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Home My WebLink AboutPACKET Town Board 2022-06-14The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 14, 2022 7:00 p.m. In Person Meeting – Mayor, Trustees, Staff and Public ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, June 14, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. 1. LODGING TAX EXPLORATION TASK FORCE LIAISON UPDATE. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated May 24, 2022, Town Board Study Session Minutes dated May 24, 2022 and Town Board Strategic Planning Study Session Minutes dated May 17, 2022. 3. Comprehensive Plan Advisory Committee Minutes dated April 28, 2022 (acknowledgment only). 4. Parks Advisory Board Minutes dated April 21, 2022 (acknowledgment only). 5. Transportation Advisory Board Minutes dated April 20, 2022 (acknowledgment only). Prepared 06-03-2022 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 6. Amended Purchase Order 38555 for Sauber Three-Phase Reel Trailer, $123,401 - Budgeted. 7. Appointments of Jessica Ferko and Mark Igel and Reappointment of Linda Hanick to the Transportation Advisory Board for terms expiring March 31, 2025. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ESTES VALLEY WATERSHED COALITION REPORT. Wilynn Formeller and Dawn James. LIQUOR ITEMS: 1. RESOLUTION 47-22 TO CONSIDER A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR NEW VILLAGE PIZZA CORPORATION DBA NEW VILLAGE PIZZA, 543 BIG THOMPSON AVENUE. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. 2. RESOLUTION 48-22 TO CONSIDER A NEW LODGING ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR FALL RIVER VILLAGE LLC DBA FALL RIVER RESORT - SKYVIEW AT FALL RIVER VILLAGE, 278 SUNNY ACRES COURT. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. 3. RESOLUTION 49-22 TO CONSIDER A NEW DISTILLERY PUB LIQUOR LICENSE APPLICATION FOR ESTES PARK DISTILLING CO., LLC DBA ESTES PARK DISTILLING COMPANY / BOB AND TONY'S PIZZA, 124 & 128 W. ELKHORN AVENUE. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. 4. RESOLUTION 50-22 TO CONSIDER A NEW DISTILLERY PUB LIQUOR LICENSE APPLICATION FOR FTD ESTES PARK, LLC DBA FULL THROTTLE DISTILLERY & GRILL ESTES PARK, 231 MORAINE AVENUE. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. ACTION ITEMS: 1. RENAMING REQUEST FOR A PORTION OF CHILDREN'S PARK TO "WOMEN'S HERITAGE PLAZA". Town Administrator Machalek. Consideration of a request to rename the portion of Children's Park that currently contains the Estes Park Women's Monument to "Women's Heritage Plaza". 2. REVISED POLICY 671 – TOWN FUNDING OF OUTSIDE ENTITIES. Assistant Town Administrator Damweber. Consider revising Policy 671 to alter reporting requirements for Base Funded entities and possibly add new organizations to the list of entities eligible for Base Funding. 3. SETTING THE PUBLIC HEARING FOR ORDINANCE 08-22 ADOPTING BY REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO, REVISED 2022. Interim Captain Polucha. To formally set the public hearing and meet publication requirements set up in State Statute 31-16-202 & 31-16-203 for the adoption of the code. 4. ORDINANCE 06-22 CONSIDERING THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT. Director Bergsten. Would provide compliance with Northern Colorado Water Conservancy’s District’s rules & regulations. Page 2 5. ORDINANCE 07-22 CONSIDERING THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT MUNICIPAL SUBDISTRICT. Director Bergsten. Would provide compliance with Northern Colorado Water Conservancy’s Municipal Subdistrict’s rules & regulations. ADJOURN. Page 3 Page 4 Town of Estes Park, Larimer County, Colorado, May 24, 2022 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 24th day of May, 2022. Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator, Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None. Mayor Koenig called the meeting to order at 7:04 p.m. and all desiring to do so, recited the Pledge of Allegiance. YEARS OF SERVICE RECOGNITION. Mayor Koenig recognized staff which met service milestones with the Town, including Jackie Williamson – 20 years; Derek Fortini, Jeremiah Polucha, and Kate Rusch – 15 years; Adam Edwards – 10 years; and Sarah Clark, Greg Smith, Jessica Michak, Becky Weller, Chad Edwards, and Maria Jonoska – 5 years. AGENDA APPROVAL. It was moved and seconded (Webermeier/Younglund) to approve the Agenda as presented, and it passed unanimously. PUBLIC COMMENTS. John Meissner/Town citizen spoke regarding the mass shooting in Texas, mental health, active shooter drills, and gun control. TRUSTEE COMMENTS. Lodging Tax Exploration Task Force Liaison Update. Mayor Pro Tem Webermeier and Trustee Younglund provided updates on the Task Force regarding contracting with consultant Bill Brown, tax amounts needed for bonds, non-resident property tax, effects on housing costs, and election timing. The Task Force would meet May 25, 2022 to discuss tax delineation between childcare and housing. Trustee comments were heard and have been summarized: A community meeting would be held by the Estes Valley Fire Protection District regarding the Community Wildfire Protection Plan. The Rooftop Rodeo would be held July 7, 2022 through July 11, 2022 and volunteers are needed. The Police Auxiliary held an ambulance training on and the spring clean-up was well attended. The Parks Advisory Board met and discussed results of the 2022 Arbor Day and future improvements, NOLA Creative Company gave a presentation on rotating art options, and Chainsaw Mike has been commissioned to carve a gnome in the Sensory Garden. The Estes Park EDC met and would be moving forward on a five-year strategic plan and discussed an entrepreneurial ecosystem plan to welcome new businesses to the area. Restorative Justice’s Annual 2022 Golf for Justice Tournament fundraiser would be held July 29, 2022. The Transportation Advisory Board met and discussed an express pass for paid parking which would allow visitors to purchase a three-day parking pass. DR A F T Page 5 Board of Trustees – May 24, 2022 – Page 2 TOWN ADMINISTRATOR REPORT. Town Administrator Machalek provided an update on the increased numbers of Covid-19 in Larimer County and Estes Park. The Board discussed Larimer County recommendations on public gatherings and mask usage. Trustee Talks and Mayor’s Chats were discussed including the format of both meetings, location of Trustee Talks, options of holding Trustee Talks, combining the two meetings, implications of increased Covid-19 numbers, preparing discussion topics, consistency of monthly meetings for the public, when to restart the meetings, and time obligations. It was determined to restart combined Trustee Talks and Mayor’s Chats in September 2022. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated May 10, 2022 and Town Board Study Session Minutes dated May 10, 2022. 3. Comprehensive Plan Advisory Committee Minutes dated April 14, 2022 (acknowledgment only). 4. Community & Family Advisory Board Minutes dated November 4, 2021 and Special Community & Family Advisory Board Minutes dated January 6, 2022 (acknowledgement only). 5. Letter of Support for a Grant Application to CDOT 2022 Local Multimodal Transportation Program and Mitigation Options Fund Program for Fall River Trail Construction. 6. Letter of Support for a Grant Application to CDOT 2022 Local Multimodal Transportation Program and Mitigation Options Fund Program for a Multimodal Transportation Plan. 7. Letter of Support for a Grant Application to CDOT Federal Transit Authority for Fiscal Year 2022 5339(b) Bus and Bus Facilities Grant Program Funding. 8. Resolution 41-22 Extension #2 of the 2021 Services Contract for 2022 Summer and Special Event Shuttle Service with RAPT Dev USA, $568,979 – Budgeted. 9. Resolution 42-22 Setting the Public Hearing for a New Distillery Pub Liquor License Application for Estes Park Distilling Co., LLC dba Estes Park Distilling Company, Bob and Tony's Pizza, 124 & 128 W. Elkhorn Avenue, Estes Park, Colorado for June 14, 2022. 10. Resolution 43-22 Setting the Public Hearing for a New Distillery Pub Liquor License Application for FTD Estes Park, LLC dba Full Throttle Distillery & Grill Estes Park, 231 Moraine Avenue, Estes Park, Colorado for June 14, 2022. 11. Resolution 44-22 Setting the Public Hearing for a New Hotel & Restaurant Liquor License Application for New Village Pizza Corporation dba New Village Pizza, 543 Big Thompson Avenue, Estes Park, Colorado for June 14, 2022. 12. Resolution 45-22 Setting the Public Hearing for a New Lodging and Entertainment Liquor License Application for Fall River Village LLC dba Fall River Resort - SkyView at Fall River Village, 278 Sunny Acres Court, Estes Park, Colorado for June 14, 2022. It was moved and seconded (Webermeier/Hazelton) to approve the Consent Agenda, and it passed unanimously. DR A F T Page 6 Board of Trustees – May 24, 2022 – Page 3 REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ESTES VALLEY FIRE PROTECTION DISTRICT UPDATE. Chief Wolf provided an update on the Estes Valley Fire Protection District. He highlighted the districts mission, employees and volunteers, service area, district origins and structure, service increase demands, wildfire history and challenges, fire restrictions, current projects, and the future of fire safety. The Board discussed July 4th fireworks, fireplace air quality effects, preferred number of volunteers for the district, whether the district’s budget was comparative to other communities, volunteer recruitment, and effects of housing on the district. ACTION ITEMS: 1. RESOLUTION 46-22 SPECIAL REVIEW, “SELF-SERVICE MINI-STORAGE” 421 STANLEY AVENUE, STEVEN MARTISCHANG, OWNER/APPLICANT, TRAIL RIDGE CONSULTING ENGINEERS, REPRESENTATIVE. Mayor Koenig opened the public hearing and Planner Woeber presented Resolution 46-22 for a special review at 421 Stanley Avenue to add four new storage buildings in addition to the existing structures. The new buildings would contain an office area, a resident employee quarters, and additional storage units. The applicant and representatives were available for questions. The Board discussed the legal non-conforming welding shop, hours of operation of the facility, and current occupants of the residences. John Meissner/Town citizen spoke regarding 24-hour access, a fence around the structure, and the location of the welding shop. Mayor Koenig closed the public hearing and it was moved and seconded (Martchink/Younglund) to approve Resolution 46-22, and it passed unanimously. 2. REVISED POLICY 306 – LEAVE. Town Clerk Williamson presented revised Policy 306 – Leave which would update Town recognized holidays to include Juneteenth and Veterans Day, and adjust years of service vacation accruals to move employees through the accrual schedule faster. These changes would increase the Town’s competitiveness as an employer. The Board discussed financial impacts, effects on PERA compensation, Town facility closures, and effects on retention. It was moved and seconded (Hazelton/MacAlpine) to approve Revised Policy 306 – Leave, and it passed unanimously. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Younglund/Hazelton) to enter into executive session for discussion of specialized details of security arrangements or investigations Section 24-6-402(4}(d), C.RS. – Regarding Board Security, and it passed unanimously. Mayor Koenig recessed the meeting at 8:55 p.m. The Board entered into executive session at 9:01 p.m. Mayor Koenig reconvened the regular meeting at 9:40 p.m. Whereupon Mayor Koenig adjourned the meeting at 9:40 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 7 Town of Estes Park, Larimer County, Colorado, May 24, 2022 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 said Town of Estes Park on the 24th day of May, 2022. Board: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine, Martchink, Webermeier and Younglund Attending: All Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Attorney Kramer, Town Clerk Williamson Absent: None Mayor Koenig called the meeting to order at 5:15 p.m. REVIEW POLICY 671. Assistant Town Administrator provided an overview of Policy 671 and the proposed changes to those entities receiving base funding from the Town. The annual report from the entities would outline how the base funding was used to advance the their objectives and provide an opportunity for each entity to present to the Town Board. There are currently nine entities being funded through base funding. It was proposed the presentation could be held throughout the year but prior to the budgeting process each year. Board discussion followed and has been summarized: questioned if the base funded entities need to apply annually, the proposed presentations would not only provide the Board with additional information on the value of the investment but provide the Board with an opportunity to ask additional questions prior to the budgeting process, suggested any presentation take place after the Town’s regular Municipal Elections to ensure newly elected officials can participate, and questioned how a new entity would be added to the base funding. Staff responded to questions and clarified that each entity must apply annually, total annual investment averages approximately $200,000, and adding an entity to the base funding policy would require Board action and approval. Trustee Younglund stated support to add the Estes Arts District as a base funding entity to the policy in order to show additional support for the local arts. She further commented the University of Denver would send a proposal on completing an arts master plan study. Mayor Koenig requested staff assemble a list of all art groups within the community for the Board’s review to ensure others are not excluded from consideration of funding. Trustee Hazelton commented that a number of entities in the community are interested in more stable funding. The Town may want to consider sustainable funding rather than project-based funding for entities. Trustee Martchink further noted the current process may need to be revised to add qualifications and create a stair step process for funding after an entity has demonstrated their value to the community. Discussion followed regarding the effectiveness of the current process and whether or not the base funding and community funding need to be collapsed into one funding source. Staff would bring forward the revised policy for the Board’s consideration and at that time the Board can make a motion to add entities to the base funding. Trustee Cenac arrived at 5:45 p.m. DOWNTOWN ESTES LOOP UPDATE. DR A F T Page 8 Town Board Study Session – May 24, 2022– Page 2 Greg Muhonen/Public Works Director provided a general overview of the Loop project scope and stated the estimated cost of the project has increased due to an increase in construction costs since 2014 with unprecedented construction cost index, workforce and supply chain/availability of materials, required FEMA flood and USCOE stream mitigation, escalating utility relocation costs, and summer season construction restrictions on downtown roadways. The increases require an increase in the local match for the project of $501,000 in order to move the project forward to bidding. A progress update was provided from the partner agencies on the right-of-way (ROW) acquisition, permitting for the CLOMR and 404 permit, agreements related to the MOU and IGA, budget update, design, project schedule, and construction phasing. It was noted 42 of the ROW parcels needed for the project are under contract or closed. A letter was submitted in April 2021 for FEMA approval to work in the floodplain. Such approval can take between 18-24 months. A waiver request was submitted in April 2022 seeking approval of the CLOMR. The US Army Corp of Engineers 404 permit includes new stream bank mitigation requirements as of February 2022. The new stream bank requirements are expensive and would increase the cost of the project and impact timing as a new bank must be identified. The increased project costs would increase the local match because FLAP requires a 17.21% match. Cost mitigation efforts have been identified including value engineering to reduce project costs, early fall advertisement date to receive a competitive construction bid, potential elimination of repaving West Elkhorn Avenue, and reevaluate construction restrictions to allow contractors more flexibility in scheduling construction activities, i.e. evening work. The MOA with the partner entities would need to be revised to increase the Town’s match of by $501,000. The IGA continues to move forward to outline who will own and maintain portions of the project. CDOT and the Town would identify specific ownership of items such as roadway, signage, lighting, landscaping, etc. The IGA would be completed prior to construction with completion by the end of 2022. After further discussion the Board consensus was to shorten the construction timeframe by allowing night construction, and to review a revised MOA increasing the Town’s local funding match. It was further agreed to bring forward a discussion on the reporting schedule to the Town Board as the project moves forward. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. The following were discussed and approved: CompPAC update on July 12, 2022, continuation of Zoom added to the approved and unscheduled, ESTF Implementation Plan at the June 14, 2022 meeting, and remove the sidewalk ordinance and bring it directly to the Town Board for consideration. There being no further business, Mayor Koenig adjourned the meeting at 6:52 p.m. Jackie Williamson, Town Clerk DR A F T Page 9 Town of Estes Park, Larimer County, Colorado May 17, 2022 Minutes of a Study Session meeting of the ESTES PARK TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Museum in said Town of Estes Park on the 17th day of May 2022. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, Directors Bergsten, Garner, Hinkle, and Muhonen, Interim Police Chief Pass, Public Information Officer Rusch, Management Analyst Simpson, and Director/Town Clerk Williamson Absent: Trustees Martchink and Younglund, and Director Hudson Meeting was called to order at 5:00 p.m. by Mayor Koenig. INTRODUCTION TO STRATEGIC PLANNING. Town Administrator Machalek stated the passage of Ballot Issue 3A at the regular Municipal Election on April 5, 2022 has provided the Town with flexibility for budgeting in 2023. He stated the 2022 budget continues to be strong with sales tax increasing, however inflation remaining high. The proposed 2023 budget would likely include significant increases to employee compensation to address rising costs, increase in the cost for ongoing operations, and an increase in project costs due to rising costs of goods and materials. A new process has been implemented in 2022 to aid in identifying the current department/staff initiative workload and ongoing daily workload to provide the Board an understanding what additional initiatives staff has the capacity to address in 2023. A board discussion was heard on employee compensation and housing. The Board expressed the need to ensure the Town remains competitive and can attract and retain employees. MISSION AND VISION AND OUTCOME AREAS. The Board reviewed the Mission, Vision, and Outcome Areas of the Town and suggested no changes for 2023. REVIEW STRATEGIC POLICY STATEMENTS. Exceptional Guest Services – We are a preferred Colorado mountain destination providing an exceptional guest. Board discussion was heard on what the philosophy should be to meet guest services, what makes the Town a premium destination, how does the Town balance the impact of visitation with the quality of life for the residents, resources and the environment, and the need to balance the impact increased visitation has on the guest experience. The following Strategic Policy Statements were reworded, added or deleted: Statement 3 - We strive to balance the impacts of visitation with the needs and quality of life of our residents and our key outcome areas. New statement – We are conscious of the impacts of increased visitation on the ability to ensure an exceptional guest experience. Statement 4 - We make data-driven decisions in serving our guests and residents using up to date and relevant data. DR A F T Page 10 Town Board Study Session Meeting – May 17, 2022 – Page 2 Statement 6 – The Town provides and encourages a high level of customer/guest services to our guests - more explicitly about visitor services. Government Services and Internal Support – We will provide high-quality, reliable basic municipal services for the benefits of our citizens, guest and employees, while being good stewards of public resources. The Initiative Management process has been developed to manage what staff brings forward to the Town Board, to be more deliberate on what items are brought forward to the Board for consideration, and to ensure the Board understands what it may take to get initiatives completed. The following Strategic Policy Statements were reworded, added or deleted: New statement – We are focused on and committed to hiring, retention, and being an employer of choice. Focus on recruitment and retention. Statement 9 - We will maintain a robust, transparent, and user-friendly public-facing website. Infrastructure – We have reliable, efficient and up-to-date infrastructure serving our residents, businesses and guests. The following Strategic Policy Statements were reworded, added or deleted: Statement 2 - We will ensure high quality, reliable, and sustainable electric distribution service. New statement – We partner with the three other owner communities to advance Platte River Power Authority towards our zero-carbon 2030 goal. New statement - We will ensure high speed, high quality reliable Trail Blazer Broadband service. Outstanding Community Services – Estes Park is an exceptionally vibrant, diverse, inclusive and active mountain in which to work, live and play, with housing available for all segment in our community. The following Strategic Policy Statements were reworded, added or deleted: Statement 6 – Replace with the following: We have an up-to-date Comprehensive Plan and Development Code that reflect the will of the community. Statement 9 from Robust Economy would be moved to the Outstanding Community Services outcome area. Public Safety, Health and Environment – Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. Staff would bring forward an implementation plan for the Environmental Sustainability Task Force recommendations at an upcoming study session with the intent to add objective(s) to the 2023 Strategic Plan. The following Strategic Policy Statements were reworded, added or deleted: Statement 1 – We will promote policies and take action that encourage environmental stewardship. DR A F T Page 11 Town Board Study Session Meeting – May 17, 2022 – Page 3 Statement 7 – We make data-driven decisions to improve and protect the quality of the natural environment. Robust Economy – We have a diverse, healthy year-round economy. The following Strategic Policy Statements were reworded, added or deleted: Statement 2 – We will create and sustain a favorable business climate. Statement 8 – After further discussion of the item, it was determined staff would review and consider a broader statement for the Board’s consideration. Town Financial Health – We maintain a strong and sustainable financial condition, balancing expenditures with available revenues. No changes were proposed for this outcome area. Transportation – We have safe, efficient and well-maintained multi-modal transportation on systems for pedestrians, cyclists, motorist and transit riders. No changes were proposed for this outcome area. There being no further business, Mayor Koenig adjourned the meeting at 6:55 p.m. Jackie Williamson, Town Clerk DR A F T Page 12 Town of Estes Park, Larimer County, Colorado, April 28, 2022 Minutes of a meeting of the Comprehensive Plan Advisory Committee of the Town of Estes Park. Meeting held via ZOOM in said Town of Estes Park on April 28, 2022. Committee: Chair Matthew Heiser, Vice-Chair Bob Leavitt, Members David Bangs, Charles Cooper, Eric Blackhurst, Kirby Nelson- Hazelton, John Schnipkoweit, Frank Theis, Karen Thompson, Rose Truman, David Wolf, David Shirk, Matt Comstock Also Attending: Community Development Director Jessica Garner, Larimer County Community Development Director Lesli Ellis, Trustee Barbara MacAlpine, Recording Secretary Karin Swanlund Absent: Thompson, Comstock Chair Heiser called the meeting to order at 9:00 a.m. APPROVAL OF MINUTES from April 14, 2022 The motion passed with a visual thumbs-up vote. PUBLIC COMMENT. None DISCUSSION: (for full comments, view the meeting recording) Member Nelson-Hazelton resigned from the Committee due to her recently becoming elected a Town Trustee. Her position on the Committee will remain unfilled. Director Garner stated that the Community Choices Survey is online and available until May 22. There is also an interactive map for the public to use. May 12 is the Community Engagement meeting in the Elementary School Gym at 5:30 p.m. There will not be a regular CompPac meeting that day. The hope is to have the May 26 meeting in person, in room 203 of Town Hall. Building goals and policies are the next steps, and significant engagement with stakeholders will be held for each of the “chapters.” There being no further business, Chair Heiser adjourned the meeting at 9:20 a.m. Karin Swanlund, Recording Secretary Page 13 Page 14 Town of Estes Park, Larimer County, Colorado, April 21, 2022 Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 21st day of April, 2022. Board: Chair Elliot; Vice-Chair Poggenpohl; Members Berry, Nelson- Hazelton, Papineau, and Wilcocks Attending: Chair Elliot; Vice-Chair Poggenpohl; Members Berry, Nelson- Hazelton, and Papineau; Trustee Cenac; Supervisor Berg; and Recording Secretary McDonald. Also attending was Dawn James (Vice-President & Treasurer, Estes Valley Watershed Coalition) Absent: Member Wilcocks Chair Elliot called the meeting to order at 8:32 a.m. PUBLIC COMMENT Recording Secretary McDonald shared that a resident had emailed requesting information on how to coordinate a memorial for the bull elk “Big Kahuna.” Supervisor Berg had advised her how to respond, and also had his own discussion with the resident. TRUSTEE LIAISON UPDATES Trustee Cenac congratulated Member Nelson-Hazelton on her election to the Town Board, and advised that the Town Board would appoint a new Trustee Liaison to the PAB after April 26. APPROVAL OF MINUTES DATED MARCH 17, 2022 It was moved and seconded (Poggenpohl/Nelson-Hazelton) to approve the March 17, 2022, meeting minutes with minor amendments, and the motion passed. Chair Elliot abstained due to absence from the March meeting. ARBOR DAY DISCUSSION Supervisor Berg advised that, if weather requires, the April 30 tree giveaway for Arbor Day would be moved from the Estes Valley Library walkway into the library foyer. The 350 trees will be arriving bare root. Member Nelson-Hazelton is creating a QR code of the CSFS Planting Guide’s Bare Root Sapling Guidance, to be printed on a handout for tree recipients. The limit is two trees per person, or more to accommodate a family. Trees remaining after the giveaway event can be donated to the Rotary Club, which is co- hosting the annual Spring Clean Up event that day; alternatively, the trees could be potted and planted in the Glen Haven fire area. It was agreed that it would be good to involve local students, particularly from Eagle Rock School, in any planting activities with remaining trees. WOMEN’S MONUMENT DONATION: DEACCESSIONING Supervisor Berg advised that, regarding the recent Women’s Monument Project (WMP) donation, he had learned from the Estes Valley Library (EVL) director that the EVL cannot display artwork it does not own. Rather than have the PAB vote twice on deaccessioning the Hondius sculpture, as required by the Art in Public Places (AIPP) guidelines, Vice- Chair Poggenpohl and Member Nelson-Hazelton moved to recommend deaccessioning the sculpture and donating it to the EVL, contingent upon the Town Board agreeing to relinquish ownership; the motion passed unanimously. Supervisor Berg advised that the requirement for a second vote by the PAB, in the matter of deaccessioning artwork, be removed from the AIPP guidelines during the next annual review, since the PAB’s second vote is irrelevant after the Town Board votes. 