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Home My WebLink AboutPACKET Town Board 2020-07-14 Prepared 07-02-2020 *Revised 07-09-2020 ""Revised 07-13-2020 1 T��N o� F� i �5 PAI�� 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 disa6ilities. Please call(970)577-4777. TDD available. BOARD OF TRUSTEES —TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesdav, Julv 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. Bv 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 . 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. Bv Teleahone Messaqe: 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, Enter the Meeting ID for the July 14, 2020 meeting: � : •• � �- � 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.orq/boardsandmeetinqs 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: • State your name and address for the record. • DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. (Instructions continued on page 2,Agenda begins on page 2) Page 1 PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https//zoom.us/i//98216902040 — Zoom Webinar ID: '�:t:f+�i:�:1��4�Liu. The Zoom Webinar link and instructions are also available at www.estes.orq/boardsandmeetinqs 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. • You will experience a short delay prior to re-connecting with the ability to speak. • State your name and address for the record. In order to participate, you must: • Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. • Join the Zoom Webinar. o The link can be found above. • Click"Participate Virtually in the Regular Town Board Meeting of the Board of Trustees". • 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.orq/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(a�estes.orq. Quasi-Judicial Proceedings (Quasi-Judicial items will be marked as such) Written Testimonv 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.orq/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 Testimonv To ensure your ability to provide comments during the meeting, you must register by emailing townclerk(c�estes.orq 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(a�estes.orq 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.orq/boardsandmeetinqs or you may request a paper packet by emailing townclerk(cD.estes.orq_or calling (970)577-4777. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Page 2 Prepared 07-02-2020 'Revised 07-09-2020 AGENDA BOARD OF TRUSTEES—TOWN OF ESTES PARK Tuesday. Julv 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. ** . 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 8� 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. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Page 3 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. * �. �� ::� €!l�hern Ave, €s�es RarIEF€€ WAIV€I� I�€^!��eT �GG� eniiT�u eni,r�i� VRAIN AV€Nd€, P€^!4 �4EW APAI�Th"�:'To, oo'!�o!":o olT;co:^o"� CCCC CCTCC DACLC 4.1(111CIAl!_ AI IT4.1(1GITV/CDLIAI n•,-o..+,,,-u��.,+ CDLJA oo+i.,.. � .,f ., o.,}.,no .,f h��il.Ji.,.. ., w,i+ f000 f... +hi.�. 7�� ninrLfnrno hn c on+� �. .,.�+iw,.,+o.J .�4� r.,v'mo4olv��Q Q7FV' ••'•v ` , ... .�. ...._.....�,.... .,...h.r,�.., , . 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 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 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 23�d 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 Adm' tor Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Koenig called the meeting to order at 7: a esiring to do so, recited the Pledge of Allegiance. PROCLAMATION — Mayor Pro Tem ink prese roclamation recognizing Gary and Kris Hazelton. YEARS OF SERVICE RECOGNITION or nized Town employees with the following years of servi � Estelle Yea , Eric Rose — 25 Years, Matt Osentowski— 10 Years, amer, Lord, Travis Machalek, Linda Swoboda and Michael Williams- r AGENDA APPR It was moved and c) to approve the Agenda, and it passed unanimousl PUBL Non TRUS MMENT Trustee nd ded the recent Police Auxiliary meeting and informed the community ntinues to be active during the pandemic with 24 trash violations issued and cle orts at the Stanley Park. The next cleanup would be held on June 27 with location t e 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 Page 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°/o match to fund one of the options. The funding could also be used for improved signage downtown and additional trailers for signage to used during the summer and fall, 120 days. Staff has noticed since the idea w ceived in April, visitors are not concerned with walking downtown, social distan ' wearing masks in the downtown corridor. Staff requested direction from the Board on how to move d with ram. Board comments have been summarized: downtown busine ers do not Town to conduct the test; questioned the term of the CDO gram; the idea o rogram would be good but not in practice; one-way sid woul another go idea but cannot even be followed in Safeway; with only w ed case of COVID-19, it would not make sense to move forward with the te ram may not be functional at this time; concerned with the number of people n, no social distancing and low mask compliance; option 1 shoul ' d in Augu the traffic is not as busy; and the program would be an opport methin ce to encourage social distancing and would support a test in . Based on feedback from the ard, Dire en Id prepare a grant application for other uses of the CD unds a g the item forward to the July 14, 2020 for the Board's consid . 1. CONSENT A 1. Bills. 2. tes une 9, 2020 and Town Board Study Session Minutes d June 3. Park Pla Commission Minutes dated May 19, 2020 (acknowledgment 0 4. Revis 06 Leave. 5. Resolution 3-20 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. Page 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 Cafe, Inc. dba Mountain Home Cafe, 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)Ac Funds. It was moved and seconded (Cenac/Martchink)to approve onsent Agenda, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: (Outside Entitie 1. ESTES PARK HEALTH. Vern Carda/CEO E ark Health pro 90-day update and stated the hospital has bee ating olicy to pr a safe environment for clients. He stated CO doe in the community but fortunately it has not caused a significant the hospital at this point. Following all CDC guidelines related to so ancing, face coverings and proper handwashing continues t e the best ' it COVID-19 cases. The hospital has a number of poli rocedure ce to keep clients safe when visiting their physicians ture at one of the two main entrances, the completion of a tio required to wear masks, continual cleaning of all surfaces, e ir circulation,and all patients assumed positive a ed prio ries. The hospital would continue to monitor the situa ' oring and locally and implement all necessary changes. He age to begi king about a flu vaccination for the fall. 3. PLANNING C I eviewed by Planning Commission or staff for Town Board Fi . 1. A ORDINA -20 ZONING. ROCKY MOUNTAIN HEALTH CLUB. 1230 (;THOM AVENUE.ADESTES. LLC/OWNER. (Quasi-Judicial)Mayor ig ope he public hearing. Planner Bergeron stated the applicant has e ning from A—Accommodations to CO - Commercial Outlying. Th use of the building has been as a gym from 1996 to 2019. With the o g 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 applicanYs request to approve a Preliminary PUD, on a site 18.6± acres in size, currently 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 otection District provided comments related to sprinklers, alarms, acce requirements, restaurant hoods and extinguishing systems; PUD re 30% open space with the project proposing 41%; stormwater would e addressed with adequate drainage facilities and services the proposed development; the property includes significa I dplain e Fall River located adjacent to the property and includ oodwall; the t includes the required off-street parking for the sed uses; acc uld be reconstructed off of Elkhorn Avenue a align 'th Filbey Co ; and the project would be consistent with the E Ile prehensive Plan and the Estes Park Downtown Plan. The PUD p ed the following waivers to the standards: Appendix D, highway front ewalk, Section 4.4D.2 main entrance of structure to fac lot line, T loading space required, Table 4.5 maximum buildin ndix D I access road to be up to street standards, Appen ess ad to meet slope/grade standards, Section 7.6.D.2 d ' etlands area 0.06 acre in size)and Appendi architect ns all structures. Staff finds there would be no si ' sues o ive impacts with the development in the waivers re . Estes y Planning Commission recommended unanimo Preli ry PUD reliminary Plat at a special meeting on Februa 020 s approval. Staff would recommend the approval o ommission recommendations one through thre s out the staff r port and forgo the fourth recommendation to mp ousing plan for permanent and seasonal employees. Justin M ast ue Development representative provided a review of e project g the goal would be to develop a long term relationship with commu y developing a project that enhances the community. The ny f s on the development around National Parks such as Moab, an Antonio River Walk. The focus would be to capitalize on the hist gnificance, the ability to revitalize an area that used to be a key part of Este ark, 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. Page 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 co ' erations for the location of the Riverside Restaurant; and questioned t act of zero rise and concerns regarding the floodplain in the are how it would be addressed. Mr. Mabey/applicant commented the Town' er a munication division stated concern with the logistics o g the pow nder the river and added environmental imp he developer several restauranteurs review the location of cale � side Restau nt and all placed the restaurant in the current sa Strong/Bird and Jim Restaurant concurred the location woul upscale experience. The floodplain would be defined and a zero uld ensure no impacts are created to the properties ne' ' g the dev t or downstream. Mayor Koenig closed the 'c w moved and seconded (Cenac/Zornes) to approv din for the Elkhorn Lodge Preliminary PUD ccording din of fact with findings and conditions of recom d by staff, and it passed unanimously. It was m nd s ded (M 'nk/MacAlpine) to extend the meeting past 10. ., a ously. C. RE LUTI 0 ELK RN LODGE PRELIMINARY PLAT. 600 A ZAHOUREK CONSERVANCY, LLC. OWNER, EAST VEL T. LLC. A TEXAS LLC. C/O JUSTIN MABEY. PPLIC Qua dicial) Mayor Koenig opened the public hearing. lanner Wo restated the Elkhorn Lodge Subdivision would create 13 lots, ing fro 276 to 3.291 acres in size. The Estes Valley Planning issi ommended approval of the preliminary subdivision at their 020 meeting. Melissa Strong/Bird and Jim Restaurant stated the t has taken care to preserve the land and its historic nature. Mayor Koeni 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 and Page 9 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 th ompletion of the Jimmy John's. The original condition of approval was to ad ditional lane to Hwy 34 to address the increased traffic impact. In Au additional traffic impact analysis was provided and demonstrated a traffi as warranted and was approved as an option to mitigate traffic,which the applicant. The applicant agreed to a series of building-pe it ipulati ting several milestones in project completion, linked to vari ages in roa vements, other requirements, and the CO for Jimmy would not be is ntil the road improvements were installed, insp and ted by the own and CDOT. A Temporary Certificate of Occ (T r the Jimmy John's was provided for in the stipulations so long as t ork was substantially near completion and a clear completion date had entified. The signal design has yet to be completed. Staff ied the AI quest for a CO based on the stipulations in the buildin ments. CO has been formally requested to date, only verbal ion tween the applicant and Town staff have indicated the ap Ys e one if possible. Stewart Olive/app' esenta ed the applicant has requested a TCO for the Jimmy ve be nied. He reviewed the timeline for the project, inclu e ch to the impact study in August 2019 from an additional I tra ' ss the warrants outlined in the study with a $600,000 I r the signal. An additional design for the traffic s' al was ted for revie in December 2019,and a design resubmittal to han June 3,2020. The Jimmy John's has passed inspection B Health in May, however, a final inspection cannot be pleted w the i nce of a CO. The building has been completed and raffic sign tinues to be the only item to be completed. A traffic study by Delic sociates demonstrates a 24% decline from August 2019 and at rate ffic signal would not be recommended. Traffic volumes would incre ure and the need for the signal would be needed and would be installe approval of the design has been received the applicant estimates a four-mo 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°/a reduction in recent traffic counts would meet the requirements of a stop sign control for operation of the business at this time. Page 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 Page 11 RECORD OF PROCEEDINGS 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 23�d 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 Zorne Also Attending: Town Administrator Machalek, Assis wn Administrator Damweber, Town Attorney Krame cording Secretary Disney Absent: None Mayor Koenig called the meeting to order at 4:30 BROADBAND QUARTERLY UPDATE. Director Bergsten, Manager Swoboda and Supe nt Lockhart presented an update on Broadband. They high' sales p , construction, network operations, remodeling of the Broa marke anding, and customer engagement and experience. The Bo rep ement in regards to fiber trenching and reasons for cancellation ic OPEN CONTAINERS. Town Administrator wn Att Kramer, and Town Clerk Williamson presented an ove of conta law in Town and other Colorado municipalities, leg ities n tainers, and provided options for open containers. The Bo of open containers on local businesses, staff's ability to enfor containe rom liquor licensed establishments, current increases � ntai a result of takeout alcoholic beverages, allowance or prohibi ' I li an open container, public intoxication, branded drin , and w ope ntainers would be a needed service. The Board dire aff to inve businesses' opinions, the Police DepartmenYs assessment for a wn Boar eting. POLICY 1 Town Admini achalek provided an overview of a revision to Policy 105 Agendas. The re ion 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 Page 12 RECORD OF PROCEEDINGS 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 8�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 as determined to remove the consideration of unfunded requests and schedule th ssions for the requested dates. There being no further business, Mayor Koenig adjourned t 6:28 p.m. Kimberl ey, R ding Secret Page 13 �� ` �� ♦ O �` �� a �� Page 14 i T��N o� ESTES PARr 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 Co/orado 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 Obiective: 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. Advantaaes: • 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. Disadvantaaes: • 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 ATTACHMENT 1 Town Clerk's Office will put this letter on the Board letterhead July 14, 2020 CDOT Region 4 10601 West lOth Street Greeley CO 80634 Dot_CanDoCdot(a�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 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 ATTACHMENT 2 � � � � � � � � • � � � � , j � � � � � � � � r � • � � � � � • � � � � � � . � T � , � . • � � • � , � � � at least 6 feet � Page 20 � � � � � � • � � � � • . . , � � . % « . �� i. . �� . � . � . � � . � ��l - . - - � • � • - . . � . . . . . � / . - • - � . . . - - - - - - � at least 6 feet � Page 21 .. .,,._� _ , ' ,' E� H = �+� ..;�:. �q:.. .�. 'kr'^" '"�' '� ,�'';.� ar' . . ' :i., r t. ,� __ . , ,r , , .: .. , : �`. . , . .� . �. .,€ . - . 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P ._... _�, w,l, : •. �-,.�,�. ,,,a.,�, ,.... , ,�,.,�� . ,.�.�.�1?. .�,,,,. �.,. �,e. ."�.. , - '.>,.� v > � . ..��:�<�..�.., .. . � � .. . .... . o�. ., °,:�.. _ ��, � ., .i`..e{,.....:. . � �•I;� ... �. . . :. � „`$; .t.....x n.x, � . �� . . ... ��. -��+�,�s , .... . .. �,�.�,.=7',. .3 �� - .� .� , :�. ��...��1shl.:_ . .� �:afl �... . � {L . W . �r`. . '� • . . . � .�-. , . � s,. §� __,. , . �a ,rr .,� � ' i T��N o� ESTES PARr 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 Obiective: 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. Advantaaes: • 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. Disadvantaqes: • 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 ATTACHMENT 1 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. 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 Public Comment Received 07-13-2020 Resolution 42-20 Comarehensive Plan Fundina 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 1 st deadline for the DOLA grant does not mean that the Town should rush into a go-it-alone Comprehensive Planning decision. 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 i T��N o� ESTES PARr� 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 Obiective: 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. Advantaaes: • Ensures that items added to the agenda are of interest to the Town Board as a whole. Disadvantaqes: • 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 ATTACHMENT 1 � Effective Period: er�geir�gOngoinq Review Schedule: Annually-January � � Effective Date: ^�'�t,=o;=0'07/14/2020 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. � Rev^-�T=o-=o�07-14-2020 Town of Estes Park, Town Board Policies Page 1 of 4 Page 33 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. /F\ Icci ioc roicor! rli irir�ry Di ihli� (`nmm�r�+ Cnr or��i icci io r�icorl r!i iririn r�i ihli� n�mmn•++ +h..+ roryi iiroc orJrli4i�nol R�oriJ rlicn�iccir�n !+.- r+•+ �+�v� �+•+ �� fVl ll 111UL 1 1 U11 U 11� Ql lr momhor m�v ror�i�1,�+ +h.�+ 4ho i}om ho r�l�norl .+n .�r� N�n�' �gon�TaL�g �n�i�n riri or��i i�om roicorl rI�iririr� r��ihlin nnmmon� hi�+ nn} riro�ii��ichi lic�orl nn +ho orronrJ� ic� rlic�n�i�rorrorJ in r�rrJor �� `ri�io �rJon�i�+o n��ino f�r �r�r��r�i�ni��i f�r r��hlin r»r�inir»�inri 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. � Rev^-�T=o-=o�07-14-2020 Town of Estes Park, Town Board Policies Page 2 of 4 Page 34 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.os.o2o 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. � Rev^-�T=o-=o�07-14-2020 Town of Estes Park, Town Board Policies Page 3 of 4 Page 35 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: T^�'�- '��Wendv Koenia, Mayor R�ea�F+s��„ T��ein /��minic,�ater-3��2-81��+►�a�e-o4--�0�� Rev^-�T=o-=o'�07-14-2020 Town of Estes Park, Town Board Policies Page 4 of 4 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 �� ` �� ♦ O �` �� a �� Page 38 i T��N o� ESTES PARr 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 Obiective: 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. Advantaqes: • Staff will have additional time for training on Alianza's software • Scheduled payments will be deferred to January 1, 2021 Disadvantaaes: 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://goful Istack.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://oldtown med iai nc.com/ou r-worlc/ Page 40 ATTACHMENT 1 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 Page 41 ATTACHMENT 2 AMENDMENT 1 TO MASTER SERVICES AGREEMENT This Amendment 1 ("Amendment") is incorporated into, and shall form a part of,the Master Services Agreement("AgreemenY') 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 otherwise 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 Precedence — 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 this Service Schedule. ALIAJVZA _ _ CUSTOMER Signature: Signature: Name: ��A,,,, ��{��. Name: Wendy Koenig Title: C'�(� Title: Mayor,Town of Estes Park Date: �f?C��ZU2� Date: 7/14/2020 �=el�-C�Q./'L �Q��-IL Contingent on Town ard Approval Reuben 8ergsten, Utilities Director 6/30/2020 � Page 42 ATTACHMENT 3 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 Coforado 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 io provide Voice over lntemet 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, ThiERFORE, the Parties, in consideration of the mutual covenants and promises set forth in this Agreemeni, agree as follows: 1. Definitions allows Customer to manage all aspects and functionalities of the Cloud Voice Platform. 1.1 Services: means Alianza's Cloud Voice PlaSform and any Oiher Services(collectively,the"Services"). 1.8 Third-oartv Services: means any third-party Services. Alianza has no obligation to provide any services Device,software or service that is not provided by Alianza,but not expressly set forth in this Agreement. which interacts with the Cloud Voice Platform. 1.2 Cloud Voice Platform: means all components, 1.9 ProfessionaE Services; means custom software, feaiures and functionaliiies of Alianza's cloud-based software product or platform development performed by Alianza ior platform; including application feature server, media server Customer. Any Professional Services oHered under this call control, session management, bilfing support system, Agreement will be obtained from Alianza pursuant to the provisioning system, carrier inte�tace, and lawful intercept; terms set forth in Exhibit A. together with Alianza's Application Programing Interface {"API"), data feeds, End User Portal, and Administrative 1.10 Provider of Record: means the entity that is Portal. Pricing for the Cloud Voice Platform shall be sei forlh exclusively responsible for compliance with regulatory and tax in Exhibit A attached hereto. registrations,collection and remittance of taxes and fees,and all federal and state regulatory obligations relating to the 1.3 Other Services: means services provided by provision of VoIP Services to End Users. Alianza which are separate, but related, to the Cloud Voice Platform.All terms and pricing related to Other Services shall 2.Other Services be defined in the respective Service Schedule or an attached Statement of Work("SOW"). 2.1 Connectivitv: Customer shall be responsible for providing its End Users with connectivity to Alianza's Cloud 1.4 Device: means any piece of equipment or Voice PEatform.Connectivity shall be implemented via public software (IP phones, voice modem, voice ATA, soft phone, internet. etc.)certified by Alianza, that an End User uses to place and receive voice calls. 2.2 Carrier Services and Emeraencv Services. Alianza shall provide carrier services and emergency services 1.5 End User: means any individual person that as set forth in the attached,Alianza Carrier and Emergency subscribes to, or purchases VoIP Services provided by Services Schedule. Customer.Alianza has no direct relationship wilh End Users. All aspects of End User relationships are managed 2.3 Provider of Record: Customer is the Provider of exclusively between Customer and End Users. Record. 1.6 End User Portal: means Alianza's proprieiary, 3.Alianza Obligations web-based, self-management portal for End Users that subscribe to Customer's VoIP Services. Alianza will provide 3.1 Manner of Provision. Alianza shall provide She Customer a fast-start Customer-branded version of the End Services in a professional and workmanlike manner. User Porial.Customer may also use Alianza's API to build and manage a custom End User portal. 