquorlicenseapplicationandongoinglicensurebythestateandlocallicensingauthorities.TheColoradoLiquorCode,section44-3-101.et seq.(XtLiquorCode”),andtheColoradoLiquorRules,1CCR203-2(“LiquorRules”),requirecompliancewithcertaintaxobligations,andsetforththeinvestigative,disciplinaryandlicensureactionsthestateandlocallicensingauthoritiesmaytakeforviolationsoftheLiquorCodeandLiquorRules,includingfailuretomeettaxreportingandpaymentobligations.TheWaiverismadepursuanttosection39-21-113(4),CR5.,andanyotherlaw,regulation,resolutionorordinanceconcerningtheconfidentialityoftaxinformation,or anydocument,reportorreturnfiledinconnectionwithstateorlocaltaxes.ThisWaivershallbevaliduntiltheexpirationorrevocationofalicense,oruntilboththestateandlocallicensingauthoritiestakefinalactiontoapproveordenyanyapplication(s)fortherenewalofthelicense,whicheverislater.Applicant/Licenseeagreestoexecuteanewwaiverforeachsubsequentlicensingperiodinconnectionwiththerenewalofanylicense,ifrequested.Bysigningbelow,Applicant/LicenseerequeststhattheColoradoDepartmentofRevenueandanyotherstateorlocaltaxingauthorityoragencyinthepossessionoftaxdocumentsorinformation,releaseinformationanddocumentationtotheColoradoLiquorEnforcementDivision,andisdulyauthorizedemployees,toactastheApplicant’s/Licensee’sdulyauthorizedrepresentativeundersection39-21-113(4),CR5.,solelytoallowthestateandlocallicensingauthorities,andtheirdulyauthorizedemployees,toinvestigatecompliancewiththeLiquorCodeandLiquorRules.Applicant/Licenseeauthorizesthestateandlocallicensingauthorities,theirdulyauthorizedemployees,andtheirlegalrepresentatives,tousetheinformationanddocumentationobtainedusingthisWaiverinanyadministrativeorjudicialactionregardingtheapplication orlicense.Name(Individual/Business)SocialSecurityNumberiTaxIdentificationNumberMountainhomecafeEnriqueRojasandOlgaOrtegaderAddress457eastWonderviewaveCityStateZipEstesparkColorado80517HomePhoneNumberBusiness/WorkPhoneNumber970-481-4080970-586-6624PrintednameofpersonsigningonbehalfoftheApplicant/LicenseeOlgaOrtegaderandEnriqueRojasApplint/Licensee’sSigature(Signatureauthingthedisclosureofconfidentialtaxinformation)DatesignedLJf-tC\t:?.06-16-20PrivacyActStatementProvidingyourSocialSecurityNumberisvoluntaryandnoright,benefitorprivilegeprovidedbylawwillbedeniedasaresultofrefusaltodiscloseit.§7ofPrivacyAct,5USCS§552a(note).4Page 81
/.7%rr\‘U2(ç‘dl)LitThcD7:A;:4—=‘f71:t‘CLjtPage 82
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Licensee
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,
furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you
applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
OYes
□Yes
ATTACHMENT 3
Page 83
DR8404-I(03/20/19)—10.Haveyoueverbeenconvictedofacrimeorreceivedasuspendedsentence,deferredsentence,orforfeitedbailforanyoffenseincriminalormilitarycouordoyouhaveanychargespending?(Ifyes, explainindetail.)DYesNo11.Areyoucurrentlyunderprobation(supervisedorunsupervised),parole,orcompletingtherequirementsofadeferredsentence?(lfyes,explainindetail.)YesNo12.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes,explainindetail.)YesPersonalandFinancialInformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationrequiredinquestion#13issolelyforidentificationpurposes.ISa.DateofBirthb.SocialSecurityNumberc.PlaceofBirthii\AozK;-ccNU.U.S.CitizenYesENoe.IfNaturalized,statewoere1.Wheng.NameofDistrictCourth.NaturalizationCertificateNumberi.DateofCecationj.lfanAlien,GiveAlien’sRegistrationCardNumberk.PermanentResidenceCardNumberI.Heightm.Weightn.HairColoro.EyeColorp.Genderq.DoyouhaveacurrentDriver’sLicense/lD.ZIiso.givenumberandstate.f:)ZVZOPENo#L14.FinancialInformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedliabilitycompany,other.S:u32Sb.Listthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessincludinganynotes,loans,cash,servicesorequipment,operatingcapital,stockpurchasesorfeespaid.$C’*fcorporateinvestmentonlypleaseskiptoandcompletesection(U)**Sectionbshouldreflectthetotalofsectionscandec.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)ServicesorEquipmentAccountTypeBankNameAmount.——---.L’—--.—-._w_.-’.’_-‘--S.—,..%_Jd.Providedetailsofthecorporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Type(sServicesorEquipmentLoansAccountTypeBankNameAmounto-nze.LoanInformation(Attachcopiesofallnotesorloans)NameofLenderAddressTerm[SecurityAmountOathofApplicantIdeclareunderoenaltvofDeriurvthatthisp1”nandallaretrue.correct.andcomnletetothebestofmyknowledae.--.--.----,‘,----------.------.-AutrizedSignaturPrintSignatureTitleIDate(LCQArib’i—iNCc-iPage 84
DR8404-I(03/20/19)COLORADODEPARTMENTOFREVENUELiquorEnforcementDivision(303)205-2300IndividualHistoryRecordTobeCompletedbythefollowingpersons,asapplicable:soleproprietors;generalpartnersregardlessofpercentageownership,andlimitedpartnersowning10%ormoreofthepartnership;allprincipalofficersofacorporation,alldirectorsofacorporation,andanystockholderofacorporationowning10%ormoreoftheoutstandingstock;managingmembersorofficersofalimitedliabilitycompany,andmembersowning10%ormoreofthecompany;andanyintendedregisteredmanagerofHotelandRestaurant,TavernandLodgingandEntertainmentclassofretaillicenseNotice:Thisindividualhistoryrecordrequiresinformationthatisnecessaryforthelicensing investigationorinquiry.Allquestionsmustbeansweredintheirentiretyorthelicenseapplicationmaybedelayedordenied.Ifaquestionisnotapplicable,pleaseindicatesoby‘N/A”.Anydeliberatemsrepresentationormaterialomissionmayjeopardizethelicenseapplication.(Pleaseattachaseparatesheetifnecessarytoenableyoutoanswerquestionscompletely)1.NameofBusinessHomePhoneNumberCellularNumber\---2.YourFullName(last,first,middle)3.Listanyothernamesyouhaveused‘Qi’c4.Maii+address(ifdifferentfrorftresidence)EmailAddresscç;Rc95.Listcurrentresidenceaddress.Includeanypreviousaddressesvjithinthelastfiveyears.(Attachseparatesheet_if_necessary)StreetandNumberCity,State,ZipFromToCurrent‘k)A&ec1-rpcs-&pPrevioussi(cc{_C+rc_Ca_oS_16.Listallemploymentwithinthelastfiveyears.Includeanyself-employment.(Attachseparatesheetifnecessary)NameofEmp!oyerorBusinessAddress(Street,Number,City,State,Zip)PositionHeldFromTo-ceq4EE4çck:Côt7.Listthename(s)ofrelativesworkinginorholdingafinancialinterestintheColoradoalcoholbeverageindustry.NameofRelativeRelationshiptoYouPositionHe’dNameofLicensee:\8.Haveyoueverappliedfor,held,orhadaninterestinaColoradoLiquororBeerLicense,orloanedmoney,furniture,fixtures,equipmentorinventorytoanylicensee?(Ifyes,answerindetail.)YesNo9.Haveyoueverreceivedaviolationnotice,suspension,orrevocationforaliquorlawviolation,orhaveyouappliedfororbeendeniedaliquororbeerlicenseanywhereintheUnitedStates?(Ifyes,explainindetail.)YesNoPage 85
8404-I(03/20/19)10.Haveyoueverbeenconvictedofacrimeorreceivedasuspendedsentence,deferredsentence,orforfeitedbailforanyoffenseincriminalormilitarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)YesNo11.Areyoucurrentlyunderprobation(supervisedorunsupervised),parole,orcompletingtherequirementsofa—zdeferredsentence?(lfyes,explainindetail.)Yes(lNo12.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(lfyes,explainindetail.)Yes‘NOPersonalandFinancialInformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationrequiredinquestion#13issolelyforidentificationpurposes.13a.DateofBirthb.SocialSecurityNumberc.PlaceofBirthrv-)_KCOU.U.S.CitizenZYesLINoe.IfNaturalized,statewheref.Wheng.NameofDistrictCourth.NaturalizationCertificateNumberi.DateofCertiflcationj.IfanAlien,GiveAtiensRegistrationCardNumberk.PermanentResidenceCardNumberI.Heightm.Weightn.HairColoro.EyeColorp.Genderq.Dg,youhaveacurrentDriver’sLicense/ID?Ifso,givenumberandstate.t:3fl1ciCkt3Yc\esENo#.14.Financiallnformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedliabilitycompany,other.‘b.Listthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessincludinganynotes,loans,cash,servicesorequipment,operatingcapital,stockpurchasesorfeespaid.$__________________________*Ifcorporateinvestmentonlypleaseskip toandcompletesection(U).**Sectionbshouldreflectthetotalofsectionscandec.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Type:Cash,ServicesorEquipmentAccountTypeBankNameAmountd.Providedetailsofthecorporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Typeh)JServicesorEquipmentLoansAccountTypeBankNameAmounte.LoanInformation(Attachcopiesofallnotesorloans)OathofApplicantIdeclareunderpenaltyofperjurythatthisapplicationandallattachmentsaretrue,correct,andcompletetothebestofmyknowledgAuthorizedSignaturePrintSignatureTitlecDate1zw;2EAJO1JF2ocNameofLenderAddressTermSecurityAmountLDL-tqic1c:(NL((,F,Page 86
--------tD I-------® -
TOWN OF ESTES P�
June 30, 2020
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
RE: Mountain Home Cafe
Rojas, Enrique
Ortega De Rojas, Olga
Dear Ms. Williamson:
A check of the Estes Park Police Department local records on the above-named
individuals was conducted. These records date back in our system to October
2004. Enrique Rojas is named as an Informant in a Theft case. Olga Ortega De
Rojas is a Field Contact in a report and also a Subject in a Tampering case.
There are multiple Thefts where the business is named as the Victim. There are
no other reports involving the business and the individuals listed.
SinCl;/ tJ✓�
Wes Kufeld "f�
Chief of Police, Estes Park Police Department
170 MACGREGOR AVE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org
Police Department
Wes Kufeld, Chief of Police
970-586-4000
www.estes.org/pd
ATTACHMENT 4
Page 87
Page 88
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 14, 2020
RE: Liquor Licensing: New Beer & Wine Liquor License Application for
Discovery Lodge, Inc., dba Discovery Lodge, 800 Big Thompson Avenue,
Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Beer & Wine liquor license located at 800 Big Thompson Avenue,
Estes Park, Colorado. Application filed by Discovery Lodge, Inc., dba Discovery Lodge.
Present Situation:
An application for a new Beer & Wine liquor license was received by the Town Clerk’s
office on June 12, 2020. All necessary paperwork and fees were submitted; please see
the attached Procedure for Hearing on Application – New Liquor License for additional
information. The applicant is aware of the Town Board’s Training for Intervention
Procedures (TIPS) requirement and has not yet confirmed completion of the training.
The liquor license application has been sent to the Colorado Department of Revenue
Liquor Enforcement Division (LED) for a concurrent review as requested by the
applicant. This allows the LED to review the application simultaneously with the Town
and expedites the issuance of the new liquor license.
Proposal:
Town Board review and consideration of the application for a new Beer & Wine liquor
license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Page 89
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the application for a new Beer & Wine liquor license.
Finance/Resources Impact:
The fee paid to the Town of Estes Park for a new Beer & Wine Liquor license is $1,112.
The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for a Beer & Wine Liquor license is $662.
Level of Public Interest
Low
Sample Motion:
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license. Based upon
these findings, I move that the application for a new Beer & Wine Liquor license filed by
Discovery Lodge Inc., dba Discovery Lodge be approved/denied.
Attachments:
1. Procedure for Hearing
2. Application
3. Individual History
4. Police Report
Page 90
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of Discovery
Lodge, Inc., dba Discovery Lodge for a new Beer & Wine Liquor License located
at 800 Big Thompson Avenue, Estes Park, Colorado.
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.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed June 12, 2020.
At a meeting of the Board of Trustees on June 23, 2020, the public hearing was
set for 7:00 p.m. on Tuesday, July 14, 2020.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 4.30 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation.
The property is zoned A - Accommodations which allows this type of
business as a permitted use.
The notice of hearing was published on June 26, 2020 .
The premises was posted on June 29, 2020 .
ATTACHMENT 1
Page 91
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
X Unscheduled Scheduled * Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3.APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4.OPPONENTS.
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.
5.MAYOR.
Ask the Town Clerk whether any 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 of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6.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 neighborhood 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.
Page 92
DR 8404 (011011120) COLORADO DEPARTIIENT OF REVENUE Liquor Enfaratrnent OMalon (303) 205-2300
Colorado Liquor
Retail License Application □New License 181 New-Concurrent □ Transfer of Ownership D State Property Only. All answers must be print.cl In black ink or typewritten•AppUcant must check the appropriate box(es)•Applicant should obtain a copy of the Colorado Uquor and Beer Code: www.colorado.gov/enforcementAiquor
1.Applicant la applying as a/an 0 Individual □Limited Liability Company 0 Association or Other '21 Corporation □ Partnership (indudes Limited Liability and Husband and Wife Partnerships)
2.Applicant If an LLC. name of LLC; If partnership, at least 2 partner's names; If corporation, name of corporation FEIN Number
Discovery Lodge, Inc -.
12&. Trade Name of Establishment (OBA) I State Sam TAY Number Business Telephone
Discovery Lodge ' (970)586-3335
3. Address 01 Premises (specify exact location of premises, include suite/unit numbers)
800 Big Thompson Ave
I City County
Estes Park
4.Mailing-Address (Number and Street)City or Town
POBox40
5. Email Address
State
Larimer co
State
Estes Park co
ZIP Code
80517
ZIP Code
80517-0040
Peter.walstra@estesdiscoverylodge.com
8.If the premises currently has a liquor or beer license, you must answer the following questions
Present l racle Name of Establishment (OBA) I Present State License Number I Present Class of License Present Expiration Date
Section A Nonrefundable Appllcatlon F .. Section B (Cont) Liquor License F ...