2022 INITIATIVES PLANNING Page 15 Parks Advisory Board – April 21, 2022 – Page 2 Chair Elliot advised that this planning document is an ongoing process for which no formal vote by the PAB is required. He noted Member Papineau’s suggested edits to the document as recorded in the March 17 minutes. ARTS MASTER PLAN UPDATES Vice-Chair Poggenpohl reported that Member Wilcocks was to be investigating local and in-house options for managing the Arts Master Plan (AMP), and that he himself was investigating outside consultant options and grant opportunities. The communities of Windsor and Frederick developed their AMPs with the help of the University of Colorado Denver’s Colorado Center of Community Development, but Vice-Chair Poggenpohl has not been offered university assistance. Trustee Cenac reminded the PAB that the Town Board will likely not fully support the AMP until the plan is complete and can be prioritized in the Town budget. Chair Elliot recommended that the Town Board would be more inclined to make decisions about supporting the AMP if they could review an official quote for the cost of outside services. It was agreed that Vice-Chair Poggenpohl and Member Wilcocks would present this cost information, along with grant funds potential, to the PAB in May, so that the Town Board could review before voting on the next budget. PARKS UPDATE Supervisor Berg explained the application from the Estes Valley Watershed Coalition (EVWC) to temporarily display a life-sized bear sign for wildlife awareness and education. Location options and installation guidelines for the sign were discussed, with the PAB agreeing that the sign would need to reflect some element of Town branding if it is displayed on Town property. The Community Development Department would determine the final location. Attendee James stated that the EVWC understands the requirement for Town branding on the sign; that an emergency contact should also be on the sign; and that, if deemed a successful effort, more signs like this could be donated in the future. Supervisor Berg advised that the PAB should eventually vote on a regular location for such similar signs in the future. Vice-Chair Poggenpohl and Member Papineau moved to recommend that the PAB approve this sign application, and the motion passed unanimously. The shelter skeleton of the Big Thompson Recreation Area is now up and stained, and the boulder should be placed on its foundation on April 25. The concrete placement is in phase 2, with rubber-matting or fall protection being laid around the boulder. Irrigation and tree planting are on schedule. The Thumb Open Space grand opening is planned for June 30 at the fairgrounds, and will include a Town Board ceremony and PAB reception for invited stakeholders. Seasonal hiring has been successful, with good returning staff and new applicants. OTHER BUSINESS The PAB agreed to start the May meeting at 8:00 a.m. to accommodate a 9:00 a.m. Town staff meeting time. Chair Elliot thanked Member Nelson-Hazelton for her dedicated service on the PAB. Member Papineau stated that her new employment may affect her PAB meeting attendance this summer. There being no further business, Chair Elliot adjourned the meeting at 9:15 a.m. /s/Lani McDonald, Recording Secretary Page 16 Town of Estes Park, Larimer County, Colorado, April 20, 2022 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of April, 2022. Board: Chair Morris; Vice-Chair Ekeren; Members Bernal, Finley, Gamble, Hanick, and Slack Attending: Chair Morris; Vice-Chair Ekeren; Members Bernal, Gamble, Hanick, and Slack; Managers Hook and Solesbee; Director Muhonen; Trustee Bangs; and Recording Secretary McDonald. Also attending were Matt Eisenberg, Stephen Phillips and Dana Klein (The Car Park), and Peter Gibbs (Resident) Absent: Member Finley Chair Morris called the meeting to order at 12:05 p.m. PUBLIC COMMENT Recording Secretary McDonald reminded the TAB of an April 5 email they received to provide input on the transportation portion of a community survey being prepared for Estes Forward. The survey—a project to aid in updating the Estes Park Comprehensive Plan—is currently live at engageestes.org. TRUSTEE LIAISON UPDATE Trustee Bangs advised that she is encouraging residents to serve on the TAB; her own position as Town Board Liaison will be reappointed after April 26, 2022. As program director for EVICS Family Resource Center, she may seek to present at the May 18 TAB meeting on trails use advocacy and outreach efforts. APPROVAL OF MINUTES DATED MARCH 16 & 24, 2022 It was moved and seconded (Slack/Gamble) to approve the March 16 and March 24, 2022, minutes, and the motion passed unanimously. PARKING & TRANSIT UPDATES Manager Solesbee’s parking updates commenced with thanking The Car Park’s outgoing general manager, Matt Eisenberg, and welcoming his successor, Dana Klein. The Town Board approved the 2022 Seasonal Paid Parking program and parking permit fee refinements at the April 12 Town Board meeting; one “flat-rate express pass” permit is on hold pending further discussion by the Downtown Parking Task Force (DPTF) in April as well as the TAB on May 19. The DPTF will also discuss, and prepare for the TAB, specific priorities about how parking revenues can be legally, efficiently and meaningfully spent. The June 16 TAB meeting will include a hands-on training on both the parking paystation and the mobile app. Manager Solesbee will host an information booth at the Estes Chamber’s upcoming event for lodging providers. Attendee Eisenberg reported that The Car Park is pleased with recruitment progress for 2-4 parking ambassadors and an administrative receptionist. Transit updates included the 2022 summer transit schedule, which runs May 27 through October 16, and is expected to offer the best service options since 2006; the provision of bike racks on all trolleys; the May 15 planned announcement of 2022 Bustang service, which will feature weekend-only service from Denver’s Union Station to the Visitor Center and into RMNP beginning May 28; the current fund designation for parking revenues, and the seeking of extra funding through the Town Board; the ending of the transit facility design process; and the possibility of charging stations for ebikes. In response to a question from Member Gamble, Manager Solesbee also indicated that an announcement regarding RMNP Hiker Shuttle service would likely be coming from RMNP in late April or early May. Page 17 Transportation Advisory Board – April 20, 2022 – Page 2 DOWNTOWN WAYFINDING PLAN (DWP) Manager Hook advised that the Downtown Wayfinding Plan (DWP) is being implemented and phased by the team. He delivered an abbreviated version of the April 21 community input meeting presentation, and TAB members were invited to provide their feedback on the wayfinding options boards. It was discussed that the gateway/monument signs featured in the presentation did not garner public support when the DWP was introduced in 2018. Manager Hook agreed to email the meeting flyer to the Estes Chamber this day to encourage the participation of downtown business owners. ENGINEERING UPDATES Manager Hook presented a bicycle use booklet that is out of print but provides A-Z safety guidance. The TAB circulated the booklet and agreed that it would good to have a localized version of this type of resource. The Fall River Trail (FRT) expansion plans are in final revision for bidding in May, and will be presented to the TAB in May; construction will begin in conjunction with RMNP’s July remodel of the Fall River Entrance. Graves Avenue Safe Routes to School (SRTS) involved the recent processing of easements and is planned for bid in June. Addendum 1 to the Trails Master Plan (TMP) was approved by the Town Board for the Estes Valley TMP. As part of the Elkhorn Lodge redevelopment, West Elkhorn Avenue had traffic problems that should ease next week, and the redesign of a retaining wall there is expected to be complete by Memorial Day. Two MMOF grant applications are in process and due in June: an infrastructure grant for a new segment of the FRT, and a planning grant for the Transportation Master Plan (TMP). ENGINEERING & ADMINISTRATION UPDATES Director Muhonen’s updates included the suggestion that CDOT could be invited to the TAB to discuss Final Office Review plans for the 34/36 overlay; the status of pothole repairs after a particularly damaging season; his request that CDOT provide the Town with greater access to controlling lane width and use on Big Thompson Avenue; CDOT’s lack of funds for increased curb and gutter work; whether CDOT is open to public feedback from the TAB regarding the expansion of bike lanes; and the need to complete pavement markings in a timely manner in a given area, regardless of project development schedules. Discussion points included the feasibility of recording traffic flow near Safeway this summer, to demonstrate the necessity of a left-turn lane; CDOT’s preference for roundabouts rather than traffic lights; the agreement with CDOT not to install mast arm luminaries at traffic signal poles during the Downtown Estes Loop (DEL) project, since the Town desires full illumination only where necessary; and options for the DEL schedule and budget in this time of rising prices, which could involve nighttime construction this summer rather than extending the construction over two summers. Direction Muhonen advised that the DEL has funds to begin now but requested that the TAB discern and express preference for a desired construction schedule. The CFL may send a proposal, before the May TAB, to amend the IGA; Trustee Bangs suggested that it would be more efficient to submit this as a Town Board Study Session, and possibly ask for public feedback prior to taking a proposal to the Town Board. OTHER BUSINESS None. There being no further business, Chair Morris adjourned the meeting at 2:07pm. /s/Lani McDonald, Recording Secretary Page 18 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Adam Edwards, Line Crew Supervisor Kevin McEachern, Operations Manager Date: June 14, 2022 RE: Amended Purchase Order 38555 for Sauber Three-Phase Reel Trailer, $123,401 - Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Amended PO QUASI-JUDICIAL YES NO Objective: Power and Communications staff seeks Town Board approval of the amended Purchase Order (PO) 38555 for the purchase of the Sauber three-phase supply reel trailer, which was originally presented to the Town Board on March 8, 2022 and was signed by Mayor Koenig. Present Situation: Power and Communications has budgeted for a new trailer which will handle our largest underground conductor (750 mcm), it has brakes, and pulling functions to ensure safe efficient tensioning of the powerlines. Unfortunately, the March 8, 2022 Town Board meeting approved a preliminary quote and the final quote was $15,457 higher, still within the $130,000 budgeted for 2022. This revised action item includes an additional $5,000 for contingencies in escalated fuel costs which could be reflected in freight costs. Quotes were received from three vendors and are as follows: Sauber Mfg. Co 10 North Sauber Rd Virgil, IL 60151-1000 (630) 365-6600 $118,401 Page 19 Sherman + Reilly, Inc. 400 West 33rd Street Chattanooga, TN 37410 (423) 756-5300 $145,829 Brooks Brothers Trailers 141 Francis Dr Troy, MO 63379 (866) 890-7341 $63,683 * *Note that the Brooks Brothers Trailers quote is low because they were not able to provide all the systems that were quoted by Sauber Mfg. Co. and Sherman + Reilly, Inc., nor does it include freight. Proposal: Staff recommends the approval of the amended Purchase Order 38555 plus $5,000 in freight contingencies. Advantages: • Power and Communications will be able to purchase the trailer as described in the valid quote, which allows for improved safety and efficiency, has superior quality and is best suited for our challenging terrain. Disadvantages: • None. Action Recommended: Power & Communications staff recommends approval of the purchase. Finance/Resource Impact: 502-7001-580.33-98 Power and Communications Fund $118,401 plus $5,000 in contingency; $130,000 in the approved budgeted. Level of Public Interest Low Sample Motion: This item will be on consent. If removed the following is a sample motion, I move for the approval of the amended PO for the three-phase reel trailer purchase. Attachments: 1. Amended Purchase Order 38555 Page 20 PURCHASE ORDER TOWN OF ESTES PARK P.O. BOX 1200 1 PAGE: 038555 P.O.NO.: ESTES PARK, COLORADO 80517 Phone (970) 586-5331 02/23/22 CHANGE # PATE: 1 DATE CHG: 03/30/22 TO : SAUBER MANUFACTURING CO. 10 N. SAUBER RD. SHIP TO: Town of Estes Park 615 ELM ROAD VIRGIL, IL 60182-0001 ESTES PARK, CO 80517 VENDOR NO. 698 DELIVER BY SHIP VIA F.O.B. TERMS 02 23 22 NET CONFIRM BY CONFIRM TO REQUISITIONED BY LIGHT & POWER EB H FOR JOE L FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT • • 5 2-7001-580.33-98 ITEM NO. AND DESCRIPTION *j******************************** * * CHANGE ORDER * * * * 1 .00 *j******************************** OEO 122 AUTO & TRUCK ITEMS VEHICLE & EQUIP PURCHASES 3-PHASE REEL TRAILER AS PER QUOTESC 11650 2 J 18401. 00 I A 060 122 AUTO & TRUCK ITEMS VEHICLE & EQUIP PURCHASES 3-PHASE REEL TRAILER PER QUOTESC 11650 UNIT COST .0000 1. 0000 SUB-TOTAL TOTlL AUTHORIZED BY _______________ _ REQ. DATE 02 23/22 EXTENDED COST .oo 18401.00 ]18401.00 ]18401.00 Attachment 1 Page 21 Page 22 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: June 14, 2022 RE: Appointments of Jessica Ferko and Mark Igel and Reappointment of Linda Hanick to the Transportation Advisory Board for terms expiring March 31, 2025. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the appointments and reappointment recommended by the interview committee for the Transportation Advisory Board. Present Situation: The Town Clerk’s Office advertised for vacant positions on the advisory board. Four applications were received and the interview committee, consisting of Trustees Hazelton and Martchink, conducted interviews on June 6 and June 7, 2022. Proposal: The interview committee recommends the appointments of Jessica Ferko and Mark Igel, and the reappointment of Linda Hanick to three-year terms expiring March 31, 2025. Advantages: Filling the positions would complete the nine-member advisory board. Disadvantages: If the appointments are not made, the positions would remain vacant until additional applications are received and interviews conducted. Action Recommended: Appoint Jessica Ferko and Mark Igel, and reappoint Linda Hanick to three-year terms expiring March 31, 2025. Page 23 Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointments of Jessica Ferko and Mark Igel, and the reappointment of Linda Hanick, to the Transportation Advisory Board for terms expiring March 31, 2025. Attachments: None Page 24 6/9/2022 Estes Valley Watershed Coalition Town Board Meeting June 14, 2022 Board of Directors Frank Theis, President Dawn James, Vice President & Treasurer Celeste Fraser, Secretary Jennifer Waters Rachel Ames Andy Ames Bob Leavitt Frank Lancaster Cindy Yeast Gordon MacAlpine Contract Staff Wilynn Formeller, Development & Program Coordinator Page 25 6/9/2022 Funding & Results 2022 $18K $255K To Date ~$40K 2021 $18K $149K $45K Base Funding Grants & Donations •Town of Estes Park •Estes Valley Fire Protection District •Bureau of Reclamation •Colorado Water Conservation Board •NOCO Fireshed Collaborative In Kind 2022 Funding Organizations •Northern Water •Sunrise Rotary •Larimer County •Village Thrift •Private Donors Maximizing Our Return On Investment 2022 Funding Year Project Update Thunder Mountain – Fire Mitigation Goals are the same as the Marys Lake Forest Health project. Phase I - Needs & Threats is completed and the landowners have been given the final recommendations. Next steps will be to coordinate a tree inventory and apply for funding. The FRWRM grant should open in August 2022 and is an opportunity. Approximately 500 acres assessed. Upper Big Thompson Biostabilization – Flood Restoration Efforts will increase wildlife habitat, bank stabilization, and river biodiversity. Remaining grant money will be used to cover the cost of a contractor to replace some of the plants that didn't survive. Grant completion in Sept 2022. Locations include 13 private landowners. Cheley Camp Adaptive Management – Flood Restoration Addressing the need to reconnect the floodplain, increase water, sediment, and wood storage capacities while locally raise shallow groundwater levels. This builds on the 2018 efforts to restore the Cheley beaver meadow by applying adaptive management approaches incorporating CSU findings. Currently collecting wildlife presence via game cameras. Marys Lake Forest Health Phase II – Fire Mitigation The goal is to protect the waterways and the water supply of the Estes Valley and the Colorado Front Range by addressing areas that have a high susceptibility to wildfire and directly impacting the water supply. Recent grants from Northern Water, Larimer County OEM, and the Village Thrift will help us meet our funding need for this project. Project Description Page 26 6/9/2022 Estes Valley CWPP Update – Wildfire Preparedness Working with EV Fire Protection District, the Town of EP, Larimer Co, and CO State Forest Service. The first draft review of the CWPP has been completed and community wide meetings with residents and HOA leaders. We are on track to finish the CWPP Update end of June. NOCO Fireshed Collaborative – Wildfire Outreach Living With Fire outreach video completed. The Town and EVWC completed the power line mitigation flyer and distributed to the EV community. Waste Management partnership to support wildfire mitigation efforts beginning July and ending in December with donated roll-off dumpsters to collect of slash, pinecones, and pine needles. Estes Valley Fire Protection District WiRē Project – Wildfire Preparedness EVWC is partnering with the EVFPD to provide a property assessment for roughly 1500 individuals in the Estes Valley. Surveys will also be sent to homeowners and results between the two will be compared by WiRē scientists. This will help us understand any communication gaps with wildfire education efforts and support targeted outreach. Wandering Wildlife Society – Wildlife Outreach Efforts to provide outreach to residents and visitors through monthly WWS Wildlife Talks, volunteer elk patrol during elk calving and rut season, bear aware signage downtown, climate change event, and wildlife projects such as fishing line collection, bluebird box builds, and working with the EP Middle School Environmental Club with story boards. 2022 Funding Year Project Update Continued Project Description We are pleased to work with and supported by …. Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: June 14, 2022 RE: Resolution 47-22 to Consider a New Hotel & Restaurant Liquor License Application for New Village Pizza Corporation dba New Village Pizza, 543 Big Thompson Avenue, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Hotel & Restaurant liquor license located at 543 Big Thompson Avenue, Estes Park, Colorado. Application filed by New Village Pizza Corporation. Present Situation: An application for a new Hotel & Restaurant liquor license was received by the Town Clerk’s office on May 6, 2022. 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. Proposal: To present the application for the Town Board’s review and consideration for a new Hotel & Restaurant liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the new Hotel & Restaurant Liquor License at 543 Big Thompson Avenue, Estes Park, Colorado, filed by New Village Pizza Corporation dba New Village Pizza. Page 33 Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor license is $1319. 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 Hotel & Restaurant Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 47-22. Attachments: 1. Resolution 47-22 2. Procedure for Hearing 3. Application 4. Individual History 5. Police Report Page 34 RESOLUTION 47-22 A RESOLUTION PERMITTING A NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR NEW VILLAGE PIZZA CORPORATION DBA NEW VILLAGE PIZZA WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on June 14, 2022 for a New Hotel and Restaurant Liquor License, filed by New Village Pizza Corporation dba New Village Pizza, 543 Big Thompson Ave, Estes Park, Colorado; and WHEREAS, C.R.S. §44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Hotel and Restaurant Liquor License, filed by New Village Pizza Corporation dba New Village Pizza, 543 Big Thompson Ave, Colorado is hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 35 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 New Village Pizza Corporation dba New Village Pizza for a new Hotel and Restaurant Liquor License located at 543 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 May 6, 2022.  At a meeting of the Board of Trustees on May 24, 2022, the public hearing was set for 7:00 p.m. on Tuesday, June 14, 2022.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.50 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Corporation.  The property is zoned CO – Commercial Outlying which allows this type of business as a permitted use.  The notice of hearing was published on May 27, 2022 .  The premises was posted on May 25, 2022 . Attachment 2 Page 36 2  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: 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: I move that Resolution XX-22 be approved/denied for a new Hotel and Restaurant liquor license for New Village Pizza Corporation dba New Village Pizza located at 543 Big Thompson Avenue, Estes Park, Colorado. Page 37 DR8404 (12/29/21} COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application D New License fKj New-Concurrent D Transfer of Ownership D State Property Only D Master file •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: SBG.Colorado.gov/Liquor 1. Applicant is applying as a/an D Individual D Limited Liability Company D Association or Other 'J1 Corporation D Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. mcav an v; \(;isiLC; i�,�i-i'.p�least 2 partner's names; if corporation, name of corpora tion 2a!iil�me Jf;ir�entf�t�Cf 3. fo,8dfj5AOf P��ses (specify exac t loca tion of premises, in.elude suite/unit numbers)7 -i ) I), 'Tho Mf1. uf\ /WC-City / ·1-, 1 1 I you nty , '? r V? l.