3.2,License. Subject to Customer's compliance with the provisions of this Agreement,Alianza grants to Customer 1.7 Administrative Porlal: means Alianza's a IimiSed, non-assignable, non-exclusive, royalty-free(except proprietary web-based back-office management system that as provided herein} �icense to access and use the Services, solelyfor the purposes set forth herein. Customermay not(a} Alianza Master Services Agreement—Confidential—1 Page 43 attempt to obtain a copy of any element of the Services, (b} to Universal Service Fund ("USF")and other regulatory fees) reverse compile, reverse engineer, reverse assemble or (co[lectively"Taxes"). otherwise attempt, directly or indirectly, to obtain or create source code for any element of the Services, (c) modify or 4.6 Reoresentations: Customer will not make any create derivative works of any element of the Services,or(d} representations, warranties, or guaranties conceming the allow End Users to sub-license, transfer, distribute, sell or Services on behalf of Alianza without Alianza's express resell any Services provided by Alianza hereunder. written consent. 3.3 Trainin .Alianza wiE[provide Customer initial and 4.7 Exclusivitv. During the term of this Agreement ongoing training as reasonably needed (train ihe trainer Alianza will be the exclusive provider responsible for powering app�oach}and Customer wiU ensure that its representatives Customer's VoIP Services and Customer wilf not engage an and agents are appropriately trained in the administration of alternative seroice that is substantially similar or competitive all Services. to Alianza. 3.4 Service Desk Policv. Alianza's service leve[ 5. Invoicing and Payment commitments and technical support obligations are defined in Exhibit B attached hereto. 5.1 Invoicina. Alianza shall invoice Customer electronica�ly.The invoices will state the charges due plus any 4.Custamer Obligations applicabfe taxes and fees.Non-recurring charges("NRCs")as well as any usage charges, Taxes and other fees from the 4.1 Devices. Customer sha11 purchase Devices prior month will be invoiced on or about the first day of the directly from Third Parties. Alianza shaU maintain a current list following month. Monthly recurring charges ("MRCs") are of Alianza certified Devices.Alianza reseroes the right to add invoiced on the first day of each month according to a to its support of such Devices and/or upgrade �rmware on snapshot of the applicable items as of the first day of each certified Devices from time to time as dictated by cuskomer month. The Parties will work in good faith to resolve any requests and market demand. Any Customer requests for disputes regarding invoicing,and Customer may withhold the expedited Device and or Tirmware upgrades shall be portion of any invoice disputed in good faith. Any invoice not considered a Professional Services request. Customer disputed within 90 days after issuance of the invoice in acknowledges that Devices and firmware are certified by question shall be deemed correct and irrevocably accepted by Alianza without any warranty of any kind with regard to the Customer.Customer is solely responsible for,authorizing and �evice hardware or software, and Alianza shall not have any monitoring afl End Users provisioned in the Cloud Voice responsibility or liability to Customer in connection with its Platform and promptly deleting any unauthorized End Users attempt to access or use of Devices or related firmware. provisioned in the Cloud Voice Platform. Customer is solely responsible for all use, misuse and fraud related to the use of 4.2 Product.Sales and Marketina,Customer is solely the Services by End Users or other users of End User's VoIP responsible for retail product management and pricing;as well Services. as all marketing, promotion, and selling of a11 VoIP Services to End Users. 5.2 Pavment. Payment of all invoices shall be made via ACH or wire transfer no later than 25 days after issuance 4.3 End User Su�oort. Customer is responsible for of all invoices(the"Due Date"). Payments received after the providing tier 1 support directly to End Users as well as a tier Due Date will accrue interest at 1.5%per month. 2 support function responsible for operating as a point of escalation for tier 1 support representatives. Tier 2 agents 6.Term and Termination should be experts on the Cloud Voice Platform and in resolving End User suppo�t issues. 6.1 Term. The initial term of this Agreement is 60 months, commencing on the Effective Date. At the end of 4.4 End User lnvoicinq.Alianza will provide End User each term, this Agreement will automaticaily renew for 24 transaction details and call detail records to Customer, but month periods, unless either Party provides written notice to Customer is solely responsible for invoicing End Users, the other Party of non-renewal at least six months before the tracking account balances,and setting End User authorization end of the then-current term. statuses in the Cloud Voice Piatform. Alianza is not responsible for any Customer errors in this process. 6.2 Termination. Neither Party may terminate this Agreement for convenience. Either Party may terminate this 4.5 Taxes and Fees. All charges are exclusive of Agreement after 30 days'written notice of breach and failure taxes, fees and surcharges. Customer is exclusively to cure the breach by the breaching Party. If the breach is a responsible fo�any taxes,fees or surcharges on all purchases failure to pay amounts due under this Agreement within 10 from Alianza and the provisioning and o(fering of VoIP calendar days of the Due Date (other than amounts disputed Services to End Users. Cuslomer shall be responsible for in good faith),Alianza may, after giving 5 business days prior payment of all applicable taxes that arise in any jurisdiction, notice,suspend the Services. Customer shall remain solely including,without limitation,value added,consumption,sales, responsible to provide sufficient notice of termination to any use, gross receipts, excise, access, bypass, or other taxes, govemment agency or End Users, as required under duties, fees, charges or surcharges (including, but not limited Alianza Master Services Agreement—Confident al—2 Page 44 applicable law and in accordance with section 214(a) of the 7.2 Exceotians. Confidential Information will not Telecommunications Act of 1996. include any information that{a)was in the public domain prior to the time of disclosure by the Qisclosing Pa�ty,(b)becomes 6.3 Earlv Termination. If Customer terminates this public info�mation after disclosure by the Disclosing Party lo agreement for reasons other than an uncured breach by the Receiving Pa�ty through no action or inaction of the Alianza, or if Aliania ceases any services as a result of an Receiving ParSy, (c) is already in the possession of the uncured default by Customer, Customer shall incur a Receiving Party at the time of disclosure without an obligation termination charge from Alianza equal to the sum of: (i) all of confidentiality, or (d) is independently developed by the unpaid amounts for service provided through the date of Receiving Party without use of or reference to the Discfosing termination, and (ii) the VSL MRC defined in Exhibit A, Party's Confidential Iniormation. multiplied by the total number of VSLs supported by Customer, multiplied by the number of months remaining in 7.3 Non-Use and Non-Disclosure.Each Pa�ty will(a) the term of this Agreement. The Parlies agree that these treat as confidentiaf aU Confrdential fnformation of the other charges are a genuine estimate oF Alianza's actual damages Party, (b) not disclose such Confidential Information to any and a good faith liquidation thereof. They are not intended as third party, except on a "need to know" basis to third parties a penalty. that have signed a non-disclosure agreement containing provisions substantially as protective as the terms of this 6.4 Transition Assistance. Upon the expiration or Section provided that the Qisclosing Party has obtained the earlier termination of this Agreement for any reason (the written consent to such disclosure from the other Party, and "Transition Commencement Date"), Alianza will reasonably (c)not use such Confidential Information except in connection assist Customer in transitioning all aspects of End User VoIP with performing its obligations or exercising its rights under Services from Alianza to Customer,or to an altemate provider this Agreement. Each Party is permitted So disclose the other or providers specified by Customer for a period of time as is Party Confidential lnformation if required by law so long as the necessary to complete the transition, not to exceed 6 months other Party is given prompt written notice of such requirement from Transition Commencement Date (the "Transition prior to disclosure and assistance in obtaining an order Period"). Such transition assistance will include taking all protecting such information from public disclosure. reasonable steps to facilitate the transition of Alianza services to Customer, or an alternate provider or providers (provided 7.4 Confidentialitv of Aareement. Neither Party to this such requirements are technically and operationally feasible). Agreement will disclose the terms oF this Agreement to any During the Transition Period, a{{terms of this Agreement will third party without the consent of the other Party, except as be in effect, and both Alianza and Customer will continue to required by securities or other applicable laws. honor aIl obligations in accordance with the terms of this Notwithstanding the above provisions, each Pany may Agreement. Both Parties will use reasonable efforts to define disclose the terms oF this Agreement(a)in connection with the a project plan to be incorporated into an SOW within 30 days requirements of a public offering or securities fifing, (b) in oF the Transition Commencement Date, and such plan will confidence, to attorneys, accountants, banks, and financing define the estimated scope and e�fort related to all transition sources and their advisors, (c) in confidence, in connection related activities. Charges irom Alianza to Customer for the with the enforcement of this Agreement or rights under this transition assistance outlined in this section will be based on Agreement, or(d) in confidence, in connection with a merger the scope of She defined project plan; but in any event,will not or acquisition or proposed merger or acquisition, or the like. exceed an NRC of $4.50 per VSL. Such transition related charges will be invoiced to Customer upon execulion of She 7.5 Proorietary Riahts, Alianza hereby reserves all SOW. intellectual property rights not explicitly granted in this Agreement.As between Alianza and Customer,Alianza owns 6.5 Effect of Termination. Upon termination oi this all intellectual property rights in and to the Services, and to all Agreement for any reason, the provisions of this Agreement related documentation and copies thereof, inciuding without that by their nature indicate that the Parties intended that they limitation all copyrights, trademarks, patents, trade secrets would survive shall survive. and other intellectual prope�ty (the "Proprietary Rights"), including goodwil! or reputation that accrues to Alianza's 7.Confidentiallty and Proprietary Rights intellectual property.To the extent that any Proprietary Rights are invented, created, developed, or first reduced to practice 7.1 Con�dential Information. �Confidentiaf under this Agreement,jointly by the Parties or in connection Information" means any proprietary information of a Party to with Alianza's provision of the Services, Alianza will own a11 this Agreementdisclosed by one Party("the Disclosing Party") right, title, and interest in and to such Proprietary Rights, with to the other("the Receiving Party") that is in written, graphic, no duty to account to Customer with respect to the use and machine readable or other tangible form and is marked exploitation of the Proprietary Rights. Nothing in this Section "Confidential" or "Proprietary" or in some olher manner to prohibits Customer from independently deveEoping a product indicate its confidential nature or otherwise is generally of a that interfaces with the Services. As between the Parties, con5dential nature.Confidential Information may also include Customer will retain all right, title, and interest in any product oral disclosures provided that such information is designated that it develops independently. as confidenlial at the time of disclosure. 7.6 Customer Proorietary Network Information "C( PNI"1•Both Alianza and Customeracknowledge that rules Alianza Master Services Agreement—Confidential—3 Page 45 and regulations apply to CPNI that require specific safeguards SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES to protect against the unauthorized disclosure oi CPNI.CPNI ARISING OUT OF OR RELATED TO THIS AGREEMENT, refers to (1) information that relates to the quantity, technical INCLUDING BUT NOT LIMITED TO LOST PROFITS OR configuration, type, destination, location, amount of use and LOSS OF BUSINESS, EVEN IF A PARTY iS APPRISED OF billing data oF a telecommunications or interconnected VoIP THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; service, that is made available to a Party solely by virtue of a NOR, EXCEPT FOR THOSE ITEMS LISTEO ABOVE IN customer relationship, CPNI does not, howeve�, include THIS PARAGRAPH, SHALL EITHER PARTY'S TOFAL subscriber list information,which is information identifying the LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED name, address and phone number of a customer that is TO THIS AGREEMENT, REGARDLESS OF THE FORUM published,caused to be published or accepted For publication AND REGARDLESS OF WHETHER ANY ACTION OR in a directory. Both Alianza and Customer warrant that they CLAIM IS BASED ON CONTRACT, TORT, OR will implement required safeguards and otherwise abide by OTHERWISE, EXCEED THE TOTAL AMOUNT PAYABLE the rules and regulations ihal apply to CPNI with regard to any BY CUSTOMER TO ALIAN2A FOR THE CLOUD VOICE services provided to an End User facilitated by access to PLATFORM DURING THE THREE MONTHS PRECEDING Alianza's services. The Parties agree khat they will only use THE ACT OR OMISSION THAT PRECIPITATED THE CPNI for the purpose of providing the service For which the CLAIM. CPNI is provided; they will not disclose CPNI to third parties unless disclosure is required to provide any services or 10. Indemniflcallon services incorporating the services,or as otherwise permitted or required by law. 10.1 Indemnification bv Alian� Alianza will defend and indemnify Customer From and against any claim B.Trademarks by any third party that the Customer's authorized use of the Services in{ringes or misappropriates any intellectual property 8.1 Each Party grants to the other Party a non- rights of such third party. Alianza may, in the event oi such a exclusive, non-transferable, royalty-free right to display the claim, in its reasonable discretion, (a) procure the continuing trademarks, service marks and logos ("Marks") of the other right for Customer to use the Services; (b)replace or modify Party solely to allow each Party to perForm its obligations the Services in a functionally equivalent manner so that they under this Agreement and to disptay the Marks of the other no longer infringe; or, if neither (a) nor (b) is reasonably Party in marketing material indicating its business available,may(c)terminate this Agreement. Alianza's duties relationships. If a Party objects to a specific use oF the other under this section shall not arise if the alfeged infringement is Party's Marks, iS will notify the other Party of such objection, a result oF unauthori2ed use or modificaiion oF the Services, and such Party will cease such use of the objecting party's or i{Customer faifs to comply with Alianza's instructions that Marks. would mitigate or end the infringing conduct or activity. 9.Warranty Disclaimer and Liability Limits 10.2 Indemnification bv Customer. To the extent legally allowed, Customer will defend, indemniFy, and hold 9,'1 WARRANTY DISCLAIMER. NEITHER PARTY harmless Alianza From and against any c{aim by any party that MAKES ANY ADDITIONAL REPRESENTATION NOR arises out of, results from, or relates to: (a) Customer's WARRANTY OF ANY KIND WHETHER EXPRESS,IMPLIED access to or use of, or attempts to access or use, any Third- (EITHER IN FACT OR BY OPERATION OF LAW}, OR party Service(s); (b) Customer's or an End User's use of the STATUTORY, AS TO ANY MATTER WHATSOEVER, Services in any unauthorized manner,including but not fimited EXCEPT THOSE EXPRESSLY SET FORTH IN THIS lo use in violation of any law or applicable regulation; (c) AGREEMENT. EACH PAR1Y EXPRESSLY DISCLAIMS Customer's breach oi any of its obligations set forth in this ALL IMPLIED WARRANTIES OF MERCHANTABILjTY, Agreement;(d}any claim that Customer has infringed upon or FITNESS FOR A PARTICULAR PURPOSE, QUALITY, misappropriated any intellectual properiy rights of a third ACCURACY,AND TITLE. ALlANZA DOES NOT WARRANT party, other than through the direct use of the Services; and AGAINST INTERFERENCE WITH THE ENJOYMENT OF (e) any claim or apegation related to Al9anza's calculation, THE SERVICES,OR AGAINST INFRINGEMENT. ALlANZA collection, or remittance of Taxes based upon inaccurate or DOES NOT WARRANT THAT THE SERVICES WILL BE incomplete data provided by Customer(or its billing system). ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. 10.3 Procedures. The indemnifying Party's duty to indemnify, defend, and hold harmless shall arise only if the 9.2 LIABILITY LIMiT AND CAP_ EXCEPT WITH indemnified Party gives prompt writ#en notice of any claim of REGARD TO A PARTY'S CONFIDENTIALITY which it becomes aware. The indemnifying Party shall have OBLIGATIONS, LICENSE RESTRiCTIONS, DUTY TO PAY Ful� and complete control over the defense and settlement oF FEES UNDER THIS AGREEMENT (INCLUDING EARLY the claim, and the indemnified Party shall provide assistance TERMINATION CHARGES), GROSS NEGLIGENCE, in connection with the defense and shall cooperate and AND/OR WILLFUL MfSCONDUCT, NOTWITHSTANDING comply with any settlement or court order made in connection ANYTHING CONTAINED IN THIS AGREEMENT TO THE with the claim; provided, however, that the indemnified Party CONTRARY, NEITHER PARTY WILL, UNDER ANY shall have the right to approve any setklement that requires CIRCUMSTANCES,BE LIABLE TO THE OTHER PARTY OR any action by the indemnified Party. ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, Alfanza Master Services Agreement—Confidential—4 Page 46 11.General Provisions 17.5-102, C.R.S and such breach is not cured within 30 days. Customer may terminate this Agreement. 11.1 Compliance with Laws. Each Party shall strictly comply with all applicable federal, State and local laws, rules 11.2 Fair Use and Protection Policv. Alianza and regulations in effect or hereafter established. maintains the right to immediately terminate any or a�i services to any End User who Alianza determines to be engaged in,or 11.1.1. Pursuant to Section 8-17.5-101, related to, (a) any form of securiky breach, (b) fraudulent or C.R.S.,et.seq.,Alianza represents and agrees that,as of the illegal activity, (c)any activity that compromises or threatens date of this Agreement: to harm Alianza's ability to operate the Cloud Voice Platform, 11.1.1.1. Alianza does not knowingly (d)any abuse or use that is inconsistent with industry norms. employ or contract with an illegal alien who will perform work under this Agreement;and 11.3 Assianment. Neither Party may transfer or assign this Agreement, in whole or in part, without the written 11.1.1.2. Alianza will participate in consent of the other Parly, which consent wi11 not be either the e-Verify program created in Public �aw 208. 104th unreasonably withheld or delayed, except that either Party Congress, as amended, administered by the United Skates may transfer or assign this Agreement,without such consent, Deparlment of Homeland Security(the"e-Verify Program")or to an entity that acquires all or substantially alf of the business the Department Program (the "Department Program"), an or assets of such Party lo which this Agreement pe�fains, employment verification program established pursuant to whether by merger, reorganization, acquisition, sa1e, or Section 8-17.5-102(5)(c) C.R.S. in order to confirm the otherwise. Any attempt by a Party to transfer or assign this employment eligibility oF all newly hired employees to perform Agreement without a required consent wip be nu�l and void. work under this Agreement. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon any permitted successor or 11.1.2.Alianza shall not knowingly employ or assignee of the pariies. contract with an illegal alien to perform work under this Agreement or knowingly enter inio a contract with a 'I 1.4 Governina Law and Jurisdiction. The laws of the subcontractor that knowingly employs or contracts with an State of Colorado as applied to contracts formed and intended illegal alien to perform work under this Agreement. to be performed within such state, without giving effeGt to conFlicts of law principles, govern a11 matters arising out of or 11.1.3. Alianza is ptohibited from using the e- relating to this Agreement and the transactions it Verify Program or performed Department Program contemplates, including its interpretation, construction, procedures to undertake pre-employment screening of job performance and enforcement. A Party bringing a legal action applicants while this Agreement is being. or proceeding against the other PaRy arising ouk of or relating to this Agreement or the transactions it contemplates must 11.1.4. If Alianza obtains actual knowledge bring the legal attion or proceeding in either the District Court, that a subcontractor performing work under this Agreement Larimer County, or the United States Disl�ct Court for the knowingly employs or contracts with an illegal alien, Alianza District of Colorado. Each Party consents to the exclusive shall: jurisdiction of the District Court, Larimer County, or the Urnked 11.1.4.1 Notify such subcontractor Slates District Court for the District of Colorado and their and Customer within three days that the Alianza has respective appellate courts for the purpose of all legal actions actual knowledge that the subcontractor is emp�oying or and proceedings arising out of or relating to Ihis Agreement or contracting with an illegal alien;and the transactions it contemplates 11.1.4.2. Terminate the subcontract 11.5 Notices. Any notice, request, demand, or other with the subcontractor if within three days of receiving the communication required or permitted in this Agreement wifl be notice required pursuant to this section the subcontractor in wriking,will reference this Agreement, and will be effective: does not cease employing or contracting with the illegal alien; (a) when delivered personally; (b) when sent by email, with except ihat Alianza shall not terminate the contract with the written confirmation of receipt; or (c) when delivered by a subcontractor if during such three days the subcontractor nationally recognized express courier (with confirmation of provides information to establish that the subcontractor has delivery receipt). All nokices will be sent to the address set not knowingly employed or contracted with an illegal alien. forth on the signature page of this Agreement. 'i 1.1.5. Alianza shall comply with any 11.6 Indenendent Contractors• The Parties hereto reasonable request by the ColoradoDeparimentof Laborand are independent contractors. Nothing herein creates a Employment (the "Depa�tment") made in the course of an partnership,joint venture,or agency relationship between the investigation that the Department undertakes or is Parties. undertaking pursuant to the authority established in Subsection 8-17.5-102(5),C.R.S. 1'1.7 Entire Aareement and Amendment. This Agreement, including al{ Exhibits and Service Schedules Z 1.1.6, If Alianza violates any provision of this attached hereto, is the complete and exclusive agreement Agreement pertaining to the duties imposed by Subsection 8- between the Parties, superseding any and all prior or contemporaneous agreements, communications, and Afianza Master Services Agreement—Confidential—5 Page 47 understandings (both written and oral) regarding this subject matter. Any terms in any other o�der, release, contract, or 11.11 Publicitv. Alianza may (a) prepare press other communication that are additional to, different from, or releases with respect to this Agreement, which will be inconsistent with the provisions of this Agreement will be submilted after approval by Customer (such approvaf not to deemed to be rejected,void,and of no eFFect.This Agreement be unreasonably withheld or delayed); (b) discfose to third may be modified only by an instrument in writing signed by parties that Customer is an Alianza customer;and (c)use the each Party's duEy authorized representative. name of and identify Customer as a customer in adve�lising materials. 