0 AppHcallon Fee for New Ucente ............................................ $1,550.00 □ Uquor-ucensed Drugstore (County) ......... ·-·····-·"·"""·"·-····"-·····-·$312.50 GI Application Fee for New LJoense w/Concunent Review ............ 11,650.00 □ Lodging & Enlertai'1menl-L.&E (City) ................................................. $500.00 0 Application Fee for Transfer ................................................... 11 ,550.00 0 l.odging & Enlertairrnenl-L.&E (Coc.rtty) .......................................... $500.00
Section B Liquor LlcenN FNII 0 Manager Registralla'I-H & R ..................... , .......................................... $75.00
0 Add Opllonlll Prem1ae8 to H & R ......... $100.00 X Tola! 0 Manager Regislndion • Tavem ............................................................... $75.00 0 Manager Regillrallon-Lodging & Enletlairlmat ................................ $75.00 0 Add Related Facily to Resat Complex$75.00 X Tola! 0 ManagerRegistratiOn-C8rr1)US UquorCClf11Jlex ........................... , ... $75.00 0 Add Sidewalk Sen,1ceAAta ................................................................... $75.00 D Op11ana1 Pl8lrises License (Clly) ......................................................... $500.00 0 Arts License (City) ................................................................................ $308.75 D 0p110na1 Prernses License (Couily) ................................................... ssoo.oo 0 Arts Llcenlle (Couty) .......................................................................... $308.75 0 Racetrack Ucense (Cly) ....................................................................... S!S00.00 GI Beer anc1 \Mne License (City) •.•• -........................................................ $35125 0 Racetrack License (County) ................................................................. $500.00 □Beer and \Mne License (County) ........................................................ $436.25 0 Resort Con1)lex Ucen9e (Cly) ............................................................. $500.000 Brew Pub License (City) .................................................................... $750.00 □ Resort Con'f)lex Ucen8e (County) ....................................................... $500.00 0 Brew Ptb License (Cou'lly) ................................................................. $750.00 0 Related Fadly-Clln1JUS Liqucr Canplex (City) .............................. $180.00 D Canl)US Liquor Complex (Cly) ........................................................... ssoo.oo 0 Relal8cl Faclily-Camp.a Liquor Corl"'8X (Coully) ........................ $160.00□· Ca'l1)U9 � Complex (Couily) .................................................... $500.00 0 Related Faciily-Camp.a Uquor Canplex (Sime) ............................ $160.00 □Campus Liquor eon..,. (S.) ......................................................... ssoo.oo 0 Retail Gaming Tavern License (Cly) .................................................. $500.000 Club Licen1e (Cily) ... -................................. -....................................... $308.75 0 Retail Gaming Tavern LJcerwe (Cou'lly) .............................................. $500.00 0 Club Ucense (Couty) .... ,_ ................ _, .............................................. $308.75 D Reta1 Liquor store License-Additional (Cly) ........ _ ............................ $227.50 0 Dlallery Pub LiCerWe (Cily) ................................................................. $750.00 D Retail Liquor Store License-Additional (Cotrlty) ................................ 1312.50 0 Dlslllery Pub 1..lc:ense (Cou'lly) ........................................................... $750.00 D Re1a11 Liquor Store (Cily) ....................................................................... $227.50 0 HOf81 and Restaurart Llc:enae (Cly) ................................................... $500.00 0 Retail Liquor Ston! {County) ................................................................. $312.!50 0 Hotel .-.ct Restatr.lnl Ucerae (County) ............................................ $500.00 D Tawm License (City) .......................... __ .. .................................... �.00
0 Hotel and Restatnnt License w/cne opt prenises (City) ................. $800.00 D Tawm License (County) .................................................................... SS00.00 0 Hotel and Restainnt Ucenle w/orta qlt premises (Ccxny) ............ $800.00 □ \/lnlnera Restar.lR Ucenle (City) ...................................................... $750.00
0 Uquor-llcenlecl Drugstore (City) ............. _., •• ,_ .............. _, .............. $227.50 0 "1l1nenl Restaurant Ucense (Cod'lly) ................................................. $750.00
Questions? Visit: www.colorado.gov/enforcementAiquorfor more Information
Do not write in this snace -For Oeoartment of Revenue use onlv
Liability Information
License Acccunt Number I Liability Date I License Issued Through (Expiration Date) Total '
ATTACHMENT 2
Page 93
DR8404(07106120)Nme——-11ipeOfUcenS-AccountNumber—Discoveyode,IncJBeer&Wine7.18theapplicant(indudfrganyofthepartnersifapartneihip;membersormanagersifaHmitedliabilitycompany;officers,YesNo-stochoIdersordirectorsifacorporation)ormanagersundertheageoftwenty-oneyeari?Q8.HastheapplicantQnciiijiriganyofthePartnersifapartnership;membersormanagersifaIimftedhabilitycompany;orofficers,stockholdersdirectorsIfacocpoiabon)ormanagerseverOrColoradooranyotherstate):a.Beendeniedanalcoholbeverageicense?C0b.Hadan&cohotbeveragelicensesuspendedorrevoked?Q0C.HadinterestinanoUerentitythathadanalcoholbeveragelicensesuspendedorrevoked?Q0Ifyouansredyesto8aborC,explainindetailonaseparatesheet.9.HasaUquorlicenseappilcatlon(samelicenseclass),thatwaslocatedwithin500feetoftheproposedp06rnises,beendeniedwithintheQiJprecedingtwoyears?If“yes,explainIndetail.ja.Arethepremisestobelicensedwithin500tofanypublicorprivateschoolthatmeetscompufsoryeducationrequirementsofjColoradolaw,orUepndpaIcampusofanycollege,tiih,ersftyccseminary?WaiverbyIocaordinance?CDOther:ItIsyourLiquorLicensedDrugstore(LIDS)orRetalUquorStore(RLS)withinl500feetofanotherretailliquorticenseforoff-premisesN/AsalesinaJusdicionwithapopuIatonofgreaterthan(>)10,0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprnddoorwayoftheLIDS/RISpremisesforwhichtheappllcatonisbeingmadeandendsatthepñndpaldoor-DDwayoftheLicensedLLDS/RLS.12.isyourUquorUoensedDwgstore(LWS)orRetailUquorStorefRLS)within3000feetofanothetretailliquorlicenseforoff-premisesN/A5aesinajurisdictionwithapopulatfonoflessthan(<)100000?NOTE:Ttdistanceshallbedeterminedbyaradiusmeasurementthat beginsattheprtncipaidoorwayoftheLLDSIRLSpremisesforWhichtheappttcatonisbeingmadeandendsatthepdndpalDDdoorwayoftheLicensedLLD&RLS.13a.ForadditiOnalRetailLiquorStoreonly.WasyourRetailUquorStoreUcenseissuediorbeforeJanuary12016?N/ADQ13b.NeyouaCo’oradoresident?0Df4Hasaliquororbeerlicenseeverbeenissuedtotheappllcant(includiriganyofthepartners,ifapartnership;membersormanagerifaLimitedUabitityCompany;orofficers,stockholdersordirectorsifacorporation)?Ifyes,denttfythenameofthebusinessandlistanyQ0currentfinancialInterestinsaid businessIndudinganyh,anstofromalicensee.irDoestheapplicant,asi,steoniiiiottiiisapcauniiegaipossassionoitheprmissbyownership,leaseorotherarrangement?DOwnerzhipOLeaseDOtherfExpktinDd)____•,—.-a,Ifleased,listnameoflanntordandtenant,anddateofexpirsUon,.xactlyastheyappearonthelease:Landlord--—-—Tenan[---1ExrsDiscoDogLandCompany,LLCDiscoveryLodge,Inc12131/2021b.IsapercentageofalcoholsatesincludedascompensationtoWlandlord?Ifyes,completequestion16.QJJC.AttaChadiagramthatdesignatestheareatobeilcensedinbiaciboldoutlineQndudingdlmensions)whichshvsthebars,brewery.walls,partlUons,entrances,xitandateachroomshallbeUtIkZedforkithisbusiness.Thisdiagramshouldbenolargerthan6lITXIi”.16.Vftio,besIdestheownersli5tedinthisapplicationQncud1ngpersons,firms,pa,tnershipscorporaionslirndliabitjtycornpanfes)w1lloanorgiveiy,frNentofy,furrHtureorulpmenttoorforuseinthisbusiness;orv4iowWlreceivemoneytorntlisbusiness?AttachaseparatesheetIfnecessary.CaiiJame—-—- -1stNameLastName--
---::-_[F1rstNameAttachcopi•sofallnotaaendsecurityInstrumentsandanywrittenagrnentordilsofanyoralagraemantbywhichanyperson(Includingpartnerships,corporitions,limitedliabilitycceipanis,tc.)wiltsharInth.profitorgrossprocedsofth(sOStab1IShm.ntandanyagrwnenti*Iatlngtothebusinesswhichiscontingentorconditionalinanywaybyvolume,pcofltsales,givingofadvic.orconsultatlon.i_7.OptionaiPremisesHotelandRestaurantUcenseswithOptionalPremises:Hasalocalordinanceresolutionautborzingoptionalpremisesbeenadopted?---NumberofadditionalOptlonalPtemiseareasrequested.(Seeficensefeechart)L--:FortteaddibonofaSidewalkServiceNe.perRegulation47-W2fA)f4),includeadiagramoftheserviceareaanddocumentationreceivedfromthelocalgo.emingbodyauthorizinguseofthesidewalkDocumentation mayincludebutisnotlimitedtoastatementofuse.pernit,easement,oroilierlegalpermissions.N/A19.UquotUcensedDrugstorefLLDS)applicants,answerthefoflowng:a,Isthere apharmacy, hcenzedbytheColoradoBoard ofPharmacy,locatedwfthwitheapplicant’sLLDSpremise?N/AQQjIftt3muittIttIthIU.3Page 94
DR6404(O1)56/2O)rThi-—----—1TYPofLicenseNumber—DiscoveryLod,IncIBeerandWinej20.ClubLiqocUcenseapplicantsanswerthefollowing:Attachacopyofapplicabledocumentationa-Istheapplicantoarzaonoperatedsdelyforanational,sodal,fraternal,pabiotic,poic&ath1icpixposeandnotbpecuniarygan?Qb.Istheappilcantorganizationaregularlycharteredbranch,lodgeorchapterofanaonaIorganizatIonwhichisoperatedso&yfortheobjectofapatiio(icorfraternalorganizationorsodetcbutnotforpecuniaryg&n?______C’Howlonghasthedttbeenincorporated?d.HasctoccupiedanestabUshmentforttu’eeyears(threeywsreqLfred)Uiatwasoperatedsdetytorthereasorstatedabove?QQ-:BPub,DistilleryPuborVintne?sRestaurantapplicantsanswerthero1towng:NALHastheappficantrecejdorapp!edforaFederalPermit?(Copyofpermftorapplicationmustbeattached)22CampusLiquorComplexapplicantsansvrthefollowing:N/Aa.IstheappFcantanmatitutionofhlghereducation?YesNob.IstheappUcantapersonwhocontractswfththeinstitutionofhhereducationtoprovidefoodservices?QQIf“yes”pl.u.provlçtQacopyofUi•contractwlththeinstitutionofbighareducationtoprovidefoodservlce.23.Forallori.premisesapplicants.—--——a.HOtelandRestaurant,LodgingandEntertairwnent.TavernlicenseandCampusLiquorComplex,theRegisteredManagermustalsosubmanIndividualHistoryRecord-DR8404-IandfingerprintstAmittedtoapprovedStateVendorthroughtheVendoisbsrte.Seeapplicationcheckhst,SectionIV,fordeta1s.bForaUquorLicensedDrugstoresfLLDS)thePermittedMinagernüstalsosubmitanManagerPGrmitApPUCatIO-DR8000andfi9erpintsLastNameofManagerjfirstNameofManagerWaistraLPeter24DoestWtsmanageractasthemanagerof,orhaveafinanoalinterestin,anyotherIkuoclicensedestablishmentintheStateofjColorado?1fyesprov$denametypeoflicenseandaccountnumber25.RelatedFacIfty-CampusLiquorComplexapplicantsanswerthefollowing:YesNoI.tatherelatedfachtylocatedwithintheboundariesoftheCanusUquorComplex?N/AjIfpleaseprovideamapofthegeographicallocationwithintheCampusLiquorCoapIex.Ifno,thislicensetypehanotavailab4eforasueaoutsethegeographicallocationoftheCampLiquorComplex.b.DesignatedManagforRetatedFacllltyCampusLiquorComplexLastNameofManager1FirstNameofManager‘26.TaxInformation.yNoa,Hastheapplicant,indudingitsmanager,partners,officer,directors,stockholdersmembera(LLC),managingmembera(LLC),oranyQfJotherperaonwitha10%otgreatsfinancialinteresthitheappl1cantbeenfoundüifinalorderofataxagencytobedelinquentinthepaymentofiystateorlocaltaxes,penalties,orinterestrelatedtoabusiness?b.Hastheapplicant,includingitsmanagepartners,officer,directors,stockhotders,members([IC)1managingmembers(LLC),oranyQEJotherpersonwitha10%orgeaterfinandalinterestintheapplicantfailedtopayanyfeesorsurchargesimpoeedpiirsuamtosection44-3-503,C.RS.?27Ifapplicantisacorporationpartnership,associationortimitedhabilitycompany,applicantmustUstallOfficers,DIr.ctors,G.neralPartners,andManagingMembers.Inaddition,applicantmustlistanystockholders,partners,ormemberswithOwnershipof10%ormoreIntheapplicantAUpersonslistedbelowmustalsoattachformDR8404-If1ndiitduaIHistoryRecord),andmakeanappointmentwithanapprovedStateWndorthroughtheir.vebslte.Seeapplicationchecklist,SectionIV,fordetails.--——-HMdessCtyStatePosiUonLesliePeng2898S.LakeñdgeTrail,Boulder,COPresident50%F:jiir—:--—---———--HièMdressCkv&State1&BPosUon°iflwnciEricNeeb2898S.LakeridgeTrail,Boutder,COSecretary50%Name—HomeAddress,CttvSTateitionOOWnedName-HOmeAddiess,City&Stáiè0DBPosition%OwnedNie——HomeMdress,City&stáfibiPon;.IfappNomtisowned100%byaparentcompany,pleaselistthedesignatedpdnap&offlronabove.*CorppratlonsthePresidert,Vice-President,SecretaiyandTreasurermustbeaccountedforabove(lndudeoiershippercentageifapplicable)**Iftotatownershippercentadisclosedheredoesnottotal100%,applicantmustcheckthlsbox:1Applicantamrmsttiatnoiniviclualotherthanthesedisclosedhereinowns10%ormoreoftheapplicantanddoesnhavefinancialinterestmaprohibitedliquorlicensepursuanttoMicle3or5,C.R.S.4Page 95
DRM04fO16t2O)Nerñè——-
-