-\.,1 -1 L,. CH ' f",(rf ---- -Ir,; •• 6. If th e premises cu rrently has a li quor or beer license, you must answer the following questionsPrP"Pnt Trade N.ame nf F!'\l;:ihlishmP.nt tnRA\ PrP.!'\P.nt State Licen!':e NumhP.r Pr esent C:l::i"" nf I irP,nSj!Pres ent Expi ration Dat e Section A Nonrefu ndable Appli cati on Fees• S ecti on B (Cont.} Liquor License Fees* D Application Fee for New License ............................................ S1, 100.00 D Liquor-Lice nsed Drugstore (County) .................................................. $312.50 � Application Fee for New License w/Concurrent Review ............ $1,200.00 D Lodging & Entertainment-L&E (City) ................................................. $500.00 D Application Fee for Transf er ................................................... $1, 100.00 D Lodging & Entertainm ent-L&E (County) ........................................... $500.00 Section B Liquor License Fees* D Manager Registration -H & R ................................................................ $75.00 1-=:.:.:.:.:..:..:..-=---------------.:.......::�-------1 0 Add Optional Premises to H & R ......... $100.00 X ___ Total __ _D Manager Registration -Tavern ............................................................... S75.00 D Manager Registration -Lodging & Ente rtainment ... ............................. $75.00 □Add Relat ed Facility to Resort Complex$7 5.00 X Total___ □ M R · t 1· c L . C I S75 00 an ager eg1s ra 10n -am pus 1quor omp ex . .. .. .... .. .. .. .. . .. ........ ... . D Add Sidewalk Service Ar ea .................................................................... S75.00 0 Optional Premises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ s3o3.75 0 Optional Pr emises License (County) ................................................... $500.00 D Arts Lice nse (County) .......................................................................... $308.75 0 Racetrack Licens e (City) ....................................................................... $500.00 0 Beer and Wine License (City) .............................................................. S351.25 O Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 O Resort Complex License (City) ............................................................. $500.00D Brew Pub Licens e (City) .................................................................... $75o.oo O Resort Complex License (County) ....................................................... S500.00D Brew Pub License (County) ................................................................. S750.00 0 R elated Facility-Campus Liquor Complex (City) .............................. S160.00D Campus Liquor Complex (City) ........................................................... s5oo.oo D Related Facility-Campus Liquor Compl ex (County) ........................ $160.00D Campus Liquor Complex (County) ..................................................... s5oo.oo O Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Campus Liquor Complex (State) ......................................................... S5oo.oo O Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 0 Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County) ........................................................................ s3o3.75 0 Retail Liquor Store License -Additio nal (City) ...................................... $227.50 D Distillery Pub License (City) ................................................................. s 75o.oo O Retail Liquor S tore Licens e-Additional (County) ................................ $312.50 D Distillery Pub License (County) ........................................................... $750.00 0 Retail Liquor Store (City) ....................................................................... $227.50� Ho tel and Restaurant License (City) ................................................... $500.00 O Retail Liquor Store (County) ................................................................. $312.50 D Hotel and R estauran t License (County) ............................................ S500.00 O Tavern License (City) .......................................................................... $500.00D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 O Tavern License (Cou nty) .................................................................... $500.00 0 Hotel and Restauran t License w/on e op t premises (County) ............ $600.00 O Vintners Restauran t License (City) ...................................................... $750.00D Liquor-Licensed Drugstore (City) ....................................................... $227·50 0 Vintners R estaurant License (County) ................................................. $750.00 *Note that the Division will not accept cash Questions? Visit: SBG. Colorado.gov/Liquor for more information Do not write in this space - For Department of Revenue use only Liability Information License Accoun t Number Li ability Dat e Lice nse Iss ued Through (Expiration Da te) Total $ Attachment 3 Page 38 oRs4o4 (12129121) Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant�-All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorfor more information Items submitted olease check all aoorooriate boxes comoleted or documents submitted I. Applicant information � A. Applicant/Licensee identified l«I B. State sales tax license number listed or applied for at time of application �C. License type or other transaction identifiedD D. Return originals to local authority (additional items may be required by the local licensing authority) [Kl E. All sections of the application need to be completedD F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re tail License Application II.Diagram of the premisesD A. No larger than 8 1/2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, IV/I walls, entry/exit points, etc.)D C. Separate diagram for each floor (if multiple levels)D D. Kitchen -identified if Hotel and RestaurantD E. Bold/Outlined Licensed Premises Ill. Proof of property possession (One Year Needed) D A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk 1K] 8. Lease in the name of the applicant (or) (matching question #2) D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D.Other agreement if not deed or lease. (matching question #2) IV.Background information (DR 8404-1) and financial documents Ill A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) � B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: ldentoGO -https://uenrol/.identogo.com/ Phone: 844-539-5539 (toll-free) Colorado Fingerprinting -http://www.coloradofingerprinting.com Appointment Scheduling Website: http:llwww.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 Toll Free: 833-224-2227 Details about the vendors and fingerprinting in Colorado can be found on CBl's website here: NA□ https:l/cbi.colorado.gov/sectionslbiometric-identification-and-records-unitlemployment-and-background-checks C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license !Jt/,f □ D. List of all notes and loans (Copies to also be attached) V.Sole proprietor/husband and wife partnership (if applicable)□A. Form DR 4679 [Kl B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI.Corporate applicant information (if applicable) 00 A. Certificate of Incorporation @ B. Certificate of Good Standing �C. Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable)lll/2 □ A. Partnership Agreement (general or limited).'II □ B. Certificate of Good Standing VIII.Limited Liability Company applicant information (if applicable) [al A. Copy of articles of organization [!I B. Certificate of Good Standing IV/, □ C.Copy of Operating Agreement (if applicable)N/A □ D. Certificate of Authority if foreign LLC (out of state applicants only) IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this applicationD A. $75.00 feeD B. Individual History Record (DR 8404-1) [JJ C. If owner is managing, no fee required 2 Page 39 DR 8404 (12129/21) Name \/,l(�� (Ji'i 2-°'-.I Type of License I Account Number IVW 7. Is the ap plicant (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 corporation) or managers ever (in Colorado or any other state):a. Been denied an alcohol beverage license?□I!]b.Had an alcohol beverage license suspended or revoked?□[gc.Had interest in another entity that had an alcohol beverage license suspended or revoked?□[ilIf you answered yes to 8a, b or c, explain in detail on a separate sheet. 9. 10. 11. 12. 13 13 14. 15. 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. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of □[l]Colorado law, or the principal campus of any college, university or seminary? or Waiver by local ordinance? □ □ Other: N/# 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 measurementthat begins at the princip al 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. "l//1-Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales 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 LLDS/RLS premises for which the application is being made and ends at the principal □ □ doorway of the Licensed LLDS/RLS. 1//'II a.For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016?111;�00 □ b.Are you a Colorado resident?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 Comp any; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. Does the app licant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement? D Ownership $-tease D Other (Explain in Detail) a.If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: l«1 □ □ � □ Landlord 'Te nant !Vtw V•. I 1U{f-t,, !pt� �TecJ\111 v;II� �w.·n'( Cef"tfff U,-l P.l� b. Is a percentage of alcohol sales included as compensation 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 if necessary.Last Name First Name Date of Birth FEIN or SSN lnteresUPercentage Last Name NIA First Name Date of Birth FEIN or SSN lnteresUPercentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sates, giving of advice or consultation. 17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises:□ □ Has a local ordinance or resolution authorizing op tional premises been adopted?Number of additional 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 fromthe local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, orother legal permissions. 19.Liquor Licensed Drugstore (LLDS) ap plicants, answer the following: a.Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? □[tJIf "yes" a copy of license must be attached. 3 Page 40 DR 8404 (12/29121) N/Vt'1f' V ,' Hu-'ft:., (.tz,,z., u--I Type of License Account Number 20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a.Is the applicant organization operated solely for a national, social, fraternal, 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 fraternal organization or society, but not for pecuniary gain?#//.!-c. How long has the club been incorporated?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 Vintner'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 applicants answer the following: a. Is the applicant an institution of higher education?□� 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. 23.For all on-premises applicants. a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit anIndividual History Record -DR 8404-1 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 Permit Application -DR 8000 and fingerprints. Last Name of Manager 5°Gt(\ Oh,(} z. I FirlJ,/$� of Manager 24.Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No Colorado? If yes, provide name, type of license and account number.□[E 25.Related Facility -Campus Liquor Complex applicants answer the following: □ □ 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. N/1/-If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex.b. Designated Manager for Related Facility-Campus Liquor ComplexLast Name of Manager I 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 thepayment 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 lo section44-3-503, 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 8404-1 (Individual History Record), and make an appointment with an approvedState Vendor through their website. See application checklist, Section IV, for details.,;;t Home Address, City & State .. Position %Owned 1u�:c., s'a� 1"'11 Sulott1ori 0( O,,Jn-e( ,w Name Home Address, City & State Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %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 total ownership percentage disclosed here does not total 100%, applicant must check this box: D Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in aprohibited liquor license pursuant to Article 3 or 5, C.R.S. 4 Page 41 DR 8404 {12129/21) 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 b est of my knowledge. I also acknowle dge that it is my responsibility and the responsibility of my agents and employ ees to comply with th e provisions of the Colorado Liquor or Beer Code which affect my license. �4re _ ,� ...l<J�'Z..... I Printed Name and Title fJ,/n -r c.cr.' vt ��1: (}l,lnv/ Date ti/. O'I lZ. Report and Approval of Local Licensing Authority (City/County) Date applicat5n /� f �l;,;_authority I Dat e of local authority hearing (for new license applicants; cannot be less than 30 days from date of application) (.p \ L'"' l 1' �-a.. The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: D Fing erprinted D Subject to background inv estigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) D Date of inspection or anticipated date D 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 pr emises sales in a jurisdiction with a population of> 10,0000?□ □ □Is the Liquo r Licensed Drugstor e(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 premisesfor which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. D Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived □ □ from th e sale of food, during the prior twelve (12) month period? The foregoing application has been examined; and the premises, business to b e conduct ed, 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 d esires 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 I Tel ephone Number I D Town, City D Countv Signature Print Title Date Signature Print Title Date 5 Page 42 DR 8495 (07/23119) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, !He C(_ \otg'vt_ � � 1_ am si9.nin,9 thl, Ta x Che9is.Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of IV (;V V1 lu,.r � 011'½ (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 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, 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 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. 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) ,11ci,1 v;1�-c if).'2,i- Address 6'13 8;1 -, ho��o n /}v-t Home Phone Number • - . � u,· I��•· Business/Work Phone Number �o §�G fCf?- Privacy Act Statement ntification Number 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 uses§ 552a (note). Page 43 2 :3 — Z- % (\ C’ ,r 4 Page 44 DR 8494-1 (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "NIA". 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) uW f v.�nr�,-� �.zzc._ Home Phone Number l'tur�� Cf?-/(�n�f. (la"1diddlr&<D,� �ailr1;,d:ess �Zro from resid ence) 3.List any other names you have used ., til A�dress [ l1{$@ f � UJ(l."a.a., t,,f,... Mee-, • c.c,.--i 5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From To Current C)r. f.ll«Pad,t. a, �S"l1 toi1 Pr�1 Z.1-3 �,lo ,icn'' ii.tr ':J ;ein+ rr� ''"· €%� @t(l�� eo-St-=f 20,i 2.0l.( 6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To &ss �q(� 8 C:: ( 1lio�: 'l t:. 1+✓c. � 2.010( f'("t:/l(j' �ew v.'ll"' 1e-"•'22� 5'1'3 B/� Tu�()f"'l AYt:. � 2.o � 1 frt»N" 7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee NA 8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, □Yes 1)0 Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) 9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes �Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) Attachment 4 Page 45 DR 8404-1 (03/20/19) 1 0. 1-iave 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.) OYes �No 11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.)OYes !l]No 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)OYes Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information re uired in uestion #13 is solel for identification ur oses. No 12�Birt�(H OJfd�d.U.S.Citizen �Yes 0No f.When p. Gender � 14.Financial Information. g.Name of District Court q. Do you have a c []1,Yes 0No -I I. -. -... - • ? If so'la;;u';;J". and state. State (�{) a. Total ourc�e price or inv�stment being made by the applying entity, corporation, partnership, limited liability company, other. $ $0 I hovS�-1' d_ b. List the total amount of the personal investment , made by the person listed on question #2, in th�business including any notes, loans, cash, services or equipment, operating capital, stock purchases or f�es paid. $ __ Cl-=----------- *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) Account Type Bank Name Amount 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 Loans Account Type Cash �v."n� e.Loan Information (Attach copies of all notes or loans) Name of Lender Address Bank Name Amount Term Security Amount Page 46 TOWN OF ESTES P� May 7, 2022 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 Dear Ms. Williamson: RE: New Village Pizza Sanchez, Alex Tapia A check of the Estes Park Police Department local records on the above business and individual was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the update. There are no criminal reports naming this individual. There are no reports involving the business in the past year. r-z Corey P. Pass Interim Chief of Police, Estes Park Police Department 170 MACGREGOR A VE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org Police Department Wes Kufeld, Chief of Police 970-586-4000 www.estes.org/pd Attachment 5 Page 47 Page 48 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: June 14, 2022 RE: Resolution 48-22 to Consider a New Lodging & Entertainment Liquor License Application for Fall River Village LLC dba Fall River Resort – Skyview at Fall River Village, 278 Sunny Acres Court, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Lodging & Entertainment liquor license located at 278 Sunny Acres Court, Estes Park, Colorado. Application filed by Fall River Village LLC. Present Situation: An application for a new Lodging & Entertainment liquor license was received by the Town Clerk’s office on April 27, 2022. 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. Proposal: To present the application for the Town Board’s review and consideration for a new Lodging & Entertainment liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Page 49 Approval of the new Lodging & Entertainment Liquor License at 278 Sunny Acres Court, Estes Park, Colorado, filed by Fall River Village LLC dba Fall River Resort – SkyView at Fall River Village. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Lodging & Entertainment Liquor license is $1319. 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 Lodging & Entertainment Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 48-22. Attachments: 1. Resolution 48-22 2. Procedure for Hearing 3. Application 4. Individual History 5. Police Report Page 50 RESOLUTION 48-22 A RESOLUTION PERMITTING A NEW LODGING & ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR FALL RIVER VILLAGE LLC DBA FALL RIVER RESORT – SKYVIEW AT FALL RIVER VILLAGE WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on June 14, 2022 for a New Lodging & Entertainment Liquor License, filed by Fall River Village LLC dba Fall River Resort – SkyView at Fall River Village, 278 Sunny Acres Court, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Lodging & Entertainment Liquor License, filed by Fall River Village LLC dba Fall River Resort – SkyView at Fall River Village, 278 Sunny Acres Court, Colorado is hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 51 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 Fall River Village LLC dba Fall River Resort – SkyView at Fall River Village for a new Lodging & Entertainment Liquor License located at 278 Sunny Acres Court, 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 April 27, 2022.  At a meeting of the Board of Trustees on May 24, 2022, the public hearing was set for 7:00 p.m. on Tuesday, June 14, 2022.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.4 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned CO – Commercial Outlying which allows this type of business as a permitted use.  The notice of hearing was published on May 27, 2022 . Attachment 2 Page 52 2  The premises was posted on May 26, 2022 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: 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: I move that Resolution XX-22 be approved/denied for a new Lodging & Entertainment liquor license for Fall River Village LLC dba Fall River Resort - SkyView at Fall River Village located at 278 Sunny Acres Court, Estes Park, Colorado. Page 53 DocuSign Envelope ID: B2699D0D-A266-445C-B664-8D11 B02F0AFA DR 8404 (12/29/21) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application D New License � New-Concurrent D Transfer of Ownership D State Property Only D Master file •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: SBG.Colorado.gov/Liquor 1. Applicant is applying as a/an D Individual � Limited Liability Company D Association or Other D Corporation D Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation Fall River Village, LLC 2a. Trade Name of Establishment (OBA) Fall River Resort -SkyView at Fall River Village (970)325-6864 3.Address of Premises (specify exact location of premises, include suite/unit numbers) 278 Sunny Acres Court City County State ZIP Code Estes Park 4.Mailing Address (Number and Street)City or Town 333 E Wonderview Ave 5.Email Address Larimer Estes Park co 80517 State ZIP Code co 80517 elund@stanleyhotel.com, jcullen@grandheritage.com 6.If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (OBA) Present State License Number Present Class of License Present Expiration Date N/A N/A N/A N/A Section A Nonrefundable Application Fees* D Application Fee for New License ............................................ $1, 100.00 � Application Fee for New License w/Concurrent Review ............ $1,200.00 D Application Fee for Transfer ................................................... $1,100.00 Section B Liquor License Fees* D Add Optional Premises to H & R ......... $100.00X ___ Total __ _ D Add Related Facility to Resort Complex$75.00 X ___ Total __ _ D Add Sidewalk Service Area .................................................................... $75.00 D Arts License (City) ................................................................................ $308.75 D Arts License (County) .......................................................................... $308.75 D Beer and Wine License (City) .............................................................. $351.25 D Beer and Wine License (County) ........................................................ $436.25 D Brew Pub License (City) .................................................................... $750.00 D Brew Pub License (County) ................................................................. $750.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Club License (County) ........................................................................ $308.75 D Distillery Pub License (City) ................................................................. $750.00 D Distillery Pub License (County) ........................................................... $750.00 D Hotel and Restaurant License (City) ................................................... $500.00 D Hotel and Restaurant License (County) ............................................ $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 Section B (Cont.) Liquor License Fees* D Liquor-Licensed Drugstore (County) .................................................. $312.50 IBl Lodging & Entertainment -L&E (City) ................................................. $500.00 D Lodging & Entertainment -L&E (County) ........................................... $500.00 D Manager Registration - H & R ................................................................ $75.00 D Manager Registration -Tavern ............................................................... $75.00 D Manager Registration -Lodging & Entertainment... ............................. $75.00 D Manager Registration -Campus Liquor Complex ............................... $75.00 D Optional Premises License (City) ......................................................... $500.00 D Optional Premises License (County) ................................................... $500.00 D Racetrack License (City) ....................................................................... $500.00 D Racetrack License (County) ................................................................. $500.00 D Resort Complex License (City) ............................................................. $500.00 D Resort Complex License (County) ....................................................... $500.00 D Related Facility -Campus Liquor Complex (City) .............................. $160.