11.8 Waiver. No failure of either Party to exercise or enforce any of its rights under this Agreement wilf act as a 11.12 No 'fhird-Partv Beneficiaries. Nothing in this waiver oF these rights. Any waiver of any provision of this Agreement,express or implied,is intended to confer upon any Agreement must be in writing and signed by an oKcer of the person other than the Pariies hereto any rights or remed�es. waiving Party. 11.13 Execution in Counteroarts. This Agreement 11.9 Severabiiitv. If for any reason a court of may be executed in counterparts, each of which will be competent jurisdiction finds any provision of this Agreement deemed to be an original and may be conveyed electronically. invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible,and the other 11.14 Governmental Immunitv Act. No te�m or provisions of this Agreement will remain in full force and effect. condition of this Contract shall be construed or interpreted as a waiver, express or implied, by Customer of any of the 11.10 Force Maieure. Except for payment notices, requirements, immunities, rights, benefits, oblfgations,neither Party shall be liable for delays or failures protections, limitations of liabifity,and other provisions of the to meet obligations caused by forces beyond such Party's Colorado Governmenta! Immunity Act, C.R.S.§24-10-101 et reasonable conirol ("Force Majeure Event'). Force Majeure seq, and under any other applicable law. Events together with Scheduled Maintenance shall be considered"Excused Outages". IN WITN�SS WHEREOF,the Parties hereby acknowledge that they agree to be bound by the terms and conditions of this Agreement. Alianza Master 5ervices Agreement—ConFidential—6 Page 48 ALIANZA �13�T.pMER Signature: Signature: /'`-r'1 IName: J Brian Beutler Name: I ra,D� ��,r � Title: 1 ChieF Executive OKcer Title: I �..Mp,.,.�aP � Date: � July 3,2019 I Date: I ��;.�� Z�,�c� i Address for Notice: Address for Notice: Alianza, Inc. Town of Estes Park 333 Soukh 520 West,Suite#350 17o IvlacGregor Ave. Lindon, UT 84042 P.O.Box tzoo Attn: Legal Department Estes Park,CO 80517 Attn:Utilities Department With a copy to: With a copy to: AIIanZe, InC. Town of Estes Park 333 South 520 West,Suite#350 17o IvlacGregor Ave. Lindon, UT 84042 P.O.Box lzoo Attn: Finance Department Estrs Park,CO 80517 Attn:Finance Department Mvofcing Contact Name: Karla Sterling Email: ksterling@estes,org Phone: i970)577-3588 Alianza Master Services Agreement—�onfidential—7 Page 49 �XFtIBIT 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 Wosted PBX user, or (d}one SIP trunk session. VSL fees apply to all VSLs regardless of any accounfs authorization status. VSL Volume Ranges I Base MRC for Add-on MRC iot each Business Line VSL � $1.00 all VSLs _ Up to 10,000 I 52.50 Add-on MRC for each Hosted PBX VSL 4 $1.00 I Add-on MRC per SIP Trunk Session VSL I $1.00 Monthlv Revenue Commrtment for Voice Servrce Licenses:Beginning on Aprrf 1,2020,Customershall pay to Alianza a Monthly Minimum Payment ior Voice Service Licenses of$2,500 per month. !n addrtion to a!!actual invoiced charges for Voice Service Licenses then due and owing at the end of each monfh,Alianza wi!linvoice Customer,and Cusfomeragrees fo payAlianza,for the shorifa!!(if anyJ between the actua!invoiced charges and the Monthly Minimum Paymenf. 2.Setup Fee—57,500 NRC Initial setup, training, and implementation prior to commercial launch; including (a) setup and conBguration 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)initial training as reasonably needed to Facilitate knowledge transfer from Alianza to Customer (train the trainer approach), (e) setup of certified wholesafe carrier connections and (f)Device prov9sioning 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-3175 per hour{optfonal� Examples of Professional Services avaifable 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 firmwa�e,(d)new Ihird-party caRie�cenification 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, timelines, divisions oi responsibilities and cosis. Alianza Master Services Agreement—Confidential—8 Page 50 ExHis�T s: SERVICE DESK POLiCY 1. Support Tiers— a) Tier 9 —Customer is responsible for providing Tier 1 support to End Users. Tier 1 support agents are expected to make changes to VoIP Services through the Alianza Admin PorSal 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 suppo�t. Tier 2 support is responsible for the troubleshooting, diagnosis and further documentation of issues that Tier 1 is not able to resolve. Examp�es 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 Custome�'s data network, End User's data networlc,or Devices. c) Tier 3 — Alianza is responsible for providing Tier 3 supporl directly to Customer's Tier 2 representatives. Tier 3 is responsibfe 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 paRies.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 a ticket.The creation of the ticket allows Alianza's support depatiment 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 wilE include all contact information for key Afianza teams and employees. 3. Priority Definitions �Response Times—AI1 incidents escalated by Customer to Alianza should be assigned the appropriate priority(by Customer's agents)from level from i 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 permanent solution. Priority Response Workaround Workaround level: Description: Time: or Solution or Solution (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 orall Devices de-registering. issue Priority 2 is reserved for critica!service outages that don't meet the Designated Alianza 2 Priority 1 severity. Examples include service outages that are limited � Hour resources are mobilized to to a specific geography or issues with specific ieatures or reso�ve the issue functionality that is notworking 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 business soitware problems, Device related issues or service requests. Hours days release Priority 4 issues are based on a low urgency and business impact. Within 7 Defined on 4 Priority 4 issues are similar to priority 3 issues but either have less e Business business a case-by- impact or lower urgency. Hours days case basis 5 Priority 5 issues are for Feature requests. 3 Days SS Best Effort 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 ihat 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 Scheduled Maintenance. Alianza will use commercially reasonabfe efforts to perform such maintenance between 12:00 AM and 3:00 AM Alianza Master 5ervices Agreement—�onfidential—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 wili(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 Avaitability—Core Services are considered Supporting Services Availability—Supporting Services are "unavailable' if Alianza's Cloud Voice Platform is unable to considered "unavailable" if a specific calling feature is or a process End User calls for reasons other than an Excused supporting service (such as Alianza's Administrative Web Outage. Down-time is calculated from the time at which Portal or API) is inoperable for reasons other than an Customer submits a formal ticket with Alianza's Service Desk Excused Outage. Down-time is calculated from the time at reporting an outage until the time at which availabi{ity is which the Customer submits a formal ticket with Afianza's reestablished. For clarity, any core service impacting event Service Desk reporting an incident unti! the time at which originating in Customer's network, or any Third-party service is reestablished. For clarity, any supporting service Service, will not impact the Core Services Availability impacting event originating in Customer's network or any calculation. In the event that Alianza does not meet the Third-party Service will not impact the Supporting Services Service Level for Core Services Availability, Customer shall Availability calculation. In the event that Alianza does not be entitled to a servfce credit on the following month's MRCs meet the Service Level for Supporting Services Availability, invoiced for Voice Service Licenses.The credit amount shall Customer shall be entitled to a seroice credit on the following be based on the cumulative unavailability of the Core month's MRCs invoiced for Voice Service Licenses. The Services during the specific calendar month (as set foRh in credit amount is based on the cumulative unavailability of the the table below), multiplied by the percentage of End Users Supporting Services during the specific calendar monlh (as impacted (based on best effort calculations using call detail set forth in the table below), multiplied by the percentage of records andlor other data). End Users impacted(based on best effort calculations using call detail records andlor other data). ICumulative Unavailability Service Level Credit � Cumulative Unavailabllity Service Level Credit I (in hrs:mins:secs) (%of VSL MRC) � Sin hrs:mins:secsp (%of VSL MRC} + � 00:00:01 -00:10:00 � 0% � � 00:00:01 -00:43:48 � 0% � � 00:10:01 -00:43:48 � 5% � J 00:43:49-04:00:00 � 5% 00:43:49-02:00:00 � 10% � � 04:00:01 -12:00:00 � 10% � 02:OO:Oi + � 15% I � 12:00:01 + � 15% 7'o request a credit, Customer must deliver a written request to Alian2a (with su�cient detai!) within 30 days of the end of the month in which the credit was accrued. 6. Chronic Outage— In the event that Core Seroices 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 ear�y terminaGon fees, or payment 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 nse to it. Alianza Master Services Agreement—[onfidential-10 Page 52 SERVICES SCWEQULE ALIANZA CARRIER AND EMERGENCY SERVICES This Service Schedule is incorporated into,and shall form a part of,lhe Master Services Agreement("Agreement"). 1.Allanza Carrier and Emergency Services: Alianza shall be responsible for providing ail wholesale carrier services and E911 emergency services to Customer as set forlh in this service schedule and the attached Schedule A (in Excel Format}. Carrier Services provided by Afianza may not be used for any automated call center applications,call blasting or other mass calling or mass faxing applications. 2. Pricing 8 Deposit: Pricing is defined in the attached Schedule A and may be modified by Alianza after 15•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 lwo 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 tolal amount invoiced by Alianza. 3. Emergency Services: Alian2a'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 ca11s 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 seroices 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 IMMEDIATELY UPON ANY LOCATION CHANGE. CUSTOMER ACKNOWLEDGES, AND WILL INFORM END USERS, THAT THE PHYSICAL LOCATION REGISTERED FOR THE END USER'S EQUlPMENT WILL BE THE ONLY LOCATION TRANSMITTED TO THE EMERGENCY CALL TAKER AND FAILURE TO MAINTAIN ACCURATE LOCATION INFORMATION, E911 COMMUNICATIONS MAY NOT FUNCTION PROPERLY.WHEN CUSTOMER NOTIFIES ALIAN2A OF A CHANGE 1N 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 E991 SERVICE DOES NOT HAVE THE SAME FUNCTIONALITY OR AVAILABILIZY AS THAT ASSOCIATED WITH TRADITIONAL WIRELINE 911 SERVICES, AND IS SUBJECT TO CERTAIN LIMITATIONS AND RESTRICTIONS INCLUDING THOSE DESCRIBED HEREIN.CUSTOMER ACKNOWLEDGES,REPRESEN7S 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, verifiied 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 Intemet access at the user's location. d. Improper installation or Failure of Device,software or any other devices in the critical path bekween the user's telephone handset and Alianza's Cloud Voice Platform_ e. Suspension,disconnection, terminalion or failure oF the seroice to Function for any reason. i. The user attempts a 911 call From a location/address different than the focation/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 DISCLOSURElACKNOWLEDGEMENT. CUSTOMER IS RESPONSI6LE FOR ENSURING THAT ALL END USERS AGREE TO A 9'11 SERVICE LIMITATION DISCLOSURE/ACKNOWLEDGEMENT BEFORE 1NITIATING 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. LICENSORS, SUPPLIERS, AND RESELLERS WILL HAVE NO LIABILITY TO Alianza Master Seroices Agreement—tonfidential—11 Page 53 CUSTOMER, ITS ENQ USERS, OR ANY 1'HIRD PARi"Y,AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION, ARISING OUT OF OR RELATED TO CUSTOMER, [TS END USERS. OR ANY THIRD PARTY'S INABILITY TO DIAL 911 OR ANY EMERGENCY 7ELEPHONE 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, I'TS AFFILIATES, OFFECERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS, SUPPLIERS, AND RESELLERS FROM ANY AND ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, EXPENSES, ANO/OR COSTS (INCLUDING BUT NOT LfMITED TO ATTORNEYS' FEES AND COSTS OF SUIT) BY OR ON BEHALF OF CUSTOMER ARISING FROM OR RELATED TO THE FAILURE OF 91'ilE911 TO FUNCTION OR FUNCTION PROPERLY OR ALIANZA'S PROVISION OF 911! E911 SERVICES OR FAILURE TO PROVIDE ACCESS TO 91'i! E911 SERVICES. Alianza Master Seroices Agreement—Confidential—12 Page 54 TOWN BOARD MEETING July 14, 2020 Report and Discussion Item 1. Estes Vallev Investment in Childhood Success — Introduction of New Executive Director. There are no materials for this item. Page 55 �� ` �� ♦ O �` �� a �� Page 56 Ta�N oF ESTEs �7�� Memo � � 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 Obiective: 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. Advantaaes: 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. Disadvantaqes: 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 ATTACHMENT 1 April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: Q The application was filed June 5, 2020 . 0 The Town has received all necessary fees and hearing costs. C�J The applicant is filing as a LLC . 0 There is a police report with regard to the investigation of the applicants. Q Status of T.I.P.S. Training: Unscheduled X Completed Pending Confirmation MOTION: I move the Transfer Application filed by Mona Lisa LLC doing business as The Dunraven for a Hotel and Restaurant License be approved/denied. Page 59 _ ATTACHMENT 2 DR8404(01/O6/20) Colorado Liquor COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 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/enforcemenf/liquor 1. Applicant is applying as alan ❑ Individual � Limited Liability Company ❑ Association or Other ❑ 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 Number lV1on� 1 �Sa. LLG 2a.Trade Name of Establishment(DBA) State Sales Tax Number Business Telephone � 'T►� ��..ra.,en ��n•• I ya9ao68-o000 � ��o-sg6-6vo9 3. Address of Premises(specify exact location of premises,include suite/unit numbers) 1''�00 �:c� �ho,.,.QSo� �}V� City , � County State ZIP Code �s�es ��r K f..��►„�r Co �oSi� 4. Mailing Address (Number and Street) City orTown State ZIP Code �� 3;0, ��.o.--so� qv� �s{,es ��K co �oSi`�- 5. Email Address -' w,dv.d��,r�.�e•�i�� .� �r.-�:1. co•Y, 6. If the prerr�ises 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 Presen E iration Date �S�eS 'F�.�{l �esd�-� � }lo�el ag--'�-I'�36-0000 �! a R io�a�aoao Section A Nonrefundable Application Fees Section B(Cont.) Liquor License Fees ❑ Application FeeforNew License............................................$1,550.00 ❑ Liquor-LicensedDrugstore(Couniy)..................................................$312.50 ❑ Application Fee for New License w/Concurrent Review............$1,650.00 ❑ Lodging&Entertainment-L8E(City).................................................$500.00 �Application Fee for Transfer...................................................$1,550.00 ❑Lodging&Entertainment-L8E(County)...........................................$500.00 Section B Liquor License Fees ❑ Manager Registration-H 8�R................................................................$75.00 ❑Add Optional Premises to H&R.........$100.00 X Total ❑Manager Registration-Tavem...............................................................$75.00 ❑ Manager Registration- Lodging&Entertainment................................$75.00 ❑Add Related Facility to Resort Complex$75.00 X Total ❑ Manager Registration- Campus Liquor Complex...............................$75.00 ❑Add Sidewalk Service Area....................................................................$75.00 � O tional Premises License Ci ❑Arts License(City) $308.75 P � tY).........................................................$500.00 ................................................................................ Optional Premises License(Couniy)...................................................$500.00 ❑Arts License(County)..........................................................................$308.75 ❑ �cetradc License(City) $500.00 ....................................................................... ❑Beer and Wine License(City)..............................................................$351.25 � �ce��License(County) $500.00 ................................................................. ❑ Beer and Wine License(County)........................................................$436.25 ❑ Resort Complex License(City).............................................................$500.00 ❑ Brew Pub License(City) .................................................................... $750.00 ❑ Resort Com lex License Coun ❑ Brew Pub License Coun P � �Y).......................................................$500.00 ( ty).................................................................$750.00 � Related Facili Cam us Li uor Com lex C' ❑ Cam us Li uor Com lex Ci �- P Q P � �Y)••••••••••••••••••••••••••••••$160.00 p q p ( ly)...........................................................$500.00 � Related Facili -Cam us Li uor Com lex Coun tY P 9 P � tY)........................$160.00 ❑ Campus Liquor Complex(County).....................................................$500.00 ❑ Related Facility-Campus Liquor Complex(State)............................$160.00 ❑ Campus Liquor Complex(State).........................................................$500.00 � Retail Gamin Tavem License Ci 9 ( tY)...................................................$500.00 ❑ Club License(City)...............................................................................$308.75 � Retail Gamin Tavem License Coun ❑ Club License(County) $308.75 9 � �)..............................................$500.00 ........................................................................ ❑ Retail Li uor Store License-Addfional Ci ❑ Distille Pub License C 4 � �Y�••••••••••••••••••••••••••••••••••••••$22�•50 ry ( dy).................................................................$750.00 � Retail Li uor Store License-Additional Coun ❑ Distille Pub License Coun q � �Y)••••••••••••••••••••••••••••••••$312.50 �Y � �Y)...........................................................$750.00 ❑ Retail Li uor Store Ci 4 � �Y).......................................................................$227.50 � Hotel and Restaurant License(City)...................................................$500.00 ❑ Retail Liquor Store(County).................................................................$312.50 ❑ Hotel and Restaurant License(County) ............................................$500.00 ❑Tavem License(City)..........................................................................$500.00 ❑ Hotel and Restaurant License w/one opt premises(City).................$600.00 ❑Tavem License(County)....................................................................$500.00 ❑ Hotel and Restaurant License w/one opt premises(County)............$600.00 �Vntners Restaurant License(City) $750.00 ...................................................... ❑ Liquor-Licensed Drugstore(City).......................................................$227.50 �Vnlners Restaurant License(County) $750.00 ................................................. Questions?Visit: www.colorado.gov/enforcement/liquorfor more information Do not write in this space-For Department of Revenue use only Liability Information License Account Number `Liability Date I License Issued Through(Expiration Date) I Total I $ � Page 60 DR 8404(01/O6/20) -Name Type of License G. ACCroint ti��mhar ' � No�c1 �- �es�. �� - 7. Is the applicant(including any of the partners if a partnership;members or managers if a limited liability company;or officers, Yes No stockholders or directors if a corporation)or managers under the age of twenty-one years? ❑ � 8. Has the applicant(including any of the partners if a partnership;members or managers ff a limited liability company;or officers, stockholders or directors if a corporation)or managers ever(in Colorado or any other state): a.Been denied an alcohol beverage license? � � b.Had an alcohol beverage license suspended or revoked? � � c.Had interest in another entity that had an alcohol beverage license suspended or revoked? � � If you answered yes to 8a,b or c,explain in detail on a separate sheet. 9. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the ❑ f Z� preceding iwo years?If"yes",expiain in detail. 10. Are the premises to be licensed within 500 feet,of any public or private school that meets compulsory education requirements of � � Colorado law,or the principal campus of any college,u�iversiiy or seminary? or Waiver by local ordinance? ❑ ❑ Other: 11. Is your Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than(>)10,0000?NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door- ❑ ❑ way of the Licensed LLDS/RLS. N�� 12. Is your Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 3000 feet of another retaii liquor license for off-premises sa�es in a jurisdiction with a population of less than(<)10,0000?NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDSlRLS premises for which the application is being made and ends at the principal ❑ ❑ doorway of the Licensed LLDS/RLS. �� 13 a.For additional Retail Liquor Store only.Was your Retail Liquor Store License issued on or before January 1,2016? �(//i4 ❑ ❑ 13 b.Are you a Colorado resident? � � 14. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership;members or manager if a Limited Liability Company;or officers,stockholders or directors ff a corporation)?If yes,identify the name of the business and list any H ' current financiai interest in said business including any loans to or from a licensee. 15. Does the appiicant,as listed on line 2 of this application,have legal possession of the premises by ownership,lease or other � � arrangement? ❑ Ownership � Lease ❑ Other(Explain in Detail) a.If leased,list name of landlord and tenant,and date of expiration,exactly as they appear on the lease: Landlord Tenant I Expir�s /� I�.cx-K� Jho,.•,�u:r No+e) ��oQer�-,e� r►ona l;so. LC.c, �ao 0 b.Is a perc�ntage of alcohol sales included as compensation to the landlord? If yes,comptete question 16. � ` � c.Attach a diagram that designates the area to be licensed in black bold outline(inciuding dimensions)which shows the bars,brewery,walls, partitions,entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11". 