---[TypédfiJcè[AàiintNumber_-DiscovçyLodge,Inc1BeetandWineL__—OathOfApplicantIdeclareunderpenaltyofpeiuryintheseconddegreethatthisapphcationandaftattadimentsaretr,axTect,andcomp(etetothebestofnTyknowledge.Ialsoacknowledgethattismyresponsibllftyandtheresponsbyof myagentsandiipIoyeestocomplyvriththepiovisionsoftheColoradoUquororewhichaffectmylicense.AodS%4-—--nntedNanand1ifleE1Neeb,SecretaryReportandApprovalofLocalLicensingAuthority(City!County)DateapplicationfiledwithfocalauthorityJDateof)ocalatiorttyheaiiiig(fornewkensephc&1s;crdbe1eSSthan3Odays*omdate&appica6on)i:hOLocelUcensIngAhodIyH&ebyAfirrnsfreteachrsonrequiedtofileDR8404-I(k,vduaIHlstocyRcrd)aDR8000(ManagerPerrrdt)hasbeen:DFingerprintedUSubjtobadcgroundüivstgationincludingNCIC/CC1CcheckforoutstandingwarrantsThatthelocalauthorityhasconducted,orintendstoconduct,aninsctionoftheproposedpremisestoensurethattheapplicantisincompliancewithandawareofliquorcedeproisIonaaffectingtheirclassoflicense(CheckOne)DDateofinspectionoranUdpateddate.CMfIconducthisionuponapprovalofstatelicensingahorttyIiIstheLiquorLicensedDrugstore(LIDS)orRetailLiquorStorefRLS)withinf,Stfeetofanotherretaliliquorlicenseforoft-‘5NopremisessalesinadlctIonwithapopulationof>10,0000?DDCistheUquorLicensedDcugstore(LLDS)orRetailUquStorefRLSwithin3,000feetofanotherretailliquorlicenseforoff-premisessalesfriajurisdictionwithapopulationof<10,0000?NOTE:ThedistanceshallbedetermwiedbyaradkmeasurementthatbeginsattheprincipaldoorwayoftheLLD&RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoorwayofthelicensedLLDSIRLS.CDoestheUquor-LicensedDrugstore(LLDS)haveatleasttwentypercent(20%)oftheapplicantsgrossannualincome derived—fromthesaleoffood,durIngthepriortwelve(12)nnthperiod?Thefore9oingapplicallonhasbeenexamined;andthepremises,businesstobeconducted,andcharacteroftheapplicantacesatisfactoiyWedoreportthatsuch license,itgranted,willmeetthereasonablerequirerrntsoftheneighborhoodendthedesiresoftheadultinhabitants,dw,flcomplywiththeprovisionsoflide44,Mide4or3,C.R.S.,andliquorRules.ThsrefoN,thisapplicationisapprovedLocalLicensingAthOrityforTelephoneNumberQTfl,Cit•i:CountySignatixe——--]Print—--—Fntie---igñáiüre--jPrint—----fitie5Page 96
DR8495(O7I23I1)COLORADODEPARTMENTOFREVENUELiquorEnrcementDMsknTaxCheckAuthorization,Waiver,---andRequesttoReleaseInformationIsEjcNeeb•-amsigningthIsTaxCheckAuthorization,WaiverandRequesttoReleaseInformation(hereinafteruWaiver)onbehalfofDiscoverLodae.Inc(thetopermittheColoradoDepartmentofRevenueandanyotherstateorlocaltaxingauthoiitytoreleaseinformationanddocumentationthatmayotherwisebeconfidential,asprovidedbelow.IfIamsigningthisWaiverforsomeoneotherthanmyself,includingon behalfofabusinessentity,IcertifythatIhavetheauthoritytoexecutethisWaiveronbehalfoftheApplicanUUcensee.TheExecutiveDirectoroftheColoradoDepartmentofRevenueistheStateLicensingAuthority,andoverseestheColoradoLiquorEnforcementDivisionashisorheragents,deris,andemployees.TheinformationanddocumentationobtainedpursuanttothisWaivermaybeusedinconnectionwiththeApplicantiLicensee’sliquorlicenseapplicationandongoinglicensurebythe stateandlocallicensingauthorities.TheColoradoLiquorCode,section443f01.etseq.(LiquorCod&),andtheColoradoLiquorRules,ICCR203-2LiquorRutesw),requirecompliancewithcertaintaxobligations,andsetforththeinvestigative,disciplinaryandlicensureactionsthestateandlocallicensingauthoritiesmaytakeforviolationsoftheLiquorCodeandLiquorRules,includingfailuretomeettaxreportingandpaymentobligations.TheWaiverismadepursuanttosection39-21-113(4),CRS.,andanyotherlaw,regulation,resolutionorordinanceconcerningtheconfidentialityoftaxinformation,or anydocument,reportorreturnfiledinconnectionwithstateorlocaltaxes.ThisWaivershallbevaliduntiltheexpirationorrevocationofalicense,oruntIlboththestateandlocallicensingauthoritiestakefinalactiontoapproveordenyanyapplication(s)fortherenewalofthelicense,whicheverislater.Applicant/Licenseeagreestoexecuteanewwaiverforeachsubsequentlicensingperiodinconnectionwiththe renewalofanylicense,ifrequested.Bysigningbelow,Applicant/LicenseerequeststhattheColoradoDepartmentofRevenueandanyotherstateorlocaltaxingauthorityoragencyinthe possessionoftaxdocumentsorinformation,releaseinformationand documentationtotheColoradoLiquorEnforcementDivision,andisdulyauthorizedemployees,toactastheApplicant’sfUcensee’sdulyauthorizedrepresentativeundersection39-21-113(4),C.R.S., solelytoallowthestateandlocallicensingauthorities,andtheirdulyauthorizedemployees,toinvestigatecompliancewiththeLiquorCodeandUquorRules.Applicant/Licenseeauthorizesthestateandlocallicensingauthorities,theirdulyauthorizedemployees,andtheirlegalrepresentatives,tousetheinformationanddocumentationobtainedusingthisWaiverinanyadministrativeorjudicialactionregardingtheapplicationorlicense.Name(1ndMdüáBus1ness3lSociaISecuNumberrraxIdenfificationNumberDiscoveryLodge.IncjAddress800BigThompsonAveCity-----{StateZipEstesParkCO80517ciiiiPhoneNumber-Business/VkrkPhoneNumber——3O3-444.3742---970-586-3336PrintedñàmeofpersonsigningonbehafOftheApp(icanuUcenèee:.EricNeeb——ofconfidenbaltaxtnformabon)friYayAProvidingyourSocialSecurityNumberisvoluntaryandnoright,benefitorprivilegepovidedbylawwillbedeniedasasuI1ofrefu±IIIUit701PIIVCVACtU30ö(IWtf),Page 97
LC)CocoEo-Ctn‘b)4’--00OcoW(.4‘C)Page 98
DR IM0-4-1 (03/2Gl19) COLORADO DEPARTIIENT 01' REVENUEliqu0r Enfarcement DivillOn
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; aR principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager d Hotel and Restaurant. Tavern and Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a questiOn is not applicable, please indicate so by "NIA". Any deliberate mlarepl'ff8ntatlon or material omlulon may Jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer question s completely) 1.Name Of Business Home Phone Number 11.;ellular NumberDiscovery Lodge 303-444-3742 2.Your Fun Name (18St, first. middle)Neeb,Eric,Anderson 3.List any other names you have used
4.Malling address {if different from residence)Email Address eric@coyotemountainlodge.com
5.List current residence addAtss. Include any previous addresses within the last five years. (Attach separate sheet if necessary)Street and Number City, State, Zip From To Current 2898 S Lakeridge Trail Boulder, CO 80302 01/01/2015 presentPrevious
8.List all employment within the last five years. Include any self�ployment. (Attach separate sheet If necessary)Name of Employer or Business Addnt• (Street, Number, City, State, Zip) Position Held From To
Discovery Lodge Inc 2898 S Lakeridge Trail Secretary 01/01/2015 Present
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.Nam• of Relative Relationship to You Position ti.Id Name of Llcenaee
none
e.Have you ever applied for. held, or had an interest in a Colorado Liquor or Beer License. or loaned money.□Yes !IINofurniture, fixtures, equipment or inventory to any licensee? (If ves, answer in detail.)
9.Have you ever received a Violation notice, suspension, or revocation for a liquor law violation, or have you □Yes li!Noanplied fer or been denied a liquor or beer license anywhere in the United States? (If yes. eXDlain in detail.)
ATTACHMENT 3
Page 99
OR8404-1(0312W19)ióHaveyoueverbeenconvictedofacrimeorreceivedasuspendedsentence,deferredsentence,orforfetted__tfoyoffenseincriminalormihtarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)YesNo11.AreyoucurrentlyunderprobationfsupeMsedorunsupervised),parole,orcompletingtherequirementsofaYsentence?(ifyes,exIainjndetaii.)12.HaveyoueverhadanyprofessionalIicensesuspened,revoked,ordenied?(Lfyes,explainindetail.)DyesNoPersonalandFinancialInformationUnlessotherwiseprovidedbylaw.thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationrriirc4inniiti,r3issolelyfor‘,--——-—-IBurbank,CAd.U.S.CUzenlIYes0NoC.IfNaturalized,statewhereg.NameofbisfrictCouilh.NiáIizationCerüftcateNumber1’DateofCerti*cationyi.tfar’A$enGrveAhensReIS1rabOnCardNumbeEkPerianentResidenceCardNiii-..“.-----.--------------:------14.FinancialInformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedIiabitycompany,other.$,jT3.25_-——b.Listthetotalaountofthepersonalivestm,madebythepersonlistedonquestion#2,inthisbusinessincludinganynotes,loans,cash.servicesorequipment,operatingcapital,stockpurchasesorfeespaid.$j9O*fcorporateInvestmentonlypleaseskiptoandcompist.sectionfd)*SectionbshouldreflectthetotalofsectionscandaC.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment(Attachaseparatesheetifneeded)SType:Cash,servicesorEquipment•AccountTypeBankNameAmountn/aa.Providedetailsofthexrporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment(Attachaseparatesheetlfneeded)Typ.:Cash,SrvlcesorEquipmentLoansAccountTypeBankNameAmountCash-—-N/ACheckingUSBank$3,113.25e.LoanInformation(Attachcopiesofallnotesorloans)-NameofLendrAddressTermSecurityAmountn/aOathofAppticantI•fjjj.ijthatthisIifrii4ff+fhmii+true.correct.tothe6estotmyJcnnwIAnø[Heigrnm.vveigmftHaircoeorc.tyecoiorp.Gender5’8”180BlondeGreenMq.00yOUhaveacu‘4O?ifso.gwenumberandstate.Yes0No#----state_COLJ_.._S------KZY:/d19e_JoPage 100
DRM04-)(03/20/19)COLADODEPARTMENTOFREVENUELuOrEnforcem.ntDivilion(303)205-2300IndividualHistoryRecordTobecompletedbythefollowingpersons,asappicab1e:soleproprietors;generalpartnersregardlessofpercentageownership,andlimitedpartnersowning10%ormoreofthepartnership;allprincipalofficersofacocp,ration,alldirectorsofacorporation,andanystockholderofacorporationowning10%ormoreoftheoutstandingstock;managingmembersocofficersofahmitedliabititympany.andmembersowning10%ormoreofthecompany;andanyintendedregisteredmanagerofHotelandRestaurant,TavernandLodgingandEntertainmentclassofretailhoenseNotice:ThisindividualhistoryrecordrequiresinformationthatisnecessaryfortheLicensinginvtigationorinquiry.Allqiestiorsmustbeansweredfritheirentiretyorthelicenseapplicationmaybedelayedordenied.Ifaquestionisnotapplicable,pleaseindicatesobyN/AW.deliberatemisrepresentationormaterialomissionmayjeopardizethelicenseapplication.(Pleaseattachaseparatesheetifnecessarytoenableyoutoanswerquestionscompletely)j:NaineofBkhiësHomePhoneNer(CiaTübDiscoveryLodge303-444-3742j2.YourFullName(last,first,middle)iJstanyothet-namesyouhaveusedPeng,Leslie4.Mailingaddress(lfdifferentfromresidence)EmailMdressLesfiePengO9gmait.comStreetandNumberCity,Stat.,ZipFromTOCurrent.—--:—S--———-——-——2B9SSLakeridgeTrailBoulder,CO80302011t2015presentPrevious-.——---——---—---——-----—6ListaflemploymentwithnthelestfiveyearsIndudeanyself-employment(Attachseparatesheetifnecessary)NameofEmployerorBusinessAddress(StreetsNumber,City,Stat.,Zip)PositionHeldFromTonotemployed/homemaker7.Listthename(s)ofrelativesworkinginorholdingafinandaflnterestintheColoradoalcoholbeverageindustr_NarneofRelativeRalationshlptoYouPositionHeldNameofLicenseenone5.Haveyoueverappliedfor,held,orhadaninterestinaColoradoLiquororBeerLicense,orloanedmoney,furniture,fixturesequipmentorinventorytoanylicensee?(Ifyes,answerindetail.)5iiNo9.HaveyoueverreceivedaViolationnoUcesuspension,orrevocationforaliquorlawviolation,orhaveyouappitedfororbeendeniedaliquororbeerlicenseanywhereintheUnitedStales?(Ifyesexplainindetail)YesiNo5betcurrentrestdenceaddressIncludeanypreviousaddresseswrthinthelastfiveyearstAttachseparatesheetifnecessary)Page 101
DR$4044(03/20119)1O,Haveyoueverbeenconvictedofacrime orreceivedasuspendedsentence.deferredsentence,orforfeitedbailforanyoffenseincnminalormilitarycourtordoyouhaveanychargespending’{Ifyesexplainmdetait)11.Areyoucurrentlyunderprobation(supervisedorunsupervised).parole,orcompletingtherequirementsofadeferreøsentence?(Ifyes,explainindetaiL)YesNof2Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes,expIanindetail)QYes•NoPersonalandFinancialInformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion #13willbetreatedasconfidential.Thepersonatinformationrequiredinguestion#13issolelyforidentificationpurpses.fbtJSrthC.PtaceofBirth-—I—IHollywood,CA____tdU.SCitizen!YesCNoeLfNaturalizedstatewheref,Wien1gNameolDistrictCourthNeturatizabonCertificateNumber[LDateOfCertificatw,nj.anAJienG1ieAt1enRegtstrabonCardNumberk.PermanentResidenceCardNumbi:ieightwe1FThHairDolorfEyeCotorp.Geñechaveacuiientfiver’sLicen,e4OiIfso,gwenumber’andstate.515H°jlackIbrownJFjYesCNoStateO.14Financiattnformaton.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedliabilitycompany,other.$i13.25—-b.Listthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#Zinthisbusinessincludinganynotes,loans,cash,seresorequipment,operatingcapital,stockpurchasesorfeespaid.$OA-ifcorporateInvestmentonlypleaseskiptoandcompletesection(d)—_:•secfionbshoutdreflectthetotalofsectionscandeC.Providedetailsofthepersonalinvestmentdescribedinf4b.Youmustaccountforallofthesourcesofthisnvestrnent.(Attachaseparatesheetifneeded)Type:Cash,ServicorEquipmentAccountTypeBankNameAmountn/aUetaitsofthecorporateinvestmentdescribedin14(a).Yournustaccountforallofthesourcesofthisinvestrnent.(Attachaseparatesheetiheded)Type:CashS.MçesorEquipmentLoansAccountTypeBankNam.AmountCash--—N/ACheckingUSBank$3,113.25e.LoanInformation(AttachcopiesofaThotesorloans)NameofLanderAddressTermSecurityAmountn/aOathofApplicantIdeclareiof•iirvtthisapplicationandaJla#achmentsarerue.correatiéM$l8ItMPiOI3ICiiiVflOWIadiPrintSignatureThieDteTn:---_-Irrooiuni-_Q1t•Page 102
m TOWN OF ESTES P�
June 30, 2020
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
Dear Ms. Williamson:
RE: Discovery Lodge
Neeb, Eric
Neeb, Leslie
Peng, Leslie
A check of the Estes Park Police Department local records on the above-named
individuals was conducted. These records date back in our system to October
2004. Eric Neeb has been Cited for Animal Bite and Wildlife Protection
Ordinance and Building Code Violation. Leslie Peng is listed as a Subject in an
Other Ordinance case and an Informant on a Suspicious Circumstances case.
Both are listed as Victims in a Theft case. There are no other reports on the
business or the individuals listed.
Sin!!1;;;1 tJ��
Wes Kufeld
Chief of Police, Estes Park Police Department
170 MACGREGOR AVE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org
Police Department
Wes Kufeld, Chief of Police
970-586-4000
www.estes.org/pd
ATTACHMENT 4
Page 103
Page 104
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 14, 2020
RE: Liquor Licensing: New Beer & Wine Liquor License Application for Coyote
Mountain Lodge LLC, dba Coyote Mountain Lodge, 1340 Big Thompson
Avenue, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Beer & Wine liquor license located at 1340 Big Thompson Avenue,
Estes Park, Colorado. Application filed by Coyote Mountain Lodge LLC, dba Coyote
Mountain Lodge.