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Related Facility -Campus Liquor Complex (State) ............................ $160.00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Retail Gaming Tavern License (County) .............................................. $500.00 D Retail Liquor Store License--Additional (City) ...................................... $227.50 D Retail Liquor Store License-Additional (County) ................................ $312.50 D Retail Liquor Store (City) ....................................................................... $227.50 D Retail Liquor Store (County) ................................................................. $312.50 D Tavern License (City) .......................................................................... $500.00 D Tavern License (County) .................................................................... $500.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Vintners Restaurant License (County) ................................................. $750.00 *Note that the Division will not accept cash Questions? Visit: SBG. Colorado.gov/Liquor for more information Do not write in this space -For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total $ Attachment 3 Page 54 DocuSign Envelope ID: B2699D0D-A266-445C-B664-8D11 B02F0AFA oRs4o4(12129121 l Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Vi sit: SBG.Colorado.gov/Liquorfor more information Items submitted please check all appropriate boxes completed or documents submitted I.Applicant information□A. Applicant/Licensee identifiedD B. State sales tax license number listed or applied for at time of applicationD C. License type or other transaction identifiedD D. Return originals to local authority (additional items may be required by the local licensing authority)D E. All sections of the application need to be completedD F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re- tail License Application II.Diagram of the premisesD A. No larger than 8 1 /2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) □C. Separate diagram for each floor (if multiple levels)□D. Kitchen -identified if Hotel and Restaurant□E. Bold/Outlined Licensed Premises Ill. Proof of property possession (One Year Needed) □A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County ClerkD B. Lease in the name of the applicant (or) (matching question #2)D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D. Other agreement if not deed or lease. (matching question #2) IV. Background information (DR 8404-1) and financial documentsD A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) □B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: ldentoGO -https:lluenro/1.identogo.coml Phone: 844-539-5539 (toll-free) Colorado Fingerprinting -http://www. coloradofingerprinting. com Appointment Scheduling Website: http://www. coloradofingerprinting. com/cabs/ Phone: 720-292-2722 To ll Free: 833-224-2227 Details about the vendors and fingerprinting in Colorado can be found on CBl's website here: https:l/cbi.co/orado.gov/sections/biometric-identification-and-records-unitlemployment-and-background-checks □C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license□D. List of all notes and loans (Copies to also be attached) V.Sole proprietor/husband and wife partnership (if applicable)D A. Form DR 4679D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI.Corporate applicant information (if applicable)D A. Certificate of Incorporation□B. Certificate of Good Standing□C. Certificate of Authorization if foreign corporation (out of state applicants only) VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).D B. Certificate of Good Standing VIII.Limited Liability Company applicant information (if applicable)D A. Copy of articles of organizationD B. Certificate of Good StandingD C. Copy of Operating Agreement (if applicable)□D. Certificate of Authority if foreign LLC (out of state applicants only) IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this applicationD A. $75.00 feeD B. Individual History Record (DR 8404-1)D C. If owner is managing, no fee required 2 Page 55 DocuSign Envelope ID: B2699D0D-A266-445C-B664-8D11 B02F0AFA DR 8404 (12/29/21) Name I Type of License I Account Number Fall River Village, LLC Lodging & Entertainment 7.Is 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 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 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. 10. 11. 12. 13 13 14. 15. 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. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? Waiver by local ordinance? Other: 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 . Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales 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 LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. a. For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016? b. Are you a Colorado resident? Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement? � Ownership D Lease D 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 I Te nant Expires b.Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. Yes □ □ □ □ □ □ or □ □ □ □ IRl IRl IRl □ 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". No IRl IRl IRl IRl IRl IRl □ IRl IRl □ □ □ □ □ 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 if necessary. Last Name First Name Date of Birth FEIN or SSN Interest/Percentage N/A Last Name First Name Date of Birth FEIN or SSN Interest/Percentage N/A Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises:□ □ Has a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested. (See license fee chart) I 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 governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, orother 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 applicant's LLDS premise? □ □ If "yes" a copy of license must be attached. 3 Page 56 DocuSign Envelope ID: B2699D0D-A266-445C-B664-8D11 B02F0AFA DR 8404 (12/29/21) Name I Type of License Account Number Fall River Village, LLC Lodging & Entertainment 20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a.Is the applicant organization operated solely for a national, social, fraternal, 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 fraternal organization or society, but not for pecuniary gain? c. How long has the club been incorporated? 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 Vintner'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 applicants answer the following: a.Is the applicant an institution of higher education? □ □ 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. 23. For all on-premises applicants. a.Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record -DR 8404-1 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 Permit Application -DR 8000 and fingerprints. Last Name of Manager I First Name of Manager Maracotta Richard 24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No Colorado? If yes, provide name, type of license and account number.□� 25.Related Facility -Campus Liquor Complex applicants answer the following:□ □ 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 Related Facility-Campus Liquor Complex Last Name of Manager I 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 8404-1 (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 John W. Cullen, IV 39 Bay Drive, Annapolis, MD 21403 Name Home Address, City & State Name Home Address, City & State JWC Stanley Mezz Borro wer, LLC 333 E Wonderview Ave, Estes Park,CO Name Home Address, City & State John W. Cullen, IV DESIGNATED PRINCIPAL OFFICER Name Home Address, City & State ---lPosition Manager DOB Position DOB Position DOB Position Manager DOB Position ** If applicant is owned 100% by a parent company, please list the designated principal officer on above. %Owned %Owned %Owned 100 %Owned %Owned ** Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include 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 Article 3 or 5, C.R.S. 4 Page 57 DocuSign Envelope ID: B2699D0D-A266-445C-B664-8D11 B02F0AFA DR 8404 (12/29/21) Name I Type of License I Account Number Fall River Village, LLC Lodging & Entertainment 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. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Color9do Liauol.9.r Beer Code which affect my license. lttJ;� ��a�) IV I Printed Name and Title Date John W. Cullen, IV, Manager 4/25/2022 -A849D877047E4CD ... Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority I Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application) The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: D Fingerprinted D Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) D Date of inspection or anticipated date D 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 premisesfor 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 applicant's 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 !Telephone Number I D Town, City D Countv Signature Print Title Date Signature Print Title Date 5 Page 58 DocuSign Envelope ID: B2699D0D-A266-445C-B664-8D11 B02F0AFA DR 8495 (07 /23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, John W. Cullen, IV am signing this Ta x Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of Fall River Village, LLC (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 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, 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 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. 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) Social Security Number/Tax Identification Number Fall River Village, LLC Address City Estes Park Home Phone Number 333 E Wonderview, Ave State Zip co 80517 Business/Work Phone Number 970-325-6864 Date si9Pr�2..,__,,__ ... 4��2 13118C4F4FCC4EA Privacy Act Statement Providing your Social Security Numoer is voruhtary 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 uses§ 552a (note). Page 59 EgbO 4- aC.’w00U4 - I nIi Co z Page 60 D m z1 ( t0 m 0 0• 0 0 9 0 0 0 Q () 1 n -. 3 c o Page 61 I d , C D c: i CD 0 m U,CD 0 (D 0 3 a ,C Page 62 DocuSign Envelope ID: F39E5B0D-5E1C-4443-B165-D638644A9ED3 DR 8404-1 (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1.Name of Business Home Phone Number 'Cellular Number Fall River Village, LLC 410-585-4300 2.Your Full Name (last, first, middle) 3.List any other names you have used Cullen, John, Wesley John W. Cullen, IV 4. Mailing address (if different from residence) Email Address 333 E Wonderview Ave, Estes Park, CO 80517 jcullen@grandheritage.com 5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From To Current 39 Bay Drive Annapolis, MD 21403 01/01/96 04/25/22 Previous 6.List all employment within the last five years. Include any self -employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To Grand Heritage Hotel Group 333 E Wonderview Ave Owner 01/01/97 04/25/22 7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee N/A 8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, �Yes □Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) JWC Stanley Holding, LLC holds the liquor license for the Stanley Hotel, located at 333 E Wonderview Ave, Estes Park, Colorado 80517. John Cullen is President and Manager of JWC Stanley Holding, LLC. Liquor License Number: 12-72337-0000 9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes �Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) Attachment 4 Page 63 DocuSign Envelope ID: F39E5B0D-5E1C-4443-B165-D638644A9ED3 DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeitedbail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of adeferred sentence? (If yes, explain in detail.) 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) Personal and Financial Information □Yes l&l No □Yes l&l No □Yes �No Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reouired in auestion #13 is solely for identification ourooses. .c.Place of Birth f. When Cleveland, Ohio g. Name of District Court I d.U.S. Citizen �Yes 0No h. Naturali zation Certificate Number i. Dat e of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent R esidence Card Number •1m.Weight1n·---ta ,p.Ge�=�e I q. Do you have a current Driver's Licens e/ID? If so, give number and state.� Yes D No State Maryland 14.Financial Information.a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 46,500,000 b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 0 *If corporate investment only please skip to and complete section (d) ** Section b should reflect the total of sections c and ec. 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 Bank Name Amount d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount See Attached e.Loan Information (Attach copies of all notes or loans) Name of Lender Add ress Term Security Amount Oath of Applicant ·urv that this annlication and all attachments are true correct and comolete to the best of mv knowledae.( J'{;j)_,z G Sig�e � /JJA I Print SiWature 'Titl e 'Date John . ullen, IV Manager 4/26/202 ,w ,-o-1,.-,1""'--A849D877047E4CD ... Page 64 Attachment 2.1 Reference Individual History Record (DR 84041) for John W. Cullen, IV 14.d. -Details of Corporate Investment described in 14(a) Organizational Structure: JWC Stanley Mezz Borrower, LLC (Manager: John W. Cullen, IV) is the 100% owner of: Fall River Village, LLC (Manager: John W. Cullen, IV JWC Stanley Holding, LLC (Manager: John W. Cullen, IV) Fall river Village, LLC has the following loans (Details of the loans and the security for said loans can be found in the Resolutions of Sole Manager and Independent Managers of JWC Stanley Mezz Borrower, LLC, a Delaware Limited Liability Company Acting Without a Meeting, dated December 2021 and attached hereto): Loan of $27,000,000.00 from American Equity Investment Life Insurance Company to Fall River Village, LLC and the loan is secured by a Deed ofTrust on Fall River Village recorded in Larimer County at Reception No. 20220001244. Loan of $24,300,000.00 (of which $19,500,000 was used toward the purchase price from Rocky Mountain 2Pack Mezz Lender, LLC, a Delaware LLC to JWC Stanley Mezz Borrower, LLC. JWC Stanley Mezz Borrower is the 100% owner of Fall River Village, LLC and the loan is secured by a Deed of Trust on Fall River Village recorded in Larimer County at Reception No. 20220001258. Both loans are further secured by Cross Collateral Agreement with the Stanley Hotel properties, recorded in Larimer County at Reception No. 20220001246 Page 65 DR 8404-i fQ32019) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Divsbn (303)205230Q 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 mote of the partnership;alt principal officers of a corporation,all directors of a corporation,and any stockholder of a corporation owning 10%or mote of the outstanding stock;managing members or officers of a limited liability company, and members owning 10°k 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.fPlease attach a separate sheet if necessary to enable you to answer questions completely) 1.Name of Business Home Phone Number Cellular Number Fall_River_Village,_LLC 2.Your Full Name (last,frst,middle.)3.List any other names you have used Maracotta,Richard Nicholas NA 4.Mailing address (tf different from residence)Email Address 200 Filbey Court Estes Park,CO 80517 rrnaracotta@stanleyresidences.com 5.List current residence address,Include any previous addresses within the last five years.(Attach soparate sheet if necessary) Street and Number City,State,Zip From To Current 200 Filbey Ct Estes Park,CO 80517 01/22/22 03/31(22 Previous 17028 Amity Dr DeRvood,MD 20855 07/01/16 12/27/21 6.List all employment within the last five years.Include any selfemployrnent.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip) I Position Held From To Fall River Village 278 Sunny Acres Ct,Estes Park,00 80517i Manager 12/21/22 03/31/22 Herons Cove Condominium 8folGeorgia Ave Silver Spring MD 2091Q Manager 01/15/15 ] 12115/21 7.Ust the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money,r1furniture,fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)i Yes No Name of Relative none Relationship to You Position Held Name of Licensee 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.)U Yes No Page 66 DR 8404-i 103/2019) 10.Have YOU OVOt 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?(It yes,explain in detail.)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 vi No 12.Have you ever had any professional license suspended,revoked,r denied?(If yes,explain in detail.)DYes No Personal and Financial 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,Oats of Birth b.Social Security Nurr’hr c.Place of Birth d.U,S.CiLzen ‘‘es UNO e,If Naturalized,state where 1,When —g.Name of District Court h.Naturalization Certificate Number i.Date o Certification j.IfanAlien.GiveAlien’s Registration Card Number k.Permanent Residence Card Number I.Height -n.Weight n.Hair Color o.Eye Color p.Gender q.Do you have a current Drivr’s License/ID?iso,give nun’ber and state. 6 { 249 brown brown Male ‘i’es U No 1,—State MD 14.Financial Information. a.Total purchase price or investment being made by the applying entity,corporation,partnership,limited liability company,other. h.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 lees paid.$0 __________________________ *If corporate investment only please skip to and complete section (cI) Section b should reflect the total of sections c and e c.Provide details of the personal investment described iii 14b.You must account for all of the sources of this investment, (Attach a separate sheet if needed) ___ [__ Type:Cash,Services or Equipment Loans Account Type Bank Name Amount NA e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security f Amount NA - Type:Cash,Services or Equipment NA Account Type Bank Name Amount U.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) -‘Oath of Applicant I declar,e und&pr1 ç erirv that tis application and all attachments are true,correct,and complete to the best of my knowledge. Auth ‘gnat ‘Print Signature Title Date Richard N.Maracotta Manager 03/31/22 I 1/Page 67 TOWN OF ESTES P� May 7, 2022 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 Dear Ms. Williamson: RE: Skyview at Fall River Village Cullen, John W. - A check of the Estes Park Police Department local records on the above business and individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the update. There is a report of Harassment where the above individual is named as the Victim. There are no reports involving the business in the past year. Corey P. Pass Interim Chief of Police, Estes Park Police Department 170 MACGREGOR A VE. P.O. BOX 1287 ESTES PARK, CO 80517 www .estes.org Police Department Wes Kufeld, Chief of Police 970-586-4000 www.estes.org/pd Attachment 5 Page 68 TOWN CLERK’S OFFICE Memo To: From: Date: RE: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek Jackie Williamson, Town Clerk June 14, 2022 Resolution 49-22 to Consider a New Distillery Pub Liquor License Application for Estes Park Distilling Co., LLC dba Estes Park Distilling Company / Bob and Tony’s Pizza, 124 and 128 W. Elkhorn Avenue, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Distillery Pub liquor license located at 124 & 128 W. Elkhorn Avenue, Estes Park, Colorado. Application filed by Estes Park Distilling Co., LLC. Present Situation: An application for a new Distillery Pub liquor license was received by the Town Clerk’s office on April 27, 2022. 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. The Board will also consider an additional Distillery Pub liquor license located at 231 Moraine Ave owned and operated by members of the LLC. Proposal: To present the application for the Town Board’s review and consideration for a new Distillery Pub liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Page 69 Action Recommended: Approval of the new Distillery Pub Liquor License at 124 and 128 W. Elkhorn Avenue, Estes Park, Colorado, filed by Estes Park Distilling Co., LLC dba Estes Park Distilling Company / Bob and Tony’s Pizza. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Distillery Pub Liquor license is $1319. 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 Distillery Pub Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 49-22. Attachments: 1. Resolution 49-22 2. Procedure for Hearing 3. Application 4. Individual History 5. Police Report Page 70 RESOLUTION 49-22 A RESOLUTION PERMITTING A NEW DISTILLERY PUB LIQUOR LICENSE APPLICATION FOR ESTES PARK DISTILLING CO., LLC DBA ESTES PARK DISTILLING COMPANY / BOB AND TONY’S PIZZA WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on June 14, 2022 for a New Distillery Pub Liquor License, filed by Estes Park Distilling Co., LLC dba Estes Park Distilling Company / Bob and Tony’s Pizza, 124 & 128 W. Elkhorn Avenue, Estes Park, Colorado; and WHEREAS, C.R.S. §44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Distillery Pub Liquor License, filed by Estes Park Distilling Co., LLC dba Estes Park Distilling Company / Bob and Tony’s Pizza, 124 & 128 W. Elkhorn Avenue, Colorado is hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 71 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 Estes Park Distilling Co., LLC dba Estes Park Distilling Company / Bob and Tony’s Pizza for a new Distillery Pub Liquor License located at 124 & 128 W. Elkhorn 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 April 27, 2022.  At a meeting of the Board of Trustees on May 24, 2022, the public hearing was set for 7:00 p.m. on Tuesday, June 14, 2022.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.80 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use.  The notice of hearing was published on May 27, 2022 . Attachment 2 Page 72 2  The premises was posted on May 25, 2022 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: 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: I move that Resolution XX-22 be approved/denied for a new Distillery Pub liquor license for Estes Park Distilling Co., LLC dba Estes Park Distilling Company / Bob and Tony’s Pizza, located at 124 and 128 W. Elkhorn Avenue, Estes Park, Colorado. Page 73 DR 8404 (12/29/21) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application D New License � New-Concurrent D Transfer of Ownership D State Property Only D Master file • 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: SBG. Colorado.gov/Liquor 1. Applicant is applying as a/an D Individual � Limited Liability Company D Association or Other D Corporation D Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC. name of LLC; if partnership. at least 2 partner's names; if corporation, name of corporation F EIN Number ESTES PARK DISTILLING CO., LLC 2a. T rade Name of Establishment (OBA) ESTES PARK DISTILLING COMPANY / BOB AND TONY'S PIZZA (731)694-1002 3. Address of Premises (specify exact location of premises, include suite/unit numbers) 124 and 128 W. ELKHORN AVE. City County ESTES LARIMER State ZIP Codeco 80517 4. Mailing Address (Number and Street)City or Town State ZIP Code 124 W. ELKHORN AVE. ESTES PARK co 80517 5.Email Address c/o mlaszlo@laszlolaw.com 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (OBA)Present State License Number Present Class of License ESTES PARK DISTILLING COMPANY 03-14300 WHL SALES ROOM Present Expiration Date 5/23/2022 Section A Nonrefundable Application Fees• Section B (Cont.)Liquor License Fees• D Application Fee for New License ............................................ $1,100.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50 � Application Fee for New License w/Concurrent Review ............ $1,200.00 D Lodging & Entertainment-L&E (C ity) ................................................. $500.00 D Application Fee for T ransfer ................................................... $1, 100.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00 Section B Liquor License Fees• D Manager Registration -H & R ................................................................ $75.00 i.:D:..:..:.=Ad..:...;.:...:;_ ____ • __ t _H_&_R ___ $1_0 _0 _0_0_x_......:. __ li_t _l ___ --i D Manager Reg istration -Tavern ............................................................... $75.00 d Optional Premises o ......... . ___ o a _ __ D Manager Registration -Lodging & Entertainmenl... ............................. $75.000 Add Related Facility to Resort Complex$75.00 X Total O M R · t t· c Li C I $75 00anager egIs ra I0n -am pus quor amp ex ........... ......... ......... .• . D Add Sidewalk Service Area .............. •····················································· $75.00 D Optional Premises License (City) ......................................................... $500.00 D Arts License (City)•··············································································· $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) •················································· ........................ $308.75 D Racetrack License (City) ....................................................................... $500.00D Beer and VVine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00D Campus Liquor Complex (City)•·························································· $500.00 D Related Facility -Campus Liquor Complex (County) ........................ $1 60.00D Campus Liquor Complex (County)····················································· $500.