76. Who,besides the owners listed in this application(including persons,firms,partnerships,corporations,limited liability companies)will loan orgive money, inventory,furniture or equipment to or for use in this business;or who wiil receive money from this business?Attach a separate sheet if necessary. Last Name First Name I Date of Birth I FEIN or SSN I InteresUPercentage I�ioc�:Y r�o��:n No�el �ro�e��;es /O �o Last Name/ � First Name Date of Birth FEIN or SSN Interest/Percentage 1`��K� Mo,•.,}-�,:n Flv�� o�/�i25 I I I i3o,000 � Attach co ies of all notes and security instruments and any written agreement or detaiis of any oral agreement,by which any person(including partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of this establishment,and any agreement retating to the business which is contingent or conditional in any way by volume,profit,sales,giving of advice or consultation. 17. Optionai Premises or Hotel and Restaurant Licenses with Optionai Premises: Has a local ordinance or resolution authorizing optional premises been adopted? ❑ � Number of additional Optional Premise areas requested.(See license fee chaR)� 18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local goveming body authorizing use of the sidewalk.Documentation may include but is not limited to a statement of use,permit,easement,or other legal permissions. 19. Liquor Licensed Drugstore(LLDS)applicants,answer the following: a.Is there a pharmacy,licensed by the Colorado Board of Pharmacy,located within the applicanYs LLDS premise? N�p � � If"yes"a copy of license must be attached. 3 Page 61 ' DR 8404(01/O6/20) ('�� Name Type of License ��di�.� Account Number �--- � I F�o{e I � 1�e5�c...�e.!.{ I _ • - 20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation I N/� a.Is the applicant organization operated solely for a national,social,fratemal,pafiotic,poliUcal or athietic purpose and not for pecuniary gain? ❑ ❑ b.Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is operated solety for the � � object of a patriotic or fratemal organization or society,but not for pecuniary gain? N�� c.How tong has the club been incorporated? I d.Has applicant occupied an establishment for three years(three years required)that was operated solely for the reasons stated above? � � 21. Brew-Pub,Distillery Pub or�ntner's Restaurant applicants answer the following: ❑ ❑ a.Has the applicant received or applied for a Federal Permit?(Copy of permit or application must be attached) 22. Campus Liquor Complex appiicants answer the following: a.Is the applicant an institution of higher education? Yes No b.Is the applicant a person who contracts with the institution of higher education to provide food services? N/� � � If"yes"please provide a copy of the contract with the institution of higher education to provide food services. 23. For all on-premises applicants. a.Hotel and Restaurant,Lodging and Entertainment,Tavem License and Campus Liquor Complex,the Registered Manager must also submit an Individual History Record -DR 8404-I and fingerprint submitted to approved State Vendor through the Vendor's website.See application checklist,Section IV,for detaiis. b.For all Liquor Licensed Drugstores(LLDS)the Permitted Manager must also submit an Manager Permit Application -DR 8000 and fingerprints. Last Name of Manager First Name of Manager r�o��.�.r. � �„d��.tl 24. Does this manager act as t�manager of,or have a financial interest in,any other liquor licensed establishment in the State of � � Colorado?If yes,provide name,type of license and account number. 25. Related Facility-Campus Liquor Complex applicants answer the following: Yes No a.Is the related facility located within the boundaries of the Campus Liquor Complex? N�R. ❑ ❑ If yes,please provide a map of the geographicai location within the Campus Liquor Complex. If no,this license type is not available for issues outside the geographical location of the Campus Liquor Compiex. b.Designated Manager for Related Facility-Campus Liquor Complex Last Name of Manager First Name of Manager 26. Tax Information. Yes No a.Has the applicant,including its manager,partners,officer,directors,stockholders,members(LLC),managing members(LLC),or any � � other person with a 10%or greater financial interest in the applicant,been found in final order of a tax agency to be delinquent in the payment of any state or local taxes,penalties,or interest related to a business? b.Has the applicant,including its manager,partners,officer,directors,stockholders,members(LLC),managing members(LLC),or any ❑ $] other person with a 10°/a or greater financial interest in the appiicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503,C.R.S.? 27. If applicant is a corporation,partnership,association or limited liability company,applicant must list all Officers,Directors,General Partners, and Managing Members.In addition,applicant must list any stockholders,partners,or members with ownership of 10%or more in the applicant.All persons listed below must also attach form DR 8404-I(Individuai History Record),and make an appointment with an approved State Vendor through their website.See application checklist,Section IV,for details. Name Home Address,City&State �� CO DO� � �Position %Owned �}nd�eal � !'7o�o�c.�, lo`�S le�c:no��on 1�,.,p �pSj�l owti2r I �G� Name '-' I Home Address,City�State (DOB I Position I°/aOwned Name , Home Address,City 8�State I DOB I Position I%Owned Name I Home Address,City&State I DOB I Position I°/aOwned Name I Home Address,City&State I DOB I Position I%Owned "`If applicant is owned 100%by a parent company,please list the designated principai officer on above. "*Corporations-the President,Vice-President,Secretary and Treasurer must be accounted for above(Inciude ownership percentage if applicable) **If total ownership percentage disclosed here does not total 100%,applicant must check this box: � Applicant affirms that no individual other than these disclosed herein owns 10%or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Articie 3 or 5,C.R.S. 4 Page 62 ` DR&404(01/06/20) �Name I TyN o��en�se�� f I Acr.r•�nt Numbe� � ✓i�n Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my knowiedge.I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Autho' ed Signature Printed Name and Title Date � �n��c� � �orvJ�.•� aGl�n2t I s�/a//ap � Repo�d Approvai of Local Licensing Authority(City/County) � Date application filed with local authorit�J I Date of bcal authority hearing(for new license appiicants;qnnot be less tl�an 30 days from date of appiication) The Local Licensing Authority HerebyAffirms that each person required to file DR 8404-I(Individual History Record)or a DR 8000(Manager Permit)has been: ❑ Fingerprinted ❑ Subject to background investigation,including NCIC/CCIC check for outstanding warrants That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of,liquor code provisions affecting their ciass of license (Check One) ❑ Date of inspection or anticipated date ❑ Will conduct inspection upon approval of state licensing authority ❑ Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 1,500 feet of another retail liquor license for off- Yes No premises sales in a jurisdiction with a population of>10,0000? ❑ ❑ ❑ Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 3,000 feet of another retail liquor license for off- premises sales in a jurisdiction with a population of<10,0000? ❑ ❑ NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. ❑ Does the Liquor-Licensed Drugstore(LLDS)have at least twenty percent(20%)of the applicanYs gross annual income derived from the sale of food,during the prior twelve(12)month period? ❑ ❑ The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory.We do report that such license,if granted,will meet the reasonabie requirements of the neighborhood and the desires of the adult inhabitants,and will comply with the provisions of Title 44,Article 4 or 3,C.R.S.,and Liquor Rules.Therefore,this application is approved. Local Licensing Authority for ITelephone Number I ❑ Town,City ❑ Countv Signature I Print (Title I Date Signature I Print i Title I Date 5 Page 63 � DR 8495(07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, A�d re�u K. /�el'o��-�^ am signing this Tax CheckAuthorization, Waiv�e ar�d Request to Release Information (hereinafter "Wa�r') on behalf of I''1o�a. �;�.. //c-. 17aA �� '"r'-�e� (the "Applicant/Licensee") to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential,as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Coforado Liquor Enforcement Division as his or her agents, clerks, and employees.The information and documentation obtained pursuant to this Waiver may be used in connection with the ApplicanULicensee's liquor license application and ongoing ficensure by the state and local licensing authorities.The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Ru1es"), require compfiance with certain tax ob4igations, and set forth the investigative,disciplinary and licensure actions the state and local{icensing authorities may take for vio4ations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waive� is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes.This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, ApplicanULicensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly authorized representative under section 39-21-113(4),C.R.S.,solely to allow the state and local licensing authorities,and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules.ApplicanULicensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name(IndividualBusiness) �Social Security NumbedTax Identification Number T�.2 l7v,n r o-�e� �n n • Address � i'd� 13�� L„o.,...�Son ��/� Ci� � � I State Zip �'s.�es ►��-f K 1 co �o�i'� Home Phone Number I Business/Work Phone Number �,�o_ �9O-a a�-6 q�}a-.��6-6�aq Printed name of person signing on behalf of the ApplicantlLicensee Andle�v �. Mot��r, ApplicantlLi�nsee's Signature(Signature4�Cithori ing the disclosure of confidential tax i ation) Date sig ed ��/ � �� s�a��aaao �� Privacy Ac ta ment Providing your Social Security Number is voluntary and no ' , benefit or privilege provided by law will be denied as a result of refusal to disclose it. §7 of Privacy Act, 5 USCS§552a (note). 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': t• "'r �",�>> 'y.� ��r� 5 1 f � � ,`4, `✓^��" `a�,�c;=��-,-;:.��''�� `'�. � ,^ � p1� � (�y��r `�� -• �"" ,_.�.,a�'�� _C31'...:)....3�! � f :J � ��-..:� ..+„"".�._ ijf 1�try.:7.i,v/ �' ; �} 1" /' �v. 'ti� :5 . , / � �-..,..,_„_ `C�.. I '..� �j�, �.,.-�--^"y�� •r y,.i? ;s.�9��h1�.. � ��.. F '^�., .._-�`"o �/iy �S� c3�•^Yit�.."v'� � l �:� 3° ��O(�S �= �c.7��:t:b"::: .._� '~� ft� ,_._._.�....� CU�lCRE'z�C � e:.;��i�;��:: t� 1+ � C:i.��Ea �''"'��r _ t _y, �%' ; t!. ; � �..;-�;,,/ n .l� ,,�-,� ---' �. �r�`, � �,��:��,' ��1 u /�1 �l/ �� . ..,,..,.-....+' ...."^.�'- �� f f-' -� � !� Pfi,�ll�i�nl�~ .�' �,�-#'' `�� "�.-'Ma` t, "f; � 3 J , 1\ •� a� ''�+,�' �� ` "� a....�..�.�w� , ,,,,-�,,,-�-'�. .` . . � �.� , � -- � .� �, � . � � ��. � : r """•�.,, ~a'• \ �i��. ' � � �w� � �r-''},�,..,. i� ```✓� _ i � � . ` C:;XI:`lTltJt:;�S�„?IT;;t. -' - /� ?.�K�:E�;'1'F;:3 �, �� ,� r, ,.- -'� : � r. .,..-� � .��s,,. �„_ . � � - � � � �,�, •y-� � � �..,. .�, --r-��,o„�., ! ;s�. �l-G .,�' � PR�PC��EL7 �'C}�U�1�/��'.Y 1713�. � I,.� �rro-�¢n �.�n ,,`�''� � �vo-r Ta sc��.�- � ATTACHMENT 3 • DR 8404-I(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 o�mership, 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 Cellular Number l I�•� ��..r�.�e� ��n � 5'ZO-5�i0-oa�6 2.Your Full Name(last,first,middle) 3.List any other names you have used �"�or��.�. l�.,�teul �e: +� ArvD�/ 4.PJlailing a'3dress(if different from residance) Email Address A.,d y. d�.�c'�.,.e�;�nn��r^y;I. cow, 5. List current residence address. Include any previous addresses�vithin the last five years. (Attach separate sheet if necessary) Street and Number I City, State,Zip ' From � To Current /o'�_� lex;�o.�o� ��.�e. �s�es P«K , co. gosi'} aoi3 � P�ese.,� Previous ---� � I i 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) , Name of Employer or Business I Address (Street, Number, City, State, Zip) � Position Held � From I To I 7�-�e. ��n/�.ven �nn I a y'�O �wy 66 ��• �O. 4��SP� �W�e f �t�//`�,jl I��eSen� I � ' I I - ' 1 I � I � � 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. I Name of Relative � Relationship to You I Position Held I Name of Licensee I V ! � k N I I I8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, �Yes ❑No furniture,fixtures, equipment or inventory to any licensee?(If yes, answer in detail.) ?�•� �vnr�.ven �,nn L.�.S �. Cvl'f�,..�- I:cen52, Wovlcl � � I�Q �0 7�c.ns�°�. 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.) �Yes ,�No Page 70 DR 8404-I(03/20/19) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?(If yes, explain in detail.) �Yes �(No 11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a � deferred sentence? (If yes, explain in detail.) ❑Yes �No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑Yes �No Personal and Financia! Inforrnation Uniess otherwise provided by law, the personal information required in question#13�r�ill be treated as confidential. The personal information required in question#13 is solely for identification purposes. 13a. Date o,f Birth b.Social Security Number c. Place of Birth I I I ��eW6Q�J G 0 . I d. U.S.Citizen �Yes ❑No e. If IVaturalized,state where If.When '" Ig. Name of District Court - h.Naturalization Certificat2 Number i. Date of Certification Ij.If anAlien:GiveAlien's Registration Card Numberl k.Permanent Residence Card Number I. Height m.Weight n.Hair Color o. Eye Color p.Gend�r po ou have a current Driver's I i�P��=��n? i �Q Y f If so;give number and state. $ �- ! �}S ��OnO�� V2 � IJ�Yes ❑No #. _ _ _ . ,�tate t,v 14. Financial Information. a.Total purchase nrice or investment being made by the applying entity, corporation, partnership; limited liability company, other. 5. ►a�,56°I. b� b. List the total amount of the personal investment, made by the person listed on question#2, in this business including any notes, loans, cash, services or equipment,operating capital, stock purchases or fzes paid. �_ � '`If corporate investmen#oniy please skip to and complete section (d) '`'`Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b.You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash,Services or Equipment � Account Type I Bank Name I Amount I I . I I I I I I d. Provide details of the corporate investment described in 14(a).You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash,Services or Equipment I Loans I Account Type � Bank Name � Amount C�sl., I c�ecK,,,o. � �.�K o� Es�es � as$6��6 i � � ✓ � � � � e. Loan Information (Attach copies of all notes or loans) Name of Lender I Address � Term � Security I Amount 3�.,,K o.� �� I a 5S� ��.�k �� I G�ed�'f I,� I loo,000 G-S�.eS 7�,rW I i � I I I I I I Oath of Applicant I declare under penaltv of periury that this applieatron and all attachments are true, correct, and complete to the best of mv knowledqe. Aut zed Signature ` Print ignature Title Date � � I �ndrecJ I��a,,. I vwr�e� I s�a'�Ic�,o� U � , Page 71 ATTACHMENT 4 � TOV�/N oF ESTES P June 30, 2020 � Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Mona Lisa LLC dba The Dunraven Inn Morgan, Andrew K. Dear Ms. Williamson: 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. Sincerely, � � �� Wes Kufeld Chief of Police, Estes Park Police Department ,�, µ•.�'.."�c =; w,#�,,�` :=� �;?�'�. '* ' ESTES PARK,CO 80517 www.estes.or 170 MACGREGOR AVE. P.O.BOX 1287 � g ��j' Police Department . j r , 970-586-4000 Wes Kufeld,Chief of Police '-'.�:;��"�/ � www.estes.org/pd � „�- . . Page 72 i T��N o� ESTES PARr 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 Cafe, 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 Obiective: Approval of a new Beer & Wine liquor license located at 457 E Wonderview Avenue #C1, Estes Park, Colorado. Application filed by Mountain Home Cafe, 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. Advantaaes: 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 Disadvantaqes: 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 Cafe, Inc, dba Mountain Home Cafe be approved/denied. Attachments: 1. Procedure for Hearing 2. Application 3. Individual History 4. Police Report Page 74 ATTACHMENT 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 Cafe, 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. u The applicant is filing as a Corporation. ❑ The property is zoned CO — Commercial Outivinq 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 . � Page 75 ❑ 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. 2 Page 76 ATTACHMENT 2 • DR8404(01/O6/20) Colorado Liquor COLORADO DEPARTMENT OF REVENUE Liquor Enforeement Division (303)205-2300 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/enforcemenf/liquor 1. Applicant is applying as a/an ❑ Individual ❑ Limited Liability Company ❑ Association or Other [�Corporation ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) 2. Applicant Ifan LLC, name of LLC;if partnership,at least 2 partner's names;if corporation, name of corporation �FEIN Number �'��\ � ��n.� �pj<- 2a.Trade I�ame of Establishment(DBA) State Sales Tax Number Busmess ieiep�� M c��'�.��t.��n ��c�n�f ��- ._ c'�y 7 6 �� i - - Z 3. Address of Premises(speci�y exactTcation of premises,include suite/unit numbers) 1c��.i��c� �.�� C � Ci County State ZIP Code F-��S �'�� 1 ��c�: �v�n � � �F,�( � 4. Mailing Address (Number and Street) City or Town State ZIP Code � . f� , �c�x �� -�-ng �ca�`!�'` Ca �c�� l� 5.'Email Address ' � r�� a i'�CYe�)��n �j � � �F�-� � �� . !"n tYl 6. Ifthe premises currenUy has a liquoror beer license,you must answer the following questions Present Trade Name of Establishment(DBA) +Present State License Number I Present Class of License Present Expiration Date I Section A Nonrefundable Application Fees Section B(Co�t.) Liquor License Fees ❑ Application Fee for New License............................................$1,550.00 ❑ Liquor-Licensed Drugstore(Counly)..................................................$312.50 �Application Fee for New License w/Concurrent Review............$1,650.00 ❑ Lodging 8 Entertainment-L&E(City).................................................$500.00 ❑ Application Fee for Transfer...................................................$1,550.00 ❑ Lodging 8�Entertainment-L8�E(County)...........................................$500.00 Section B Liquor License Fees ❑ Manager Registration-H 8�R................................................................$75.00 ❑Add Optional Premises to H 8 R.........$100.00 X Total � Manager Registration-Tavem...............................................................$75.00 ❑ Manager Registration- Lodging&Entertainment................................$75.00 ❑Add Related Facility to Resort Complex$75.00 X Total ❑ Manager Registration- Campus Liquor Complex...............................$75.00 ❑Add Sidewalk Service Area....................................................................$75.00 �p tional Premises License Ci ❑Arts License(City) $308.75 P � tY).........................................................$500.00 ................................................................................ Optional Premises License(Counly)...................................................$500.00 ❑Arts License(County)..........................................................................$308.75 ❑ Racetrack License Ci � tY).......................................................................$500.00 0 Beer and Wine License(City)..............................................................$35125 � ��License(County) $500.00 ................................................................. ❑ Beer and Wine License(County)........................................................$43625 . ❑ Resort Complex License(City).............................................................$500.00 Brew Pub License(City) .................................................................... $750.00 � ResoR Com lex License Coun P � �Y).......................................................$500.00 ❑ Brew Pub License(County}................................................................$750.00 ❑ Related Facility-Campus Liquor Complex(City)..............................$160.00 ❑ Campus Liquor Complex(City)...........................................................$500.00 ❑ Related Facility-Campus Liquor Complex(County)........................$160.00 ❑Campus Liquor Complex(County).....................................................$500.00 � Related Facility-Campus Liquor Complex(State)............................$160.00 ❑ Campus Liquor Complex(State).........................................................$500.00 � Retail Gamin Tavem License Ci 9 � tY)...................................................$500.00 ❑ Club License(City)...............................................................................$308.75 � Retail Gamin Tavem License Coun ❑ Club License(County) 9 � tY)..............................................$500.00 ..........................................:.............................$308.75 ❑ Retail Li uor Store Licens�Addi�onal C� q ( �Y)......................................$227.50 ❑ Distillery Pub License(City).................................................................$750.00 ❑ Retail Liquor Store Licens�Additional(Counly)................................$312.50 ❑ Distillery Pub License(County)...........................................................$750.00 � Retail Li uor Store Ci 9 � tY).......................................................................$227.50 ❑ Hotel and Restaurant License(City)...................................................$500.00 � Retail Li uor Store Coun q � tY).................................................................$312.50 ❑ Hotel and Restaurant License(County) ............................................$500.00 �Tavem License Cit � Y)..........................................................................$500.00 ❑ Hotel and Restaurant License w/oneopt premises(City).................$600.00 � Tavem License Count � Y)....................................................................$500.00 ❑ Hotel and Restaurant License w/oneopt premises(County}...........$600.00 �Vntners Restaurant License(City) $750.00 ...................................................... ❑ Liquor�icensed Drugstore(City).......................................................$227.50 � Vntners Restaurant License(County) $750.00 ................................................. Questions?Visit: www.colorado.gov/enforcement/liquorfor more information Do not write in this space-For Department of Revenue use only Liability Information License Account Number +Liability Date I License Issued Through(Expiration Date) I Total I I$ 1 Page 77 ' DR 8404(01/06/20) �Name I Type of License I Account Number ' 7. Is the applicant(including any of the partners if a partnership;members or managers if a limited liability company;or officers, Yes No stockholders or directors if a corporation)or managers under the age of twenty-one years? ❑ � 8. Has the applicant(including any of the partners if a partnership;members or managers if a limited liability company;or officers, stockholders or directors if a wrporation)or managers ever(in Colorado or any other state): a.Been denied an alcohol beverage license? � � b.Had an alcohol beverage license suspended or revoked? � �' c.Had interest in another entity that had an aicohol beverage license suspended or revoked? � [� If you answered yes to 8a,b or c,explain in detail on a separate sheet. 9. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the ❑ [�' preceding two years?If"yes",explain in detail. 10. Are the premises to be licensed within 500 feet,of any public or private school that meets compulsory education requirements of � Q' Colorado law,or the principal campus of any college,university or seminary? or Waiver by local ordinance? ❑ ❑ Other: 11. Is your Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than(>)10,0000?NOTE:The distance shall be determined by a radius measurement that begins at the principai doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door- ❑ ❑ way of the Licensed LLDS/RLS. '- c�� N 12. Is your Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 3000 feet of another retail liquor�icense for off-premises sales in a jurisdiction with a population of less than(<)10,0000?NOTE:The distance shail be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal ❑ ❑ doorvvay of the Licensed LLDS/RLS. �`�� 13 a.For additional Retail Liquor Store only.Was your Retail Liquor Store License issued on or before January 1,2016? ❑�❑ /�.1 /a 73 b.Are you a Colorado resident? � � 14. Has a liquor or beer license ever been issued to the applicant(including any of the pa�tners,if a partnership;members or manager if a Limited Liability Company;or o�cers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any � � cuRent financial interest in said business including any loans to or from a licensee. 