Present Situation:
An application for a new Beer & Wine liquor license was received by the Town Clerk’s
office on June 12, 2020. All necessary paperwork and fees were submitted; please see
the attached Procedure for Hearing on Application – New Liquor License for additional
information. The applicant is aware of the Town Board’s Training for Intervention
Procedures (TIPS) requirement and has not yet confirmed completion of the training.
The liquor license application has been sent to the Colorado Department of Revenue
Liquor Enforcement Division (LED) for a concurrent review as requested by the
applicant. This allows the LED to review the application simultaneously with the Town
and expedites the issuance of the new liquor license.
Proposal:
Town Board review and consideration of the application for a new Beer & Wine liquor
license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Page 105
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the application for a new Beer & Wine liquor license.
Finance/Resources Impact:
The fee paid to the Town of Estes Park for a new Beer & Wine Liquor license is $1,112.
The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for a Beer & Wine Liquor license is $662.
Level of Public Interest
Low
Sample Motion:
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license. Based upon
these findings, I move that the application for a new Beer & Wine Liquor license filed by
Coyote Mountain Lodge LLC, dba Coyote Mountain Lodge be approved/denied.
Attachments:
1. Procedure for Hearing
2. Application
3. Individual History
4. Police Report
Page 106
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of Coyote
Mountain Lodge LLC, dba Coyote Mountain Lodge for a new Beer & Wine Liquor
License located at 1340 Big Thompson Avenue, Estes Park, Colorado.
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.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed June 12, 2020.
At a meeting of the Board of Trustees on June 23, 2020, the public hearing was
set for 7:00 p.m. on Tuesday, July 14, 2020.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 4.87 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability Company.
The property is zoned A - Accommodations which allows this type of
business as a permitted use.
The notice of hearing was published on June 26, 2020 .
The premises was posted on June 29, 2020 .
ATTACHMENT 1
Page 107
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
X Unscheduled Scheduled * Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3.APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4.OPPONENTS.
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.
5.MAYOR.
Ask the Town Clerk whether any 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 of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6.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 neighborhood 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.
Page 108
DR 8404 (01/oeJ20) COLORADO DEPAR'IIIENT OF REVENUE Liquor Enfon:ement Diwllon (303) 205-2300
Colorado Liquor
Retail License Application □NewUcense Qg New-Concurrent □ Transfer of Ownerwhlp □ State Property Only•All anawerw must be printed In black Ink or typewritten•Appllcant muat check the appropriate box(es)•Applicant should obtain a copy of the Colorado Uquor and Beer Code: www.colorado.gov/enforcementlliquor
1.Applicant Is applying as a/an D Individual [g) Limited Liability Company D Association or Other D Corporation □ Partnership (includes Limited Liability and Husband and Wfe Partnerships)
2.Appllcant If an LLC, name of LLC; If partnership, at least 2 partner's names; If COfPoration, name of corporation FEIN Number
Coyote Mountain Lodge, LLC 2a. Trade Name of Establistvnent (OBA) I State SalA" T11v Number Business Telephone
Covote Mountain Lodge l (970) 586-4376 3.Address of Premises (specify exact location of premises, include suite/unit numbers)
1340 Big Thompson Ave
City County State ZIP Code
Estes Park Larimer co 80517 4.Mailing Address (Number and Street)City or Town State ZIP Code
PO Box40 Estes Park co 80517-0040 5.Email Address eric@coyotemountainlodge.com
8.If the premises Clffently has a liquor or beer license, you must ansYt1er lhe following questions
Present Trade Name of Establishment (DBA) I Present State License Number I Present Class of License Present Expiration Date
Section A Nonntfundable Application Fees
0 Application Fee for New LlcenM .....•...................................... $1,550.00
IE) Appicallon Fee for New UCenee w/Concunert Review ........•.•. $1,650.00 0 Application Fee for Transfer ................................................... $1,550.00
Section B Liquor Ucenae Faes
0 Add Opllonal P1'llTiseS to H & R •........ $100.00 X Total
0 Add Relaled Faclly to Resort Complex$75.00 X Tolal 0 Add Sidewalk Service Area. ................................................................... $75.00 0 Al1s Lioense (City) ................................................................................ $308.75 0 Al1s License (Ccunly) ············-· ........................................................... $308.75
IE) Beer and VIAr1e License (City) .............................................................. $351.25 □Beer and VIAr1e License {County)•••••••••••••••••••••••••••••••••••••••••••••••••••••UO $436.25
0 Brew Pl.b Uc:ense (Cly) .................................................................... $750.00 0 Brew Pu> Ucense (County) ................................................................. $750.00
0 CBfl1)US UquorComplex (City) ........................................................... $500.00 □C8f'l1)UI Uquor� (Cot.rty) ·····-··--····················--···················· $500.000 C&nl>US UquorCon1)1ex {Stale) ......................................................... $500.00 0 Club Ucenae (City) ............................................................................... $308. 75
0 Club Ucense (ecx.ity) ........................................................................ $308.75 □Dlatlllery Pl.b l..icenle {City) ................................................................. $750.00 0 Dia1111ery P1.b 1..icen1e (Ccunly) ············. ··········· ·············· ...... ·············-$750.00 0 Hole! and Rest8l.rant License (Cly) ........................................ --•·······$500.00 □Hotel and Restalnnt l.lcen5e (Ca.ny) ............................................ $500.00 0 Hotel and Reatauralt License w/one 0Jt pnmses (Cly) ................. $600.00 D Ho1e1 anc1 Restannt Lloen8e W10ne qi prenaes (County) ............ seoo.oo
D Uquor4.lcenled Drugstore (City) ···-·····--·····-········-·· .. ··-·-··········· $227 liO
Section B (Cont.) Liquor Ucense Fees
0 Uquor-lioensed Drugstore (Couty) ............... _ .......... -.................... $312.50 0 Lodging & Enerlainmenl -L&E (Cly) ................................................. $500.00 0 Lodging & Erdertainment-L&E (Cowlty) ........................................... $500.00 0 Manager Regis1r8IIOn • H & R ............................................................... $75.00 0 Manager Reglslration-Ta¥11n ............................................................... $75.00 0 Manager Regi&lratiOn - Lodging & Enlef1a ment ................................ $75.00 0 Manager Registration- Caqu Uquor CCJ11111ex ............................... $75.00 0 Opllonal Prenwses Ucense (Clly) ........................................................ $500.00 0 Optional P1errises License (Cot.rty) ··················--······--·······················$500·00 0 Race1rack L.Joense (Cly) ....................................................................... $500.00
0 Racelrack Llcenle {Ccurty) ................................................................. $500.00
0 Resort Complex License (Cly) ............................................................. $500.00 0 Resort Complex Ucense (County) ....................................................... $500.00 0 Related Facilly•Cempus UquorComplex(Clty) .............................. $160.00 0 Reia1ecl Faclty. Ca111US Uquor Conl)lex (County) .......................• $160.00 0 Related Facily-C81'11)U1 UquorComplex (State) ..............•............. $160.00 □Retal Garring Tawam ucense {City) .......•.•....•..............•.....•.............•• $500.00 0 Retall Garnirg Tavern Ucenae (Cculty) .............................................. $500.00 0 Retail Liquor Slae Lic:enle-Addllonal (Cly) ...................................... $227.50
0 Retal Liquor store Lioense-Addlllonal (Ccunly) ................................ $312.50 0 Relail Liquor Store {Cily) ....................................................................... $227.50 0 Retail Liquor Store (County) ................................................................. $312.60 □Tavern ucense (Ctty) .......................................................................... $li00.00 0 Tavern License (County) ........................................................ :··----·····$500·00
0 \llrvieni ReataUllnl Ucanle {Cly) ················"•'-••······················· .. ·····$750.00
0 Vin1nens Restaurant Lioense {Colrq) ................................................. $750.00
Questions? Visit: www.colorado.gov/enforcementAiquorfor more lnfonnatlon
Do not write In this snace - For Denartment of Revenue use onlv
Liability Information
License Account Number I Liability Date I Ucense Issued Through (Expiration Date) Total m
ATTACHMENT 2
Page 109
C---..UUV/N1eswajdso-nsueoiiddeauyipaeo‘Aoewaqopjeojopejooeqcqpsueu.uequeaiqj—-—:6uoiioa%iMsu_eU!Idd(sa,1eJo6napewoflOnbfl‘6—V/N-.$uos_jJfloJo‘juwes#£iiuued‘esnojuueojpawgounqapnpuAewuouowrroareesajoasnuzpoqnecpoq6uwo6ieooeqjW04PA1Juo!Teluewn:,opPUBBOlEAJGSLflJOWJ6!pepnpu()(jg-un6jjedeaiyeouoppaLflJQIL‘—E:j(JBt1oeJSBaJeWGJdI8U0flOIU0!flPPJOCpdopsuQaqcQ!wJdI9uofldo&JoqvwUo!InIo$9JJOUUPJOI8OIBSBHV/N:sasiweijeuoqdL3MSOSU3OflIU81nmS9jPU8e)OH0SLJdieuOfidOLL——.uonnsuooAo.;jAp#oBu[A16sees‘o1‘OWflfOAAqAiAurU,iuorni’uooue8uuoosqq.u!q°‘uoBujsj.;uetueJeAU8pUEU.WqSSqISesjqjospeeojdsiojwdequemqs;(e‘s.uadwo!I!q1IPitwu‘suogeJodoo‘dIqsie1qJd&jpnu)uosjedAuappjAq‘iu.w.ai5.toAueossepoueweeibsUefljiMAuepussuewiusiqpnespuUOUflBjosedo,qoviiy-N$SJONI3dPJ1Q..GWNLd_OWN1Je&seiaiujL—NSSJQNI3dLj8eIeO[—DUNNSijj——-.-9WNJ]•AjgssoQUJ4GG3teiedoseLpessaujsnqsjtjwojAuoweiaoqiosswsnqsquenjojioojuewd!nbioainwnjAioueusdsiaumdsuizguosJad6upnpu)uowdeOUf•.JLX2/1.9UBLJje6jetoueqpnotsweJ6e!pStLU5seusflqSNILJOJpZflflfleqWOOJpeapusjxSUE4USUQflJQU‘sieqeqSA%OLSpM(suosuewp8uiniu)aU!noppqoejqU;pujoearnanu6sapeqWBJ6BIPLio’’:__n—-9LUOISflbaQIdWO,saApJOIpUIeL41OUOflSSUadWOIspepnouisiesoqoe;oe6euoJedes;qORC/7[.I377‘e6po,ueunooco—-sx3I—-----—iueuaiI--:aseeijoieeddeFaLllS8iflZIXeUO!1EJ!dxajoeppue‘pjeupuepjopujoaweujsq‘i’eseiie—-—--.(aux)ieqcjjdNJQLJMOQ4uaw6uaueDtJLQOJO8SjdPISJLLMOAcsespuadeiouoissessodi,eiøqUOfldsouiuoiimnddeaocci•SUaNI8W04)OOjweotAue6U!pflpu!SSU!PIESUlisajalti!eoueuguaijrtoLDicues!tPURssusnqGifiJOOWQUOflAflUGpjsaAjj,(uogeothoejSJOØJ!PJOJp$O4)jO4SSJUJO10AUdWO3Aqe-pawnB!J6UWJOJqWQWd!14SJU1Jedep‘uieUeqjokie6u!PnPujuddeojpnss!uaeqieiu;ieeq.ojonbeSeHnDi:ic,IUeP!S1OpBJO)OJenoA•qCL0ciV/Nt9IO‘L,crnnueçajoeqjouopanssiesuaraoonIqinoicjuojogjonti,euontpeiojeV/N—--—--.s,jIsa,Jpawon;4I;AeMJoopcici!edPuPdaespuaPUEaPBW6UeqstUOi13I1ddeeqjqjoE8!WJdsiwsaiinioAenuoopØouidaqeJ!6iuwainsewsnipgj8AqPU!WJ1Pqjeqsauesp:jc4L0000’OL(>)UB4SSOJOUOflBflUQdeqjuogpstinfeU!saies-suiifl1jt!3ieqoue;oaj000CuM(g-mj)QiogionbflI!IQdJO(crn)a.rn6n.iapesuacionbinoAsV/NsiwsaTipuajoAeii:D-JOPjBd!t4Jd4I18spupueepew&qSiueojddeaw‘ojstwdsjycrflnokiuoopedupdqjesu6qjuauainsewsnBAqPU!WJBPcijeqsue1s!PQI!3.OOOOOL(c)ueqjjaWej6ouoyendodeMUOJOflISifl[Lsajes—sesuiiojesugionb1!eeJJeqouejoIajQgwojonbq!81a1JOfjn)aios6ruapesuoionbrinoAsiL-----•JLflOcicieoueuipjo1eoIAgJo.MU!WSJOAHSJSAIun6GftOOAuejosndwsoieduudaigo‘eopwojoJCjosiuJJUO!WOflPGAJOSIndWOOqeweqjooqos1eiiidoogqndAueojeeuMpesueoeqosswjdejç’——---—•fleIapU!U81dX.SAJjOMZ6U!pQJdJEDuqjP!UGPUGq‘sesiwBidpasodwdaqJojewoo.UMVA4BOLEMeLU(sseiesuiawes)UOflEOflddBesuajonbqeSBH•6—--iaqseeiedeseuopep4u!eJdxe’Joq‘e9ojseApaiwenoAjjEJ0pQqoAaJJoppudsnssuaeiaiq)oqoojeuspeqjeqflUiqoueIN)SJjUPHricjpatoieJJopepLidsnsSU!t65JAOqoqooteus0ci6ewa:ga6eJaAqoqooeuepauepuaa:(eisieqoAueJoopejojo)SJeUeWjo(uoeiodjo,ejs.iopejip10sapoqpojs-—-—‘sJa:goJoAuedwoAj!qePWU!1SJsia6euewjosiaqwawd!qSJUp8dejsiaipedaoAue&!PntDu!)1ueddese00LsleaAau-Auajoa5eJoptinsiaeuewio(uoeJodiooejwpepioONA‘sjeaJoALNdwopqejpewesja6euewiosjeqwawdquouiedejsiaujeUaqoAue6ipnpw)ueoijddeeqsgL——euIMieejj—_3J,‘a5pou!enoeIoAo3—J1WI!NIUfl3VesueooedAil——TootLo)oiaPage 110