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Campus Liquor Complex (Slate) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00D Club License (City)•·············································································· $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00D Club License (County) •············································· .......................... $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 � Distillery Pub License (City)•··················· .. ··········································· $750.00 D Retail Liquor Store License-Additional (County) ................................ $312.50D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor store (City) ....................................................................... $227.50D Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................•••................ $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City)······················································· $227·50 D Vintners Restaurant License (County) ................................................. $750.00 *Note that the Division will not accept cash Questions? Visit: SBG.Co/orado.gov/Liquorfor more information Do not write in this space -For De artment of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date)Total $ Attachment 3 Page 74 DR 8404 (12129121 > Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Co/orado.gov/Liquorfor more information Items submitted please check all annrooriate boxes completed or documents submitted I.Applicant informationD A. ApplicanULicensee identifiedD B. State sales tax license number listed or applied for at time of applicationD C. License type or other transaction identifiedD D. Return originals to local authority (additional items may be required by the local licensing authority)D E. All sections of the application need to be completedD F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re tail License Application II.Diagram of the premisesD A. No larger than 8 1/2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) □C. Separate diagram for each floor (if multiple levels)□D. Kitchen -identified if Hotel and Restaurant□E. Bold/Outlined Licensed Premises 111.Proof of property possession (One Year Needed)D A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County ClerkD B. Lease in the name of the applicant (or) (matching question #2)D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D. Other agreement if not deed or lease. (matching question #2) IV.Background info rmation (DR 8404-1) and financial documentsD A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) □B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: ldentoGO -htfps:lluenro/1.identogo.coml Phone: 844-539-5539 (toll-free) Colorado Fingerprinting -http://www.coloradofingerprinting.com Appointment Scheduling Website: http:llwww.coloradofingerprinting.com/cabsl Phone: 720-292-2722 Toll Free: 833-224-2227 Details about the vendors and fingerprinting in Colorado can be found on CBl's website here: htfps:l/cbi.co/orado.govlsectionslbiometric-identification-and-records-unitlemployment-and-background-checks □C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license□D. List of all notes and loans (Copies to also be attached) V.Sole proprietor/husband and wife partnership (if applicable)□A. Form DR 4679D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI.Corporate applicant information (if applicable)D A. Certificate of IncorporationD B. Certificate of Good StandingD C. Certificate of Authorization if foreign corporation (out of state applicants only) VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).D B. Certificate of Good Standing VIII.Limited Liability Company applicant information (if applicable)D A. Copy of articles of organizationD B. Certificate of Good StandingD C. Copy of Operating Agreement (if applicable)D D. Certificate of Authority if foreign LLC (out of state applicants only) IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this applicationD A. $75.00 feeD B. Individual History Record (DR 8404-1)D C. If owner is managing, no fee required 2 Page 75 DR 8404 (12/29/21) Name I Type of License I Account Number ESTES PARK DISTILLING COMPANY DISTILLERY PUB (CITY) 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 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 Ba, 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 □�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 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. 12. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales 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 LLDS/RLS premises for which the application is being made and ends at the principaldoorway 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? □ □ 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 if a corporation)? If yes, identify the name of the business and list any � □ � 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? D OMlership � Lease D 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 I Te nant Expires SF PROPERTIES, LLC ESTES PARK DISTILLING CO., LLC 4/30/2032 b. Is a percentage of alcohol sales included as compensation 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 if necessary. Last Name First Name Date of Birth FEIN or SSN Interest/Percentage NIA Last Name First Name Date of Birth FEIN or SSN Interest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises:□ □ Has a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested. (See license fee chart) I 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 fromthe local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, orother 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 applicant's LLDS premise?□ □ If "yes" a copy of license must be attached. 3 Page 76 DR 8404 (12/29/21) Name I Type of License Account Number ESTES PARK DISTILLING COMPANY DISTILLERY PUB (CITY) 20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a. Is the applicant organization operated solely for a national, soc/al, fraternal, 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 fraternal organization or society, but not for pecuniary gain?c.How long has the club been incorporated?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 Vintner'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) See Attached 22. Campus Liquor Complex applicants answer the following:a.Is the applicant an institution of higher education?□ □ 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. 23. For all on-premises applicants. a.Hotel and Restaurant. Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record -DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for delails.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 I First Name of Manager Ballard Michael 24.Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No Colorado? If yes, provide name, type of license and account number. See Attached � □ 25. Related Facility -Campus Liquor Complex applicants answer the following: □ □ 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 Related Facility-Campus Liquor ComplexLast Name of Manager I 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 thepayment 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 □ [Elother person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section44-3-503, 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 theapplicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approvedState Vendor through their website. See application checklist, Section IV, for details. Name Micahel Ballard Name Noon Solutions 11, LLC Name Todd Phillips Name Name H-Add,ess, c;� & State � Posffioa 1014 Eastwood Dr. Trimble, TN 38259 Member Home Address, City & State Position 832 Georgia Ave 300 Chattanooga TN N/A Member Home Address, City & State 1631 Hillcrest Rd. Chattanooga TN Home Address, City & State Home Address, City & State �Position Mgr.Noon Solutions DOB Position DOB Position ••If applicant is owned 100% by a parent company, please list the designated principal officer on above. %Owned 50 %Owned 50 %Owned %Owned %Owned ••Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) ••If total ownership percentage disclosed here does not total 100%, applicant must check this box: lEl 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 Article 3 or 5, C.R.S. 4 Page 77 DR 8404 (12/29/21) Name I Type of License I Account Number ESTES PARK DISTILLING COMPANY DISTILLERY PUB (CITY) 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. 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. Authorized Signature I�rrinted Name and Title Date M:d,� Pf27,20221•22M0TI Michael Ballard, Manager Apr 27, 2022 Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority t.-t 1-z... � \ "t..C>--Z..-'Z...I Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application) � l 14 l -z_c:>"2,-c....The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: D Fingerprinted D Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) D Date of inspection or anticipated date D Will conduct inspection upon approval of state licensing authority D 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? □ □ D 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. D Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's 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 !Te lephone Number I D To wn, City D Countv Signature Print Title Date Signature Print Title Date 5 Page 78 DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, Michael Ballard am signing this Tax Check Authorization, Waiver and Request to Release Information (hereina fter "Waiver") on behalf of ESTES PARK DISTILLING CO., LLC (the "ApplicanULicensee") 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 ApplicanULicensee. 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 ApplicanULicensee'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 authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. ApplicanULicensee 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 (Individual/Business) Social Security NumberfTax Identification Number ESTES PARK DISTILLING CO., LLC Address 124 W. ELKHORN AVE. City State Zip ESTES PARK co 80517 Home Phone Number Business/Work Phone Number 731-694-1002 SAME Printed name of person signing on behalf of the ApplicanVLicensee Micahel Ballard ApplicanVLicensee's Signature (Signature authorizing the disclosure of confidential tax information) M!�pr 27 2022U22MDT Date signed Apr 27, 2022 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 uses§ 552a (note). Page 79 _ - t. .Z 3 — Q V ±j t t I —Hj - t T_ _ _ _ _ _ -- H _1 W V Ii ’ I -- 4 - - 4 — - 4V _ _ _ I - I I I I -- :z -- - - - - jF — r — — — — V -— - 4 - - - - - h L’ . - - - - - - I I Et i . fe t 3 c - - - 5 Ii — -1 - - ± L± z z_ 1: : s 4 :; j ii T h — -J -- -- 4 - -+ - - -- - j- r t t !L t1 4 4 _ _ L ± jQ - V El — - —. -- il l __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ —l H ri i : I — IE E - .V V_ _ _ _ __ r V _+ _ ± V !i —H i - i - t ± - rH JJ Z L _ _ _ _ _ _ H- V - - H - . - I— :w * 4 % L -H fl i cl i E c, ’ - iT I • L_ 4 _ V V V 3 3V Ii t C p - VI l tI I— , V - tV Vh ii VV J _ V _ V 1 VV ! •V V V _ . V q V _ V V V V V I V V •V I II V V ii I 1 V V { II I —- — I I Page 80 DR 8◄04-1 (03/20/19) COLORADO DEPARTME!NT OF RE!VENUE Liquor Enlorc;emenl Division (303) 20S-23OO Individual History Record To be completed by lhe following persons. as applicable: sole proprietors; general partners regardless of percentage ownership, andlimited partners owning 10% or more of lhe 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 slock; managing members or officers of a limited llablllty company,and members owning 10% or more of the company; and any Intended registered manager of Holel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This lndfvfduel history record requires Information that la necessary for the licensing Investigation or Inquiry. All quesllons must be answered In lhelr entirety or the license eppllcallon may be delayed or denied. If a question fa not applicable, please Indicateso by "NIA". Any deliberate ml1representatlon or materlal omlaefon may Jeopardize the llcenae application. (Pleaae attach a aeparale sheet If necessary to enable you to answer questions complelely) 1. Name 01 Business Home Pnooe Numoer ESTES PARK DISTILLING CO., LLC J\} C\ I Cellular Numb.el/ '1J I ·fl -loo"?..2. Your 8��\\ia�} (ll•(Y\��dclloJ 3. Lisi any other names you have usedf• 4£ 1,C, "' \ 11/ 4 4 �Ma�dbbaa·111 cmrerenl from r01ldence� J1 o • Tnmb\e, TN JH q EmR\l�reas fu\\t rct"-l.SA.\oc,, 4) Y��o. t'OM5.Lisi current residence address. Include any previous addresses within the last five years. (Allech separate aheel If necessary)Street and Number City, State, Zip From To currenl -rrv 3g15� ftts,ni-I 014 ! 11.;hAJoo(l b"""'-ir,'«'til 2..D I� Previous 6.Lisi all employment within the lest five years. Include any aelf-employment. (Attach separate sheet If necessary)Name of Employer or Business AddreSB (Street, Number, City, State, Zip) Poalllon Held From To fv\\ ,n rot-He SCl\OOf\ fqq;o �""" 19,Va\e. St) 571�i 61J.J"er d-Ottl Prt'SP� �\\ ihrot+H S\ 0Dr1shiri4?. 45 G,"Strett,1r,-,,,'b\.f:-m/ 3i2.5li Owner 2ol4 Prt'� 7.Lisi the neme(s) of relatives working In or holding a flnanclel Interest In the Colorado alcohol beverage Industry.Name of Relative Relationship to You Poaltlon Held Name of Licensee "I t\.vd C\ "}A �J� 8. Have you ever applied for, held, or had an Interest In a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or Inventory to any licensee? (If yes, answer In delall.) �Yes 0No Estes Park Dlstllllng Co., LLC MFC 03-14299 WHL 03-14300 9.Have you ever received a vlolelfon notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a llquor or beer llcense anywhere In the United Stales? (If yes, explain in delall.) Oves 181 No Attachment 4 Page 81 OR 8404,1 (03120110) 10.Have you ever been convlcled of a atme or received a eu1panded sentence, dafarrad aanlence, or forfelledbail for any offense In crtmlnal or ,!!lll��Y court or do you have any charge& pending? (If yes. explain In dalafl,l 11. Are you currently under probation (supervised or unsupervised). parole, or complellng the requirements of 1deferred aenlence? (If yea, explain In delatl.) 12.Have you ever hid on Ovea 12(No Ovea fANo No d. U.S. Clllan iZJ Yea O No 11 u 1,n ,. . •· 1 •II umber 14.Financial Information. a. Total purchase price or Investment being made by the applying entity, a,rporallon, partnership, lfmlled ffab!Kly company, olher. $ OC\."1 b.l11I the total amount of Iha peraonal lnveslment , made by Iha parson ll■led on queaUon #2, in 1h11 buslnev lncludlng anynoles, loan,, caah, aervlc:es or equlpmenl, oparaUng eapllal, alock purchaaes or fees paid. S ----::-,,.Cr',.._ _____ _ • If corporate lnvntmant only pleaH skip to and complete Hctlon (d).. Section b 11hould reflect the total of section, c and e c. Provide deleR, of Iha pereonal lnvealmenl described In 14b, You mu1l account for all of Iha source, of lhl1 lnve1tmenl.(Attach a aeparata aheet If needed) Type: Cash, Strvlcn or Equf ment Account Type Bank Name Amount -------'-(l+--"------···-· f\f 4 ..... -. -·-·-_ ... AJy.. -------,--�l�---i -----------·------1-----------------------1-----�- d. Provide datan, of Iha corporate Investment described In 14 (•>· You must account for all or the 1ource1 of 1h11 lnvealmenl. (Attach aseparate 1heet If needed} Type: Cash, Servlaes or Equipment Loans Account Typo BankNama Amount Cas ��!.�-'"'----=--o.n_\_�_o ___ +_G_o_lo_r._a_d_o __ 2�S_o-o_t:() __ 1SovinbS e. Loan Information (Allach copies of all note■ or loan&) Name of Lender Addre•• Term Security Amount 1--------------1-------------t---------··--•t--------1 Oath of Applicant t="'::---�-=-=........,�=-o�f. P.erlury that this DP.pJ!callon and all II tachmonls are_t��t�t .. !ID!l.c;gmplele loJha be11 ol my knowledgL Prlnl gn11ure TIiie 01te w rwc.. 'l�tl-2.'2- Page 82 DR 8404.1(03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor En!orcemenl 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 atlach a separate sheet if necessary to enable you to answer questions completely) I.Name of Business Home Phone Number Cellular Number ESTES PARK_DISTILLING Ca,LLC_______).L 23 ?I7 7 2.Your Full Name (last,fir .middle)3.List any other names you haveusedltti&Awt.rt 4.Mailing a cit (if different from residence)Email ddress 1o)d ‘k fler mncjem &‘i )‘)C4 5.List current residence address.Include any previous addresses within the’last fI’e years.(Attach sepaate sheet if necessary) Street and Number City,State,Zip From To Curre fUccJ 1N 3HQ 9h’ Prey us)? Wzccq 11frL S.r4i 373??6tiv 6.List all employment ‘vithin the last five years.Include any self-employment.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To 332_LrPO((jl/IJ ‘v.i(3rL),.- VO(v’“i.-L-—-rcJ fltoL tit’nt JI.Qyi” 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee fl —&—.-—.h) 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, furniture,fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)Yes fl No Estes Park Distilling Co.,LLC MFC 03-1 4299 WHLO3.14300 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 83 R 8404-I (03120119) 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 LIdeferredsentence?(If yes,explain in detail.) es 0 12.Have you ever had any professional license suspended,revoked,or denied?(If yes,explain in detail.)LI Yes No Personal and Financial 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.Dale of Birth b.Social Security Number c,Place of Birth —jon LL..—d.U.S.Citizen Yes LINo e.If Naturalized,state where —f.When g.Name of District Court fl1 h.Naturalization Certificate Number I.Date olCertWication j,It anAllen,GiveAliens Registration Card Number k.Permanent Residence Card Number Jet fl)th%(‘/IA.tiJ Hal ht m.Weight n.Hair Color o.Eye Color p Gender q.Do you have a current Driv s LicensellD?If so.give nu ber and state. ca(tYes LINo #State 14,Financial Information. a.Total purchase price or investment being made by the applying entity.corporalion,partnership,limited liability company,other. 25o,0VU b.List the total amount of the personal investment,made by the person listed on question #2,in thi,Jusiness including any notes,loans,cash,services or equipment,operating capital,stock purchases or fees paid.$U C If corporate investment only please skip to and complete section (U) 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 Bank Name Amount C05k .£cnt4 r—2Z0 Cht1L iV d.Provide details 01 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 Loans Account Type Bank Name Amount Cash ?or cr (ô\otcctO 7)9OO e.Loan Information (Atlach copies of all notes or loans) Name of Lender Address Term Security Amount Oath of Applicant I dedare under that N application and al!attachments are true,correct,and complete to the best of my knowledge. Authorized Signatue Print Signature TitleUateZiR—I -rc ftipc I .y/7,4& Page 84 TOWN OF ESTES P� May 7, 2022 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Estes Park Distilling Company Dear Ms. Williamson: Ballard, Michael Phillips, Todd Edwards A check of the Estes Park Police Department local records on the above business and individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the update. There are no criminal reports naming these individuals. There are no reports involving the business in the past year. Corey P. Pass Interim Chief of Police, Estes Park Police Department 170 MACGREGOR A VE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org Police Department Wes Kufeld, Chief of Police 970-586-4000 www.estes.org/pd Attachment 5 Page 85 Page 86 TOWN CLERK’S OFFICE Memo To: From: Date: RE: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek Jackie Williamson, Town Clerk June 14, 2022 Resolution 50-22 to Consider a New Distillery Pub Liquor License Application for FTD Estes Park, LLC dba Full Throttle Distillery & Grill, 231 Moraine Avenue, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Distillery Pub liquor license located at 231 Moraine Avenue, Estes Park, Colorado. Application filed by FTD Estes Park, LLC. Present Situation: An application for a new Distillery Pub liquor license was received by the Town Clerk’s office on April 27, 2022. 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. The Board will also consider an additional Distillery Pub liquor license located at 124 & 128 W. Elkhorn Avenue owned and operated by LLC. Proposal: To present the application for the Town Board’s review and consideration for a new Distillery Pub liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Page 87 Action Recommended: Approval of the new Distillery Pub Liquor License at 231 Moraine Avenue, Estes Park, Colorado, filed by FTD Estes Park, LLC dba Full Throttle Distillery & Grill Estes Park. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Distillery Pub Liquor license is $1319. 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 Distillery Pub Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 50-22. Attachments: 1. Resolution 50-22 2. Procedure for Hearing 3. Application 4. Individual History 5. Police Report Page 88 RESOLUTION 50-22 A RESOLUTION PERMITTING A NEW DISTILLERY PUB LIQUOR LICENSE APPLICATION FOR FTD ESTES PARK, LLC DBA FULL THROTTLE DISTILLERY & GRILL ESTES PARK WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on June 14, 2022 for a New Distillery Pub Liquor License, filed by FTD Estes Park, LLC dba Full Throttle Distillery & Grill Estes Park, 231 Moraine Avenue, Estes Park, Colorado; and WHEREAS, C.R.S. §44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Distillery Pub Liquor License, filed by FTD Estes Park, LLC dba Full Throttle Distillery & Grill Estes Park, 231 Moraine Avenue, Colorado is hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 89 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 FTD Estes Park, LLC dba Full Throttle Distillery & Grill Estes Park for a new Distillery Pub Liquor License located at 231 Moraine 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 April 27, 2022.  At a meeting of the Board of Trustees on May 24, 2022, the public hearing was set for 7:00 p.m. on Tuesday, June 14, 2022.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.80 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use.  The notice of hearing was published on May 27, 2022 .  The premises was posted on May 25, 2022 . Attachment 2 Page 90 2  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: 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: I move that Resolution XX-22 be approved/denied for a new Distillery Pub liquor license for FTD Estes Park, LLC dba Full Throttle Distillery & Grill Estes Park located at 231 Moraine Avenue, Estes Park, Colorado. Page 91 DR 8404 (12/29/21) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 Colorado Liquor Retail License Application □New License l8l New-Concurrent D Transfer of Ownership D State Property Only □ Master file • 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: SBG. Colorado.gov/Liquor 1. Applicant is applying as a/an D Individual l8l Limited Liability Company 0 Association or Other 0 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 FEIN Number FTD Estes Park, LLC Bus� 2a. Trade Name of Establishment (OBA) I State Sales Tax Number Full Throttle Distillery & Grill Estes Park 3. Address of Premises (specify exact location of premises, include suite/unit numbers) 231 MORAINE AVE. City County State ZIP Code Estes Park Larimer co 80517 4.Mailing Address (Number and Street)City or Town State ZIP Code 231 MORAINE AVE. Estes Park co 80517 5. Email Address c/o mlaszlo@laszlolaw.com 6.If the premises currently has a liquor or beer license, you must answer the following questionsPresent Trade Name of Establishment (OBA) Estes Park Distilling Company I Present State License Number I Present Class of License 03-14299 Manufacturer Present Expiration Date 5/23/2022 Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees* D Application Fee for New License ............................................ $1, 100.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50 � Application Fee for New License w/Concurrent Review ............ $1,200.00 D Lodging & Entertainment-L&E (City) ................................................. $500.00 D Application Fee for Transfer ................................................... $1, 100.00 D Lodging & Entertainment -L&E (County) ........................................... $500.00 Section B Liquor License Fees• � Manager Registration - H & R ............................................................. _.$75.00 D Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -Tavern ............................................................... $75.00 D Manager Registration -Lodging & En tertainment.. .............................. $75.00 D Add Related Facility to Resort Complex$75.00 X Total D Manager Registration -Campus Liquor Complex ............................... $75.00 □Add Sidewalk Service Area .................................................................... $75.00 D Optional Premises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) .......................................................................... $308.75 D Racetrack License (City) ....................................................................... $500.00 D Beer and V\Jine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and V\Jine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) ...... .............................................................. $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 � Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County) ................................ $312.50 D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... $227.50 D Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50 D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. $750.00 *Note that the Division will not accept cash Questions? Visit: SBG.Co/orado.gov/Liquorfor more information Do not write in this space -For Department of Revenue use only Liability Information License Account Number I Liability Date ILicense Issued Through (Expiration Date) Total $ Attachment 3 Page 92 DR 8404 <12129121 >Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Co/orado.gov/Liquorfor more information Items submitted olease check all aaarooriate boxes comoleted or documents submitted I.Applicant informationD A. ApplicanULicensee identifiedD B. State sales tax license number listed or applied for at time of applicationD C. License type or other transaction identifiedD D. Return originals to local authority (additional items may be required by the local licensing authority)D E. All sections of the application need to be completedD F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re tail License Application II.Diagram of the premisesD A. No larger than 8 1/2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) □C. Separate diagram for each floor (if multiple levels)□D . Kitchen -identified if Hotel and Restaurant□E. Bold/Outlined Licensed Premises Ill. Proof of property possession (One Year Needed) D A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk D B. Lease in the name of the applicant (or) (matching question #2) D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D. Other agreement if not deed or lease. (matching question #2) IV.Background information (DR 8404-1) and financial documentsD A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) □B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: ldentoGO -https://uenroll.identogo.com/ Phone: 844-539-5539 (toll-free) Colorado Fingerprinting -http://www.coloradofingerprinting.com Appointment Scheduling Website: http:llwww.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 To ll Free: 833-224-2227 Details about the vendors and fingerprinting in Colorado can be found on CBl's website here: https:llcbi.co/orado.govlsectionslbiometric-identification-and-records-unitlemployment-and-background-checks □C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license□D. List of all notes and loans (Copies to also be attached) V.Sole proprietor/husband and wife partnership (if applicable)□A. Form DR 4679D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI . Corporate applicant information (if applicable) D A. Certificate of Incorporation D B. Certificate of Good Standing D C. Certificate of Authorization if foreign corporation (out of state applicants only) VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).D B. Certificate of Good Standing VIII.Limited Liability Company applicant information (if applicable)D A. Copy of articles of organizationD B. Certificate of Good StandingD C. Copy of Operating Agreement (if applicable)D D. Certificate of Authority if foreign LLC (out of state applicants only) IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this applicationD A. $75.00 feeD B. Individual History Record (DR 8404-1)D C. If owner is managing, no fee required 2 Page 93 DR 8404 (12/29/21) Name I Type of License I Account Number FTD Estes Park, LLC DISTILLERY PUB (CITY) 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 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 Ba, 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 □�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-premisessales 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. 12.Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premisessales 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 LLDS/RLS 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? □ □ 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 if a corporation)? If yes, identify the name of the business and list any � □ � 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? D Ownership � Lease D 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 I Tenant Expires EP Real Estate, LLC FTD Estes Park, LLC May 1, 2032 b.Is a percentage of alcohol sales included as compensation 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 if necessary. Last Name First Name Date of Birth FEIN or SSN lnteresUPercentage NIA Last Name First Name Date of Birth FEIN or SSN lnteresUPercentage Attach copies of all notes and security Instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which Is contingent or conditional In any way by volume, profit, sales, giving of advice or consultation. 17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises:□ □ Has a local ordinance or resolution authorizing optional premises been adopted?Number of additional Optional Premise areas requested. (See license fee chart) I 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 fromthe local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, orother 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 applicant's LLDS premise?□ □ If "yes" a copy of license must be attached. 3 Page 94 DR 8404 (12/29121) Name I Type of License Account Number FTD Estes Park, LLC DISTILLERY PUB (CITY) 20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a.Is the applicant organization operated solely for a national, social, fraternal, 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 fraternal organization or society, but not for pecuniary gain? c.How long has the club been incorporated? 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 Vintner'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 applicants answer the following: a.Is the applicant an institution of higher education?□ □ b. Is the applicant a person who contracts with the institution of higher education to provide food services?□ □ If "yes" please prov ide 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, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record -DR 8404-1 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 Permit Application -DR 8000 and fingerprints. Last Name of Manager I First Name of Manager NORDEN BRADLEY 24.Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No Colorado? If yes, provide name, type of license and account number. □� 25.Related Facility -Campus Liquor Complex applicants answer the following:□ □ 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 Comp lex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility-Campus Liquor Complex Last Name of Manager I 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 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Name Michael Ballard Name Noon Solutions 11, LLC Name Todd Phillips Name Name Ho= Add<=. c;� & Slate � Poo!Hoo 1014 Eastwood Dr. Trimble, TN 38259 Member/Manager Home Address, City & State DOB Position 832 Georgia Ave 300 Chattanooga TN N/A Member Home Address, City & State .. !Position 1631 Hillcrest Rd. Chattanooga TN Mgr. Noon Solution Home Address, City & State DOB Position Home Address, City & State DOB Position ••If applicant is owned 100% by a parent company, please list the designated principal officer on above. %Owned 50 %Owned 50 %Owned %Owned %Owned •• Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include 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 Article 3 or 5, C.R.S. 4 Page 95 DR 8404 (12/29/21) Name I Type of License I Account Number FTD Estes Park, LLC DISTILLERY PUB (CITY) 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. 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. Authorized Signature !Printed Name and TIiie Date otlJ� Michael Ballard, Manager Apr 27, 2022 Mkh�d � 27, 202114 23 MDTJ Repor t and Approval of Local Licensing Authority (City/County) Date application filed with local authority LJ lz-i r z.o� I Date of local authority hearingi /��,n�� cannot be less than 30 days from date of application) The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: D Fingerprinted D Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) D Date of inspection or anticipated date D Will conduct inspection upon approval of state licensing authority D 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? □ □ D 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. D Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's 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 TIiie 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application Is approved. Local Licensing Authority for !Te lephone Number I D Town, City D Countv Signature Print TIiie Date Signature Print TIiie Date 5 Page 96 DR 8495 (07/23119) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I , Michael Ballard am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of FTD Estes Park, LLC (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 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, 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 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. 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) FTD Estes Park, LLC Address City Estes Park Home Phone Number 731-694-1002 Social Security Number/Tax Identification Number 231 Moraine Ave. State Zip co Business/Work Phone Number 731-694-1002 80517 Printed name of person signing on behalf of the Applicant/Licensee Michael Ballard Applicant/Licensee's Signature (Signature authorizing the disclosure of confidential tax information) M�prl1,202214JJMD'l Date signed Apr 27, 2022 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 uses§ 552a (note). Page 97 #14/24: Applicant holds a Colorado Manufacturer license (03-14299), Wholesale license (03-14300) and Sales Room Permit. These licenses will be surrendered upon taking the new Distillery Pub license. Page 98 ,c —•1 — dI -: 3 —r 1. r I I I I __ _ _ _ _ _ .1 I I I I j I I - _ j I — - — —. —1 -- _ -9 j_ — __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ I hH I __ _ -- - “ — — - — — - - I L. rI . -- — I I *1 — - —I W iI I I i ) 1 I 1 ;I ; l t i 1 I fi I II I -4 - Page 99 DR 8404-1 (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary lo enable you to answer questions completely) 1. Name of Business f'T 'D e�fe!:, '\7/li� \I-I \_. L L-- H,'.'.)l Aone Number I Cellular Number 8·5©. S-b(o.�\ \ \2. Your Full Name� � �'D'0J; -. ¥-. 3.List any other names you have used 4. Mailing address (if different from residence)EmailAddress � � bl"\O� -.l\,,V tl.D-nt-eG>�� \Ul"'-'\ 5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From To Current Su � � � \11,1\''i·-, '\{X)\,s;> "� \.!-SC' . \� � �� 1v�. CD. �s,1-"3/1;6>?/l C.u�..r:,...,, P1,q·� � Tu�c Arx. o·-i"�,�,u.e= ;\\'J �tla \'2-/1-cD\ct. ·?,!, ')/ltJ2. 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business � \� \} . /� � �?JI-. [1)'1\u.»l"-u. ""�\A'JI� ,� pm Address (Street, Number, City, State, Zip) oA vl I B� A� p� \"3\-,\� \�t> ·�,\\E #51 �� ,..... 'I' -· ,. ,.,.,..,,._. .TN �' . � Position Held From To 0 �M.._ ·3/-1ru12 (.>)� i=l- ��-61),�r..o '1/1JD\9 3/?.@12- 7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee Toot> �'<\,� ��\�ll\\JJ �� __,_ '?A(1.\!.. lAb�U-lA(i C.., 8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,□Yes �ofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) 9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes �applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) Attachment 4 Page 100 DR 8404·1 (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 cr iminal or military court or do you have any charges pending? (If yes, explain in detail.)□Yes� 11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.) 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) Personal and Financial Information d.U.S. Citizen g. Name of District Court 0Yes □Yes No p.Gender q. ?o you have a �Yes 0No · I I ·•· I · D? If so, give number and state. State :T..J "'1\,-.u; 14.Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ '76001 ODD - b.List the total amount of the personal investment , made by the person listed on question #2, in thi5Jbusiness including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ _.L..t,.I____,{!_._� _________ _ *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 Account Type Bank Name Amount 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 Loans Account Type Bank Name Amount e.Loan Information (Allach copies of all notes or loans) Name of lender Address Term Security Amount Oath of Applicant lication and all allachmenls are true correct and com lete to the best of m Page 101 5.li=>-"'.\-� t,\Co ��\..)� � �l� I 0 \ L\-89.. \ � 1,,vo\ ,s-1\,e,'vli'.;t.N � � l_,A�Dr �v :,J&D\�/"V!)\lp;> q,,l\ �'c-U-oi'D \>$G«t"��---l\ � �b; �L---7J/7fi l 'U Page 102 DR 8404-i (03)2011D) COLORADO DEPARTMENT OF REVENUE Liquor Errorcement Division 303)205-2300 Individual History Record To be completed by the tollowing persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partners owning 10%or mote 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,ptease indicate so by N!K.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 —Horns t’hone Nunibtr &lular Numbi,r FID Estes Park,LLC Q31:.éfi’l I i 2 Your FÜII Name (last.rst.rid1iW --tiVinyiIher names yoihave used 4.Mailing addraes firdifferonl from residence)EWPH Aç1tess c,(3cX £L,1vn)e.1W 3g25q 4vll tt Sti)x’ri )choc,4Com 5.List current residence address.include any previous addresses within the last five years,(Attach separate sheet If necessary) Street and Number City,State,Zip From To Current jL&th{I-;mk ThJ 3W2.69 2DIlJ ptrn1- Previous 6.List all employment within the last five years.Include any self-employment.(Attach seDarate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To 2tx’o ‘ç 1Yb It’]325’Ow 2o 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee 8.Have you ever applied for,hetd,rhad an interest in a Colorado Liquor or Beer License,or loaned money, furniture,fixiures,equipment or inventory to any iicensee?(If yes,answer in detail.)‘ Yes No Estes Perk Distilling Co.,LLC MFC 03-14299 WHL 03-14300 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you N applied for or been denied a liquor or beer license anywhere In (he United States?(If yes,explain In detail.)as Page 103 OR MG4 fO3t2O1l5 10.Have you ever been convicted at a cilme or received a suspended sentence,deferred sentence,or forfeited bail toc any olfense in criminal or military court or do you have any charaes aendinc?(ii yea.explain In detail.)DYes No 11.Are you currently under probation (supervised or unsupervised),parole,cc completing the requirements of a deferred sentence?(it yea,explain In detafi.)—______________________Yea No 12.Have you ever had any professional license suspended,revoked.or dented?fit yes.explain In detail.)Dyes No- Personal and Financial information Unless otherwise provided by law,the personal Intotmaticri required in question #13 will be treeled as confidential.Thepersonalinfnrmitinnrn,ilr4 in nt,nitinn 413 is solely tot irta,fl’Inq purposes. 13a.Date otBtjth b.ocial Security Number c,Place at 12j d.U.S.Citlzen s DNa e,It Naturalized,state where 1.When g.Name ci District court flkk ‘fr_ ii,Neturaiiz8tion Ceditcate Number I.Oats ci CeMicallon itanJed,iye Pdens Registrallon Card Ntnrbr k Permanant Residence Card Ntimba nfri I.Height m,Wepht n.Hair Cctor a.ye Color p.q.Do you have a current Drivera tlcansallfl?use,give nwpbet and state. ves Dr.io •State 14.Financial information. a.Total purchase price or investment being made by Ihe applying entity,corporation,partnership,limited liability company,other. 300,oCr b.list the total amount of the personal investment,made by the person listed on question #2,in this busin includIng any notes,loans,cash,services or equipment,operating capilaP,stock purchases or fees paid.$ if corporate Investment only please skip to and complete section (d) Secuon b should reflect the total of sections c and e c,Provide details of the personal Investment described in 14b.You must account for aD of the sources of this investment, Attach a separate sheet If needed) tcpe:Cash,Services or Equipment Account Tipe Bank Name Amouni rtJt —________ d.Provide details of the corporate investment described In 14 (a).You must account for oil of the sources at this investment.(Attach a separate sheet if neededi Wpe:Cash,Services or Equipment Loans Account Type Sank Name Amount Ouit’i’Cts CJClLfl t*to)or’4e-t’oO e.Loan information (Attach copies of all notes or loans) Name of Lender Address Term Socutlty Amount Oath of Appilcant I ‘‘nxhuv that P’-“‘—‘“‘‘——‘‘‘—‘——‘‘to the best of my knowledon.—...•...•.. PrInt Signature lute 1Date—-I # MId*e..t N513IC.I it -ii’ Page 104 DR 8404-I (03/ 20/ 19) COLORADO DEPARTMENT OF REVENUE Liquor Enlorcement 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 N4iber FTDEstesPark,LLC ‘12.3-I77! 2.Yo Full Name (last,tirst,mIddle)_!is fgjdw ad 4.MaIling addres (If different from residence) 5,List current residence address,Include any previous addresses within the last five years.(Attach separate sheet if necessary) Street and Number City,State,Zip From To I’i&o TJ 37)OS Previous Y’oorit 1,T 37377 Ctro 6.List all employment within the last five years.Include any self-employment.(Attach seoarate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held FromTo2et’-Vv’t sL,3vc -(. 1etnQc TN ?LiDL ?1pStcl’tnl’ L)/13 9cect 7,List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee rJI rlft 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, Nfurniture,fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)es 0 Estes Park Distilling Co.,LLC MFC 03-14299 WHL 03-14300 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you NappliedfororbeendeniedaliquororbeerlicenseanywhereintheUnitedStates?(If yes,explain in detail.)es N o 3 List any other names you have used Email Pfid7s,s - hI ,fl5 flUor TC Ve 1t’r,*C’CQ,Vi Page 105 DR 8404-1(03120/19) 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 0 12.Have you ever had any professional license suspended,revoked,or denied?(If yes,explain In detail.)U Yes No Personal and Financial 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 b,Social Security Number c.Place of Girth-) fl_.ci.U.S.Citizen EYes UNo e.If Naturalized,state where f.When g.Name of Djslrlct Court = n/k -___ h.Naturalization Certificate Number i.Date of Certification j.lfanAllen,Giveiien’sReglstratlonCardNumber k,Permanent Residence Card Number n/ta rb/A n/4 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 state. hc [EYes U No #Stale Tt’J 14.Financial Information, a.Total purchase price or investment being made by the applying entity,corporation,partnership,limited liability company,other. 3.’Y,,OoO 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.$3 C)CC)O 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 Account Type Bank Name Amount Cc,e&4’j sm’i’1-13c QO 000 U.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 Loans —Account Type Bank Name Amount CcS ar cif ‘o1o(CcdO 3Q O e.Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount lUeclanaIty fpe Oath of Applicant Print Signature ITitle IDate - Thor cWii<I &r%4)Lif ILIth.b1: Autho and all attachments are true,correct,and complete to the best of my knowledge. Page 106 TOWN OF ESTES P� May 7, 2022 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 Dear Ms. Williamson: RE: Full Throttle Distillery & Grill Ballard, Michael Phillips, Todd Edwards Norden, Bradley Derek - A check of the Estes Park Police Department local records on the above business and individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the update. There are no criminal reports naming these individuals. There are no reports involving the business in the past year. ;�2--Corey P. Pass Interim Chief of Police, Estes Park Police Department 170 MACGREGOR A VE. P.O. BOX 1287 ESTES PARK, CO 80517 Police Department Wes Kufeld, Chief of Police www.estes.org 970-586-4000 www.estes.org/pd Attachment 5 Page 107 Page 108 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 1. Renaming Request for a Portion of Children’s Park to “Women’s Heritage Plaza”.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT.  Review the staff report. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. Page 109 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. Motion must be unanimous for approval *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 110 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: June 14, 2022 RE: Renaming Request for a Portion of Children’s Park to “Women’s Heritage Plaza” (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _____________ QUASI-JUDICIAL YES NO Objective: Town Board consideration of a renaming request for a portion of Children’s Park to “Women’s Heritage Plaza”. Present Situation: On November 5, 2021, the Town received a request to rename a portion of Children’s Park to “Women’s Heritage Plaza” in order to properly define the area where the new Estes Park Women’s Monument is located. This monument was brought to life by a dedicated group of volunteers who would like to ensure that the name of the area is consistent with its new use as a place to learn and reflect on the contributions of women to our community. The Estes Park Women’s Monument project team voted to submit the proposed name “Women’s Heritage Plaza” to accomplish this goal. At its February 22, 2022 Study Session, the Town Board confirmed that there are compelling reasons to consider this renaming and directed staff to schedule an action item for a public hearing at a regular Town Board meeting to consider and vote on this proposed change. Proposal: The current proposal is to rename the portion of Children’s Park where the Women’s Monument is located to “Women’s Heritage Plaza”. Per Policy 208 (Naming of Town- Owned Parks, Open Spaces, and Facilities), the Town will only change the name of an existing park, open space, or facility if the following three conditions are met: 1. There are compelling reasons to consider such a change; 2. There is a thorough study of the change consisting of a public hearing at a regularly scheduled Town Board meeting; and 3. There is a unanimous vote of the Town Board. Page 111 Action Recommended: Staff recommends approval of the renaming request. Finance/Resource Impact: The costs of renaming may be borne by the Town, or the Town Board may request that the cost of renaming (adding/replacing signage) be borne by the group recommending the change. The costs of renaming in this particular instance are minimal. Level of Public Interest Medium Sample Motion: I move to approval/deny the renaming request. Attachments: 1. Renaming Request 2. Policy 208 3. Location of Subject Property Page 112 RECEIVED �;JI/ 0 5 2021 Town of Estes Park BY· ·t2LJ.D JIME• f 003 Request to Re-Name a Town-Owned Park, Open Space, or facil�-----------..J 1.Applicant General Information: Name: _Ron Wilcocks_ Date: 11/5/2021 Address: _PO Box 2317 ___ _ City/State: Zip Code: ___ Estes Park, CO 80517 __ _ Telephone: 970-581-7909 Does the Applicant Represent an Organization? YES If Yes, Name of Organization: Estes Park Women's Monument project 2.Nature of Re-Naming Request: Park Location: ___ Along the Riverwalk, East of Children's Playground where the new Estes Park Women's Monument has been installed ------- Proposed Name: ___ Women's Heritage Plaza. ___ _ 3.Re-Naming Justification: We feel that this request meets all aspects listed for justification as follows, Specific Purpose: To properly define the new area where the Estes Park Women's Monument is located Historical Feature: To properly highlight the new historical feature (the new Monument) of Estes Park Geographic Location: To better define the area in terms of the new Monument that now occupies the area Deceased Individual: This monument does honor historical Women of Estes Park, some of whom are deceased. Geographic Feature: The new Estes Park Women's Monument is a new downtown geographic feature. Donation/Sponsorship: This Monument was donated to the Town Adjoining Community Explanation of Justification Attached (Required)?* Yes, See below The new Estes Park Women's Monument was created via a grassroots, community-based effort to enhance our Town. The Monument has succeeded in this enhancement goal in many ways, but it is felt that a further improvement will be to rename the area to be consistent with its new use. This area is already being heavily visited by guests and locals and leading to a better and richer understanding of the Women who helped make our Town great. The Estes Park Women's Monument project Team voted to submit this proposed name change for this area to be consistent with the new use• of this area. The Attachment 1 Page 113 Team strongly supports this new name for this area to make this area known as the Women's Heritage Plaza. For example, "I'll meet you at 11:00 at the Women's Heritage Plaza along the Riverwalk". This new area has a specific purpose, is a new historical feature, has a specific geographic location, represents some decease individuals, is a new downtown geographic feature, and the Monument was built via community donations. Signature:_ /kJ/ ____ r'?.....r..--_____,�=---__.�.