15. Does the applicant,as listed on line 2 of this application,have legal possession of the premises by ownership,lease or other � � arrangement? ,�/ ❑ Ownership L�J Lease ❑ Other(Explain in Detail) a.If leased,list name of landlord and tenant,and date of expiration,exactly as they appear on the lease: Landlord �rl,�Y- �� Tenant Expires S�,n\P_�n ��itlaa�� SL�c�n�� ,na �)�l e�il�1�-r-�„-� �c�Mn �n�p ��n!' Ipc_,�-O\�Z�. b.Is a per�'entage of Sal'cohol sales included as col�pensation to the landlord? If yes,complete question 16. � �' c.Attach a diagram that designates the area to be licensed in black bold outline(including dimensions)which shows the bars,brewery,walls, partitions,entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11". 16. Who,besides the owners listed in this application(including persons,firms,partnerships,corporations,limited liability companies)will loan or give money, inventory,furniture or equipment to or for use in this business;or who will receive money from this business?Attach a separate sheet'rf necessary. Last Name First Name Date of Birth I FEIN or SSN I Interest/Percentage ! . ... . „, c i Last Na�� rirst Namew � — Date of Birth�FtlN or 55N I inte�est/Percentage i .. _ _ �. � _ . � � . Attach cop s of all notes and sec�Srt�y instruments and any5v�ritten agreement or details of any oral agreement,by which any person(including partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume,profit,sales,giving of advice or consultation. 17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? �j�❑ Number of additionai Optional Premise areas requested.(See license fee chart)� 18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4),include a diagram of the service area and documentation received from the local goveming body authorizing use of the sidewalk.Documentation may include but is not limited to a statement of use,permit,easement,or other legal permissions. �`� 19. Liquor Licensed Drugstore(LLDS)applicants,answer the following: a.Is there a pharmacy,licensed by the Colorado Board of Pharmacy,located within the applicanYs LLDS premise? � � If"yes"a copy of license must be attached. n�� 3 Page 78 ` DR 8404(01/06/20) �Name I Type of License I Account Number ' 20. Club Liquor License applicants answer the foliowing: Attach a copy of applicable documentation I a.Is the applicant organization operated solely for a national,sociai,fratemal,patriotic,political or athletic purpose and not for pecuniary gain? ❑ ❑ b.Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is operated solely for the � � object of a patriotic or fratemal organization or society,but not for pecuniary gain? c.How long has the club been incorporated? N!A I d.Has applicant occupied an establishment for three years(three years required)that was operated solely for the reasons stated above? � � 21. Brew-Pub,Distillery Pub or�ntner's Restaurant applicants answer the following: ❑ ❑ a.Has the applicant received or applied for a Federal PermiY?(Copy of permit or application must be attached) �C� 22. Campus Liquor Complex applicants answer the foilowing: a.Is the applicant an institution of higher education? Yes No ❑ ❑ b.Is the applicant a person who contracts with the institution of higher education to provide food services? � � If"yes"please provide a copy of the contract with the institution of higher education to provide food services. y� �'� 23. For all on-premises applicants. a.Hotel and Restaurant,Lodging and Entertainment,Tavem License and Campus Liquor Complex,the Registered Manager must also submit an individual History Record -DR 8404-I and fingerprint submitted to approved State Vendor through the Vendor's website.See application checklist,Section IV,for details. b.For all Liquor Licensed Drugstores(LLDS)the Permitted Manager must also submit an Manager Pertnit Application -DR 8000 and fingerprints. Last Name of Manager First Name of Manager � C� r�w Q, �a 2��U.0 6 �c�ct 24. Does this fi�nager act as the marra�er of,or have a financiai interest in,any o�r liquor licensed establishment in the State of � d Colorado?If yes,provide name,type of license and account number. 25. Related Facility-Campus Liquor Complex applicants answer the foilowing: Yes No a.Is the related facility located within the boundaries of the Campus Liquor Complex? ❑ ❑ If yes,please provide a map of the geographical location within the Campus Liquor Complex. If no,this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b.Designated Manager for Reiated Facility-Campus Liquor Complex n,�A Last Name of Manager First Name of Manager 26. Tax Information. Yes No a.Has the applicant,including its manager,partners,officer,directors,stockholders,members(LLC),managing members(LLC),or any � [� other person with a 10%or greater financial interest in the applicant,been found in final order of a tax agency to be delinquent in the payment of any state or local taxes,penalties,or interest related to a business? b.Has the applicant,including its manager,partners,officer,directors,stockholders,members(LLC),managing members(LLC),or any ❑ /[� other person with a 10%or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503,C.R.S.? � 27. If applicant is a corporation,partnership,association or limited liability company,applicant must list all Officers,Directors,General Partners, and Managing Members. In addition,applicant must list any stockholders,partners,or members with ownership of 10%or more in the applicant.All persons listed below must also attach form DR 8404-I(Individual History Record),and make an appointment with an approved State Vendor through their website.See application checklist,Section IV,for details. Name Home Address,City&State I DOB I Position %Owned ;� � r �Y1�CiG� SP l�Cl t Q� �n�nC''� 1--�✓�r�IQ �.1 ��- ��giC��'l� �C� Name � J Home Address,City&State ` I uuts I Position °Io�'wned �_)a�i (� Q l�I (h �� .i;,n�l l��.,� �' -� �c,c e��u ( �c� Name V l Home Address,City&�te ` I uv�s Nosition `I%Owned I Name Home Address,City&State DOB Position I%Owned Name I Home Address,City 8�State I DOB I Position I°/,Owned **if applicant is owned 100%by a parent company,please list the designated principal officer on above. "'Corporations-the President,Vice-President,Secretary and Treasurer must be accounted for above(Include ownership percentage if applicable) **If totai ownership percentage disclosed here does not total 100%,applicant must check this box: �Applicant affirms that no individual other than these disciosed herein owns 10%or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5,C.R.S. 4 Page 79 DR 8404(01/06/20j Name I Type of License I Account Number Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my knowledge.1 also acknowiedge that it is my responsibiliry and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Aut rized Signature Printed Name and Titl`e Date � �'`l�n n� nD r�l,O!`�C'1 �rJ 1 C_ (/1�,�� Report and Approval d#-�ocal Licensi�Authority(City/County) Date application filed with local authority I Date of bcal authority hearing(for new license appliqnts;cannot be less than 30 days from date of application) b �Iz�2oze� The Local Licensing Authority HerebyAffirms that each person required to file DR 8404-I(Individual History Record)or a DR 8000(Manager Permit)has been: ❑ Fingerprinted ❑ Subject to background investigation,including NCIC/CCIC check for outstanding warrants That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compiiance with and aware of,liquor code provisions affecting their class of license (Check One) ❑ Date of inspection or anticipated date ❑ Will conduct inspection upon approval of state licensing authority ❑ Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 1,500 feet of another retail liquor license for off- Yes No premises sales in a jurisdiction with a population of>10,0000? ❑ ❑ ❑ Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store(RLS)within 3,000 feet of another retail liquor license for off- premises sales in a jurisdiction with a population of<10,0000? � � NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. ❑ Does the Liquor-Licensed Drugstore(LLDS)have at least twenty percent(20°/a)of the applicanYs gross annual income derived from the sale of food,during the prior twelve(12)month period? � � The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory.We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants,and will comply with the provisions of Title 44,Article 4 or 3,C.R.S.,and Liquor Rules.Therefore,this application is approved. Local Licensing Authority for ITelephone Number I ❑ Town,City ❑ Countv Signature - (Print I Titie Date Sig�ure '' " - — I Print . - �Title Date -� .j , ..I . . . —, . _� I ) v v �� _ . 5 Page 80 �,.. . _... . ..... , ... .. . , . DR 8495(07/23/19) �� COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division JUN 17:�A20 � Tax Check Authorization, Wa� er,ADMINISTRATIVESERVICES and Request to Release Inform tI� TiME: I, Olga Ortega de R am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of 1��,R�Q� �nnlY� (�c1�p �nC� (the "Applicant/Licensee") to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorit�es take fin?I action to approve or deny any application(s) for the renswal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the ApplicanYs/Licensee's duly a'uthorized representative under section 39-21-113(4),C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name(Individual/Business) I Social Security NumbedTax Identification Number Mountainhomecafe Enrique Rojas and Olga Ortega de r Address 457 east Wonderview ave City State Zip Estes park I Colorado I 80517 Home Phone Number Business/Work Phone Number 970-481-4080 970-586-6624 Printed name of person signing on behalf of the ApplicanULicensee Olga Ortega de r and Enrique Rojas Appli nULicensee's Sig ature(Signature auth ing the disclosure of confidential tax information) Date signed �� _��lIY,��„ ( `10 � � I 06-16-20 U U � Privacy Act Statement Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). 4 Page 81 �(��—�('��Q\� �. V `�d li L Ls-'��i � . v�o��'�` � e,� �4.�1`2 �� , . . �,�.. . ��-�� . � � . � � � �- r__.__ _ � _ �. � �-� Lc�c.f�� (., , �j��r Lc�c k�� 1 12 x'2 Co�Le� �C. , . ; ' �.I� � � '�es`��^ (2�''a a r� o + /� �� _ �' � � r �2�� '�� C'�TC«-�' � � � Il >> ►° 3r�� .,� , �� N �e �� . � � , �� - �� t t � � !� `�r�'G � , ��r - . .,--� r 9 �- �,� �€.�r� ,_ , . _ .--� r�' �- , . T _ �, r� �-� �, � �.��7/lt� {�``��k17�C� N r ATTACHMENT 3 , DR 8404-I(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 Cellular Number �;�,�-�c�,,� �� cz�l�fl s{��'��9�-,�1 -��,��.�-,z 4 - - - - - - 2.Your Full Name(last,first,mid1dle-)— 3. List any other names you have used �P\�r^� \�`!-� (1 f=tC�.S-IC� f'9� I rh\�r �(`�-2 cJ�C�� 4.Mailing addreks(if different from r6sldence) �� Email ref�d ss C.J �� (� , ��!�� f1�� 1f�/�c��1,r\ir�,�n�nC1�C0►�O lU� 1.1� �n� � ,'V�l � 5. List current residence address. Include any previous addresses�vithin the last five years. (Attach separate sheet if necessary) � Street and Number I City,State,Zip I From I To Current I�'�,� 1—;��ca c-� �:�� .t`F� (' � 2�Cc�� n3 i►,) Previous ` " GJ�, . M('�C�� r-�- �.�-,a� �c`k �C'l �C`1�1� � 6. List all employmentwithin the last five years. Include any self-employment. (Attach separate sheet if necessary) I Name of Employer or Business I Address (Street, Number, City, State, Zip) � Position Held � From I To •:.� �nn rnp C_e,.�P I�-i��- � u;c�,�t`�1 �[� o,v �l JP I C��A y ti-� B,�c`� V�L�V� — �� o�-,� �� :�,��-� � � _ _ � _ I � � - I I 1 I 7. List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. � Name of Relative I Relationship to You I Position Held � Name of Licensee I I f � � � I I \ I I v / � � � ' ( I8. 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.) ❑Yes !._ No � � 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.) �Yes � N❑ Page 83 DR 8404-I(03/20/19) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) �Yes No 11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a � deferred sentence? (If yes, explain in detail.) ❑Yes L�J No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detaii.) ❑Yes .�No Per�onal and Financia! Information Unless otherwise provided by law, the personal information required in question#13 will be treated as confidential.The personal information required in question#13 is solely for identification purposes. 13a. Date of Birth I b. Social Security Number c. Place of Birth I � I L,�p X.�r� d. U.S.Citizen i�.J Yes ❑No e. If Naturalized,state wnere I f.When I g. Name of District Cou r t h. Naturalization Certificate Number i. Date ofCertification Ij.IfanAlien,GiveAlien's Registration Card Numberlk.Permanent Residence Card Number I. Height m.Weight n.Hair Color o. Eye Color p.Gender q.Do you have a current Driver's License/ID?If so.give number and stat2. S�Z I 1 Z.C� '�ttx��4;� Tav�n.wi n I� �s ❑No �� te�_1`—��` 14. Financial Information. V a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $3i13-ZS b. List the total amount of the personal investment , made by the person listed on question#2, in this business including any notes, loans, cash,services or equipment,operating capital, stock purchases or fees paid. $(`� ' If corporate investment only please skip to and complete section (d) '`*Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b.You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash Services or Equipment I Account Type I Bank Name I Amount _-„ -- I -- - -- __ I __ .., . � _ _,.. ...� �, I - ... .� i i I � I I . I I d. Provide details of the corporate investment described in 14 (a).You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type�ash�Services or Equipment I Loans I Account Type I Bank Name I Amount � . �'r-��.1 I�'1�/�C'i��✓�tCnl��l-c �i�,? _�� `� �11�7.j I - -- ,J� - -- - -. _ � i e. Loan Information(Attach copies of all notes or loans) Name of Lender I Address � Term I Security � Amount ( � � I I I I I Oath of Applicant I declare under penaltv of periury that this application and all attachments are true, correct, and complete to the best of mv knowledae. Aut rized Signatur � I Print Signature � Title `_ �ate ��'� �`',�` . \� �p=J.J—L� W�� Page 84 . . QR 8404-I(03/20/19) COtORADO 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 oUming 10%or more of the compan�; and any intended registered manager of Hotel and Restaurant,Tavern and Lodging and Entertainment c{ass of retail ficense 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 Cellular Number ,r.l��,�) ,��ra��r, �mn'�o c'��?� \ nC' IG�-�"�-��6-�� _ _ _ _ 2.Your Full Namz({ast,first,middle) � I3.l.ist any other names you have used 1<.F9\n� �c�'(�i G U� 4.Maififatj address(if different frorr'r residence) Email Address �' �� I�r�}c ��c..��g t�r1r C,��r^�t ov��,��-c��,C�� (al i C�c�� .Cs�,m 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 I From � To Current I I '� �1 A c� r �- f€�� ;��a t�k_ F � Scc,�, (�- 1 I t� n�n) Previous � � � � —y `� C C`T �'C"1 .� � -(- I I - �. i�llflt`t`\� � � I��,�-�Pg ��t,r�� 6. List all employment within the last five years. Include any seff-employment. (Attach separate sheet if necessary) Name of Employer or Business � Address (Street, Number, City, State, Zip) I Position Held I From I To ��Ui��-.��n � �-I�S}��r�c'Y�r��:�:,.\ 14.1 n I C`� �n1�2Q_�'I I �lQu�� F�-��. �� c �� .�- I I ' I I I 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative I Relationship to You I Position Held I Name of Licensee \ .� I � I � � �� M � � \ v I I I ` � I I I 8.Have you ever applied for, held,or had an interest in a Colorado Liquor or Beer License, or foaned money, furniture,fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) ❑Yes • No 9. Have you ever received a violation notice, suspension,or revocation for a liquor law violation, or have you �Yes �No applied for or been denied a liquor or beer license anywhere in the United States?(If yes, explain in detail.) Page 85 r2 8404-I(03/20/19) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited � bail for any offense in criminal or military court or do you have any charges pending?(If yes, explain in detail.) �Yes L'J No 11.Are you currently under probatfon(supervised or unsupervised), parole, or completing the requirements of a � deferred sentence? (if yes, explain in detail.) ❑Yes ttJ No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑Yes �No Persor�al and 1=inancial Information Unless otherwise provided by law,the personal information required in question#13 wi11 be treated as confidential.The personal information required in questfon#13 is solely for identification purqoses. 13a. Date of Birth �b.Sociai Security Number c.Place of Birth I �� X,;�� d.U.S.Citizen Q Yes ❑No e. If Naturalized,state where f.When I g. Name of District Court h.IVaturalization Certificate Number i.Date of Certification I j.If an Afien,Give Afien's Registration Card Numberl k.Permanent Residence Card Number I. Height m.Weight n.Hair Color o. Eye Color p.Gender q.Do ou have a current Driver's License/ID?If so,give number aind state. �„�- I j �/'') I �SnC I: 'QY�n,�ln � I Yes ❑No #. . �tate�r��c�Mi C�CI 14. Financial Information. a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. �a'�i 11`�n ?� b. List the total amount of the personai investment, made by the person listed on question#2, in this business including any noies,loans, cash,services or equipment, operating capital, stock purchases or fees paid. �� '`If corporate investment only please skip to and complete section (d). '`'`Section b shoutd reflect the total of sections c and e c. Provide details of the personal investmeni described in 14b.You must account for all of the sources of this investment. (Attach a separate sheet if needed} Type: Cash,Services or Equipment � Account Type � Bank Name � Amount I � I I I I I � I I I d. Provide details of the corporate investment described in 14(a). You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type�ash�Services or Equipment I Loans � Account Type I Bank Name � Amount �S L-�1/� I I�,�!`��^�1 ��Yl l� `�\��C`i� � �� I I � — — — � - � . I I I e. Loan lnformation (Attach copies of all notes or loans) Name of Lender f Address � Term � Security f Amount I I I I I I I ! I ! I I I I I Oath of Applicant I declare under penaltv of periury that this application and all attachments are true, correct, and com�lete to the best of mv knowledqe. Authorized 5ignature � Print Signature Title c �n Date �..r.��c1f Y�/� I �IJ�i1QUC 120�'►4� � ' �L ��(�C�� I��n"d D'�c.v . �,. �, - v Page 86 ATTACHMENT 4 � - -- �- - - TOV�N 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. Sincerely, ,�"/�� 9 � ,� /'� 6 ss/ Wes Kufeld Chief of Police, Estes Park Police Department r� �4,�.; ��:�`- ��; i 170 MACGREGOR AVE. P.O.BOX 1287 °� ESTES PARK,CO 80517 www.estes.org Police Department �`O'�"DO� 970-586-4000 Wes Kufeld, Chief of Police � www.estes.org/pd Page 87 �� ` �� ♦ O �` �� a �� Page 88 i T��N o� ESTES PARr 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 Obiective: 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. Advantaqes: 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 Disadvantaqes: 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 ATTACHMENT 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. u 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 . � Page 91 ❑ 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. 2 Page 92 ATTACHMENT 2 oR eaa co�roer�o> Colorado Liquor COLORADO DEPARZIENT OF RENENUE LiquorEMoresrt�entDivisbn Retail License Application (303)205-2300 ❑ Naw Lkease � New�oneurrent ❑ Transfer of Ownership ❑ State Properfy Only • All answers must be print�d in blaek ink or typewritten • Applicant must check the approprlate boz(es) • Applicant should obtain a copy of the Colorado i.iQuor and Beer Code:www.coloredo.pov/e�nrcement/liquor 1. Appik,ant Is appiying aa a/an ❑Individual ❑ Limited Liability Company ❑ Association or Other � CorporaGon ❑ Partner'ahip(indudea Limited Lfability and Husband and Wife Partnerships) 2. Appiicant Ii an LLC,nart►e of LLC;Yf psrtnership,at least 2 paRner's names;If corporation,name of corporatfon l FEIN Number Discovery Lodge, Inc � ' ta.Trede Name of Establishment(DBAy S�e Sa�es rAY Number Buslness Teiephone Discovery Lodge I � E (970)588-3335 3. Addresa of Premises(apecity exaU location of premises,indude suitdunit numbers) 800 Big Thompson Ave IC'dy County State ZIP Code Estes Par1c � Larimer � CO � 80517 4. Ma�ngAddress (Number and Street) City or Town State ZIP Code PO Box 40 Estes Park � CO � 80517-0040 5. Email Addreas Peter.walstra aQestesdiscovecylodge.cam 6. It the prert�isea pxrently has a Ilquor or beer lioense,you must anawer the(dloNnng questione Present Trade Name of EstablishmeM(DBA) I Present State License Number I Preserit Class of License �Present Expiration Date I Sactlon A Nonntundable Appticatlon FNs 9eetlon B(Cont) Liquor Lleansa Feas ❑Appncanon FeB t�r�w�r�nae............................................s�.sso.00 O u��ea au�score(c�+M.........._.........._..,....._......�....._.ss�zso O n��cscon Fee�n�ew uoe�,se w�co�ane�n r�e�+�ew............i�,sso.00 ��a9i+�a�-�(cur)................................. ........ssa�o.00 ........ ❑Application Fee for Trons/er...................................................i1.550.00 ❑lodgng 8 EnBertaimiarA-L&E(Casdy) ..........................................5500.00 S�etlon B Li4uor Lteonso F�s ❑Ma►�a9er RecJ�tra�m-H 8 R............_............._......................,............A5.00 ❑Add OpUo�d Prerf�lses to H 8 R........-5100.00 X Tofal ��►e8a Registr�on-Tw��...............................................................5'T5.00 ' ❑Menaper RcgtSOsOon-l ad8n9&E ��_ �:� . t................................375.00 ❑Add ReWed Fad�y tn Resat Campkxt15.00 X Tdat �µ��Reg�tr�bn-Cerrpua L,J��or Ca►�eR...............................575.00 ❑Add Sfdew�c ServiceNsa......._................_.........................................375.00 �OPNa�al Rert�e.+lic��(CkY)......................... .5300.U0 ............................... ❑Arb Ua�r�se(CUY)................................................................................5309.75 . . a o�uo►��u�cc�ar�...................................................ssoo.ao ❑a�s ua�,�(co�+�..........................................................................s�os.�s ❑aa��umree ccry).......................................................................ssoo.ao � Beer and WM�e Li��ee(CIM...._........................................................536125 ❑Raastradc lJeerrre (Card�.................................................................5500.00 O eeer ar,a vwr u�n�ce,a+xr)........................................................s�s.ss ❑r�ort eomc+iv�u�r�se�cry�.............................................................ssao.00 ❑ s2w a�,b uo�v��ac�....................................................................s�so.ao O a�ac ca,y�u�n�e�casry�.......................................................seoo.00 ❑e,��c;�(ca.cr>.................................................................s�so.00 ❑r��a Feoa�y-c��++v�ca�»..............................s�ea.00 o c�+w��c�...........................................................ssoo.00 O�+na�o Fa�r-c�uo�o►c«*a�cc«,rar�............__..........s,so.00 �Carrip�m Lf��ar Ca►Wbc(Ca/AY)................................................