0R8404(O1iO6I2O)Name-——--TypeofUcenseAccountNumberCoyoteMountainLodqe,LLCBeerandWine2OCtubLiquxUcénseappIántsanswerthefà1tosAng:Attachacopyofapplicabledocumantatlon{N/Aa-IsthpUcantocgarzaionoperatedsolelyforanational,so,fralamal.pabiotic,politicalorathieticprposeandn&forpecuniarygain?QQb.IstheapplicantorgarzationareguJadycharteredbranch,lodgeorchapterofanationalorganizationwNchIsoperatedsolelyfortheobjectofapatdoticocfraternalorganizationorsocietbutriotforpecuniarygain?_____C.Howlonghasthedubbeenincorpocated?[/AdHasapp(icaritoxupieda’iestabushnientforthiees(threeyearsrequiredthatwasoperatedsotyforthereasonsstatedabove?Q21.BrewPub,DI5tilleryPubor\IintnersRestaurantapplicantsansvrthefollowing:N/A—a.HastheapplicantorappWedfocaFodera)Permit?(CopyofpermitorappUcationmustbe attached)22CampusUquorComp’exapplicantsanswerthefollowthg:a.Istheapplicantaninstitutionofh4ghereducation?Nobistheapplicantapersonwhocontractswiththeinsfitutionofhighereducationtoprovidefoodservices?N/AIf‘y.e”pIas•prov1dacopyofthacontractwithUi•institutionofhigh.reducationtoprovidafoodservicas.23.Forallon-premisesapptlcants.S.HotelandRestaurant,LodgingandEntertainmentTavernLicenseandCampusUquoComp1ex.theRegisteredManagermustalsosubntantndMdua(HistoryRecord—fl--DR8404-fandfigçrpñntsubmittedtoapprovedStateVendorthroughthendo?sbsitoSeeapplicationchecklist,Secttonkrdetails.—-.b.ForallUqUWcenSedDrugstoreLLDS)thePermthèdManagern*talsosubmanManagerPerthftApplicâtion-DR8000andfinrprints.LastNameofManagerlFirstNameofManager•——-Neeb_--_I_-Eric24.Doesthismanageractasthemanagorof,orhaveafinancialinterestin,anyotherliquorlicensedestablishmentinthe Stateof]Colorado?Ifyesprovidename,typeofcenseandaccountntxnber..25RelatedFacilityCampusLIqUOrComplexapplicantsanswerthefollong:YesNoa.IstherelatedfadlitylocatedwithintheboundariesoftheCampusLiquorComplex?N/ADDlfyes,pleaseprovideamapofthegeographicallocationwithintheCampusLiquorComplex.Ifno,thislicensetypeisnotavailableforissuesoutsidethe9eographicallocationoftheCampusUquor Complex.b.DesignatedManagerforRelatedFacility-CampusLiquorComplexLastNameofManagerJFirstNameofManager26.Taxlnformation-.--YesNoa.HastheapplicantIncludingitsmanager,partners,officer,directors,stockholders,mibers([IC),managingmembers(LLC),oranyQ0otherpersonwitha10%orgreaternancialinterestintheapplicant.beenfoundinfinalorderofataxagencytobedelinquentwithepaymentofanystateorlocoltaxes,penalties,orintettrelatedtoabusiness?b.Hastheapplicant,includingitsmanager,partners,omcoc,dwectors,stockholders,members(LLC),managingmembersfLLC),oranyQ0otherpersonwitha10%orgreaterfinancialinterestintheapp1icantfailedtopayanyfeesorsurdiargesimposedpursuanttosedion443-503,CR.S.?27.lfsppllcantisacorpotation,partnership,associationorlimifedHabliltycompany,pplicantmustlistallOffic•rs,Dr.ctors,G•n.raIPartn.randManagingMembers.Inaddition,applicantmustlistanystockholders,partners,ormemberswithown.rshipof10%ormotaintheappllcantAltpersonslistedbelowmustalsoattachformOR8404-I(IndividualHistoryRecord),andmakeanappointmentwithanapprovedStateVendorthroughtheirwebslte.Seeapplicationchecklist,SectionIV.fordetails.tirñé.---HómeMdt,City&theboB-Positlen%OwnedEricNeeb2898S.LakeridgeTrail1BouldCOManager50%Nnie----HomeMdcess.City&StateIDOBPosition&‘nedLeslieNeeb2898S.LakeridgeTrait,Boutder,CO1)Manager50%j;:—••-•--.HomeAddress,City&StaterPOSthOfl%Owfledini——-——HothéAddress,Cfty&State008PosItion%QwnedNam—--&iAddreis.c&StäfeOOPikiii6hOwned**IfapplicantIsowned100%byaI,atentcompany.pleaseNatthedesignatedprinca1officeronabove..Corporations-thePtesldert.VicoPresklent,SecretaryaridTreasurermustbeaccountedforaboveQnckideownershpercrageWapplable)..Iftotalownershippercentagedisclosedheredoesnottotal100%,applicantmustchecktinbox:0i.pUcantanrmsthatnoindividualotherthanthesedisclOsedhereinowns10%ormoreoftheapplicantanddoesnothavefinanøalinterestinaprohibitedliquorlicensepursuanttoMide3or5,C.R.S.4Page 111
DR8404f011V8120)——---1rypeafUcenseAccountNumber—-CqyoteMountainLoØgeLLCLBeerandWneOathOfApplicantIdedareL1derpenaltyofperjuryktheseconddegreethatthisappcabonandaliattachnntsaretrue,correct,andcomp’etetothebestofmyknowiedge.IalsoacknoiMedgethatftismyresponsibilityandthetesponslb1lltyofmyagentsandemployeestocomp’ywUitheprovtsnsoftheCoktadoUquororerCodeWhidiaffectmylicense.EricNeeb,ManagerandTitleofLocalLicensingAuthority(CitytCounty)atoñtyhea1ñjrnewlicenseapp1s:carlessian3odaystromdateappbcaUon)TheLocalUcensfr)gMftlodtyHerebyAffirmstheachpersonrequWedtotHeDR84041flndMdu&HtoryRecord)cwaDR8O(ManagerPerrrt)hbeeftDFingerprintedi:Subjecttobackgroundinvestigation,IncludingNCICICCICcheckforoutstandingwarrantsThatthekcalat*horftyhasconducted,orintendstoconduct.anInspenoftheproposedpremisestoensurethattheapplicantisincompliancewhandawareof,liquorcodeprovisionsaffectingtheirclassoflicense(Check One)DDateofinspectionoranticipatedda)eDiiconductInspectionuponapprovaiofstateiicensfrga&uity-015theLiquorlicensedDrugstore(LiDS)orRetailUquorStorefRLS)WIUien1,StXlfeetofanotherretellliquorlicenseforoff-YetNopremisessalesinajurisdictionwithapopulationof>10,0000?DDDisuieLiquorLicensedDrugstore(LLOS)orRetaitUquwStorefRLS)within3,000feetofanouierretail1kuorlicenseforoff-premisessalesinajUrisdictiOnwtthapopulationof<1O0000?NOTE:Thedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprindp&doorwayoftheLLD&RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoorwayoftheLicensedLWSIRLS.DDoestheUquor-UcensedDrugstore(LLDS)haveatheasttwentypercent(20%)oftheapplicanVsgrossannualWcomederivedfromthesaleoffood,duringthepriortwaive(12)monthpenod?Signature-1prfriiThisSignature-.----I:nt:_:-Title:-zTheforegoingappllcationhasbeenexamined;andthepremises,businesstobeconducted,andcharacterofUeapplicantaresatlsfactorWedoreportthatsuchlicense,ifgranted,willmeetthereasonablerequiementsoftheneighborhoodandthederescUbeaduttInhabitants,andWillcomplyw(ththeprovisionsofhUe44,NUde4or3,C.R.S.,andLiquOrRules.Themfor.,this.ppflcaffonIsapproved.LocalLicensingAuthorityforTelephoneNumberCTown,City0County5Page 112
DR845(07/23118)COLORADODEPARTMENTOFREVENUELiquorEnforcementDivisionTaxCheckAuthorization,Waiver,--andRequesttoReleaseInformation11__ricNeebamsigningthisTaxCheckAuthorization,WaiverandRequesttoReleaseInformation(hereinafterUIj$)behalfofCoyoteMountainLodeLLC(the‘Applicant/Ucense&)topermittheCotoradoDepartmentofRevenueandanyc*herstateorlocaltaxingauthoritytoreleaseinformationanddocumentationthatmayotherwisebeconfidential,asprovidedbelow.IfIamsigningthisWaiverforsomeoneotherthanmyself,includingonbehalfofa businessentity,IcertifythatIhavetheauthoritytoexecutethisWaiveronbehalfoftheApplicantAJcensee.TheExecutiveDirectoroftheColoradoDepartmentofRevenueistheStateLicensingAuthority,andoverseestheColoradoLiquorEnforcementDivisionashisorheragents,clerks,andemployees.TheinformationanddocumentationobtainedpursuanttothisWaivermaybe usedinconnectionwiththeApplicanVLtcensee’sliquorlicenseapplicationandongoinglicensurebythestateandlocallicensingauthorities.TheColoradoLiquorCode,section44-3-101.etseq.(LiquorCodetm),andtheColoradoLiquorRules,1CCR203-2(LiquorRules”),requirecompliancewithcertaintaxobligations,andsetforththeinvestigative,disciplinaryandlicensureactionsthestateandlocallicensingauthoritiesmaytakeforviolationsoftheLiquorCodeandLiquorRules,includingfailuretomeettaxreportingandpaymentobligations.TheWaiverismadepursuanttosection3921-113f4),C.R.S.,andanyotherlaw,regulation,resolutionorordinanceconcerningtheconfidentialityoftaxinformation,oranydocument,reportorreturnfiledinconnectionwithstateorlocaltaxes.ThisWaivershallbevaliduntiltheexpirationorrevocationofalicense,oruntilboththestateandlocallicensingauthoritiestakefinalactiontoapproveordenyanyappticationfs)fortherenewalofthelicense,whicheverislater.ApplicantlLicenseeagreestoexecuteanew waiverforeachsubsequentlicensingperiodinconnectionwiththerenewalofanylicense,ifrequested.Bysigningbelow,Applicant/LicenseerequeststhattheColoradoDepartmentofRevenueandanyotherstateorlocaltaxingauthorityoragencyinthepossessionoftaxdocumentsorinformation,releaseinformationanddocumentationtotheColoradoLiquorEnforcementDMsion,andisdulyauthorizedemployees,toactastheApplicant’s/Licensee’sdulyauthorizedrepresentativeundersection39-21-113(4),C.R.S.,solelytoallowthestateandlocallicensingauthorities,andtheirdulyauthorizedemployees,toinvestigatecompliancewiththeLiquorCodeandLiquorRutes.Applicant/Licenseeauthorizes thestateandlocallicensingauthorities, theirdulyauthorizedemployees,andtheirlegalrepresentatives,tousetheinformationanddocumentationobtainedusing thisWaiverinanyadministrativeorjudiciafactionregardingtheapplicationorlicense.NimefIndMduaUBushess)[daISecurityNumber/TaxidenhIationNum5iCoyoteMountainLodgeLLCJ_________Mdiéss1340BigThompsonAveCfty-------StateEstesParkCO80517HomePhoneNumberBusinessNVorkPhoneNumber•303-444-3742970-5864376PrintednameofpersonsigningonbehátfoftheApplicant/LicenseeEricNeebAppflcanUUcenturenatureauthorizingthedisdosurefconfldenUaltaxinformation)FDatee--—---rnyiyfk1çmentProvidingyourSocial Security Numberis voluntaryandnoright,benefitorprivilegeprovidedbylawwillbedeniedasaresullofrefuMt8iI5I6q1,701Pnv3cyAct5UG(notu)Page 113
m-oØCA)Q000-‘‘J0DtTh-r-co-._D0CD\1ciTPage 114
OR 8404-1 (031211/19) COLOAADO DEPARTMENT OF REVENUE Liquor Enforclllmenl Division (303) 205-2300
Individual History Record
To be completed by the foHowing persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and rirnited partners owning 10% or more of the partnership; all principal officera of a corporation, au directors of a corporation, and any
stockholder of a corporation owning 100/4 or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavem and Lodging and Entertainment class of retail license
Notice: This individual history record requires infonnation that is necessary for the licensing investigation or Inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please Indicate
so by "NIA". Any deliberatlt misrepresentation or material omlaaion may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questiOns completely)
1. Name of Business Home n,one Number I Cellular NumberCoyote Mountain Lodge 303-444-37 42 2. Your FuU Name (last, first. middle)Neeb, Eric, Anderson 3. List any other names you have used
4.Malling address (if different from residence)eman Address eric@coyotemounlainlodge.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To !Current2898 S Lakeridge Trail Boulder, CO 80302 01/01/2015 present
Previous
6.List all emplovment within the last five years. Include any self-employment (Attach separate sheet if necessary)
Name of Employer or Buslneaa Ad�ress (Street, Number, City, State, Zip) Position Held From To
Discovery Lodge Inc 2898 S Lakeridge Trail Secretary 01/01/2015 Present
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name of Relative Relationship to You Position Held Name of Ucen ...
none
8. Have you ever applied tbr, held, or had an interest In a Colorado Liquor or Beer License. or loaned money,□Yes li!No furniture, fixtures, equipment or inventory to any licensee? (tf yu, answer in detail.)