__\ _____ _ Date: 11/5/2021 Print Name: Ron Wilcocks *please ensure that the justification addresses the conditions for re-naming contained in Policy 20$.3.b.i Page 114 Effective Period: Until superceded Review Schedule: Biennially Effective Date: 09/14/2021 References: Governing Policies 1.1.3 and 1.3.2 TOWN ADMINISTRATOR'S OFFICE 208 Naming of Town-Owned Parks, Open Spaces, and Facilities 1.PURPOSE D ,____,@ To establish a consistent and systematic approach for selecting names for Town-owned parks, open spaces, and facilities. 2.POLICY Maintaining consistent and understandable procedures for naming and re-naming Town-owned parks, open spaces, and facilities is crucial for identification purposes. These names aid emergency response, help to develop a sense of place, and help to honor community leaders. The Town of Estes Park will follow the procedures outlined in this policy to name or re name any Town-owned park, open space, or facility. When choosing a name for a Town-owned facility, park, or open space, the Town will endeavor to ensure that such names: (1) are appropriate; (2) aid in the identification and location of the property or facility in question; and (3) encourage the donation of lands, facilities, and funds to the Town. 3.PROCEDURE a.Naming a New Town-Owned Park, Open Space, or Facility Policy 208 Revisions: 0 i.Working Name for Facilities under Consideration or Construction All new facilities under consideration or construction will be given a working name by staff. ii.Naming Criteria In order to be considered, proposed names for a new Town-owned park, open space, or facility shall be reflective of at least one of the following criteria: 1)Specific purpose of the facility (e.g., Museum, Events Complex) 2)Geographic location 3)Prominent geographic feature or local reference point 4)Adjoining subdivision/community Town of Estes Park, Town Administrator's Office 09/14/2021 Page 1 of7 Attachment 2 Page 115 5)Historical feature 6)A deceased individual (see section 3.a.iii) 7)An individual or group via a donation or sponsorship agreement (see section 3.a.iv) iii.Naming a Park, Open Space, or Facility after a Deceased Individual Consideration shall be given to the naming of a Town-owned park, open space, or facility after a deceased individual only if both of the following conditions have been met: 1)The individual has been deceased for at least three (3) years; and 2)The individual has made significant contributions to the Town through a long-term commitment to the residents and guests of the Town of Estes Park. iv.Individual or Group Donations or Sponsorships Consideration shall be given to the naming of a Town-owned park, open space, or facility after a group or individual based on a donation or sponsorship only if such donation or sponsorship comprises 75 percent or more of the overall value of the park, open space, or facility. This provision shall not apply to any naming rights sold for the Estes Park Events Complex. v.Sponsorship Naming Rights Sponsorship naming rights made by contract, for a specific period of time, are exempt from this policy. vi.Naming Process -Parks and Open Spaces Policy 208 Revisions: 0 The naming of a new Town-owned park or open space will follow the process below: 1)Public Announcement: When the Town signs a contract to create a new park or to purchase land to be used as a park or open space, the Town Clerk's Office will publish a legal notice in the paper of record inviting the public to submit prospective names for the park or open space. The deadline for submitting names will be two weeks from the date of the printed legal notice. The legal notice shall refer to the property by description, in addition to common/informal names. The Public Information Office will also notify the community of the opportunity to participate through a news release and other appropriate channels. 2)Review and Recommendation: Within two weeks of the deadline to submit names, the Town Clerk will submit to the Parks Advisory Board all of the names received that meet the criteria in section 3.a.ii. The Parks Advisory Town of Estes Park, Town Administrator's Office 09/14/2021 Page 2 of? Page 116 Board will review the submitted names, and make a recommendation to the Town Board. 3)Notice of Recommendation: A legal notice shall be published in the paper of record as soon as reasonable after the Parks Advisory Board submits its recommended name to the Town Board. This legal notice shall include the proposed name, a description of the park or open space to be named, and the time and place of the Board Meeting at which the recommendation will be considered. The legal notice must be published at least 30 days prior to the Town Board meeting where the recommendation will be considered. The Public Information Office will also notify the community of the opportunity to participate through a news release and other appropriate channels. 4)Town Board Review and Approval: Upon receipt of the recommendation from the Parks Advisory Board, the Town Board will consider the recommended name at a regular Board meeting as an action item. vii.Naming Process -Facilities Policy 208 Revisions: 0 The naming of a new Town-owned facility will follow the process below: 5)Public Announcement: When the Town signs a contract to construct a new facility, the Town Clerk's Office will publish a legal notice in the paper of record inviting the public to submit prospective names for the facility. The deadline for submitting names will be two weeks from the date of the printed legal notice. The legal notice shall refer to the facility by description, in addition to common/informal names. The Public Information Office will also notify the community of the opportunity to participate through a news release and other appropriate channels. 6)Review: Within two weeks of the deadline to submit names, the Town Clerk will submit to the Town Board all of the names received that meet the criteria in Section 3.a.ii. 7)Notice of Submitted Names: A legal notice shall be published in the paper of record as soon as reasonable after the Town Clerk submits the list of qualifying names to the Town Board. This legal notice shall include the qualifying proposed names, a description of the facility to be named, and the time and place of the Board Meeting at which the recommendation will be considered. The legal notice must be published at least 30 days prior to the Town Board meeting where the recommendation will be considered. The Public Information Office will also notify the community of the opportunity to participate through a news release and other appropriate channels. Town of Estes Park, Town Administrator's Office 09/14/2021 Page 3 of7 Page 117 8)Town Board Review and Approval: Upon receipt of the list of qualifying names from the Town Clerk, the Town Board will consider the recommended name at a regular Board meeting as an action item. b.Re-Naming a Town-Owned Park, Open Space, or Facility i.Conditions Policy 208 Revisions: 0 The existing names of Town-owned parks, open spaces, and facilities are deemed to have historic recognition. The Town of Estes Park will not change the name of any existing Town-owned park, open space, or facility unless: (1) there are compelling reasons to consider such change; (2) there is a thorough study of the change consisting of a public hearing at a regularly scheduled Town Board meeting; and (3) there is a unanimous vote of the Town Board. Additionally, the Town Board will consider renaming a Town-owned park, open space, or facility to commemorate a person or persons only when said person or persons: (1) is/are deceased, (2) has/have made a major, overriding contribution to the Town; (3) has/have made contributions that have not been honored in another manner; and (4) has/have notable historic significance to the Estes Valley. Potential re-naming applicants should consider other appropriate options to memorialize individuals including, but not limited to, plaques, memorial benches, and memorial trees. ii.Requests to Re-Name a Town-Owned Park, Open Space, or Facility Any requests to re-name a Town-owned park, open space, or facility shall use the following procedure: 1)The applicant shall submit a completed "Request to Re-Name a Town Owned Park, Open Space, or Facility" application form (Appendix A) to the Town Clerk. 2)The application will be reviewed for completeness based upon the naming criteria set forth in section 3.a.ii of this policy. 3)Completed applications will be forwarded to the Town Administrator and Town Board. 4)If the Town Board wishes to consider the proposed re-naming, the Board will set a date to consider the proposal as an Action Item on a Town Board Meeting Agenda. iii.Costs of Renaming The Town Board may request that any cost of renaming (e.g. the replacement of signs) be borne by the individual or group recommending the change. iv.Noticing of Google Upon any renaming, Town staff will endeavor to ensure that said renaming is reflected on Google Maps as soon as possible. Town of Estes Park, Town Administrator's Office 09/14/2021 Page 4 of7 Page 118 c.Naming of Meeting Rooms in or on Town-Owned Parks, Open Spaces, or Facilities Meeting rooms located in or on Town-owned parks, open spaces, or facilities may be named administratively by the Town Administrator. d.Revocation of Name Under extraordinary circumstances that would cast a negative image upon the Town, any naming of Town-owned parks, open spaces, or facilities in honor of an individual, family, or group may be revoked at the discretion of the Town Board. e.Naming of Streets All streets will be named in accordance with Policy 421 (Addressing and Street Naming Policy). Approved: 9 / \� l 'cOL.-\Date Policy 208 Revisions: 0 Town of Estes Park, Town Administrator's Office 09/14/2021 Page 5 of 7 Page 119 APPENDIX 1 -Request to Re-Name a Town-Owned Park, Open Space, or Facility Town of Estes Park Request to Re-Name a Town-Owned Park, Open Space, or Facility 11. Applicant General Information Name: _____________ _ Address: ____________ _ Zip Code: ____________ _ Does the Applicant Represent an Organization? YD ND If Yes, Name of Organization: _________________ _ 12. Nature of Re-Naming Request Park D OR Open Space D OR Facility D Location: ____________________ _ Proposed Name: __________________ _ 13. Re-Naming Justification Policy 208 Revisions: 0 Town of Estes Park, Town Administrator's Office Date: ____ _ City /State: ____ _ Telephone: ____ _ 09/14/2021 Page 6 of 7 Page 120 D Specific Purpose D Historical Feature D Geographic Location D Deceased Individual D Geographic Feature D Donation/Sponsorship D Adjoining Community Explanation of Justification Attached (Required)?* YD ND Signature Date Print Name *Please ensure that the justification addresses the conditions for re-naming contained in Policy 208.3.b.i Policy 208 Revisions: O Town of Estes Park, Town Administrator's Office 09/14/2021 Page 7 of 7 Page 121 Attachment 3 Page 122 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Assistant Town Administrator Date: June 14, 2022 RE: Revised Policy 671 – Town Funding of Outside Entities (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Motion QUASI-JUDICIAL YES NO Objective: Revise Policy 671 – Town Funding of Outside Entities Present Situation: During last year’s budget deliberations, the Town Board expressed interest in revisiting Policy 671 in order to firm up requirements of outside entities that receive funding from the Town, particularly those receiving Base Funding as outlined in the policy. At a Study Session held on May 24, the Town Board provided direction to staff to revise Policy 671 to require 1) that annual reports from Base Funded entities specify how Town funds were used and how the work of the entity furthers the goals of the Town, and 2) that entities receiving Base Funding provide an in-person presentation to the Town Board on an annual basis regarding the work of their entity. An outstanding question from the May 24 Study Session was whether to add the Estes Arts District to the list of entities eligible for Base Funding. The attached revised policy reflects the agreed upon revisions and some additional minor “clean up” edits. Proposal: Staff proposes that the Town Board approve the revisions to Policy 671 and determine whether or not to add the Estes Arts District (or any other entities) to the list of entities eligible for Base Funding. Page 123 Advantages: • If Policy 671 is revised as proposed, the Town Board would receive more specific information about how Town funds are being used by entities receiving Base Funding and have an opportunity on an annual basis to engage in dialogue with representatives of the entities. Disadvantages: • None. Action Recommended: Approve revisions to Policy 671 – Town Funding of Outside Entities. Finance/Resource Impact: Not applicable at this time. Level of Public Interest Medium. Sample Motion: I move for the approval/denial of the proposed revisions to Policy 671 – Town Funding of Outside Entities (possible addition to motion: including adding the Estes Arts District as an entity eligible for Base Funding). Attachments 1. Revised Policy 671 – Town Funding of Outside Entities 2. Revised Exhibit A – Base Funding Application Page 124 Policy 671 – Town Funding of Outside Agencies 016/124/20212 Revisions: 34 Town of Estes Park, Finance Page 1 of 5 Effective Period: Until superseded Review Schedule: Triennially Effective Date: 01/12/2021; Revised 06/14/2022 References: Governing Policies Manual 3.12 FINANCE 671 Town Funding of Outside Entities 1.PURPOSE To provide a process by which the Town of Estes Park allocates and distributes funding to outside entities. 2. POLICY The Town of Estes Park recognizes the important role those outside entities play in meeting the needs of the residents of the Estes Valley. Accordingly, when adequate funds are available, the Town may make financial contributions to these entities in accordance with the procedure below. 3.PROCEDURE a.Base Funding i.Purpose Base funding from the Town is intended to support the general operations and overhead of nonprofit entities that play a critical role in supporting the Town’s Strategic Plan. ii. Eligibility The following entities are eligible to apply for Base fFunding from the Town of Estes Park: 1)Crossroads Ministry of Estes Park 2)Estes Park Economic Development Corporation 3)Estes Park Housing Authority 4)Estes Park Nonprofit Resource Center 5)Estes Valley Crisis Advocates 6)Estes Valley Investment in Childhood Success 7)Salud Family Health Centers (Estes Park) Attachment 1 Page 125 Policy 671 – Town Funding of Outside Agencies 016/124/20212 Revisions: 34 Town of Estes Park, Finance Page 2 of 5 8) Via Mobility Services 9) Estes Valley Watershed Coalition iii. Review of Eligible Entities The Town Board will review the list of entities eligible to apply for Base Ffunding at every each scheduled review of this policy or at the request of the Town Board. This review will also include opportunity for public comment. iv. Application Eligible entities seeking Base Ffunding from the Town shall submit a completed “Base Funding Application” (Exhibit A) to the Assistant Town Administrator by July 1st of each calendar year for the next year’s budget (i.e. by 07/01/2017August 2, 2021 for the 202218 budget year). v. Process Applications for Base Ffunding will be processed as a departmental budget request by Town staff and presented to the Town Board as such. The following information will be presented by staff to the Town Board during the public budget hearings: 1) The Base funding request from each entity; and 2) The Base funding support recommended by the Town Administrator. vi. Annual Reporting 1) Written Report: Any entity receiving Base fFunding must submit an annual report to the Assistant Town Administrator’s Office by May 30th of the year following the year in which funding was received (i.e. May 30th, 2019 2022 for funding received for the 2018 2021 calendar year). This report must be no more than 350 words and should be structured as a press release on what programs and services the entity used the Town funding to support. The report should specify how the organization used Town funds to benefit the community and/or advance the Town’s Strategic Plan for the funding year. 2) Town Board Presentation: Any entity receiving Base Funding is expected to present to the Town Board once per year. Similar to the written report, the presentation should specify how the organization used Town funds to benefit the community and/or advance the Town’s Strategic Plan for the funding year. In addition to providing information about community benefits in a public setting, another reason for requiring a presentation is to provide the Town Board with an opportunity to directly engage with representatives of Base Funding entities. Page 126 Policy 671 – Town Funding of Outside Agencies 016/124/20212 Revisions: 34 Town of Estes Park, Finance Page 3 of 5 b. Community Initiative Funding i. Purpose Community Initiative funding is intended to support specific projects and programs that advance one or more Outcome Areas in the Town’s Strategic Plan. ii. Eligibility Any entity or group serving the Estes Valley is eligible to apply for Community Initiative funding, except those groups receiving Base funding under Section 3.a of this policy, other taxing districts, and organizations that exist for the purpose of providing financial support and/or fundraising for other taxing districts. Base fFunding recipients must ask for all desired funds through the Base fFunding process. iii. Application Eligible entities seeking Community Initiative funding shall submit a completed “Community Initiative Funding Application” (Exhibit B) to the Executive Assistant in AdministrationTown Administrator’s Office on or before August 31st of every year. iv. Process Applications for Community Initiative funding will be reviewed and ranked by each Board member individually in advance of the annual public budget hearings. Funding decisions will be made by the Board as a whole and will be adopted along with the budget. v. Criteria The following criteria will be used in the evaluation of Community Initiative funding applications: 1) Application Quality – is the application complete and does it adequately describe the proposed project or program? 2) Strategic Plan Advancement – how well, or to what degree, does the proposed project/program advance the Town’s Strategic Plan? 3) Initiative Reach – how many residents of the Estes Valley will benefit from the proposed project or program? vi. Project Report Any recipient of Community Initiative funding must submit a project/program report to the Assistant Town Administrator upon completion of the project/program that received funding from the Community Initiative funding process. The report must be no more than 350 words and should be structured as a press release that the Town may use to tell the story of the project. Page 127 Policy 671 – Town Funding of Outside Agencies 016/124/20212 Revisions: 34 Town of Estes Park, Finance Page 4 of 5 c. Event Sponsorship Funding i. Purpose Event Sponsorship funding is intended to demonstrate the Town’s support for community events. ii. Eligibility Any nonprofit organization that is organizing a local event (serving the Estes Valley) that is open to the public may request Event Sponsorship funding from the Town. iii. Application Eligible entities seeking event sponsorship funding shall submit a completed “Event Sponsorship Funding Application” (Exhibit C) to the Executive Assistant in Administration. Town Administrator’s Office. iv. Process All Event Sponsorship funding applications will be reviewed and awarded by the Leadership Team. No sponsorship shall exceed $1,000 and an organization may only receive one (1) sponsorship per calendar year (no in-kind funding requests will be considered). A budget for event sponsorships will be adopted annually and will be distributed on a first-come, first-served basis. v. Criteria The Leadership Team will evaluate Event Sponsorship funding applications using the following criteria: 1) Vision Alignment – does the event align with the Town’s Vision? 2) Cost of Event Attendance – is the event free or affordable for the general public? 3) Reach of Event – how many people does the event expect to attract? 4) Other Funding – have the organizers of the event received any other funding? vi. Exclusions Promotional sponsorships funded by Trailblazer Broadband are excluded from subsection (c), including the Event Sponsorship Funding criteria and processes. d. Limitations on Off-Cycle Funding Requests i. Definitions For the purposes of this policy, an “Off-Cycle Funding Request” is any request for financial support from an eligible outside entity that occurs outside of the procedures established in Sections 3.a, 3.b, and 3.c of this policy. Page 128 Policy 671 – Town Funding of Outside Agencies 016/124/20212 Revisions: 34 Town of Estes Park, Finance Page 5 of 5 ii. Purpose The Town of Estes Park strives to consider all funding requests from eligible outside agencies in a holistic manner in order to best prioritize these requests. To this end, the Town does not accept or grant off-cycle funding requests with the exception of those described in Section 3.d.iii. iii. Exceptions The Town will only consider off-cycle funding requests from entities that are eligible for Community Initiative funding, and only in the following circumstances: 1) The Town is being asked to fund the final gap of a fundraising effort for a time-sensitive project or program, and the Town’s contribution represents twenty-five percent (25%) or less of the total amount fundraised; or 2) There is a time-limited opportunity to leverage a significant amount of outside funding (at least a 1:1 match of the funding requested from the Town). iv. Application Eligible entities seeking off-cycle funding must submit the following to the Town Administrator: 1) A completed “Community Initiative Funding Application” (Exhibit B); and 2) A letter (no more than 500 words) explaining why the request qualifies under one of the exceptions listed in Section 3.d.iii of this policy. v. Process If the off-cycle funding request application falls under one of the two exceptions listed in Section 3.d.iii of this policy, the Town Administrator will schedule the consideration of said request as an action item for a Town Board meeting. Approved: _____________________________ Wendy Koenig, Mayor _____________ Date Page 129 POLICY 671 – EXHIBIT A Updated June 2022 Page 1 of 1 Base Funding Application Funding Year: 2023 Entity Name:___________________________________________________________ Contact Person:__________________________ Title:__________________________ Phone: ____________________________ E-mail:_____________________________ Address:_______________________________________________________________ Base Funding requested: $_________________ 1.If your Base Funding request has increased by more than $5,000 from the previous year, please explain what the additional funding would support. 2.Please attach the most recent fiscal year-end financial statements reflecting your entity’s beginning and ending balances for the year. This requirement can be met by submitting one or more of the following: a.Financial statements as approved by your board b.Audited statement or review by an outside expert c.Most recently filed IRS Form 990 3.Please list all anticipated funding sources for the current and coming year. Be sure to highlight any opportunities to leverage Town funds with external funds. 4.How does this project or program benefit the community and/or advance the Town’s Strategic Plan (www.estes.org/strategicplan) (500 words max)? 