_..5500.00 ❑Rdafed Fac�Y-Cart�aa�l�r Cartqkz(Stale)........................,...:160.00 ❑Canp�m liqiwr Ctrrpb+�ISfa1e).........................................................5500.0� ❑Refail " Te�em U�n6e Gart�n9 (�..................................................5500.00 ❑GuD lior�e(+Cily)..._..........................................................................5308.75 ❑Re�il Garring Ta�r�n Ll�ree(Cari».............................. ...........3500.00 ..... ❑Gub Uaerme(Cou� .....»..._............................................................5308.75 p Rcrai uquo�sm�e u�e-aeaao��c�........_............................szn.so ❑ o�swe�y�uoa�e�c,�y�........................ .........................................s75o.ao O Re�U uvuor store►im�Aea�onal(ca.�cy)................................xitzsa ❑ a�uery�,e u�e(cancr)........._................................................s�so.00 ❑�ean ua,o�sewe�cayy......................................................................_s�.so ❑Hocsl end Re�e�rart t.lmnee(c�...................................................5500.00 ❑RefaY l'puor Stae(('.a�--..................... .........................................:5312.50 ❑Hooe�arW R�I,rrant l.t�nce(Ca+rtY) ................._.._..................._.5500.00 ❑Tavem Voense (CftY3............................ .. . ..................._._...._......J600.00 ❑HOErJ and Re�aurant Uoenee w/one opl G�errises(Gly).................i900•OD ❑Tavem Ueenae(Counh)............................_.--•-•......... ... .�00.00 .... ............... ❑►+o��,o��,a�n�x�e wone ax am+�(c«.r,,�............seoo.00 ❑wo,�r+�,�,c��e cac».................._..................................s�se.00 ❑LiOuor�l�e0�(�YI-.__.................................................5227.50 ❑Wb�a Res�rant LJ��e(Cau4y)........................... ..�7'JD.00 Questiona?Vtsit: www.colorado.gov/enfo�ementifiquorfor more Informat�on Do not write in thls s,Dace-For Department of Revenue use onl�r Liability tnformation Llcense Accoimt Number I LFability Date I Ucense Issued Through(Expiration Date) �TOtsl s � Page 93 DR 8404(01/08/20) Name Type ot uoense Acoount Number Discovery Lodge,Inc I Beer 8�wne � 7. !a tfie applicaM(indud�y any of the paMera H a partnerahip;members or menagers H a limited liadlity company;or offioers, Yea No atockholders or directas if a corporatfon)or marregws under ihc sgc of tweniy-one years? ❑ (]x 8. Hss the appliCaM(ncludfng any of the partners it a partnership;members or managers if a limited liebility Comparry;or otftoers, stockholdero or directors it a ccxporaUon)or menegers ever(�n Coloredo or arry other atate): e.Been danlod an alcohol beverage Gcensc? � � b.Had an alcohol beverape license suspended or revoked? (] �x �.Had irderest 1n another enitty lhat hed an alcohd beverape ticense auspended or revoked? [] �x if you answered yes to 8a,b or c,explain i�detait on a sepa�ate:heet. 8. Has e liquor licxnse apptication(same ffcense d�sy,that+Kaa located wi9�in 500 teet af the proposed premisea,bee�denied wilhin the � �x preceding two yeara?It'yes'.ezplain in deqil. 10. Are the premiaes to be licensed wifMn 500 tbet,of any public or private sctwd that meets compulsory education requirements af x Coloredo law,or the prindpal cempus of any ooNege,uuu+eraity or aem(nay! ❑ ❑ or Walver by beal ordinence? ❑ ❑ Otlier. 11. Is your Liquor Licer�sed Drugstore(LLDS) or Retait Liquar Store{RLS}wrifiin 1500 teet M anofher retail liquor Gcenee for off-premises N/A safea in a)uriadiction with a population of greater tl�an(>)10,0000?NOTE:The disiance shaN be determined by a radiva measurement thet beyine at the principal doawayr of the LLDS/RlS premiaes for wFNch the application is beinp made and e►Ms et the principal dow- ❑ ❑ wsy of the Llcenaed LLUS/RLS. 12. is your Uquor Ucenaed Drugatore(LLDS} or Retail Liquor Store(RLS)within 3000 feet of enother retail liquor licenae tu oif-premises N/A saks in a jurisdiction with a popu�ation ot�ess than(�}to,0000?HOTE:The diatarxe ahaY be detertnk�ed by e�edtus measuremeni U�at beyine at the prtncipel doaway of the LIDSiRLS prsmfses for which the appiicaibn ia being made and enda st the princ�pel ❑ ❑ dOorMiay of the IJOCnsed LLDSlRLS. �a a Far additionaf Retail Lfquor S1ore only.Waa your Retail Liquor Store Uce�se iasued on or before Jenuary i,zo�e� N/A p ❑ 13 b.Are you a Cw«edo resident9 p ❑ 14. Has a Ifquor or beer ticense ever been isaued to th�appAcant(inGuding any oi the partnera,ff a partr�ship;members or mar►eger if a Limited UabNiiy Campany;or oHlcers,stockholdera or directors ff a cwrporation)?If yes,ideMt(y the name oi the busfness and{ist any ❑ �x �financial interest in aaid buaineas indudkig any loana to a from a licensee. 15. Does ihe applicerd.�listed on Gne 2 ot tlws app6catbr�.Mw tagai poss�ssion aI eho promts�s by ownarahip,lease or other Ox ❑ arrangemenl? �oW�rar,� O �� o oa,�c�,�►oe+�,� a.H leaaed.list name oi lentllord and t�enant.snd date of e�ion,oxad y as they appear on ttie leaae: �e�'� DisCo Dog Land Company, U.0 IT�� Discovery Lodge, Inc � 12131/2021 b.{a a p�centage of alcohol sales included as compe�satton to the{andlord? IT yes,cAmplete questio�18. �_� c.Attsch a diagram that deaignates the area to be Uoer�sed in bladc boid outline(ndudinp dimer�sions)which ahaws the bara.brewery.watls, partitiona.entrances.exifs and wfiat each room shaM be utiflized for h this busir�ess.Thia dta�ram ahould be no larger than 81/2'X 11"- t 6. Who,besides tl�e owners Hsted In this app4cation(indudinp petsons,fuma,partne�ships.corporetiona,limited liebifity companles)w111 loar►orgive money: kiventory.fumit�e or equipment to or for use in this Dus(neas;or wtw wUl receive rtwney irom this bueiness9 Attsch a separate sheet N neoeasary. Last Name I Fust Name I Date of BiAh f FEIN or SSN I IMeresUPercentage � Last NBme (Fh'at Name I Date of Birth �FEIN or SSN �IrrteresUPercerrtage � Attach wpiq oi all noE�s and secuNty(nstrturwrqs and any wrltOwf apnanaet or dNails of arry oral praomertt,by whir,h any parson(Indudin8 paRnatships,corporetlons,IhniEed IIfW11ty compru�Ns,Me.)will shua tn tlw proRt or pros�prooMd�oi thls ostaWishm�nk and any aQn�rtwot nlating to tha bwtness which Is canUng�ru or condKlonal in arry way by volume,prolft,salaa.giving of advk�or consuKation. 17. Optional Premises or Ho1el and Restaursnt LiCenses wftli Opdonal Premises: N�A � � Has a tocei ardinence or resoluHon sulhoAzing opUonai premises been adopted? Number oi addftionai Opdonai Premfse areas requested.(See license fee chartj� 18. For Uie addition of a Sldewalk Senrks Area per RegWation�7-302(A)(4},irxlude a diayram of fhe aervice aree and documentation rec�tved i►om 1he local pov�eming body aulhorizinp use ot the�idewaik Oocurtientatlon may include but Is not ifmited to e atatemeM of use,pemtit,ea N�nt,or oUier IeQal permisslons. 19. Lkyuor Lkenaed Drugatore(L[DS7 appGcenffi,anawer ihe topowtng: a.�a mere a pr,am,a�y,uoeneea�y me caaado eoerd of Pnermacy,�ocatea wu�;n me a�p�csnrs u�s arem�ee� N/A ❑ p ��yu^s�epy et��eonao mu�t�att�twd. 3 Page 94 DR 6404(01106Q0) Name Type of License Account Number Discovery Lodge,lnc I Beer and Wine � 20. Ciub Liquor Lioense appticaMs answer the fdlowing: Atfach a eopY of appikable doeumsntaqon N/A a.t�a�e�p�t oiyar�a�ors operatsa sde�y ror a natiorre�.soaa�,t�tema�,aaa�asc.poruc�«�euc�urpose ar,a�oc ror pe�xx�ary flain7 p ❑ b.is tl�a appllcant aganization a rogulaAy chartered branch.lodge or chapter of a nationat organ(zatlon which is operated adey fa the object of a pahiotic or fratemal organizaGon or sodety.but n�for pecurtiary gain? ❑ ❑ e.Haw lon�has ihe dub peen tncorporsted? N/A d.Haa applicant occupied an estabtishmerrt tor Uree Years(tivee years requir+ec�tltiet wss opereted soiely tor the neaaone stated above9 ❑ ❑ 21. Brew-Pub.Otat{Itery Pub or vr�nera Restaurant applicarrts anawer the following: a.Hes tl�e appikarri r�ceived pr applied tor a Federal Pem►it�(Copy of permft or application must be attaG� N�A � � 2Z. Campus Liquor Compbx applfcents answer the fWtoNimg: a.Ia the spp�icsnt an a�stidiuon ot hfgher e�cetion? N/A Yea No ❑ ❑ b.�s she app�icaM a peracn wno ccnvads witti the institution oi nigt�er educaUon to provide tood servias9 � O N"yos"pl�aa�provida a capy of th+contract with the insUtutlon of highar sducadon to provida food ssrvlces. 23. For all on-premises app6canta. a.Hotel and Reataurarrt,l.odging and Entertaim�ent,Tavem License and Campus Liquor Complex,the Registered Manager must also submit an Individu8l History Retad -DR 8404-I end ffngerprint submitted to approved State Vendor throuph the Vendors websrte.See application cheddiat.SeGion N,for detaifs. b.For s0 Uquor Lfansed Drugatpres(LLpS)y�e pemiitted Manager rtwst afso aubmit an Manager Permit Appikxbon -DR 8000 end flnperprirrts. lsat Name of Manager �Frst Name of Manager �81Sx� Peter 24. Doea tltia menaper ad ea the manager ot,or have a finanCial interest in,any other liquor licensed establishment in trie State of Colorado3 N Yes.ProWdt name�NPe of Ncense and aarount number. ❑ � 2a. Related Facilily-Campua Liquar Complex appUcanta answer 1he following: N/A Yes No a.Is the related faaNty bcated wkhin fhe boundariea Of the Campue Liquor ComPlex? ❑ ❑ H Yes.please provide e map of the geo8raphica!location wfihin tha Campua Liquor Complex. If no.this Acenee type is not avaNeble tor lasuea outaide the geographicai location ot fhe Campus Liquo�Complez. b.Deaiynated Manager tor Related Facility-Cempus tJquor Complex Laat Name af Manager �First Name of Manager 26. Tax Infomtetlon. Yes No o.Haa ihe appticent.tnduding ita mansger.Partners,ofioer,diredors,atockholdero,members(LLCj,manaqing membero{LLC),or any ❑ � ott�er person wkb a 10%or greater fmancial iM�eat in the applfceM,been found in flnal o�der of a tax agency to be deCmquent in the Payment at any stnte or bcal taxes.perrattles,or intereat related to a business? b.Has fhe appflcant.ir�ciuding Ms manager,AaAr�s.oflfcer,dir+ec:tara.stocktwlders,members(LLC}.managing rtterf�bers(l1-C)�or anY ❑ � other petson w(!h a 10%or grester finandsl interest in the applfcent failed to pay any fees or eurcher�es impoted pursuaM to sedion 44-3-5ai,C.R.S.7 27. If applicant ia a corporstion,partnerohip,association or Iimfted Iiability company,appiiCam muat Iiat ali Offlun,Dlr�ecton,G�ns�ai Partnors, end MenaginQ M�mb�rs.In addition,appliCant must Ifst any stockho�pen,partnera,or membera wltt�ovm�rship oi 1CX or moro In!ho applleaM.Ail parsona ilst�d b�low muat also attach fonn DR 8404-((individual Htstory Record),and make an appdMmeM wlth an approved State Vendor through their webaite.SeE applicatio►�checklist.SecGon IV,tor details. NSme HOrtte Address.City&State �DOB Position 960Nmed Lestie Peng I 2898 S. Lakeridge Treil, eoulder,CO ,President f 50% Nam Name Address.Citv&State �DQB �Poai�on °�,nwn.Ki Eric Neeb I 2898 S. Lakeridge Traii, Boulder,CO' I Secretary I 50% Name (Home Address,Citv&State I{DOB f Po��ion I%Owned I f Neme I Home Addreaa,City 8 State `DOB I Posftion +%Owned � I ! ! Name I Home Address,Cfty&State I008 I Position I%Owned f I �K a�ncant is o�wr�ea�oox,eyr a para,c com�ern��Weese li8t the dealpneGed prindpel oftioer an ebov�e. "Corporstlons-th�Pr�esident,Vla�resideru,Secrete�Y and Treaawer must be a�ed tor above pndude o�peroente9e tf ePP�ebb) "H tola!ownership percerNege disclosed here does rsot totaf 10096,appUcsnt must�c thle box: �AppfiCaM afimna thet no individuel oU1er than Mese dieclosed herein w�vns 10�6 or more ot fhe appRcant and doea nat have finencisi intereat in a prohibiled fpuor lioense purauaM to Artide 3 or 5,C.R.S. 4 Page 95 ort e4a►�o�roerio� Name Type of License +Account Number � DiscoveroLodste, Inc I Beer and Wine I Oath Of Applicant I declare urWer pensi�r ot pe�y in ihe aecond deyree that Utis app6caUon and ail attachmerns are true,correa.arx�oompete to the�a my knowfedge.l aiso aaawMAedpe that ft Is my responstWltty and the responsibilily of my ageMs ar►d employeea to comply with the provisions oi the CoWrado l.iquor or e which atfec;t my Gcense. ��s-` ��7 A IPrinted Name and TiHe Eric Neeb, Secretary o$`e %t �e�.4�- (�/ Report and Approval of Locai Ucensing Authorify(City/County) Oate appiication fiied wfth locai autlwrity (Dale oi iocal aulhority hearfi9 tkx new Aa�nee appicarts:carrnt be Iess than 30 days from dale af app�iCa6on) The Lncal Lioe^efn8 A�t�or�Y fier'ebf�AfNrms that each person requied to file DR 8404a(Indnidisl FistOry Recorti)or a DR 8000(Manager Pemdt)has heen: D Fi��a ❑ Subjec!to badcground inv�estigation,inc;ludirg NCfGCCIC check for outst�dir�wartsnb That the lacel autlwrity hea conductetl.or IrrterWs to conduct,sn inapecHon of the proposed premisea to er�re tfiat the applicarK is in compliance with and eware of,fiquar oodt pravisiona aifeCtirg their dass of licenae (Chedc One) ❑ Date�inapecfion or entidp�ed date � ❑WtN oorWuct inapedion upon approvat a state licxr►etny authortt�r . ❑ ia the l�quo�Lioensed Dngstexe(LLDS) or Retell liquor Store(RLS)withln 9,500 feet ot ancthe�ietail pQuor Hcense for olf- Yes No premf�es aeles in a jurisdictlon wHh a populatlon of>t0.0000� p ❑ ❑ !s the t3quor Licenaed Druastore(LLDS) or Reteil Liquor Storo(RLSy witFdn 3,000 feet of another retail liquor ticense for o1F � � prenYsea aaks in a judadiction wHh a popWation of<10,0000T NOTE:The diatanoe ahall be detertrrined by a radius measurement that begins�ihe prin�al doorMrey ot thc LLDS/RLS premises tor whtdi the aPpbcation Is befrp mede and enda at the principal doonvay of the Llcensed ILDSlRLS. ❑ Does the Liquor-Licerqed Drugatore(LLDS)hav�e at least Mrenty peroent(20%)of tAe appiicanY's gross amuai income derived bom the sate M food.during fhe prior Mretve(12)month petiod7 ❑ ❑ The foregoing apptkatl�on has been examined;and the premises.buainesa to be conducted.snd d�aracter oi tAe applicent are satlafadory.We do rePoR that such!(oae�se�it�parrted.wIB meet tt�e reasonable requiremer�ts oi ttie neighborhood end the desir8a ot tltie aduR inhabitants,end wiA comply with tl�e praviaions ot Title�4,Artide 4 or 3,C.R.S.,and Liquu Rules.Th�rNoh,this appNcatton ts approwd. Local Licensing AuUwriry for Tefephonc Number ❑ Town.CilY I I ❑ Countv Signature �P�nt �Tdte I Date Signature I P�int �Title (Date 5 Page 96 DR 8485(07l23lti) Cp{,pRADO DEPAR'IUAEN7 OF REVENUE Liquor Enlbiosment DiMision Tax Check Authorization, Waiver, and Request to Release Information �, Eric Neeb am signing this Tax CheckAutho�ization,lMaiver and Request to Retease Information (hereinafter"Waiver'j on behaiF of Discovery Lodae. Inc (the 'Applicantticensee'} to permit the Colorado Department of Revenue and any ather state or loca!taxing authority to release infortnation and documentation that may otherwise be confidentiai,as provided below.lf I am sign�ng this Waiver for someone other than myself,including on behaif of a business entity, i certdy that{have the authority to execute this iMaiver on behatf of the APP{icanth.icesisee. The Executive Director of the Colorado Department o� Revenue is the State Licensing Author'�ty, and oversees the Colorado Liquor EnforcemeM Division as his or her agents,cisrks,and employees.The informat+on and documentation �tained pursuant to this Waiver may be used in con+nedion with the ApplicantJLicensee's liquor license application and ongoing licensure by the state and local licensing authorities.The Colorado Liquor Code, sedion 44-3-?01.et seq. ("Liquor Code'), and the Coiorado Liquor Rulea, 1 CCR 203-2 ("Liquor Rules'}, require compliance with certain tax obiigations,and set forth the investigative,discipiinary and licensure actions the state and foca!ficensing authorities may take far viotations of the Liquor Code and Liquor Rules,inc�ud'+ng failure to meet tax reporting and payment obligatians. The Waiver is made pursuant to section 38-21-113(4), C.R.S., and any other law, regu{atian, resotution or ordinance conceming the confidentiai'rty of tax information,or any document, report or r�um 5led in connection with state or local taxes.This�Maiver shall be valid uritil the expiration or revocation of a license,or unti!both the state and locsf licensing authorities take final ackion to approve or deny any application(s) for the renewaf of the 1'icense, whichever is later. Applicant/Licensee agr+ees to execute a new waiver for each subsequent 1'scensing period in conneotian with the cenewa4 of any license, if requesteci. By signing below,ApplicantlL'icensee requests that the Cobrado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information,retease infonnation and documentation to the Colorado Liquor Enforcement I]ivision, and is duly suthorized employees,to ad as the Applicant'slLicens�e's duly authorized repra�entatiwe uncier aection 39-21-113(4),C.R.S.,solely to atlow the state and local lioensing authotities,and their duty authocized employees,to invest4gate compliance with the Liquor Code and Uquor Rules.Applica�t/Licensee authorizea the state and local ticenaing authorities,their duly authorized empbyees, and their tegal�epresentatives,to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name pndtviduallBuslnesal ISocial5ecurity Nunbe�fTax Identlfica6on Number piscovery Lodge. Inc . ad°`� 800 Big Thompson Ave C� �State z+P Estes Park ; CO � 80517 Home Phone Number �BuSinesSlVlibrk Phone Nutnber 303-444-3742 978-586-3336 Prmted nerne of Pe�son signuig on behatF of the AppiicanULlaansee Eric Neeb qp��nature duthoriziny the disdoaure of coMidenbal cax iniarmabon> ��,�s ,� �., � - i rVV�� PfiY�ni(A�i$�tttmtnt Providing your Sociat Security Number is volurdary and no cight,benefd or privilege provided by iaw will be denied as a ��14��,s�!!e dis�la�it.�7 of Priu�cy A�,5 USGS g 55�a(n�oj� Page 97 t?��g�. �T{�Q�,�,�sor�. �v� �,. 3 �I ---� � � � �, , � ; � ;� � � . / ! �--�-'� 30� 30�-� � ' (Deck is Fenced) 30� „ ��aM Z+, � 3�� 3 rt 3�O 306 ' � ��. - ��Z �3 ��. 3a5 DiscoverY,,Lodg 2;, Outdoor Deck ��T z� 30, � � ! / i/ / 800 Big Thompson Ave 6 / � � � � 1 GO 80517 �,____ �� ''`,� (Signs�Il fiark pat wa ) Estes Pa�� a� ,� � � , + �� ,e� €g`3*' • '��' � . 4�y � . ' 3� �. -- '�j_ b'� � �j p` :� ,� a�„ .��j� wi+lf- ..f,,,,�.,.� � , . �,�•-- � � . � � , � . ��-� �. obb � �� ,�,.�..� � sh�" � • . �.. Y z- , a � . �i� 5�i" ` _ ` , � ' S"'.�..-o°I �OJ�,�, 2.y Su+� � � �"`� ' '_��''�- �g� � � � � 5"...,...�-�.-------"` � gr Q�:� � �� '.°Pk�t . , `�Oa 5�,____-°3--'_ ` 2� ' 4". '• � y, :� r = ,�,3 �.v 1 _ 5a� `'�z , ' �' . ,.....�.--� �' . � _ ! t � 3" �i"�...i + �Q� � �� `" , �` ,..-�. r � 1� ` \ 1�� 10�0�' � — i , �,� y � / 1...�-�---—-------�� , � o ,..__-t�l �� ,. . . , . .. � �, o �, �� . a° k�b a� o R� � � `� Q . �� `�� p �� k�� k rQ �4v � v9 �� — � � ATTACHMENT 3 DR 8104-1(oJ/2N19) COLOAADO DEPARfMEIIT OF REVENUE Liquor Enfcx�msnt Divisfon (303)205-2�00 Individual History Record To be completed by the foliowing persona,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partners awning i 0°�6 or more of fhe partnership;aR principal officers ot a carporation,all diredors of a corporation,and any stodchdder oi a caporation owning 10%or more of fhe outstanding stocic;manafling members or o�iCers of a 5mited liabllity cornpany, and members ownin810°�or more of the company;and any intended registered manager of Hotel and Restaurant,Tavem and Lodging and Entertainment Gass ot retail license Nodce:This individual history record requires intormation that is necessary tor the lioensing investigation or inquiry.All questions must be answered in thelr entirety or the lioense appliption may be delayed or cienied.If a question is not applicable,please indicate so by'N/A'.Any dellberate misrepreserrtation or mateNal omisslon may jeopsrdize the license appliwtion_(Pleaae attach a separate sheet iF necessary to enable you to answer questions oompletely) 1.Name of Business Home Phone Number i..ellular Number Discovery Lodge �303�4�4-3742 I 2.Your Futl Name paat,flrst,middk) �3.List any other names you have used Neeb,Eric,Anderson 4.Mei�ng address(if difFerent irom resldence) �Email Addresa eric(�coyotemountainlodge.com 5.Liat curreM residence address.Indude any previous addresses within the last frve years.(Attach separate sheet if necessaryy Street and Numbsr � City,Sbte,7ip � From � To CuRent 2898 S Lakeridge Trail �Boulder,CO 80302 l 01/0�/2015�present Previaus � � � 6.List all employment within the(ast flve years.Irtclude any setf�mploymerrt.(Attach separate sheet if necassary) � Name of Employer or Busfr�ss � Address(Street,Number,City,State,Zlp) � Position Held � From E To Discovery Lodge Inc �2898 S Lakeridge Trail �Secretary �o,ro,ao,s:present � � � � � j � � 7.List the name(s)of reletives worlcing in or holding a financial irrterest in the Cdorado akohol beverage industry. Nama of Relative ] Ralatlonship to You � Positlon HNd � Name of Licensee none � � � � � � ! � � � � � 8.Have you ever applied tor,held,or had an interest in a Colorado Liquw or Beer License,or loaned money, �Yes �No tumiture,flxtu�ea,equipment or inventory to any licensee?(tf yes,answer in detait.l 9.Have you evar received a vidatlon noace,suspension,or revocation for a Ipuor law violation,or ha�e you �Yes �No aoplied tor o�been denied a liquor or beer kcense anywhere in the United States?(If ves,exulain in detail.l Page 99 DR 8404-I(0312Q/19) 10.Have you ever been convicted of a aime or received a suspended sentence,deterred sentence,or forfeited �Y� �No bail for any offense in aiminal or mii'itary c�uR or do you have any charges pending?(lf yes,expiain in detail.) 11.Are you cuReMty under probetion(aupervised or unsuperviaed),parole,or compieang the requirements of a deferred serrtence? (!f yes,explain in detail.) ❑Yes �Mo 12.Have you ever had any professional license suspen�ed,revoked,or denied?(lt yes,expiaa�in detaii.) ❑Yes �No Personal and Financiai information Unleas otherwise provided by(aw,the personal infotmatJon tequired in question#13 w�f be treated as co�ideMtai.The personal infom'►adon reauired in quesGon#13 is sole{v far iden't►ficallon ourvases. 138.Dete of Hitth b.Sne■i c.��n+a�u++f+qr C,PIeCe Of Birth I I BurbBnk,CA i d.U.S.Citlzen �Y�s ❑No e.if Naturafaed,state where �f.When �g.t�ame of District Court h.Naturalization Gertifiafe Number �i.Date of Cer6fication I j,tf an Afen,Give Aien's Reqistrstion Card Nunber�k.Permanent Residence Catd Number I.Heiyht m.VVeigM n Hair Cdor o.Eye Color p.Gender q.Do you have a a��^"'=—'-'�^�tD71i so,give nwr�ber and atate. 5'8" (1 BO �8loride I Gr+een ,M ��Yes ❑No � - - -- Sbte CO 14,Financia{Information. a.Tota1 purchase pric:e or investrnent beinfl made by the applying errtity,corparado�,partnership,limited iiabdity oompany,other. a s,�,s.2s b.List the total amount of the personal investrnent,made by the person 6sted on question�12,in this business inciudiny any noCes,toans,cssh,services or equipment,operating capital,stock pu�chases a fees paid.3 0.00 •H corporate invesbnant oniy pleasa s1c7p to and compbt�sectfon(d) "Sactlon b shou{d roflect ths total of sactlons c and a c.Provide details of the personai invesbnent described in 14b.You must account/or ali of the sources of this inveahnent (Attach a separate sheet if neededj 7ype:Cash,S�rvk�s o�Equtpment � ' Accourrt 7jrps � Bsnk Nama � Amount n/a I I ' � � � � I � � � � d.Provide details of the oorporate investrnent described in 14(a).You must account for all of the sources of this investrnenk(Attach a separate sheet iE needed) Typv:Cash,S�rvices or Equipment � Loans � Account Type � Bank Nune � Amou�t Cash + NIA � Checking � US Bank � $3,113.25 � � 1 I � , � � e.Loan Information(AttaCh copies of all notea or loans) Nama of LendK � Addross � Term � Security ( Amount n/a I � � I � 1 � i 1 � i � � I � I Oat� of Appl"ecant I declare un t of riury that�his aeolication and all attachments are true,comaet.and como�ete to�e bes4 0�mv lcnow�c�e. Print Signature Titie te � � e �Eric Neeb �S�r�t�N � � Page100 oR e�a-i�o�r2a�a� COLCRApO DEPARiMENt GF REVENUE lquw Enforc.em�rrt Divitian (3Q3)205-2300 Individua! History Record To be completed by the foilowing pe►sons,as applicable:sole proprietors;Qeneral partners regardiess of percentape ownerohip,end Gmited partners owning!0°�G or mo�e of the paMership;aN principal offi�:ers of a corporation,all diredors of a corporation,and any stockholder of a carporation awninp 10%or more at the outstanding stock;mana�ing members or oRicers of a imited tiabifity company, and members owninQ 1Q9G or more ot fhe company;and any intended reyisiered martager of liotel and Restaurant,Tavem and Lodgin9 and Entertainment Gass af reta�ficense Notics:This i�dividua)history record requires infortnation ihat is necessary tor�e licensing investipation or inquiry,All questions must be answered�their entirety or tl�e licersse application may be delayed or denied.tf e question is not applicabie,please indicate so tsy'NtA'.Arry d�tibfrab misroprasentation or material ombsion may�opardiz�tho tic�ns�appltcatioa.