9.Have you ever received a viOlation notice, suspension, or revocation for a liquor law violation, or have you □Yes .liJ Noapplied for or been denied a liquor or beer license anywhere in the Unit� States? (If ves, explain in detail.)-
ATTACHMENT 3
Page 115
DR8404-1(03/20/19)o:Haveyoueverseenconviiedofacnmeorreceivedasuspendedsentence,deferredsenten,orforfeited__baitforanyoffenseincriminalormititarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)“No11,Areyoucurrentlyunderprobation(supeMsedorunsupervised),parole,orcompletingtherequirementsofa,deferredsentence?(lfyes,explainindetail.)No12.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes,explainindetail)YesNo--PersonalandFinancialfñformatioñUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.ThepersonalqrmationrequiredingLsUon#13issolejyjoridentificationpurposes.13a-Dateàfir1hbNumber1cPlaceofBirth——--IBurbank,CAIdU.SCitizenIilYesCNoe.lfNaturahzed,statewhereWteng.NameofDistrictCourth.NaturahzationCertificateNumberJ[bateofCeriificetonj.1fanAen,G’eAen’sRtraUonCardNumberk.PermanentResidenceCardNumberI:Reight[Weightn.HairColor0.EyeColorp.Genderq.DoyouhaveacurrentfltiVr’1IrrS&1bffso,givenumberandstate.5’8”J180JtondeGreenJMYesQNo#StateCO14.Financialinformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedtiabdftycompany,other.$J1325_--bJjstthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessindudinganynotes,toans,cash,servicesorequipment,operatingcapital,stockpurchasesorfeespaki.$0.00*11corporateinvestmentonlypleaseskiptoandcompletesectionCd)_**SacUonbshouldreflectthetotal ofsectionscandeC-Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforaltofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Typ•:Cash,$ervIceorEquipmentAccountTypeBankNameAmountn/aCash,ServicesorEqu(pmentLoansAccountTypeBankNameAmountCash-—N/ACheckingUSBank$3,fI325e.Loanlnformation(Aflachcopiesole!)nctesorloans)n/aNameofLenderAddressTemiSecLirftyAmountd.Providedetailsoftherporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)OathofApplicantlçjçlareUnIofjjrvthatthisaolicationandallattachmentsarefruecorrectandcomietetotIiehestotmylnowie.qe.CNeebIMnOQtIPdntSigiatureThfip—-TFeteIPage 116
DR8404-4(03120(19)COLORADODEPARTUfNTOFREVENUELiquorEnforcementDMS1O(303)205-2300IndividualHistoryRecordTobecompletedbythefollowingpersons,asapplicable:soleproprietors;generalpartnersregardlessofpercentageownership,andlimitedpartnersowning10%ormoreofthepartnership;allprincipalofficersofacorporation,alldirectorsofacorporation.andanystockhotdetofacorporationowning10%ormoreoftheoutstandingsto;managingmembersorofficersofalimitedliabditycompany,andmembersowning10%ormoreofthecompany;andanyintendedregisteredmanagerofHotelandRestaurant,TavernandLodgkgandEntertainmentUassofretaillicenseNotice:Thisindividualhistoryrecordrequfresinformationthatisnecessaryforthelicensinginvestigationorinquiry.Allquestionsmustbeansweredintheirentiretyorthelicenseapplicationmaybedelayedordenied.Ifaquestionisnotapplicable,pleaseindicatesobySN/As.Anydeliberatemlsr.pres.ntationormaterialomissionmayjeopardizethelicenseapplication.(Pleaseattachaseparatesheetifnecessarytoenableyoutoanswerquestionscompletely)iNàmeofisiness.flflihOneNumber]CeflularNumberCoyoteMountainLodge303-444-374212.YourFullNarñ(tast.first,midd)3.ListanyothernamesyouhaIeUSeuPeng.Leslie——4.Mailingaddress(ifdifferentfromtesidence)EmailMdressLeslIePengO9gmail.com5.Listcurrentresidenceaddress.Lncludeanypreviousaddresseswithinthelastfiveyears.(Attachseparatesheetifnecassary)-SfreetandNumberCity,StatZipFrom•ToCurrent2898SLakeridgeTrailBoulder,CO8030201’20f5presentPrevious6.ListaltemploymentWithinthelastfiveyears.Includeanyself-employment.(Atachseparatesheetifnecessary)NameofEmployerorBusInessAddress(Streetjlumber,CIty,State,Zip)Po&tlonHeldFromTonotemployedfhomemaker7.Listthenamefs)ofrelativesworkinginorholdingafinana&interestintheColoradoalcoholbeverageindustry.8.Haveyoueverappliedfor,held,orhadaninterestinaColoradoLiquororBeerLinse,orloanedmoney,furnitureSfixtures.eouiomentorinventorytoanylicensee?(ifyes.answerindetail.)YesNoNameofRelativenoneRelationshiptoYouPositionHeldNameofUcansae9HaveYOUeverreceivedaviolationnotice,suspension,orrecationforallquorlawvioiationorhaeyouappliedfororbeendeniedaliquororbeerlicenseanwhereentheUnited$tas(Ifyesexplainindetail)YesNoPage 117
DR8404-I(03/20/19)10.HaveyoueverbeenconvictedofacrimeorreceivedasuspendedSentence,deferredsentence,orforfeited-baitforanyoffenseinairnInalormilitarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)es•0II.Areyoucurrentlyunderprobation(siçenisedor&rnsuperv,sed),parole,orcompletingtherequirementsofadeferredsentence?(Ifyes.explainindetaiL)No12.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes,explainmndetail.)0yesNoPersonalandFinancialInformationUnlessotheiwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationreouredinauestion#13issolelyfor‘‘-—----
---—--i3a.DateofBirth[‘tirftvNumberfc.PlaceofBirth•1---IHouywoodCAI-Citizen4YesQNoe.IfNaturatized,statevierJf.Weng.NameofDistrictCourtnNaturalizationCerUficateNumberLDateofCertificatcnIFIfanAienGvePensRegisfrabonCardNUmberk.PermanentResidenceCardNumberIHeightjmVhtHairCoIor[.EyeCOIOp.GenderDoyouhávéacurrentDñve?sLicensefID?tfso,grvenumóerandstäfe.515Hj13ojblackLrownFj[esDNo#sateP14FinancialInformation.a.TotalpurchaseprIorinvestmentbeIngmadebytheapplyingenttty,corporation,partnership,limitedliabilitycompany,other.—-b:Listthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessincludinganynotesloans,cash,sertic;esorequipmenLoperatingcapital,stockpurchasesorfeespaid.$OQQ*ifcorporatelnvstmentonlyplaseskiptoandcompl.tes.ction(U)*SectionbshouldreflctUi.totalofsectionscandeC.Provedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetfneeded)Type:Cash,S•McsorEquipmentAccountTypeBankNameAmountn’ad.Providedetailsofthecorporateinvestmentdescribedin14(a).Youmustaccountforallofthesoursofthisinvestment.(Attachaseparatesheetifneeded)TypeCash,ServicesorEquipmentLoansAccountTypeBankNameAmountCash--—-—N/ACheckingBank“I325e.LoanInformation(Attachcopiesofaltnotesorloans)—NameofLenderAddressTermSecurityAmountn/aOath0?Applicantiedarewiderofpei!y:isuecorrectanmtejoiiees{omknowiedqfntsnae-—---fl-1hMP-;7ijr-I-Page 118
June 30, 2020
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
Dear Ms. Williamson:
RE: Coyote Mountain Lodge
Neeb, Eric
Neeb, Leslie
Peng, Leslie
A check of the Estes Park Police Department local records on the above-named
individuals was conducted. These records date back in our system to October
2004. Eric Neeb is listed as a Victim of Embezzlement. There are multiple
Wildlife Protection Ordinances at the business. There were reports of Criminal
Waring and Suspicious Circumstances. There are no other reports on the
business or the individuals listed.
Sincerely, �
w�;t t(/4 . ��
Chief of Police, Estes Park Police Department
170 MACGREGOR AVE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org
Police Department
Wes Kufeld, Chief of Police
970-586-4000
www.estes.org/pd
ATTACHMENT 4
Page 119
Page 120
TOWN ATTORNEY’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Attorney Dan Kramer
Date: July 14, 2020
RE: Resolution 44-20 to Approve Intergovernmental Agreement and Bill of
Sale to Transfer the Dannels Fire Station to the Estes Valley Fire Protection District
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Sell the Dannels Fire Station to the Estes Valley Fire Protection District for $10, and
retain rights to access and maintain communication facilities at the site.
Present Situation:
The people of Estes Park have approved this transfer of a public building by vote of
2,007 to 254. Further explanation of the situation and the proposal are included in the
attached memorandum prepared by Town Attorney White before his retirement.
Action Recommended:
Approve the resolution to complete the transaction as contemplated by the voters.
Level of Public Interest
Moderate.
Sample Motion:
I move for the approval of Resolution 44-20.
Attachments:
1. Staff Memorandum of Town Attorney White dated July 9, 2019
2. Resolution 44-20
3. Exhibit A Intergovernmental Agreement for Access and Maintenance to Town
Communication Facilities
4. Statement and Certificate of Determination of an Election Held April 7, 2020
Page 121
TOWN ATTORNEY Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Town Attorney White
Date: July 9, 2019
RE: Transfer of the Dannels Fire Station to Fire District and the IGA
with the Fire District for Access to Town Communication
Facilities in the Dannels Fire Station
Objective:
Review and, if appropriate, approve the Deed and Bill of Sale for transfer of the
Dannels Fire Station to the Estes Valley Fire Protection District; and review and, if
appropriate, approve the Intergovernmental Agreement for Access and Maintenance
to Town Communication Facilities located in the Dannels Fire Station.
Present Situation:
In 1996, the Town was the recipient of Special Use Permit (SUP 6-LM-60-L3717) from the US
Department of the Interior through the Bureau of Reclamation (BoR). The purpose of the
Special Use Permit was to allow the Town to build and operate the Dannels Fire Station on
1.74 acres of Reclamation land just east of the Estes Park Power Plant. The Town designed
and built the Dannels Fire Station. Following the formation of the Estes Valley Fire Protection
District (Fire District) in 2010, the Town leased the Dannels Fire Station to the Fire District.
On April 30, 2019, the BoR issued the Fire District License Agreement 17-LM-60-1901. This
License will become effective upon the termination of the Town’s 1996 Special Use Permit
and contemplates the transfer of the Dannels Fire Station to the Fire District. Upon transfer of
the Dannels Fire Station from the Town to the Fire District, the Town’s Special Use Permit will
be terminated. The Deed and Bill of Sale will transfer the Dannels Fire Station including the
fire station building, parking lot, landscaping, and any and all related appurtenances to the
Fire District AS IS, except for the Town’s communication equipment located within the
Dannels Fire Station.
The Intergovernmental Agreement for Access and Maintenance to Town Communication
Facilities (IGA) provides for the Town to continue to own its communication facilities and have
ATTACHMENT 1: Memo from 07-09-2019
Page 122
access to the Dannels Fire Station to maintain and repair the communication facilities. Also,
the IGA recognizes the Town’s current provision of phone service for the Fire District’s phones
and provides a continuation for said phone service and payment of a pro-rata share of the
cost of the phone service by the Fire District to the Town.
Advantages:
The approval of the transfer of the Dannels Fire Station will terminate the
Town’s Special Use Permit from the BoR and allow the Fire District to be
responsible for the cost of maintenance and repair of the fire station building,
parking lot, landscaping, and all other related appurtenances on the BoR
property.
The Town will not have any further expense for maintenance of the Dannels
Fire Station including current pending repair and improvements to the fire
station building.
Approval of the IGA will allow the Town to continue to maintain its
communication facilities in the Dannels Fire Station and provide phone service
to the Fire District through the communication equipment as is currently taking
place.
Disadvantages:
None.
Action Recommended:
Staff recommends the approval of the Deed and Bill of Sale, and approval of the IGA with the
Fire District.
Budget:
The current Town Budget is not impacted. However, future Town Budgets will not
include any expense for repair and maintenance of the Dannels Fire Station, parking lot,
landscaping and appurtenances.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the execution and deliver of the Deed and Bill of Sale from the
Town of Estes Park to the Estes Valley Fire Protection District for transfer of the
Dannels Fire Station, and approve the Intergovernmental Agreement for Access and
Maintenance to Town Communication Facilities between the Town of Estes Park and
the Estes Valley Fire Protection District.
Attachments:
Deed and Bill of Sale
Intergovernmental Agreement for Access and Maintenance to Town
Communication Facilities
Page 123
RESOLUTION 44-20
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE
ESTES VALLEY FIRE PROTECTION DISTRICT FOR ACCESS AND MAINTENANCE
TO TOWN COMMUNICATION FACILITIES, AND DEED AND BILL OF SALE, FOR
THE DANNELS FIRE STATION
WHEREAS, the Town and the Fire District desire that ownership of the Dannels
Fire Station transfer from the Town to the Fire District; and
WHEREAS, the people of the Town have approved such transfer by vote at a
regular election; and
WHEREAS, the Town and the Fire District desire the Town to retain access and
maintenance rights for Town communication facilities on the premises.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution, including the Deed and Bill of Sale
attached thereto as Exhibit A, in substantially the form now before the Board.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 2
Page 124
{00765814.DOCX / }1
INTERGOVERNMENTAL AGREEMENT FOR ACCESS AND MAINTENANCE TO
TOWN COMMUNICATION FACILITIES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this ____ day
of _______________, 2020, between the Town of Estes Park (the "Town") and the Estes Valley
Fire Protection District (the “Fire District”), collectively, the “Parties”.
RECITALS
WHEREAS, the Town, upon the execution by both Parties of this Intergovernmental
Agreement will transfer the Dannels Fire Station to the Fire District by Deed and Bill of Sale, a
copy of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the Town has installed and maintains certain communication equipment (the
“Communication Facilities”) within the Dannels Fire Station as more fully set forth on Exhibit B
attached hereto and incorporated herein by reference; and
WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to state the
terms and conditions of the Communications Facilities remaining in the Dannels Fire Station
including access by the Town to the Communication Facilities.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. The Communication Facilities shall remain the property of the Town.
2. The Town shall have the right to access Dannels Fire Station to maintain, replace, repair,
extend, and/or remove all or part of the Communication Facilities.
a. The Town shall provide the Fire District with a minimum of 24 hours’ notice prior to
the Town accessing Dannels Fire Station for routine maintenance, replacement,
repair, extension and/or removal of the Communication Facilities. The Town will
endeavor to perform work within regular business hours and during times that will
minimize conflict with the District’s use of the Dannels Fire Station to the extent
possible.
b. In the event of an emergency which requires access to the Dannels Fire Station by the
Town for the Communication Facilities, the Town shall be entitled to access Dannels
Fire Station without providing the 24-hour notice provided in Section 2.a. above. The
Town shall endeavor to provide as much notice as possible to the Fire District prior to
accessing Dannels Fire Station for an emergency situation.
Exhibit A ATTACHMENT 3
Page 125
{00765814.DOCX / }2
3. The Town may maintain, repair, replace, extend, and/or remove the Communication
Facilities using third party contractors which shall be agents of the Town for the purposes
of this Intergovernmental Agreement. Any contract that the Town enters into for this
purpose will include language waiving liability to the District for any claims for payment
or performance thereof, and which provides that the third party has and will maintain
liability insurance coverage in an amount at least of the limits of the Colorado
Governmental Immunity Act.
4. The Town currently provides, through the Communication Facilities, phone service for
the Fire District’s phones. The Town shall continue to provide phone service to the Fire
District. The Town shall invoice the Fire District for the cost of providing said phone
service. Said cost shall be based upon the number of phone handle sets used by the Fire
District during the previous calendar year prorated based on the Town’s internal cost for
phone service. Currently, the Fire District has approximately twelve phone handle sets
and the annual billing has averaged between $100 to $130 per phone handle set per year.
The Fire District shall be responsible for all costs incurred by the Fire District for long
distance phone service.
5. In the event the Town removes all of the Communication Facilities from the Dannels Fire
Station and does not intend to replace the Communication Facilities, the Town agrees to
provide at least sixty (60) days’ notice to the District sufficient to install its own
communication facilities and to reasonably repair any damage to the Dannels Fire Station
caused by removing the Communication Facilities. The Parties agree that to the extent
possible, this Intergovernmental Agreement will remain in effect for the period of time
necessary to install the new District communications facilities, and then this
Intergovernmental Agreement shall terminate.
6. The term of this Intergovernmental Agreement shall coincide with the term of the Fire
District Licensing Agreement 17-LM-60-1901 with the United States of America unless
sooner terminated by mutual agreement of the Parties or pursuant to Section 5 above.
7. Severability. If any provision of this Intergovernmental Agreement, or the application of
such provision to any person, entity or circumstance, shall be held invalid, the remainder
of this Intergovernmental Agreement shall not be affected thereby.
8. Entire Agreement. This Intergovernmental Agreement shall not invalidate or otherwise
affect any other agreement presently in effect. This Intergovernmental Agreement
represents the entire agreement of the Parties and any amendment to this Intergovernmental
Agreement shall be in writing and executed by the Parties.
Page 126
{00765814.DOCX / }3
9. Governing Law. It is expressly understood and agreed by and among the Parties that this
Intergovernmental Agreement is made in and shall be construed and interpreted in
accordance with the laws of the State of Colorado.
10. Assignment. This Intergovernmental Agreement shall not be assigned by either of the
Parties without the prior written consent of the other Party.
11. Relationship of Parties. The Parties enter into this Intergovernmental Agreement as
separate and independent governmental entities and each shall maintain such status
throughout the term of this agreement.
12. Effect of Agreement. This Intergovernmental Agreement is not intended to, nor should it
be construed to, affect or extend the legal responsibilities of either of the Parties; create or
modify any preexisting legal obligations, if any; or create for or extend any of the legal
rights of any person. This agreement shall not be construed as or deemed to be an
agreement for the benefit of any third party or parties, and no third party or parties shall
have any right of action hereunder for any cause whatsoever.
13. Counterparts. This Intergovernmental Agreement may be executed in any number of
original counterparts, all of which evidence only one agreement. The parties agree that
counterpart signatures of this Intergovernmental Agreement shall be acceptable and that
execution of this Intergovernmental Agreement in the same form by each party shall be
deemed to constitute full and final execution of this Intergovernmental Agreement.