{Qlease attach a separate sheet if necessary to enabte you to answer questions comptsteiy) 1.Name of Bush�sa Home Phone Number CeButar Number Discavery Lodge I 303-444-3742 I 2.Your FutE Name past,first,middk) i 3.List arry other names you have used Peng, Leslie a.Mailirtg address(d dffferertt trom residence) Email Address I LesliePeng09�gmail.com 5.vst wrrent residence addresa.Include any previous addresses within the tast five years.jAttach separate aheet if necessary) Strert and Numbo� � City,Sta�s,Zip � From � To Current 2898 S Lakeridge Trail �Boutder,CO 8t3302 I Otl01/2015I present Previoua + I I { B.List all employment within the la�t tivo years.tnclude any self-emplaymenC(Attach separe#e sheet it necessary} Nams ot Empfoy��or Business � Addross(Strest,Numbor,City,Stata,Zlpj � Positlon Hald � From � To not employed/hamemaker � I � ( � � � ( � � i i 7.List the narne(a)of relatives wodcirsg in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relstive � Rafationshlp to You � Po�itlon HeW � Name of licensee none � � I � � � I f I I I I 8.Hav�e you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, fumiture,fixtures,equipment or inventory to any ticensse?(If yes,answer in detai{.) ❑Yes (�1 No 9.Have you ever received a vidatio�notice,suspension,or revocation for a liquor law vidation,or have you [�Yos [�No applied ior or been denied a liquor or beer license anywhere in the Unibed S#ates?(1f yes,explain in detail.) Page101 �R a�a-i�oarza�9� 10.Have you ever been convided of a aime or received a suspended sentenoe,deferred sentence,or forfieited ba�for any otfense in aiminai or military court or do you have any charges pending?{If yea,explain in detaiL) a Yes (�No ti.Are you curreMty under probation(supervised or unsupervised),parole,or completing the requirements of a �Ye6 �No def�erred serrtence? {if yes,expfain in cletaiL) l2.Have you ever had any professional license suspended,revoked,or denied?(1f yes,explain in detall.) ❑Yes �No Personal and Financial Information Un{ess otherwise provided by law,the persona!infortnation required In quesHon#13 wiii be treated as cor�fidential.The personal information required in Question#13 is sofehr for identification purposes. 13a Date o(Alrih h G��++�N,��¢r C.P13CE O}'BiRh f I Hollywood,CA I d.U.S.Citizen �Yas ❑No e.If Naturalized,state where I f.When I g.Name ot District Court � h.Naturalization Certificate Number I i.Date of Certification{j.N�A6en,Give A&en's Reg�station Card Nurt�berl k.Permanent Residence Card Number � 1.Height m Weight n,Helr CGor o.Eye Color p.Gender q.Do you have a current Driver's LioensM091f so,giva number and stats. 5'S" 130 f black �brown I F ��Yes ❑No * _S�ace CO 14.Finanaal tnfarmation. a.Total purchase price or investrneM being made by the applying entity,corporation,partnership,IimRed liabi{'ity company,other. y 3,113.25 b.List the tota!amount of the personal investment,made by the person listed on quesGon#2,in th)s business induding any notes,loans,cash.servioes or equipment,ope►ating capital.stock pur�chases or fees paid.3 d.OQ "N corporate t�vestment only plaase sfcip to ar�d complete sectbn(d) "Secfion b ahauld roflect bhe Mtal of sections c and e c. Provide detsils of the personal investment described in 14b.You must account far sU of the souroes of this irnrestrnent. {Attach a separate sheet if needed) rype:casn,9ervle�s or Equipment ( Account Typ� � Bank Name 1 Amount n/a I I ` � I � I I I � � � d.Provide details of the corporate i�veatment described in 14(a).You m ust account for all of the sour�es of Mis investmeni.(Attach a separate sheet if needed) rype:Cash,Ssnrices or Equipm�nt { Loans � Account Typo � Bank Nam� � Amount Cash � N/A � CheCking � US Bank � $3,113.25 � � � � � i � � e.Loan information{Attach copies of all notes or loans} Name ot Landar � Address � Tertn � Sawrity � Amount n/a I I I f I I � � � � � I I � � � Oath of Applicant �dedare n ot �yp�,�thia aoo�ication and a!1 attachmen�s are bue.correcf.e�b6MbIA��fd�8 b��t Of(tiV k(IOW�E. ed i� ` Print Signature Title D te � , I L�G�P��g �PraSidant � ' �► � Page102 ATTACHMENT 4 � �� TOV�/N oF ESTES P June 30, 2020 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Discovery Lodge Neeb, Eric Neeb, Leslie Peng, Leslie 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. 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. Sinc el , ��/,�- Wes Kufeld Chief of Police, Estes Park Police Department ��"""��- ,,,• ,. �„1„�� 4.i ��`9. . . 170 MACGREGOR AVE. P.O.BOX 1287 '��r� ESTES PARK,CO 80517 www.estes.org � � Police Department �`�'�� 970-586-4000 Wes Kufeld, Chief of Police ' ':.�i7'. www.estes.org/pd ,_-� . Page103 �� ` �� ♦ O �` �� a �� Page104 i T��N o� ESTES PARr 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 Obiective: 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. Advantaaes: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Page105 Disadvantaqes: 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 Page106 ATTACHMENT 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. u 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 . � Page107 ❑ 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. 2 Page108 ATTACHMENT 2 °R��,`°„°°n°, Colorado Liquor COLORADO DEPARIIMENT OF REVENUE Liquor Errtorosment Divisbn ��=��-2� Retail License Application ❑ New Ucense � New-Concument ❑ Tnnster of Ownership ❑ 3tate PropeRy Only • All answers must be printed In black ink or typewritten • Applioant must chack tha appropriate box(es) • Appliwnt should obtatn a copy of the Colondo Uquor and Beer Code:www.coforado.go�/enfo�ement/liqua 1. Applicent is applying as a/an ❑Individua! Q Limitsd Liability Compaoy ❑ Associadon or Other ❑Corporation ❑ partnership(indudes Limrted Liability and Husband and Wile Partnerships) 2• Applicarn tf an LLC,name of LIC;If pertnership,at least 2 partners names;lf corporation,name of co►poration I FEIN Number Covote Mountain Lodge, LLC i • 2a TrAde Neme ot Eateblishrf�ent(DBA) ,S��IG S9IBR TAY NlIMbPf Business TE�ephone Coyote Mountain L�ge , � (970)586�376 3. Addresa of Pr�nisea(speciiy exad locallon of ptemises,indude sufle/unit number8) 1340 Big Thompson Ave ��tY County State ZIP Code Estes Park f Larimer � CO f 80517 4. Mailin Address (Number and Street) C' or Town State ZIP Code 9 PO Box 40 ` � Estes Park � CO � 80517-0040 S. Email Address eric@coyotemountainlodge.00m 8. If the premises urrentry hss a liquor or beer lioense,you must answer Ihe fWlowing questions Present Trade Name of Establlshment(DBA) I Present State Uoense Nurnber I Present Class of License �Present Expiration Date S�edon A Nonrefundable Applicadon Fees Saction B(cont) Llquor Llunse Faas ❑AppUcatlon Fee for New tloense............................................51,550.00 ❑ Uquor-�icensce DngRae(Court»...............__........_....................i372.50 O Nppit�1c11 Fee for New ll�Lte wlConarferY Revi�v...........,S 1,850.00 ❑ LOOgkig 3 Elfe�o*rCe-L8E(C'R».................... ...5500.00 .......................... ❑Applicatfan Fee for Transfer......................... ..51,550.00 ❑ L b 6fet�evraR-L8E ..3500.00 ........................ ad9i�9 (Ca+d».......................................,. 3eetlon B Ll4uor Uee�se Feas ❑Manager Regstratlon-H 3 R..._...........................................................�'15.00 ❑Add OD'tlaal PranL�es W H 6 R.........5700.00 X Td� ❑Menager Repl��an-Tavem..........._..................................................S75A0 ❑Add Rsbled Far�ly b Reaart ComD►'�ci75.00 X Tatal� ❑��- ��9��................................375.00 ❑ Mana9a Repia7�o^- Camp�a IJa�Cortiplex...............................375.00 ❑l4dd Sidewatlt ServiOeNea...................................................................S75_00 ❑ Prenises Uoerme �� (�Y1........................................................5500.00 ❑Nfs Li�nse(Gly)..............................................................._...............i308.75 ❑ Prertisea Uoense � �CoutY1..................................................:t500.00 ❑�rs uoer��c«,�y>............_............................................................a�oe.�s p ��ix�e�c�r�_............................................................._......ssoo.00 ❑x eeer and vw�e ltaerue(CiN).............................. ... .... .........................5351.25 ❑Raaetrack ll�me C ❑eeer ana Vwie t�oenae ( w+Aq............_...................................................SSoo.oO (CaiA»........................................................5438.25 ❑Re9oR CGr►plex Lianve(�.............................................................5600.00 ❑ Biew Ptb liaenne(CRyr) ..............................................................._... 5750.00 ❑ Reea'tCar�le:U�xrree(Ccu+ly).......................................................S60d.00 ❑e+ew Pue u�nse(�)..............................................................._s�so.00 ❑ �tea Fao�y-carr�,�uvuor c�(�-.............................s�ao.00 ❑carra8��(�...........................................................�� ❑Related FadY�Y-CamP+s lJquo�Corrp�c(Ca+t»........................5180.00 ❑��a►�(Ca+M.....................................................S50o.00 � Related FaaillY-��s ll9�a Cort�(5�e)............................5160.00 ❑Certpm UWc►CortPlac(STa6�).........................................................SS00•00 ❑ Rete�1 Ganvg Tarem lirerae(C�............_......................__..............i50�.00 ❑ CNIG lioenee(CitY)...............................................................................i308.75 ❑ Reteil C�me�B TevrlTt LYs�e ❑Club lion�ee(Cov� ................................... (CouRY)..............................................560�-00 .....................................S30B.75 ❑Re�il l.iquor Sfae liQr�AddYion91(CxY)......................................�2Z�-50 ❑Distvery RD Uae�ee(Cpy).................................................................5750.00 ❑ Retad lJquor Store liara�Additlonal(Cout�................................5312.50 ❑DisYYery Pub li�nBe(CO�+fy)...........................................................E750.00 �Retail Uquot Stae(G1A�.................._............... ..... S?Z7.50 .............. .................. O r�a�ana�,+��r►►��e�........................................�.........ssoo.00 ❑R�i ua,�s��c«,x�..................._............................................xi�2so ❑ Hdd and FOe�tau�ant ltmrae(Ca+N) ............................................�•� ❑Taysm tJCence(CItY).................................... ... ._. 560�.00 ❑HOfel end Rr�rant U�se vrlbn0 ....... ..... ................... opt Ora►ia�(C�.................SB00•00 ❑Tavem l.i�ense(Courriy)..........._...................,.. SS00.00 ❑Holel arW Reste�rant U�nee wlbne ................................. opt Preni�'a(Ca+�Y1............:90G.00 �VirO�s��ent IJ��B(Clty)...................._......................._.......i'750.Q0 ❑l.i4uor�k�ed�tore(Cil�..._........_........................_._...........i227.50 ❑Vinb'iers Ra�88nt l.i�nse (Cauily}.................................................:750.00 Queationsl Yiait: www.co/orado.gov/enforcement/liquorfor more informatlon Do not write ln this space-For DeaaKment of Revenue use onlv Liability Infortnation Llcense Axaunt Number I Lfabilily Date I Llcenae Issued TMough(E�iratlon Date) �Total 3 1 Page109 DR 8404(01/08f20) Name Type of LiCense ACcount Number Coyote Mountain Lodge, LLC I Beer&wne I 7. is the appilcaM(induding eny of fhe paAners if a partneahip;members or managers H a limited Ilabilily company;or otlicers, Yes Pb stodcholders or dkedora ff a corporatlon)or ma�ayers under the age of iw�ty-0ne years9 ❑ �x 8. Has the appficant(includinp arry of the partneis if a paMership;membera or menapera'rf a limited ilabifiry comparry;or otficers, stocicholders or diredora if a corporation)or manapers ever�in Colorado or arry other state): a.Been denied en aloohol beverage Ucense9 ❑ � b.Had an akahol beverage Ilaense sisperided or revoked? � � c.Had intereat in anofher entlty that hed an alcohd beverage qcense suspended or rovoked? � Qx If you answered yes to 8a,b or c,expiain in detail on a aeparate sheet. 9. Has a liquor 6cense epp�caUon(same IiCanse Gass},fhat was loceted wifhin 500 teet of the proposed premlaes.been denied wilhin tfie ❑ � pr�eding two years?if y�+',exPlein in detaG. 10. Are the promisea lo be Hcensed wwlthin 500 feet,of any publlc or private achod that meets compulsory educaUon requremerris of � � Colorsdo law,or fhe prin�ipal campus of arry ooNege,universky or seminary� or Wahrer by local ondinance? ❑ ❑ Other. 11. Is your Llquor Uceroed Drupstore(LLDS) or Retail Liquor Stare(RLS)within 1500 fett of another retail I'quor Ficense for aB�renlises sales in a jurSadictlon with a populatbn oi greater fhan(>y 10,00007 NOTE:The distance shail be detertninetl by a radius rneasurement that begins at the principa!doaway of the LLDS/RLS prcmises for which the applicstion is being made and ends at the prinapal door- ❑ ❑ �y o�a,e uo�ed�osr�.s. N/A 12. !s your Liquor LiCensed Druqstore(IIDS) or Retail Uquor Storo(RLS)within 3000 feet of another retail liquer license far off�remises aaks In a jurisdfcdon wilh a populatlon of less then(<}10,0000?NaIE;The diatance ahell be detertnined by a radius measuremettt thet begins et the prinGpal doorway of the LLDS/RLS premises for whfch 7�e appficaHon is being made and cnds at the prindpel ❑ ❑ dooeway of the Uoensed LLDSlRLS. N/A 13 a.For ad�tionaf Retell lJquor Sfore ony.Wes your Retad L'puor Store Ucense tssued on or befofe January 1,2016? N/A ❑ ❑ 13 b.Are you a Colorado resident? � � 14. Has a Bquor or beer license ever been issued to the appGcent(induding any of the pertners,'rf a pertr►ership;members or maneper if a Limited Liabilily Company;or oAkers,stockholders or directora if a corporatlon)?K yes,identHy ttie rmme of ihe bustneas and itst arry ❑ ❑x �tinanaal l�erest In said business induding arry bans to ar fi'om a licereee. 16. Doea the applicarK,as listed on line 2 of this epplic8lion.hays{opal poasesslon of fhs premlaas by owrw�shlp.lease or oiAer � ❑ artargert�eM? ❑Ownerahip �L�e ❑Other(Expan in Detai) s.H kased,list�me M landlord and bnant,and date of expi�tlon,ozaety aa they appear on the lease: �andiora wley,LLC (Te�� Coyote Mountain Lodge, LLC ,1Z/31/2021 b.ls a perce�tape of a�ohol saies induded as compensation to the landlord? If yea,complete quesNon 18. �� c.Attach a dfegram thet designatea the are�to bC licenaed tn blsdc boid outline pnGuding dimerisio�sj which shows the bars,brewery,walls. pardtlons,entrances,exits and what each room ahaM be Wtlzed fpr in this buainess.This diagrem ahould be no Iarger than 812'X 11'. 16. Who,besides the owners listed'm this eppNcatbn(indu�ng persona,firms,Partnerships.corporations,timited liabliity companies)w1111oan ofgive money. irnenlory.fumiture or eqWpment to or for use in this business:or who will recxive money from thfs busi�esa?Attech a separate sheet if necessary. Laat Name I Firat Name I Date of Birth f FEIN w SSN �IrrteresUPerceMage � Laat Name �First Name I Date oF Birth I FElN or 5SN �Ir�tereaVPeroentage Atfach eopWs of all fwas and saeurky tnstrumerMt and eny vvrptan apnarwM or dotails of anyr oral apee�nM�rt,by which am/parson(ineludMg parbnerships,corporat{ons,Ifmltad 1{sbiliry compani�s,otc.)will sharo in tha prollt or pross proceads of thb astaWishrtwnt,and any agreonwnt rolating to tho busiraa whkh b wntinpont or cond�lo�l in anr w+Y bY�oiume�Profl�.*�I�S,9hrinp of adviu or consukaUon. i7. Optional Premisea or Hotel and Resfeurant lJoenaes wilh Optional Premises: N/A ❑ ❑ Has a bcai ordinance or reeolutlon autharizirg optfonnl(xemisea been adoptod? Number of edditional Optianal Premiae areas requested.(See Ucense fee char�� 18. For the addition of a Sidewalk Serviae Area per Regulatlon 4T-302(A)(4),indude a diapram of the service area and doaimantaHon reoeived irom the iocai governinp body aulhori�ing use of Ihe sidewaik.Dowmentation mey inGude bul is not Ummitted to a atatemerri of uae,permit,e�ement,or other�epal peRnlssions. N/A 19. Liquor Lloensed Orugatore(LLDS)appliCenEs,anawer tfie following: a.la thete a Phartnacy.poensed by the Cobrado Board of Pharmary,loCated within tl1e aPD�wern's LLDS premise? �A ❑ ❑ �17►��. 3 Page 110 DR 8404(01/08l20) Name Type of License Account Number � Coyote Mountain Lod�e,LLC I Beer and Wine � 20. Club Liquor Lioense applicaMs answer the idlowing: Attach e copy of epplicablo doeumontatlon N/A a.la the app�ant orpaNzatlon opera0ed adey for a naUonal.sodal.fralemal,Petridk.Pditical or athleffc purpose antl not for P�&Y 9�►� ❑ ❑ b.ls ftse appiicani orgarrzation a regularfy charbered branch,lodge or c�apier of a national organizadon which la operated ao for the obJed of a patrbdc or hatemal org�►izeUon or sodety,but not far pecuniary gain? � � � c.How bnp has the duH been incorporaEed? N/A d.Hes appucarx oocupiea an eatanesnmern tor ttvee yeara(mree years r«�ired�u�at,+vas oPerama sady tor n,e reasono stated ebo�re� p [� 21. BreowPub,DisGtlery Pub or VfMnets RestauraM appNcants answer the following: a.Has the applicarn received or appGed for a Federal Pertnit?(Copy oi permit or appliceUon must be attache� N�A � � 22. Campua Liquor Comptex applicanta enawer the foibwing: �.Is tt►e applicant an inslitution of hi�her educaUon? Yes No N/A � � b.b the applicaM a person who oontracts wilh the inetlWtlon of higher educaiion lo provide food aervicea7 � � N"Y�"P��P��a Copy of tha cootract with th�inititudoo of hiphvr�ducatbn to provida tood servicas. 2.1. For all on-premiass appl�ants. a.Hotel and Restaurard,I.,pdging and EnteRainment,Tavem l.icenee and Campus Liquor Complex,lhe Registered Maneger rtwst also submit an Individual History Record -OR 8404-I and flngerprint aubmitted to approved Siate Vendor thrvugh the VendoPs websits,See appiication checkiist,Secrion IV,tbr d�ails. b.For aY Liquor Licenaed Dn�gstorea(LLDS)the PertNtted Managa mus!aiso submit an Manager Permit Appiication -DR 8000 and Ar�erprints. Last Name of Manager Neeb I First Name ot Manager EnC 24. Does this manag�act aa the manager ot,or heve a fu�ancial interest in,arry other Nquor lioensed establishment in the State of � � Colorado?H yes,provide neme,iype oi acense and axount nurnber. 25. RelaEed FacBity-Campus Liquor Complex applicants answer the foiiowfng: Yes No a.Is tAe related tacility located wrtMn the boundaries ot the Cempus tJqwr Campiex? ry/q p p Hyes,please provide a mep of the geographical locetion within fhe Campus L'puor Compkx. {f no.this license type ia not availade for isaues outside the geographica�IoceCpn of ine Campus Liquor Complex. b.Deaignatied Man�ger tar Related Faaliry-Campus Liquor Compiez Last Ner►x of Manager I First Name of Manager 26. Tax Ir�formedon. Yes No s.Has the appliCanl,(nckiding its manager,partners,ot�er,dKet:tora,stockholders,membera(LLC),managtng membera(LLC),or any � �x other person wNh a 1096 or greater Una�ciai iniereat in the appRcant,been tound in 4nel order oF a tax agenc.y to be delinqu�nt in the payrt�ni of any siale or locel taxes,penakies,or intereat related to a buafneasT b.Has the applicent,indudin�ib maneger,partners,otAcer,dirs�tors,sta*hotdera,members(LLC),managing membera(LLC),or any ❑ �x other person with a 10%o�grester finanGal Intereat&�fhe applicar►t failed to pay any feea or surcherges imposed purauaM to aedion 44-3-503,C.R.S.7 27. if appliCant is a eorporation,paRnerahlp,asaoClatfon or Bmtted tiab(lity compeny,epptfcar�t must liat e�Otfic�es,Dirsetors,GoMnl Partnars, and Ma�e�inq Mam6ers.In eddftfon,appl(cant musi lfat any atoCkholdera,partnera,or members wlth own�rship of 10X or mor�In tha appllcs�M.All penons lbtad below muat also attech form OR 8404-I(individuat Hiatory RecortQ,and make an appointmeM with an epproved State Vendor throuyh tF�eir webBite.See appiicatton checklist,Sectlon IV,tor detaifs. Name Home Add�ess,Ciry 8 State �D09 Position %OHmed Eric Neeb I 2898 S.Lakeridge Trail, Bould CO I Manager I 50°� Name Home Address,City 8 State DOB �Poaitlon %Om►ed Leslie Neeb I 2898 S.Lakeridge Trail, Boutder,CO I Manager � 5o°io Narr I Home Address,Citv&State I nna I Position I%Owned � Neme I Home Addreas,City&State I DOB I Position I 960wneQ Neme I Home AOdress,City 8 State �DOB I Position �960wned I "!f appNCant is owncd t 0096 by a patent Compsny.please Nsi the designabed PHncipal oficer on ebove. •,Carporatlor�-ihe Prealdent.Yxe-President,Seaetary and Tteastxer muat be aoeoun0ed tor above(Inck,d�owr��shiP PeroerMage If aPplicabie) "IF totel ownership percerrtaye disdosed hene does not tacal 100%.applic�nt must d�eck this box: �Applicar►t ai8rtns fhat no individual ottier than these disdased herein owns 1096 or more of the applicarrt and does not have Anendal intenast in a prohibited liquor license purauant to Artide 3 or 5,C.R.S. 4 Page111 oR s+w cotAerlo� Na� Type of Llcenae `Ac�unt Number Coyote Mountain Lodpe,LLC I Beer and Wine I Oath Of Applicant 1 dedare under penauy oi perjury in ttie aecond degree that tftia appYcetion and aN ettadvnenffi�e true,carect,and complete!o the best of my knaMedge.l aiso adu�o�Medye ihat ii is my reapor�sibiAty and the resPonsibflitY of mY a9eMs and employeea to compiy wifh the proviaions of the Colorado Liquor or Code whid�afleG my baer�ee. �� Printed Name end Title � X �,�/, I Eric Neeb, Manager � p " i��ilr � Report and Approval of Local Licensing Authority(CitylCounty) Date applica�on filed with locaf authority Dme of local aulhailY hearin9(tor new liomse appicarxs:camot be lesa�an 30 days from daoe d appGca6on) b� �Z�ZS,Z-O � The La:al Licermk�g Au6�oritY Fkreby AtNrtna tt�et each person requ4ed to Ale DR 8404-I(Individuel FRSFory Reoor�ar e DR 5000(Mar�aper Permit)has been: ❑Finflerprirrted ❑ Subject to bad�ground investigation,Induding NCICICCIC check for outaWnding wartarrts That the bcel authorily hes conducted,or iMenda to conduat,an Inepac�ion of the proposed premiaes M ensure that ihe eppHcaM is in cort�►fiance with and aware of,liquor code proviaiorro affeding their dass of Itoense (Check One) ❑ Date W Inspettion or aMicipated dale ❑wU�condua tr�spectlon upon approva�ot stste ncensrng au�nority ❑ la 1he Liquor Lixnsed Drugstore(LLDS) or Reteil LJquar Store(RLS)wiThk�1.500 feet of another retail 1lquor lioe�se t�off- Yes No premises sales in a jurisdiction wtth a populatlon of>10,00001 ❑ ❑ ❑ Is the Liquor Licensed Drugatore(ELDS) or Retail Llqua Store(RLS)wiU�in 3.000 6eet of arather retail tlquor Gaense for off- promieea saks in a juriadiction wdh a populaBon oi<10,0000? ❑ ❑ NOTE:The diatence ahall be detertNned by a radius measurement that bepins at the prindpal doaway of the LLDSlRLS prertdaes for which the appllqdon la be(ng made and ends at Uie princip8l doorway of ihe Licensed LLDSIRLS. ❑ Does the Liquor-Ucensed Dnigatore(LLDS)have at kaat twenty peroeM(20%)of the applicaM's gross annuat income derived from the aale of food,during the prbr twelve(12)month petiod? ❑ ❑ The foregoi►g appUcation haa 6een examined;and the premiies,busineas to be conducted,and charader of the appiicant are saf�sfactory.We do report that such�oe�e,iF prar�ed,w1N meet Ute rcasonable requfrementa of tt�e neighborhood and the desires of tl�e aduft inhabitarris.arxi will comply with tt�e provaions ot Title 44.Artlde 4 or 3,C.R.S.,and Liquor Rules.Tharifon,this appUcatton k approvad. Local llcensing Authority for (Telephone Number ( ❑ TCwn,Cfly ❑Couniv Sipnature �Prirrt �Title Date Signature I Print �Title Date 5 Page 112 az e�9s ro�a�►,a� COLOMDO DEPAR7MENT OF REVENUE Liqiqt EtKo�n Diviaicn Tax Check Authorization, Waiver, and Request to Release Information 1� Eric Neeb am signing this Tax CheckAuthorization,Waiver and Request to Refease Infortnation (hereinafter"Waive►') on behatf of Covate Mountain Lodcte.LLC (the "AppEiqnULicensee') to pertnit the Colorado Department of Revenue and any other state or locat taxing authority to release i�formation and dxumentation that may othervvise be confiderrtial,as provided betow.lf I am signing this Waiver for someone other than myself, including on behaif of a business entity, f certify that t have the authority to execute this VNaiver on behalf of the Applicant/Licensee. The Executive Director af the Coforado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents,clerics,and emplayees.The information and documentation obtained pursuant to this Waiver may be used in connection with the ApplicantlLicensee's liquor license applicatEon and ongang licensure by the state and local licensing euthorities.The Colorado Liquor Code,secGon 44-3-101. et seq. ("Liquor Code'), and the Colorado Liquor Rules, 1 CCR 203-2 ('Liquor Rules`j, require compliance with certain tax obligations,and set forth the invest(gative,disciplinary and licensure actions the state and iocal licensing authorities may take for vialations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any ather law, regulation, resolution or ordinance conceming the confidentiality of tax information,or any dxument, repart or return filed in connection with state or local taxes.This Weiver shall be valid uMil the expiration or�evocation of a license,or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the licer�se, whichever is later. ApplicanULicensee agreea to execute a new waiver for each subsequent licensing period in connection with the renewal of any license,if requested. By signing below,AppGcanULicensee requests that the Colorado Departrnent of Revenue and any other state or local texing authority or agency in the possession of tax dxuments or information,refease infarmation and dxumeMation to the Colarado Liquor Enforcement Division, and is duly authorized employees,to ad as the ApplicanYs/Licensee's duly authorized reproaentetive under section 39-21-113(4},C.R.S_,solely to sllow the state and local licensing authorities,and their duly authorized employees,to investigate compliance with the L'puor Code and Liquor Rules.Applicant/Licensee authorizes the state and Ixal licensing authorities,their duly authorized employees, and their legal representati�es, to use the i�ormation and dxumentation obtained using this Waiver in any administrative or judicial action regarding the epplication or license. Name(IndividuaUBuainess) I Social Security NumberlTax Identification Number Coyote Mountain Lodge LLC AsJdreas 1340 Big Thompson Ave Cily State 2ip Estes Park CO 80517 Home Phone Number BusinesslVYofk Phone Number 303-444�742 ( 970�586-4376 Printed name of person sig�(rp on behaH of tt�e ApplicanWcensee Eric Neeb AppHcarrtlLi ture ' nature eufiwrizfng the disdoaure of confidential tax irtfortnatton) �Date aig�� O J( �'� � PriY�r�A rS`i$iilt�ment Praviding your Social Security Number is volu�ary and no right, benefit or privilege provided by law will be denied as a ��of rafu�l ta di�r��t.