14. Construction of Agreement. This Intergovernmental Agreement shall be construed
according to its fair meaning as if it was prepared by the Parties and shall be deemed to be
and contain the entire Agreement between the Parties. There shall be deemed to be no other
terms, conditions, promises, understandings, statements or representations, expressed or
implied, concerning this Intergovernmental Agreement, unless set forth in writing and
signed by the Parties.
15. Binding Effect. This Intergovernmental Agreement shall be binding upon and inure to the
benefit of the Parties and their respective successors and permitted assigns.
16. Governmental Immunity Act. No term or condition of this Intergovernmental Agreement
shall be construed or interpreted as a waiver, express or implied, by either of the Parties of
any of the notices, requirements, immunities, rights, benefits, protections, limitations of
liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101 et seq. and under any other applicable law
Page 127
{00765814.DOCX / }4
17. Notices. Any notice under this Intergovernmental Agreement to a party shall be effective
upon receipt at the addresses set forth below.
Town of Estes Park:Town of Estes Park
Attn: Town Administrator
P O Box 1200
Estes Park, CO 80517
Estes Valley Fire Protection District: Estes Valley Fire Protection District
Attn: Fire Chief
901 North Saint Vrain Avenue
Estes Park, CO 80517
[SIGNATURES ON NEXT PAGE]
Page 128
{00765814.DOCX / }5
IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement
the day and year first above written.
TOWN OF ESTES PARK
By:_____________________________
ATTEST:
By:_____________________________
Town Clerk
ESTES VALLEY FIRE PROTECTION DISTRICT
By: __
Fire Chief
ATTEST:
By: _____________________________
Secretary
Page 129
{00765814.DOCX / }6
EXHIBIT A
(to IGA)
DEED AND BILL OF SALE
THIS DEED AND BILL OF SALE dated this day of ________, 2020,
between the Town of Estes Park, a municipal corporation and political subdivision of
the State of Colorado (“Grantor”) and the Estes Valley Fire Protection District, a quasi-
municipal corporation and political subdivision of the State of Colorado (“Grantee”):
WITNESSETH, that the Grantor, for and in consideration of the sum of One
Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, has remised, released, sold and quitclaimed, and by these
presents does remise, release, sell and quitclaim unto the Grantee, its successors and
assigns, forever, all the right, title, interest, claim and demand which the Grantor has in
and to the improvements, situate, lying and being in the County of Larimer and State of
Colorado, described as follows:
That certain Fire Station known as the “Dannels Fire Station,” including the
fire station building, parking lot, landscaping and any and all related
appurtenances, located on 2.13 acres of Reclamation land in Estes Park
Colorado, and more particularly described as the fire station located
adjacent to Lake Estes and Estes Park Powerplant in the East Half of
Northwest Quarter Section 30, Township 5 North, Range 72 West, 6th P.M.,
Larimer County, Colorado, subject to Bureau of Reclamation License No.
17-LM-60-1901 (“License”), as depicted in Exhibit A attached hereto and
incorporated herein by this reference (also depicted in Exhibit B to the
License), except for the communication equipment of the Town located
within Dannels Fire Station as more fully set forth on Exhibit B attached
hereto and incorporated herein by this reference, which will remain the
exclusive property of the Town.
The fire station building, parking lot, landscaping, and any and all related
appurtenances are transferred from Grantor to Grantee “AS IS”.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law
or equity, to the only proper use, benefit and behoof of the Grantee and its successors and
assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this Deed and Bill of Sale on
the date set forth above.
Page 130
{00765814.DOCX / }7
GRANTOR:
By:
Title:
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
_________, 2020, by as of
.
Witness my hand and official seal.
My commission expires:
Notary Public
Page 131
{00765814.DOCX / }8
ACCEPTANCE
The Estes Valley Fire Protection District hereby accepts the real and personal
property improvements conveyed herein, along with the License to operate the
improvements, as in conformance with the District’s Rules and Regulations and
associated standards this day of __________, 2020.
By:
Name:
Title:
Page 132
{00765814.DOCX / }9
EXHIBIT A
(to Deed and Bill of Sale)
Page 133
{00765814.DOCX / }10
Page 134
{00765814.DOCX / }11
EXHIBIT B
(to Deed and Bill of Sale)
Communication Facilities:
Rack
Switch – Town fiber
PBX Phone Equipment
Battery
Page 135
{00765814.DOCX / }12
EXHIBIT B
(to IGA)
Communication Facilities:
Rack
Switch – Town fiber
PBX Phone Equipment
Battery
Page 136
FOR MAYOR:
Wendy Koenig
Charley Dickey
FOR TRUSTEE:
*Patrick Martchink
*Cindy Younglund
*Barbara MacAlpine
Ward A Nelson
J.Scott Webermeier
*Elected to 4-yr. terms
BALLOT QUESTION:
STATEMENT AND CERTIFICATE
OF DETERMINATION
OF AN ELECTION HELD
APRIL 7, 2020
TOWN OF ESTES PARK
Ballots 4n
1824
523
Ballots 4n
1251
1251
1186
927
1135
Ballots 4n
Precinct #1
Ballot 4/16
10
3
Ballot 4/16
9
7
9
3
5
Ballot 4/16
Total Votes Cast
1834
526
Total Votes Cast
1260
1258
1195
930
1140
Total Votes Cast
Shall the Town of Estes Park Sell the Dannels Fire Station for $1 to the Estes
Valley Fire Protection District?
*Yes 1996 11 2007
No 253 1 254
ST ATE OF COLORADO }
County of Larimer } ss.
We, the undersigned Canvassers of the Election Returns of an Election held in Estes Park, in the State of Colorado, on
Tuesday, the 7th day of April, 2020, for the Election of Mayor, Three Trustees and Ballot Question do hereby certify that
the above is a true and correct abstract of the votes cast at said election, as shown by the abstract for the one voting
precinct in said Estes Park, Colorado.
WITNESS our hands and seal this 16th day of April, 2020.
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ATTACHMENT 4
Page 137
Page 138
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Randy Hunt, Community Development Director
Date: July 14, 2020
RE: Amendment One to the SAFEBuilt Contract for Building Permit Technician
and Fee Offset for Town-Owned Building Projects
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and approve an amendment to our existing Professional Services Contract with
SAFEBuilt Colorado, LLC for building safety services on behalf of the Town. The
amendment: (a) Would include the Building Permit Technician position in the percentage-of-
fees element in the contract, and in exchange would increase the fee capture by SAFEBuilt
from 82% of permit revenue to 100%; and (b) would provide that SAFEBuilt will charge the
Town only 50% of the fee schedule for Town-owned projects, rather than 100%.
Present Situation:
When the Town approved our contract with SAFEBuilt in Jan. 2020, all Building division
staff positions were designated for SAFEBuilt staffing except the Building Permit
Technician. It was felt at the time that at least one staff member in the division should
remain a Town employee,
Our Permit Tech at that time has recently left Town employ, and the position is vacant.
SAFEBuilt has provided temporary assistance with the position at an hourly charge, which
has helped but is not cheap. Town attempts to recruit and hire a Permit Tech since March
have not met with success. The process could be restarted, but this would take at least six
weeks and probably longer, before a hire could potentially be made. We are currently in
peak season for building, and the gap in service is not sustainable for long.
The second and separate aspect of this amendment, the 50 percent subvention for Town-
owned projects, is not actually a new proposal, as Town Board members in January will
recall. During the contract discussion, SAFEBuilt offered, and the Board collectively agreed,
Memo COMMUNITY DEVELOPMENT
Page 139
that Town projects could be revenue-discounted by the company – i.e., they would charge
us only 50 percent of the actual cost to SAFEBuilt for plan review and permit services.
However, this was not added to the motion and vote on Jan. 14. (There have only been a
few Town-owned projects since then.)
Proposal:
Attachment 1 (Amendment One / Professional Services Agreement between Town of Estes
Park, Colorado and SAFEBuilt Colorado, LLC) states the proposed amendment terms.
Permit Tech:
Staff and SAFEBuilt have been in discussions about adding the position to our percentage-
of-fees contract, thus alleviating the hourly charge expense. (A Permit Tech at the $45
hourly rate, if filled full time 40 hours per week, 50 weeks per year, would equal approx.
$90,000 / year.)
The amended contract (attachment 1 - see revised Service Fees schedule, rows 3 and 6
out of 11 in the table) would do two things in connection with a Permit Tech position: (a) It
would transfer position personnel and administration to SAFEBuilt, as other Building staff
are now; and (b) in exchange, SAFEBuilt’s retention of Town building permit fees would
increase from 82 percent to 100 percent retained.
Current revised 2020 budget for building permit fees is based on projected revenue of
$397,000 this year. The current SAFEBuilt contract would send approx. $325,540
(annualized) to the company. This contract amendment would send the remaining est.
$69,660 (annualized) to SAFEBuilt. With the fiscal year now approximately half over,
roughly $35,000 in actual fees would go to the company.
Staff does not know the exact salary + benefits cost for a Town-hired Permit Tech, as it
would depend on that person’s salary expectations and the negotiated hire rate – hard to
predict with a vacant position. However, based on starting pay in the upper $40K range, the
salary + benefits would not be far off the estimated $69,660 revenue cost under the
contract. In effect, the annualized cost of the SAFEBuilt contract amendment would be
close to even, compared to a Town hire. Various indirect costs would be saved under the
contract arrangement, such as time and money spent toward another Town hiring process.
A downside of a contract approach is that community sentiment, especially among
contractors, has been in favor of keeping the Permit Tech position in-house, for reasons
including having a local staff member invested in Town well-being and knowledgeable about
local affairs. This has been specifically emphasized by the Building Advisory Committee
(BAC), composed of Estes Valley contractor and design professionals. That is certainly a
relevant consideration. However, in recent discussions the BAC members were also
disinclined to see the position left vacant for 6 to 9 more weeks while the Town hiring
process was restarted. Concern was also expressed as to the outcome of the last
unsuccessful search. The BAC generally supported the necessity of this contractual
approach, but indicated their interest in revisiting the matter when the contract is up for
consideration at the end of the year. Staff noted that the ability to reconsider the contract is
built into our budget process as well as the contract itself.
Page 140
SAFEBuilt has a recently hired employee who is experienced and willing to fill the Permit
Tech position. Staff is familiar with this individual through prior experience, and we are very
comfortable at this time with an ongoing staffing arrangement with him and the company.
Subvention of Town-owned Project Costs:
The second aspect of this amendment is quite simple, consisting of adding a single line in
the Service Fees schedule to confirm the 50 percent reduction (see row 10 of 11 in the
table.) SAFEBuilt and the Town agree that it’s still appropriate to honor the January
consensus and include this provision in the current contract.
Advantages:
Allows a vacant position to be filled quickly.
Is not projected to increase contract cost or decrease Town revenue significantly,
when savings for Town staffing are factored in.
The 50 percent subvention is a clear benefit to the Town for our own projects.
Disadvantages:
There is always an argument for providing Town services through a Town staffing
and resource model.
Action Recommended:
Staff recommends approval of the contract amendment as drafted.
Finance/Resource Impact:
Approx. budget neutral, based on estimated cost and revenue.
Level of Public Interest
Low.
Sample Motions:
1. I move to approve the Professional Services Contract Amendment One with
SAFEBuilt Colorado, LLC for Building Safety Services for calendar year 2020.
2. I move to deny the Professional Services Contract Amendment One with SAFEBuilt
Colorado, LLC for Building Safety Services for calendar year 2020, finding that …
[state findings for denial].
3. I move to continue to [date certain] Town Board meeting the Professional Services
Contract Amendment One with SAFEBuilt Colorado, LLC for Building Safety
Services for calendar year 2020. [state reasons for continuance].
Attachments:
1. Amendment One / Professional Services Agreement between Town of Estes Park,
Colorado and SAFEbuilt Colorado, LLC
Page 141
AGREEMENT AMENDMENT Page 1 of 2
AMENDMENT ONE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN TOWN OF ESTES PARK, COLORADO
AND SAFEbuilt COLORADO, LLC
This Amendment is entered into to amend the Professional Services Agreement previously entered into by and
between Town of Estes Park, Colorado, (Town) and SAFEbuilt Colorado, LLC, (Consultant) on January 01, 2020. Town
and the Consultant shall be jointly referred to as the “Parties”.
Amendment Effective Date: This Amendment shall be effective on the latest date fully executed by both Parties.
RECITALS AND REPRESENTATIONS
Town and Consultant entered into a Professional Services Agreement (Agreement), by which both Parties
established the terms and conditions for service delivery on January 01, 2020; and
Parties hereto now desire to amend the Agreement as set forth herein; and
NOW, THEREFORE
Agreement, Exhibit A, SAFEbuilt Scope of Services and Cost Proposal is hereby amended as set forth below; and
1.Consultant will provide one (1) full time Permit Technician on‐site at Town offices during normal business
hours, excluding Town holidays.
2.“School Projects” will be removed from Agreement, Exhibit A, Section 6. Fee Schedule.
3.The following shall replace Exhibit A, Section 6. Fee Schedule:
6.FEE SCHEDULE
Municipality will promptly notify Consultant of any revisions or amendments to Municipal Fee Schedule
Municipality will periodically review its Municipal Fee Schedule and valuation tables and make
adjustment to reflect increases in the cost incurred by Consultant in providing Services
Beginning January 01, 2021 and annually thereafter, the hourly rates listed shall be increased based
upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof,
Consumer Price Index (United States City Average, All Items (CPI‐U), Not Seasonally adjusted, All Urban
Consumers, referred to herein as the “CPI”) from the previous calendar year, such increase, however,
not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI
data. If the index decreases, the rates listed shall remain unchanged.
Consultant fees for Services provided pursuant to this Agreement will be as follows:
Service Fee Schedule:
Inspection Service (permits issued prior to service start date) $75.00 per inspection
Inspection Service (permits issued after service start date) 100% of Municipal Permit Fee as established
by ordinance or resolution
Plan Review Services ‐ excludes engineer review fees 100% of Municipal Plan Check Fee as
established by ordinance or resolution
Structural Engineering Plan Review $150.00 per hour – one (1) hour minimum
Building Official Services Included in percentage of fees above
Permit Technician Service Included in percentage of fees above
After Hours/Emergency Inspection Services $100.00 per hour – two (2) hour minimum
Non‐Permitted Activity (by request only) $75.00 per hour – one (1) hour minimum
Investigative Services (by request only) $75.00 per hour – one (1) hour minimum
Town Owned Projects 50% of applicable Municipal fees as
established by ordinance or resolution
Note: Three percent (3%) of Consultant fees for Estes Park Community Outreach Program
ATTACHMENT 1
Page 142
AGREEMENT AMENDMENT Page 2 of 2
The original Agreement, Exhibits and terms shall remain in effect, to the extent not modified by Amendment.
IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the
dates hereinafter enumerated.
CONSULTANT
__________________________________________________
Thomas P. Wilkas, CFO Date
SAFEbuilt Colorado, LLC
TOWN OF ESTES PARK:
__________________________________________________
Mayor Date
ATTEST:
APPROVED AS TO FORM:
Page 143
Page 144
TOWN ATTORNEY’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Attorney Dan Kramer
Date: July 14, 2020
RE: Policy 1101 – Delegation of Contract Signature Authority
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER__Policy______
QUASI-JUDICIAL YES NO
Objective:
Set forth who within the Town organization can sign which contracts.
Present Situation:
Policy 601 sets forth who within the Town organization can sign which purchasing-
related contracts. No similar policy applies to other contracts. This can result in
confusion and inconsistency for staff.