�7 of P�u�cy A�,5 USGS§55Za(noto)� Page 113 ,.. I3 � g -rho n•�sor• �v'� �3 �� . . - .1 � �� , z�� ' �" Pool area is Fenced ,....w.:.�. � �� 10� �r .��. � � �j"S� �� '(��' (�lI1A 'A . <J ••-�ri.J �� . � Y+,;*r" Lobby �'�� ' sl, - - - _ . _ �2 � ,,- . � �r�ss. �.l �I'` �, t �' ' 'yq' qa �'a0�"- A�rta t" ",4 w � ,,,,., J,/' n g 5�5". � s�� 0M'�. � • ''� (sig s-et walkrtica�C,l 6L�5'� � 1� � , �.' . . �,'�� .12.' M'i� � '. "x� g�. �.�o ! 2z2 223 � 2� I 2'�S 1�b � 't� �ul I 23o f z31 I 232 I 2;33� 234 s.4r y�� i;a,,w,ot,�,� root�� ;�'�.5:.., ! I �14 I ��.5 � ,�, � �� I ��s I 1z5 � �� 3r � �a2 !.� I �q � �� -i ( � ( �� -i �� I � ! � i � � T � _...�.�...�._.�.._...� � �, � Storage/Sales area (�' —' Q � �>> � . Coyote Mountain Lodge •� . ��- � - ��'�"'�� °� � 1340 Big Thompson Ave �12 Estes Park CO 80517 � - -_ i �� . � ��. — I ��4 � _ � � ►i� j fi�W i . . 1�b. ' ,_ __... .. .. �► 1�5 . — �'°b � � �' �a �'ol. � 11�' � — , d � � �� . A �G�'�k-Z . �"�t.k.. i. �� . ATTACHMENT 3 DR dW�l(032W79) COLORIIDO OEPARTNQIT OF REVENUE lfquo►EiAormmenlOhAalon (303)20b-2J00 Individual History Record To be completed by the fotlowing persons,as applicable:sole proprietors;general partners regardless o1 perceMage ownership,and ('wnited partners owninQ 10%or more of the parfiership;all principal officers ot a corporaGon,al!diredors of a corporation,and any stockholder of a corporatlon owning 10%or more oi the outstending stock;managiny members or officers of a limited IiabUiry company, end members owning 10°k a more of the wmpany;and any intended registered manager of Hotel and Restaurent,Tavem and Lodging and Entertainment class oi retail license Nodce:This individuai history reoord requirea intormation that is necessary for the licensiny investigation or inquiry.All questions mwt be answered'm their eMirety or the lic:ense appliCation may be delayed or denied.lf a question is not applicabla,please indicaUe so by'N/A'.Any daliberata mNropresentatlon or materlal omissiort may j�opardize tha fieense application.(Please attech a separate sheet ff necessary to enable you to artswer questions completely) 1.Name o�Business Home Pho�e Number Cellular Number Coyote Mourrtain Lodge I 303�44-3742 I 2.Your Fun Neme(last,first,middle) �3.List any other names you have used Neeb, Eric,Anderson 4.Mailing address(if dlfferent from residence) �Email Address ericQcoyotemou ntaintodge.com 5.List wrreM residence address.lnclude any previous addresses within the last five years.(Attach separate sheet N necessary) Streat and Numbar � City,Stata,Lp � From � To CurrerK 2898 S Lakeridge Trail {Boulder,CO 80302 �O1f01/2015�present Previous � E � � 6.List el{employment within the last 8w years.lnclude any setf-employment(Attech separate sheet ff necessery) Nama of Employ�r or Buslness � Addross(Street,Number,Clty,State,Zip) � Position Hsld � From � To Discovery Lodge Inc � 2898 S Lakeridge Trail �Secretary �o,�o,r�o,s!Present I � � 1 � � � � 7.List the name(s)of relatives woricing in or holding a financal interest in the Cobrado akohd beverage industry. Name oi Relative f Relationahip to You � Posltion Fisld 1 Name of Licensee none � � j � � � � I � f � I 8.Have you ever applied for,held,or had an interest in a Cdorado Liquor or Beer Lioense,or loaned money, �y� 0 No fumiture,fixtures,equipment or inventory to any licensee7(tf yes,answer i�detail.) 9.Heve you ever received a violation notic�.e,suspension,or revocation for a liquor law violation,or have you �Yes �No applied for or been denied a liquor or beer lioense e�nywhere in the United States?(If yes,exolain in detail.) Page115 DR 84WN(03/20/79) 10.Have you ever bee�convided of a crime or received e suspended sentence,deferred sentence,or forGeited �Yes �No , bail for any offense In criminal or military court or do you have any charges pending?((f yes,expiain in detail.) 11.Are you cunenUy uncier probation(st�ervised or unsupervised),parole,or compieting the requirements of e �Y� �No deferred aentence? (If yes,explain in detait.) 12.Have you ever hed any professiona!ticense suspended,revoked,or denied7(If yes,explain in detait.) ❑Yes �No Personai and Financiaf Information Unless othervvise provided by taw,the personal informabon requi�ed in question#13 wiN be treated as wnfidential.The personal information required in Question#13 is solelv for identification ourooses. 138_Dste ot Hirth �h c��Ai�n„�Number I a Place of E3irth I � Burbenk,CA d.U.S.CiUzen �Yes ❑No e.!f Natural¢ed,state where +f.When �g.Name of DisUict Court � h.Naturalization Certificate tJumber I i.Date of Certification I j.If anAien,Give Aien's Registration Cerd N�xnber�k.Permanent Residence Card Number t.Meight m.Weight n.Hair Cdor o.Eye Color p.Gender q.Do yrou have a cument n�ra i�nse/ID?!f eo,g'rve number and state. 5'8" i 80 I Blonde I Green 'M ,�Yes ❑No � _Srate CO 14.Financial Infortnation. a.Total purchase prioB or investrneM being made by the applying ermty,wrporation,pactriership,fimited liab�ity oompany,other. a 3,113.25 b.List tfie total amourrt of the peno�al investment,made by the person listed on queation#2,in this business induding any nobes,loans,cash,servioes or equipment,opera6ng capital,stodc purchases or fees paid.3 0.00 "N corporate imestrn�nt only plaase skip to and compl�te section(d) "Sactlon b should reflect the toW of s•ctto�a c and e c.Provide details of tfie personat investment described in 74b.You must aocount for all oi the sources of this investrnenG (Attach a separate sheet if needeci) lypr Cash,Servlces or Equipment � Ac�ount Typo � Bank Name � Amount n/a I I I � � I � f I i � I d. Provide details ot the eotporate investrnent described in 14(a),You must acceunt fior all of the sources of this investrnent.(Attach a separate sheet if needed) Type:Cash,Services or Equipment � Loans � Account Type � Bank Name ( Amount Cash � N/A I Checking � US Bank I $3,113.25 � � I � � � � � e.Loan Infiormation(Attach copies of aU noDas or loans) Nams ot Lender � Addross � Term � Security � Amount n/a ` � I I � I � � � � � I I f � 1 Oath of Applicant I declare un ! of riury that this aoolication and atl attachments are true.correct and comn�ete to�e�es�o�mv{cnow�edae. � e Print Signature r�tte, ta J� , � +Eric Neeb +�19f19g2( � tr ... Page 116 OR S404a(03l20l19) COLARADO GEPARTYEMT OF REVENUE liquor ErtLo�tert�ent DN►�ia+ (3U3)265-2300 Individual History Record To be compieted by the foAawing persons,as appiipble:sole proprietors;yenerel partners regardless of percaMage ownership,and timited partners owning 1D96 or more of the partnetship;aY princiQal officers of a catporation,ati dfredors of a corporati�,and et�y stockhoider of a corporadon owning 109�o ar mare ot the outstandin9 stodc;managing members or officera of a timited C�abiiity comparty, and members owniny 1096 or more of the company;and any irrtended registered manager of Hotei and Restaurant,Tav�em and Lodging and Enterta;nment ciasa of retail license Notka:This individ�f hfatory record requires information that is necessary for the I+censing investigatlon or inquiry.All quest�or�s must be answered in their entirety or the license appiiption may be delayed or denied.if a question is not appficable,pfease indicate so by'N!A".Any dsliberate misnpros�irtation or matariat omission may jeopardize the licenss appNcation.(Please attach a separate sheet if neoessary ta enable you to a�awer quesiions completely� 1.Name of ESusiness Home Phone Number CeRular Number Coyote Mountain Lodge ,303-�444-3742 ` 2_Your Full Name(tast,firat,middie} I3.List any oiher namea you have used Peng, Lesiie 4.MaiGng address(ff differerrt lrom resid�nce) Email Address I LesliePeng09@gmaii.cam 5. List current rosidence address.lndude any previous addresses within the last five years.(Attach separate sheet if necessary) Street and Number + City,Stata,2ip � Prorn � To """�'� � IOt/01/2015I resent 2898 S Lakeridge Trail Bouider,CO 80302 P Previous I I I 6.List all empfoyment within the laat five years.InGude any seff-employment.(Attach separate sheat if necessary} Nama of Employer or Business � Address(5trest,Numiser,City,Stste,Zip) � Position Heid � From � To not employedlhomemaker I I I ' I I I I I � I i 7.List the name(s)of reiatives working in or h�ding a 6nanaal ir�terest in the Colorado aloohol beverage industry. Name ot Ralattve � Rdabionship to You � Position Hald � Nam�of Lic�nsae none ( � � 1 I I I ! I I I 1 8. Have you ever applied fer,hetd,or had an interest in a�otorado Liquor or Beer Lioanse,or loaned money, []Yes �No furniture,fixlures,equipment or irnentury to any licensee?(if yes,a�swe�ir�detaif.) 9.Have you ever reoeived a viotation notke,suspenaion,or re�acation for a Ifquar law vida6on,or hsv�e you ❑Yes �No appiied for or been denied a liquar or beer lioense anywhere in the United States?Qt yes,sxplain i�detail J Page 117 DR 84D41(03/20/79) 10.Have you ever been cornicKed of a crime or received a suspended sentence,deferred aentence,or forfeited �yes �No bail for any offense in criminal or military cauR a do you have any charges pending?(If yes,expiain in detail.) 11.Are you currently under probation(superviaed or unsupervisEcf),paro{e,or completing the requiremen�s of a �Y� �No deferred serrtence? {If yes,exptain in detail.) 12 Have you ever had any professional license suspended,revoked,or denied?(If es,ex � Y plain in deta+l.) ❑Yes �No Personal and Financial Infarmation Unless otheiwise provided by law,the persanaf informaaon requ�ed 1n question#13 wiN be treated as oonfidential.The pensonal information required in auestion#13 is soletv for ideM�f'tcation ourooses. 13a.Date oi BiAh ti c��con,r�w Number c.P1ace of Birth `- I HOliywood,CA I d.U.S.Cilize� �Yes ❑No e.M'Naturalized.state where I f.When � g.Name of�istrid Court h.NaturaGzation Certificate Number I i.Date of CeRificaUan I j.1f ar��qlien,C+iveq�ien�s Reg�re6on Card Nunber�k,permanerd Residence Card Number 1.He' ht m. ht n.Hair Color e.Eye Colur p.Ge�der q.Do you have a cuRertt Drivefs LicensellD?If so,9ive nu►r�er and stete. 5'S"� I 130� I bladc �brown I F I�ves ❑No s _5e�e GO 14.Financial Infurmation, a.Total purchase prioe or investrnent being made by the applying er►tiry,carporation,parinership,limited liabiliry company,other. a 3.113.25 b:List the total amourrt of the p�rsonal inveatrnent,made by fhe person lisbed on question#2,in riiis business inGuding any notes,loans,e�sh,servicea or equipment,opetabng capital,stodc purchases or fees paid.S O.tlO 'H eorporate Inv�stment only pl�asa sklp to and eompleta ssction(d) "Seedon b should rsfleet ttN total of sQetioes c and• a Provide details of the petsonal investrnem desaibed in 14b.You must account for afl of the sources of thia investment. (AttaCh a separate sheet"rf needed) Type:Cash,Ssrvk�s or Equlpment � Account Type � Bank Name � Amount Na � I I I � I { I 1 � I I d_Provide details of the Corporat@ investrnent described'm 14(a).You must account for all of the sources of this invesUnent(Attach a separate sheet if needed) Type:C�sh,Sorvicos or Equlpmaa! � Loana � Account Zype � 8ank Mama � Amouat Cash I N/A I Chedcing ( US Bank I $3,113.25 � � � � � � � � e.Loan Infortnation(Attach copies of all notes or loansj Nam�of Lender � Addross � Torm � Security � Amount n/a ( i I I � I I � I � � � � � ( I �ath of Applicant 1 d�clare unde of ueriury that this aoolication a�d all attachments are true.correct.and comolete to t�e bes�o�mv�Crtovv�edae. �� n e PrMt 5ignature Tit1e pat . - - _ . , ��,e pe� ��4�� r� Page 118 ATTACHMENT 4 � �:� TO�N oF ESTES P June 30, 2020 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Coyote Mountain Lodge Neeb, Eric Neeb, Leslie Peng, Leslie 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. 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, ��`�J��'11� Wes Kufeld Chief of Police, Estes Park Police Department ' .il,y��n�L'�e � �'� ^`�i � 170 MACGREGOR AVE. P.O. BOX 1287 �� '. ; ESTES PARK,CO 80517 www.estes.org . L:J :�%�;j Police Department �`°'�`� ;� 970-586-4000 Wes Kufeld,Chief of Police www.estes.org/pd Page119 �� ` �� ♦ O �` �� a �� Page120 i T��N o� ESTES PARr 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 Sa/e 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 Obiective: 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 Page121 ATTACHMENT 1 : Memo from 07-09-2019 T��N oF ESTES PARI . . . - 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 Obiective: 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 Page122 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. Advantaqes: • 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 Interes� Low. Samale 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 Page123 ATTACHMENT 2 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 Page124 Exhibit A ATTAC H M E N T 3 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. {00765814.DOCX/ }1 Page125 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. Severabilitv. 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 A�reement. 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. {00765814.DOCX/ }2 Page126 9. Governin� 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. Assi�nment. 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 A�reement. 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 A�reement. 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. Bindin� 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 Immunitv Act. No term or condition of this Intergovernmental Agreement shall be construed ar 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 {oo�6ssia.00cx/ }3 Page127 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] {oo�6ssia.00cx/ }4 Page128 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 {00765814.DOCX/ }S Page129 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 1ot, landscaping, and any and a11 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. {00765814.DOCX/ }6 Page 130 GRANTOR: By: Title: STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of , 2020, b�� as of Witness my hand and official seal. My commission expires: Notary Public {00765814.DOCX/ }7 Page 131 ACCEPTANCE The Estes Valley Fire Protection District hereby accepts the real andpersonal 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: {00765814.DOCX/ }$ Page 132 EXHIBIT A (to Deed and Bill of Sale) Es�ense No.17-ddN-60-1401 E�CHIBIT �Lisense t4r�a Ntap � � .�, �„ , '��. � �_` �;, r�.:� a , �� _+i r � '6 '�d�� . _. .. - ;. . . . „ ," sw. .r",: �,•, . ` ' �y r�� r:i " � - � � � � . , � .�-3`-•• , � - � + , � . � ,_. ., . .,. . ., '. . � ` .<. , � � � "�- � ��. 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Scott Webermeier 1135 5 1140 *Elected to 4-yr. terms BALLOT OUESTION� Ballots 4/7 Rallot 4/16 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 STATE 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 7'h 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. ,,,,,,,,��„�,,,p, ' . ,: oF ESTEs''��, C� Town Clerk ��AL .• �'�� ` Mayor ` r �4 �� •-��si��'� .. ., .. •• . ,,,,N�yNN1u�iA • Page137 �� ` �� ♦ O �` �� a �� Page 138 1 J� TO�N oF ESTES PARI� Memo . , . . 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 Obiective: 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 inember 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, 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. Page140 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 iYs still appropriate to honor the January consensus and include this provision in the current contract. Advantaqes: • 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. Disadvantaqes: • 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 Page141 ATTACHMENT 1 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: I Inspection Service (permits issued prior to service start date) I$75.00 per inspection Inspection Service (permits issued after service start date) I100%of Municipal Permit Fee as established by ordinance or resolution Plan Review Services-excludes engineer review fees I100%of Municipal Plan Check Fee as established by ordinance or resolution IStructural Engineering Plan Review I$150.00 per hour—one (1) hour minimum IBuilding Official Services I Included in percentage of fees above IPermit Technician Service I Included in percentage of fees above IAfter Hours/Emergency Inspection Services I$100.00 per hour—two (2) hour minimum INon-Permitted Activity(by request only) I$75.00 per hour—one (1) hour minimum Ilnvestigative Services (by request only) I$75.00 per hour—one (1) hour minimum Town Owned Projects I50%of applicable Municipal fees as established by ordinance or resolution INote: Three percent(3%)of Consultant fees for Estes Park Community Outreach Program AGREEMENT AMENDMENT Page 1 of 2 page 142 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: � AGREEMENT AMENDMENT Page 2 of 2 page 143 �� ` �� ♦ O �` �� a �� Page144 i T��N o� ESTES PARr 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 Obiective: 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. Advantaqes: Clarity and consistency in approval of documents. Disadvantaaes: 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 Page145 Level of Public Interest None Sample Motion: I move for the approval of Policy 1101. Attachments: 1. Policy 1101: Delegation of Contract Signature Authority Page146 ATTACHMENT 1 Effective Period: Until Superseded Review Schedule: Annually � Effective Date: 7/14/2020 References: O 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 Document Title Policy 1101 — Delegation of Contract Signature Authority 7/14/20 Revisions: Town of Estes Park, Town Attorney Page 1 of 3 Page147 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 Document Title Policy 1101 — Delegation of Contract Signature Authority 7/14/20 Revisions: Town of Estes Park, Town Attorney Page 2 of 3 Page148 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. Litiqation Settlement Aqreement Authoritv 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 Document Title Policy 1101 — Delegation of Contract Signature Authority 7/14/20 Revisions: Town of Estes Park, Town Attorney Page 3 of 3 Page149 �� ` �� ♦ O �` �� a �� Page 150 i T��N o� ESTES PARr 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 Obiective: 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 15t"— Staff posts application on Town website July 17t" & 24th — Paper notices July 27t"— Last day to submit application July 29t" and/or 30�"— 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) Advantaqes: • 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. Disadvantaqes: • 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. Budqet: 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 ATTACHMENT 1 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 Page 154 _ ATTACHMENT 2 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 Yes: ❑ No: ❑ previous to the Board's appointment of their preferred candidate? Does your personal schedule permit your regular attendance at scheduled Yes: ❑ No: ❑ meetings? (The eoard of Trustees meet twice a month in the evenings, typically on the 2"d and 4r" Tuesday of each month.J 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 providedJ 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? 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 Public Comment Received 07-14-2020 IStartdate IAgenda_Item_Title IName IStance_on_item Comments_for_the_Board_of_Trustees_ File_Upload 7/14/2020 11:57 AM Resolution 45-20. IJohanna Darden Neutral I would like to see the replacement of Trustee Zorns be put on the November ballot. Page 157 �� ` �� ♦ O �` �� a �� Page 158 i T��N o� ESTES PARr� Report • � � - � • - To: Honorable Mayor Koenig • Board of Trustees From: Town Administrator Machalek Date: July 14, 2020 RE: Open Containers Obiective: 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 inembers 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: Survev 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. • . . . . • . . • • . . • - . . . . . • . • . . • 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 . - . . . . . - . � _ . . . . - . Strongly Agree Neutral Disagree Strongly Agree 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 • • • • • • - • � • • • • • - • - • Strongly Agree Neutral Disagree Strongly Agree Disagree Sidewalks 13 14 3 10 5 Parks 15 19 � 2 5 4 Parking Lots 6 6 10 14 9 Advantaaes: • 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. Disadvantaaes: • 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 � - � 0 ESTES PARK COLORADO � � v � � � v v v Page 162 v v v � � Page 163 Public Comment Received 07-14-2020 Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_ File_Upload I 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 7/14/2020 11:49 AM Open Containers within the Town. Johanna Darden Against as they please,and businesses and the police be afraid to confront them? Page 164