Proposal:
Set forth in detail the proper Town signatories, and memorialize the document as a
Town policy. The draft policy includes a section on the “reserved authority” of the Town
Board. These are items that the Board would reserve to itself the ability to approve, and
these include contracts that require Board approval by law, most intergovernmental
agreements, MOUs with nonprofit partners, deeds of property to the Town, and the
acceptance of grants and donations. This policy would not impact approval processes
that the purchasing policies have already established.
Advantages:
Clarity and consistency in approval of documents.
Disadvantages:
Inflexibility. A staff member would no longer be able to sign an intergovernmental
agreement they thought was appropriate and did not warrant Board review, for example.
Action Recommended:
Approve the draft policy.
Finance/Resource Impact:
None
Page 145
Level of Public Interest
None
Sample Motion:
I move for the approval of Policy 1101.
Attachments:
1. Policy 1101: Delegation of Contract Signature Authority
Page 146
Document Title Policy 1101 – Delegation of Contract Signature Authority 7/14/20
Revisions: Town of Estes Park, Town Attorney Page 1 of 3
Effective Period: Until Superseded
Review Schedule: Annually
Effective Date: 7/14/2020
References:
TOWN ATTORNEY
1101
Delegation of Contract Signature Authority
1. PURPOSE
The purpose of the policy is to systematize the delegation of contract signature
authority.
2. POLICY
The Town hereby delegates to the following Town officials authority to sign the
properly authorized written contracts described herein.
3. PROCEDURE FOR DELEGATED SIGNATURE AUTHORITY
The Mayor, Town Administrator, each Department Director, and their subordinate
staff listed below may sign properly authorized contracts, approved as to form by the
Town Attorney or an attorney designated by the Town Attorney, listed under their
respective titles, including those listed under their subordinates’ titles. The Assistant
Town Administrator may sign any contract that any Department Director may sign.
Contract signature authority may also be delegated by specific action of the Town
Board. Additional authority also derives from the Town’s adopted purchasing
policies.
a. RESERVED AUTHORITY
The Town Board reserves to itself the authority to approve the following contracts, for
signature by the Mayor:
i.contracts requiring Town Board approval under applicable law
ii.agreements with other governmental entities, with the exception of standard
agreements applicable to these entities only in their proprietary capacity, that fall
under the delegated authority below
iii. memoranda of understanding with nonprofit organizations for the ongoing support
of Town operations
ATTACHMENT 1
Page 147
Document Title Policy 1101 – Delegation of Contract Signature Authority 7/14/20
Revisions: Town of Estes Park, Town Attorney Page 2 of 3
iv. deeds of dedication of rights of way and other property to the Town
v. acceptance of grants and donations
vi. other contracts not listed below
b.TOWN ADMINISTRATOR
agreements and releases on personnel and employment matters
insurance agreements
grants by the Town of licenses and easements for the use of Town property
development agreements
i. DIRECTOR OF FINANCE
1) banking and investment agreements
2) credit agreements
ii. DIRECTOR OF EVENTS AND VISITOR SERVICES
1) special use agreements for events on Town property
2) agreements for temporary use of the Fairgrounds
3) agreements to allow catering services at the Events Complex
i.SALES AND MARKETING MANAGER
a. contracts for the use of Mrs. Walsh’s Garden, the O’Connor
Pavilion, and the Events Center and Pavilion
iii. DIRECTOR OF UTILITIES
1) access agreements to maintain Town-owned utility infrastructure
2) surge protector agreements
3) internet service level agreements
4) multiple dwelling unit right of entry agreements
5) utility service agreements
i. UTILITIES COORDINATOR or LINE SUPERINTENDENT
a. acceptance of utility easements
Page 148
Document Title Policy 1101 – Delegation of Contract Signature Authority 7/14/20
Revisions: Town of Estes Park, Town Attorney Page 3 of 3
b. pole attachment agreements
c. interconnection agreements
iv. DIRECTOR OF PUBLIC WORKS
1) agreements for Town rights of entry to access non-Town properties
2) revocable licenses to access (but not use) Town property and hold the Town
harmless
i. PROJECT MANAGERS, for their projects, or ENGINEERING
MANAGER
a. encroachment and right-of-way permits and agreements
b. acceptance of temporary easements for construction or other
public works infrastructure, facilities and purposes
c. acceptance of permanent easements for public works
infrastructure, facilities and purposes
v. DIRECTOR OF COMMUNITY DEVELOPMENT
1) contracts for releases and reductions to improvement guarantees
vi. MUSEUM DIRECTOR
1) agreements for acceptance of museum donations and loans
c. Litigation Settlement Agreement Authority
The Town Attorney, with the concurrence of the Town Administrator, shall have authority to
settle threatened or pending litigation for the Town on terms they deem in the best interests
of the Town.
Approved:
Wendy Koenig, Mayor
Date
Page 149
Page 150
Town Clerk Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 14, 2020
RE: Resolution 45-20 Declaring a Vacancy on the Estes Park Board of
Trustees and Approve the Process to Fill the Vacancy
Objective:
To formally acknowledge the resignation of Trustee Zornes and approve the process to
fill the vacancy on the Board of Trustees.
Present Situation:
Trustee Ken Zornes submitted his resignation from the Town Board of Trustees
effective June 30, 2020, thereby leaving a vacancy on the board. To formalize the
resignation a resolution has been prepared.
As a statutory community, the Town is required to follow the guidelines outlined in CRS
31-4-303 Trustee to Fill Vacancy. The Board must either appoint or set an election
within 60 days from the date of the resignation to fill the term of the resigning Trustee,
i.e. April 26, 2022. If the Board does not take action within 60 days, an election must be
set to fill the vacancy.
Proposal:
The following options are available for the Board to consider:
The Town completed a Municipal Election on April 7, 2020 to elect the mayor and
three trustees. The Town Board could appoint the trustee candidate which came
in fourth.
Direct staff to begin the appointment process. Staff recommends the appointment
process consist of interested parties completing an application (example attached),
submit resume, public interview process conducted by the Town Board during a
special meeting(s), and a vote of the Board to appoint an individual. If there is
significant interest in the position, the Town Clerk would develop a process for the
Board to collaboratively select interviewees. Please note the Town Board must
appoint an individual to the vacant position within 60 days of Trustee Zornes’
resignation.
Page 151
Sample calendar: July 14th - Board approves appointment process
July 15th – Staff posts application on Town website
July 17th & 24th – Paper notices
July 27th– Last day to submit application
July 29th and/or 30th – Public Interviews
August 11th – Board vote and appointment
Set an election to fill the vacancy. This option comes with some considerations.
Ordering an election would cost the Town approximately $20,000 if run by the
Town. The Town could add the item to the upcoming General Election this fall,
cost unknown and can vary depending on the number of ballot issues ($20,000 –
60,000 as quoted in the past). Staff has experienced a significant increase in cost
for presidential year elections. One additional consideration is the ability of the
Town to secure election equipment due to the timeframe.
Possible Dates – September 29, 2020 (32 day before General)
December 8, 2020 (32 days after General)
Advantages:
Formally accept the resignation, begin the process to fill the vacancy, eliminate tie
votes, ensure quorum for meetings and maintain the number of board members
needed for a majority and super-majority votes.
Disadvantages:
The Board would operate with six Board members for an extended period of time
and impact items listed in the advantages, such as meeting quorums.
Action Recommended:
Approval of Resolution 45 – 20.
Staff recommends the Board move forward with either the appointment of the fourth
trustee from the recent election or an appointment process due to the uncertainty of
holding an additional election during the COVID-19 pandemic and the unknown cost to
join the General Election this fall.
Budget:
Appointment process – staff time
Election - $20,000 to $60,000, plus staff time
Level of Public Interest:
Medium
Sample Motion:
I approve/deny Resolution 45-20 and direct staff to bring forward the appointment of the
fourth candidate.
Page 152
I approve/deny Resolution 45-20 and direct staff to begin the appointment process as
outlined.
I approve/deny Resolution 45-20 and direct staff to bring forward a Resolution to set an
election for XX at the July 28, 2020 Board meeting.
Attachments:
1. Resolution 45-20
2. BOT Application
Page 153
RESOLUTION 45-20
A RESOLUTION DECLARING A VACANCY ON THE ESTES PARK TOWN BOARD
OF TRUSTEES
WHEREAS, Trustee Ken Zornes submitted his resignation as Trustee on June 30,
2020; and
WHEREAS, the Board of Trustees hereby accepts the resignation with its thanks
to Trustee Zornes for his service during his term of office; and
WHEREAS, the Board determines that a vacancy exists for the office of Trustee
of the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
There is a vacancy for the office of Trustee of the Town of Estes Park based upon
the resignation of Trustee Zornes and acceptance by the Board of Trustees. The office
became vacant on June 30, 2020.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 154
Town of Estes Park
Board of Trustees Vacancy Application
Applicant’s Name: Home Phone: Cell Phone:
Present Residential Address: How long at this
address:
Email Address:
Have you been a continuous resident of the Town of Estes Park for the year
previous to the Board’s appointment of their preferred candidate?
Yes: No:
Does your personal schedule permit your regular attendance at scheduled
meetings? (The Board of Trustees meet twice a month in the evenings,
typically on the 2nd and 4th Tuesday of each month.)
Yes: No:
Highest level of education completed: (Circle one)
6 7 8 9 10 11 12 13 14 15 16 17+
NARRATIVE QUESTIONS
(Please respond to each question in the space provided)
1.Why do you want to be on the Estes Park Board of Trustees and why did you run/not run in the last election?
2.What is your background and how can your experience benefit your service on the Board?
3.What is your agenda, if any, and/or what do you expect to accomplish as a Trustee?
ATTACHMENT 2
Page 155
4.What improvements, changes, and ideas do you have for the Town of Estes Park?
5.How would you deal with an irate, disgruntled citizen who may call or approach you about an unpopular
decision or town ordinance, or complaint about town services?
6.What’s your opinion on ordinance enforcement – strictly enforced or on an individual or exception basis?
7.What is your vision for the future of Estes Park?
Signature: Date:
Page 156
Start dateAgenda_Item_TitleNameStance_on_item Comments_for_the_Board_of_Trustees_File_Upload7/14/2020 11:57 AM Resolution 45‐20.Johanna Darden Neutral I would like to see the replacement of Trustee Zorns be put on the November ballot.Public Comment Received 07-14-2020Page 157
Page 158
TOWN ADMINISTRATOR’S
OFFICE
Report
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: July 14, 2020
RE: Open Containers
Objective:
Present current staff direction on open containers proposal for Town Board discussion
and feedback.
Present Situation:
At its June 23rd Study Session, the Board indicated interest in exploring changes to the
Town’s open container regulations in light of the restrictions imposed on businesses to
slow the spread of COVID-19.
A team of staff members composed of the Town Attorney, Police Chief, Town Clerk,
Public Information Officer, and Town Administrator met to discuss possible
recommendations for the Town Board regarding open containers. In formulating the
current staff direction, this team considered law enforcement issues, liquor licensing,
legal issues, outreach and education, community perception, and feedback from a
survey of liquor license holders.
Staff is bringing forward this Report and Discussion item to solicit specific Town Board
feedback on direction prior to bringing forward a proposal for Board action. This will
allow adequate discussion of the policy issues inherent in this topic, prevent
unnecessary use of staff time developing unsupported policy alternatives, and ensure
that members of the public have a chance to provide input on any proposed changes to
existing open container regulations.
Proposal:
Staff propose a limited change in the Town’s open container regulations that would
permit the consumption of alcoholic beverages in specific Town-owned parks between
the hours of 9:00 am and 9:00 pm. Alcohol in glass containers would not be permitted.
The Police Department would continue to be responsible for enforcing open container
laws within Town limits and does not believe that modifying the open container
regulations in the narrow manner proposed would create a substantially different or
more difficult enforcement environment than that which already exists. It is worth noting
that officers have already seen an increase in open container issues with the changes in
Page 159
State regulations to allow take-out drinks. Clear signage and education would be critical
in ensuring that alcohol is only consumed in the parks where it is specifically allowed.
Staff needs direction on how to proceed. If the Board is interested in pursuing this (or a
different) policy alternative, staff will work to formalize the change for consideration
(including the identification of appropriate Town-owned parks). Staff requests direction
on the following:
Survey
The Town Clerk’s Office conducted a survey of Town liquor license holders (a copy of
this survey is attached for your reference). The survey asked the following questions:
Would allowing individuals the ability to drink alcohol outside, on public property
within town limits be good or bad for your business?
If open containers are allowed and alcohol can be consumed, where should it be
allowed?
o Anywhere in Town Limits
o Downtown Only
o Not Downtown
If alcohol consumption is allowed downtown, where should it be allowed?
o Sidewalks
o Parks
o Parking Lots
The survey was completed by 45 of the 76 total license holders (a response rate of
59%). The results of the survey are summarized in the tables below.
Outdoor consumption on public property good or bad for your business?
Type of License Good Bad Neutral Total
Art Gallery 2 - 1 3
Beer & Wine - - 1 1
Brew Pub 1 - - 1
Fermented Malt Beverage - 1 1 2
Hotel & Restaurant 11 3 3 17
Lodging & Entertainment 1 1 1 3
Manufacturer 4 -- 4
Optional Premise 1 - - 1
Retail 3 1 2 6
Tavern 5 1 1 7
TOTAL 28 7 10 45
If allowed and alcohol can be consumed, where should it be allowed?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
Anywhere in Town Limits 9 13 9 9 5
Downtown Only 10 10 6 13 6
Not Downtown 3 5 11 12 14
Page 160
If alcohol consumption is allowed Downtown, where should it be allowed?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
Sidewalks 13 14 3 10 5
Parks 15 19 2 5 4
Parking Lots 6 6 10 14 9
Advantages:
Enables expanded legal consumption of alcoholic beverages within public areas
which may be beneficial for businesses with limited seating/serving capacity due
to COVID-19 restrictions.
Provides more opportunities for patrons of businesses that sell alcoholic
beverages to be outdoors and distanced from others.
Disadvantages:
Public perception of increased public alcohol consumption.
Town-owned parks are used by a variety of stakeholders, some of whom may not
be comfortable in an environment that includes the consumption of alcohol.
Finance/Resource Impact:
N/A. The Police Department is currently responsible for enforcing the existing open
container provisions of municipal code and does not anticipate that this change would
create a significantly higher enforcement workload.
Level of Public Interest
High.
Attachments
1. Copy of Survey
Page 161
ATTACHMENT 1
Page 162
Page 163
Start dateAgenda_Item_TitleNameStance_on_item Comments_for_the_Board_of_Trustees_File_Upload7/14/2020 11:49 AM Open Containers within the Town. Johanna Darden AgainstI am opposed to open containers within the Town. Any business with a license to sell alcohol cannot serve alcoholic drinks to minors. In an enclosed space they are able to know if they are in violation of the law. In a public park where people are eating food and drinking alcohol there would be no way for business owners to control the use of alcohol by their customers. I realize there have been events held in Bond Park in the past where alcoholic drinks have been provided. However, I believe this is unacceptable on a daily basis. Who would do the policing and who would pay for this enforcement? People could also bring their own booze which they may not have purchased along with their meal or even in Estes Park. With everyone in the park eating and drinking and not wearing masks while doing so, this would be an incubation area for COVID‐19. Will this be another opportunity for people to do as they please, and businesses and the police be afraid to confront them?Public Comment Received 07-14-2020Page 164