5.Please attach a list of your Board of Directors with names, Board titles, and contact information (email, phone, and/or address). I swear and affirm that all of the information included in this application, its attachments, and its supplemental documents is true and correct to the best of my knowledge. I further affirm that I understand the annual reporting requirements required of Base Funding Entities as outlined in the Town’s Finance Policy 671. _______________________________ _______________________________ Entity Director Board President/Chair Attachment 2 Page 130 Fwd: Estes Arts District Base Funding Mon, Jun 13, 2022 at 8:25 AM Dear Town Trustees, Assistant Administrator Damweber updated me on the questions raised at the May 24th meeting regarding the Estes Arts District (EAD) and our function as it relates to other arts-related organizations. The Arts District was developed as an umbrella organization for the creative arts; our mission is to promote and support existing art organizations, art businesses, plus the many individual artists, musicians, singers, dancers and actors in our community. The Estes Arts District is the only arts organization that links the people of our community to creative artists and organizations. Estesartsdistrict.org offers an Artist Resource List, which includes 192 individuals, businesses and organizations with their contact information. Users can search by categories that range from visual to performing artists, market and shows, to craft beverage and food. This list is one example of the way we support the arts, helping consumers find resources and allowing creatives to network, collaborate, and earn income for their services. Where are we now? We are in the third stage of development*: the mission and programs have taken hold in the community, and the need or demand for services exceeds the organization's capabilities. This is evidenced by the fatigue of an all-volunteer board that hosts and produces events that have outgrown our capacity. However, as we are continue to grow and evolve, we have become more efficient at implementing our strategic plan of collaboration with other arts organizations *adapted from: Nonprofit Lifecycles by Susan Kenny Stevens (2001) and The 5 Life Stages of Nonprofit Organizations by Judith Sharken Simon (2001) How do we foster collaboration? The EAD makes a point of including community leaders across creative mediums and with various missions on its board of directors. For example, Lars Sage was a founding member of the organization in 2015. He brings experience working in both nonprofit and for-profit galleries in town. He is back as a board member to help connect our mission to working artists in the community. He is currently Gallery Manager of the Art Center of Estes and President of the Board of the Fine Arts Guild of the Rockies.. We actively work to include a variety of voices. We regularly open our board meetings to offer “a seat at the table” to all of the arts nonprofit organizations. This keeps our board updated and informs the decisions we make about how we work to support and collaborate. This invitation of inclusion has led EAD board members to explore working as individual liaisons to a variety of arts entities. We are stronger together; our collaborations create a culture of creativity in Estes Park. Organizations we currently collaborate with and examples of how the EAD supports and connects: •Financial support of the Art Center of Estes Park’s Plein Aire program •Technical stage and sound support to Fine Arts Guild of the Rockies •Free venues to Rocky Ridge Music Foundation performances •Financial sponsorship of the Snowy Grass Music Festival and the Art Studio Tour. •“Boots on the ground” fiber bombing and art show installation in support of the Fiber Arts Council of Estes/Face of Fiber show. •Installing murals in collaboration with the community and businesses that carry historical and contempoaray stories from the Museum of Este Park and the local firefighters. Where we are going: EAD is working to refine and strengthen our impact as an umbrella orgation and advocate for the creative arts in Estes Park. This support also impacts tourism and guest experiences. We are the link between all the arts organizations and we work to help sustain programming and missions of those other entities. The impact of base funding: Base funding will indirectly fund and support all creative organizations and endeavors. One priority is a paid staff member who can sustain our own programming as well as strengthen the network of arts organizations. Long term, we will continue to strengthen our relationship with entities such as the Economic Development Corporation and Visit Estes Park to better include the arts in the development and promotion of Estes Park. Please help us to strengthen the existing and endless possibilities of Estes’ creative impact on community members, nonprofits, tourism, and individual artists by affording us the privilege of base funding as an outside entity. Best Regards, Greg Miles, President ~ Estes Arts District Public Comment Received by 2022-06-13 Page 131 Page 132 POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeremiah Polucha, Interim Captain of Operations Date: June 14, 2022 RE: Setting the Public Hearing for Ordinance 08-22, Amending Chapter 10.04 of the Estes Park Municipal Code, and Adopting the 2020 Model Traffic Code by Reference (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To formally set the public hearing and meet publication requirements set up in State Statute 31-16-202 & 31-16-203 for the adoption of the code. Present Situation: • In 2012, the Town adopted the 2010 revision of the Model Traffic Code (MTC) and a 9-page Appendix. Parking regulation within the Appendix were further revised in 2013. • In 2019, the Town adopted the 2018 revision of the MTC and replaced the 9- page Appendix with new provisions to Title 10 of the Estes Park Municipal Code (EPMC). The new provisions to Title 10 included year-round and seasonal parking regulations, timed parking regulations, and paid parking regulations. • In 2020, the State of Colorado published the 2020 revision of the MTC, which replaced the 2010 version of the MTC. • In 2022, the Town learned that the 2018 revision of the MTC was a draft version, not a final publication. The revision was ultimately finalized with a 2020 publication date. • Town staff would like to clarify that the easily accessible provisions of the 2020 MTC are the laws that apply within the Town. Proposal: The attached ordinance modifies the EPMC to adopt the 2020 MTC, replacing the 2018 MTC draft. Page 133 Advantages: Adopting the latest version of the MTC enables the Town to ensure uniformity of basic road rules, uniformity of local traffic regulations, standardization of traffic regulation and control on streets that are state highways, and compatibility of traffic ordinances with State and national vehicle codes. Disadvantages: None Action Recommended: The Police Department staff recommend setting a public hearing for Ordinance 08-22 for July 12, 2022. Finance/Resource Impact: None Level of Public Interest The known level of public interest in this item is low. Sample Motion: I move to approve/deny setting the public hearing of Ordinance 08-22 for July 12, 2022. Attachments: 1. Ordinance 08-22 Model Traffic Code adoption - Draft 2.Model Traffic Code Notice of Public Hearing 2022 3.Link to 2020 Model Traffic Code Page 134 ORDINANCE NO. 08-22 AN ORDINANCE AMENDING CHAPTER 10.04 OF THE ESTES PARK MUNICIPAL CODE AND ADOPTING THE 2020 MODEL TRAFFIC CODE BY REFERENCE WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Section 10.04.010 of the Estes Park Municipal Code is hereby amended, by adding underlined material and deleting stricken material, to read as follows: 10.04.010 - Model Traffic Code adopted. The Model Traffic Code for Colorado, Revised 20182020, published by the Colorado Department of Transportation (CDOT), Traffic & Safety Engineering Branch, 2829 W. Howard Place, Denver, Colorado 80204, is hereby adopted. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this Chapter and the Code adopted herein is to provide a system of traffic regulations consistent with the state law and generally conforming to the similar regulations throughout the state and the nation. The 2018 2020 edition of the Model Traffic Code is adopted herein by reference as a primary code as if though set out at length herein, subject to the additions and modifications set forth in this Chapter. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of , 2022. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 135 NOTICE OF PUBLIC HEARING The Board of Trustees of the Town of Estes Park shall conduct a public hearing on the 12th day of July, 2022 at 7:00 p.m. in the Board Room of Town Hall, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of considering the adoption of the Model Traffic Code for Colorado, Revised 2020, as the traffic ordinance of the Town of Estes Park, Colorado. A copy of the Model Traffic Code for Colorado, Revised 2020 is on file with the Town Clerk and is open to public inspection at the Municipal Building, 170 MacGregor Ave., Estes Park, Colorado between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The Model Traffic Code for Colorado, Revised 2020, was published by the Colorado Department of Transportation, 2829 W. Howard Pl., Denver, Colorado, 80204 for the purpose of providing uniform traffic regulation and control in municipalities throughout the State of Colorado. PUBLISH: Legal Notice Trail Gazette Friday, June 24, 2022 (at least 15 days prior to hearing) Friday, July 1, 2022 (at least 8 days prior to hearing) Attachment 2 Page 136 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 4. Ordinance 06-22 Considering the Inclusion of Certain Properties Located within the Town of Estes Park into the Northern Colorado Water Conservancy District.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT.  Review the staff report. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION. Page 137  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 138 WATER DIVISION Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Utilities Director Bergsten, Water Superintendent Eshelman, Special Counsel Greg White Date: June 14, 2022 RE: Ordinance 06-22 Considering the Inclusion of Certain Properties Located within the Town of Estes Park into the Northern Colorado Water Conservancy District (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Compliance with Northern Colorado Water Conservancy District’s (District) rules and regulations. Present Situation: The Town’s municipal water system uses CBT water which the District oversees. The District’s rules and regulations require all properties receiving CBT water be included in the District. Certain properties using the Town’s municipal water system were inadvertently not included in the District. Pursuant to Colorado State Statute, the Town Board may include these properties into the District by passing an ordinance consenting to the inclusion of the specific properties. All properties included within the District are subject to the District’s 1 mil levy property tax. Many of the properties listed in the exhibit already pay the District’s 1 mil levy. Proposal: The adoption of this ordinance will bring the water customers within the Town’s boundary into compliance with District rules and regulations and provide the necessary public records which will be filed with the County Recorder. This ordinance is the first step in the process to include all water customers’ properties into the District. Staff is working on the second step which will bring the remaining water customers’ properties, outside the Town’s boundary, into the District. Page 139 All costs to include these properties into the District are in the approved Water Division budget. Advantages: Passage of this ordinance will allow the Town to continue providing CBT water to its water customers, in compliance with the District’s requirements. Eventually, all properties receiving Town water will be included into the District, as required by the District’s rules and regulations. Disadvantages: None. Action Recommended: Adoption of the two ordinances. Finance/Resource Impact: Fees required to include these properties in the District are in the approved budgeted, Project code NCWCD, Account # 503-7000-580.35-54, $79,048. Level of Public Interest Low. Sample Motion: I move for the adoption of Ordinance 06-22 Attachments: 1. Ordinance 06-22 2. Exhibit A to Ordinance 06-22 Page 140 ORDINANCE NO. 06-22 AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Town of Estes Park is an allottee of the Northern Colorado Water Conservancy District for use of Colorado Big Thompson water (CBT water) within the Town’s municipal water system; and WHEREAS, the rules and regulations of the Northern Colorado Water Conservancy District require that all properties receiving CBT water be included within; and WHEREAS, certain properties within the Town of Estes Park have inadvertently not been included within the boundaries of the Northern Colorado Water Conservancy District; and WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion of said properties within the Northern Colorado Water Conservancy District pursuant to the provisions of section 37-45-136(3.6) C.R.S; and WHEREAS, the Town Board wishes to use the provisions of section 37-45- 136(3.6) C.R.S., to include those properties within the Northern Colorado Water Conservancy District which properties were not included at the time of annexation of the property to the Town of Estes Park; and WHEREAS, a notice was sent by mail to all property owners owning property to be included within the Northern Colorado Water Conservancy District notifying said property owners of the terms and conditions of this Ordinance and other District requirements; and WHEREAS, said written notice provides that any property owner could appear before the Board of Trustees of the Town of Estes Park and express any concerns prior to the adoption of this Ordinance by the Board of Trustees of the Town of Estes Park; and WHEREAS, the Board of Trustees, prior to the adoption of this Ordinance has allowed all interested parties to express their concerns regarding this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Pursuant to the provisions of section 37-45-136(3.6) C.R.S, the Board of Trustees of the Town of Estes Park hereby consents to the inclusion of the properties set forth on Exhibit “A” attached hereto and incorporated herein by reference within the boundaries of the Northern Colorado Water Conservancy District. Section 2: The Board of Trustees hereby authorizes the Utilities Director or designee to file the necessary documents for inclusion of the lands as set forth on Exhibit “A” and pay all fees necessary to accomplish the inclusion of the lands within the Northern Colorado Water Conservancy District. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of _______________, 2022. Attachment 1 Page 141 TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Special Counsel Town Attorney Page 142 Exhibit A to Ordinance 06-22 PARCEL NUMBER LEGAL DESCRIPTION 3516400091 TR IN NW 1/4 OF SE 1/4 16-5-73, EP, DESC AS BEG AT CEN 1/4 COR, S 0 37' W ALG 1/4 SEC LN 186.5 FT TO SERLY ROW HWY 34; TH ALG ROW S 85 7' E 401.15 FT TPOB, TH ALG ROW S 85 7' E 15.85 FT, S 62 56' E 93.9 FT, TH LEAV ROW S 0 37' W 238.36 FT, N 60 40' W 114 3522426001 UNIT 1, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP 2529317001 UNIT 1, LOT 3, SOLITUDE III CONDOS, EP (20030077909) 3522427003 UNIT 3, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP 3522427004 UNIT 4, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP 2529324001 UNIT 1, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) 3522433010 UNIT 10, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP 2529315001 UNIT 1, LOT 4, SOLITUDE IV CONDOS, SUPP. NO. 1, EP (20030072507) 2529315007 UNIT 7, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) 2529324004 UNIT 4, SOLITUDE V CONDOMINIUMS, (UNIT 4) EP (20040027677) 2529324006 UNIT 6, SOLITUDE 5 CONDOS SUPP 4 EP (20050037947) 3522430007 UNIT 7, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 2529315005 UNIT 5, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 2529317004 UNIT 4, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970) 3522428005 UNIT 5, CASTLE MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 2, EP 2529317003 UNIT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 3, EP (20040011582) 3536405006 LOT 6, MAJESTIC PINES, ESTES PK 3536419007 LOT 7A, AMD PLAT LOT 7, MAJESTIC PINES SUB, EP 3536405005 LOT 5, MAJESTIC PINES, ESTES PK 3536412003 LOT 3, STEELE SUB, EP 2529319001 UNIT 1, SOLITUDE VI CONDOS, EP (20030106550) 2529319003 UNIT 3, SOLITUDE VI CONDOS, EP (20030106550) 2529317005 UNIT 5, SOLITUDE 3 CONDOS SUPP 4, EPK (20080002696) 3536405009 LOT 9, MAJESTIC PINES, ESTES PK 3536405010 LOT 10, MAJESTIC PINES, ESTES PK 3523300018 TR IN SE 1/4 OF SW 1/4 23-5-73 DESC AS BEG AT PT N 0 10' 30" E 486.20 FT FROM S 1/4 COR, TH N 89 49' W 500 FT TPOB; TH N 0 10' 30" E 500 FT, TH N 89 49' W 130 FT, TH S 0 10' 30" W 500 FT, TH S 89 49' E 130 FT TPOB, ESTES PK (C13N001030E) 2529315002 UNIT 2, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (2003-0024978) 2529324005 UNIT 5, SOLITUDE V CONDOS SUPP 3 LOT 5 EPK (20050016175) 2529315006 UNIT 6, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 2529315003 UNIT 3, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (20030024978) 2529315004 UNIT 4, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) 2529324003 UNIT 3, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) 3536405011 LOT 11, MAJESTIC PINES, ESTES PK 3536405004 LOT 4, MAJESTIC PINES, ESTES PK 3536405012 LOT 12, MAJESTIC PINES, ESTES PK 3536405003 LOT 3, MAJESTIC PINES, ESTES PK 3536405002 LOT 2, MAJESTIC PINES, ESTES PK 3536419008 LOT 7B, AMD PLAT LOT 7, MAJESTIC PINES SUB, EP 2529324002 UNIT 2, SOLITUDE V CONDOMINIUMS, SUPP MAP 1 (UNIT 2), EP (20040045029) 3516412003 LOT 3, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP 3523308057 TR 57, ESTES PARK AMD LOT 2 DEER CREST SUB & TR'S 56 & 57 FALL RIVER ADD, EP 3515300006 PAR IN NE 1/4 OF SE 1/4 16-5-73 & NW 1/4 OF SW 1/4 15-5-73, EP, BEG AT S 1/16 COR COMMON TO SEC 15 & 16 LOC ON NRLY BANK FALL RIV, E 528 FT, N 330 FT, W TO PT ON SRLY ROW HWY 34 WH BEARS N 89 45' E 146.7 FT FROM PT WH BEARS N 1 19' E 330 FT FROM POB, TH 3523310001 LOT 1, STREAMSIDE AMD PLAT OF TR 59A FALL RIVER ADD AND LOT 2, OF AMD PLAT LOT 2, DEER CREST SUB, AND TR'S 56 & 57, FALL RIVER ADD TO THE TOWN OF ESTES PARK;(20050101901) LESS PHASE 1 CONDOS @20060048203; LESS SUPP 1 20110046573; LESS; LESS SUPP 1 AMND; 3523309056 TR 56A, ESTES PARK AMD LOT 2 DEER CREST SUB & TR'S 56 &57 FALL RIVER ADD, EP Attachment 2 Page 143 Exhibit A to Ordinance 06-22 2529318001 LOT 3, SOLITUDE SUB (CONDOS) EP (2002030494); LESS 20030077909; LESS 20030096972; LESS 20030133970; LESS 20040011582; LESS 20080002696; AKA CIC 3522430008 UNIT 8, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3522429006 UNIT 6, BIG HORN MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3522426002 UNIT 2, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP 2529320001 LOT 6, SOLITUDE SUB EP (2002030494); LESS 20030106550; AKA CIC; LESS POR PER 20210027268; 2529329007 Unit 7, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268) 2529317002 UNIT 2, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 1 (20030096972) 3525326001 LOT 1, THE PARK RIVER WEST SUBDIVISION, EP (2001098391); LESS 20030077911; 20030106552; 20030125222; 20040012984; 20040083612; 20040099929; 20040117482; 20050022660; 20050100769;LESS 20060017346; 20060073966; AKA CIC (FOR CONDOS) 3536409003 LOT 8B, REGAL PINES RESUB, EP 3536409001 LOT 1, REGAL PINES RESUB, EP 3536409002 LOT 8A, REGAL PINES RESUB, EP 3522433011 UNIT 11, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP 2529314005 LOT 5, SOLITUDE SUBDIVISION, EP (2002030494) LESS 20040027677; LESS 20040045029; LESS 20050016175; LESS 20050037947; AKA CIC 3526300048 COM AT W 1/4 COR OF 26-5-73, TH S ALG W LN OF NW OF SW S 0 19' 15" W 755.8 FT TPOB, S 89 38' 20" E 99.94 FT, TH ALG W LN LOT 10 S 0 4' 9" W 211.14 FT TO SW COR LOT 10, N 89 54' 46" W 100.87 FT, N 0 19' 15" E 211.62 FT TPOB (SPLIT FROM 35263 00 020) 3516400031 TR IN NW 1/4 OF SE 1/4 16-5-73, EP, DESC AS E 100 FT OF W 700 FT OF NW 1/4 OF SE 1/4 LY N OF C/L FALL RIV & S OF S LN HWY 2529316001 CIC, (LOT 4) SOLITUDE IV CONDOMINIUMS, EP (2003-0024978) LESS 20030133971 Page 144 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 5. Ordinance 07-22 Considering the Inclusion of Certain Properties Located within the Town of Estes Park into the Northern Colorado Water Conservancy District Municipal Subdistrict.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT.  Review the staff report. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION. Page 145  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 146 WATER DIVISION Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Utilities Director Bergsten, Water Superintendent Eshelman, Special Counsel Greg White Date: June 14, 2022 RE: Ordinance 07-22 Considering the Inclusion of Certain Properties Located within the Town of Estes Park into Northern Colorado Water Conservancy’s Municipal Subdistrict (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Compliance with Northern Colorado Water Conservancy’s Municipal Subdistrict’s (Subdistrict) rules and regulations. Present Situation: The Town’s municipal water system uses Windy Gap water which the Subdistrict oversees. The Subdistrict’s rules and regulations require all properties receiving Windy Gap water be included in the Subdistrict. Certain properties using the Town’s municipal water system were inadvertently not included in the Subdistrict. Pursuant to Colorado State Statute, the Town Board may include these properties into the Subdistrict by passing an ordinance consenting to the inclusion of the specific properties. Proposal: The adoption of this ordinance will bring the water customers within the Town’s boundary into compliance with Subdistrict’s rules and regulations and allow the required public records to be filed with the County Recorder. This ordinance is the first step in the process to include all water customers’ properties into the Subdistrict. Staff is working on the second step which will bring the remaining water customers’ properties, outside the Town’s boundary, into the Subdistrict. All costs to include these properties into the Subdistrict are in the approved Water Division budget. Page 147 Advantages: Passage of this ordinance will allow the Town to continue providing Windy Gap water to its water customers in compliance with the Subdistrict’s requirements. Eventually, all properties receiving Town water will be included in the Subdistrict, as required by the Subdistrict’s rules and regulations. Disadvantages: None. Action Recommended: Adoption of the ordinance. Finance/Resource Impact: Fees required to include these properties in the Subdistrict are in the approved budgeted, Project code NCWCD, Account # 503-7000-580.35-54, $79,048. Level of Public Interest Low. Sample Motion: I move for the adoption of Ordinance 07-22 Attachments: 1. Ordinance 07-22 2. Exhibit A to Ordinance 07-22 Page 148 ORDINANCE NO. 07-22 AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Town of Estes Park is the holder of three (3) units of Windy Gap water under the Rules and Regulations of the Municipal Subdistrict, Northern Colorado Conservancy District (the “Subdistrict”); and WHEREAS, certain properties located within the Town of Estes Park have inadvertently not been included within the boundaries of the Subdistrict; and WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion of said properties within the Subdistrict, pursuant to the provisions of section 37-45- 136(3.6) C.R.S; and WHEREAS, the Town Board wishes to use the provisions of section 37-45- 136(3.6) C.R.S., to consent to the inclusion of those properties within the Subdistrict, which properties were not included at the time of annexation of the property to the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Pursuant to the provisions of section 37-45-136(3.6) C.R.S, the Board of Trustees of the Town of Estes Park hereby consents to the inclusion of the properties set forth on Exhibit “A” attached hereto and incorporated herein by reference within the boundaries of the Subdistrict. Section 2: The Board of Trustees hereby authorizes the Utilities Director or designee to file the necessary documents for inclusion of the lands as set forth on Exhibit “A” and pay all fees necessary to accomplish the inclusion of the lands within the Subdistrict. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of _______________, 2022. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk Attachment 1 Page 149 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Special Counsel Town Attorney Page 150 Exhibit A to Ordinance 07-22 PARCEL NUMBER LEGAL DESCRIPTION 3536423028 LOT 28, PROSPECT EST SUB 3RD FIL, EP 3516400091 TR IN NW 1/4 OF SE 1/4 16-5-73, EP, DESC AS BEG AT CEN 1/4 COR, S 0 37' W ALG 1/4 SEC LN 186.5 FT TO SERLY ROW HWY 34; TH ALG ROW S 85 7' E 401.15 FT TPOB, TH ALG ROW S 85 7' E 15.85 FT, S 62 56' E 93.9 FT, TH LEAV ROW S 0 37' W 238.36 FT, N 60 40' W 114 3401128032 LOT 32, CARRIAGE HILLS 6TH, EP 3524300023 BEG AT PT FROM WH SW COR 24-5-73 BEARS N 89 45' W1084.5 FT, N 5 40' E 166.8 FT, S 89 31' E 235.2 FT TO W LN ALFRESCO PL, TH S ALG SD W LN 165.2 FT TO SW COR SD ALFRESCO PL, N 89 45' W 254.3 FT TO BEG; LESS HWY, ESTES PK 3401215014 LOT 14, CARRIAGE HILLS 6TH, EP 3525200007 BEG AT PT WH NW COR 25-5-73 BEARS N 38 26' W 498.1 FT, N 0 16' E 244.2 FT, S 86 31' W 195 FT, S 1 11' E 245.9 FT, N 86 5' E 189 FT TPOB, ESTES PK; LESS RD AS PER 91026461 3401128033 LOT 33, CARRIAGE HILLS 6TH, EP 3522426001 UNIT 1, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP 3526100034 COM 180 FT W OF NE COR 26-5-73, W 285 FT, S 20 15' E 341.27 FT, N 88 13' 42 174.93, N 1 27' W 314.87 FT TO BEG, ESTES PK; LESS RD DESC IN 1707-234 3526100033 POR NE OF NE SEC 26 & SE OF SE SEC 23-5-73, DESC AS BEG AT PT WH NE COR SEC 26 BEARS E 465 FT; TH S 20 15' E 360.3 FT M/L TO CEN FALL RIV RD; TH S 86 12' W 161 FT; TH S 64 14' W 242.7 FT; TH S 88 40' W 128.9 FT; TH N 1 47' E 719.1 FT; TH E 324.8 FT; TH 3523400004 COM 315 FT W OF SE COR 23-5-73, N 290 FT 4 IN, W 150 FT, S 290 FT 4 IN, E 150 FT TO BEG, ESTES PK 3523400001 COM AT SE COR 23-5-73, N 176 FT, W 150 FT, N 224 FT, W 150 FT, SWRLY TO PT WH IS 315 FT W & 290 FT 4 IN N OF SE COR, S 290 FT 4 IN, E 315 FT TO BEG, ESTES PK; LESS RD DESC IN 1707-231 3524300014 NEW PARCEL I, DESC AS: POR OF SW 1/4 24-5-73 & SE 1/4 23-5-73; BEG AT SW COR 24-5-73; TH S 89 49' 59" E 153.84 FT; TH N 00 28' 41" E 220.19 FT; TH S 89 43' 25" W 21.41 FT; TH N 83 42' 59" W 135.25 FT; TH N 41 47' 45" W 28.9 FT; TH S 31 16' 27" W 90. 3525200006 BEG AT PT WH NW COR 25-5-73 BEARS N 89 45' W 112.5 FT, S 89 45' E 198.9 FT, S 16' W 143.9 FT, S 86 31' W 195 FT, N 1 11' W 156.6 FT TPOB, ESTES PK 3523411002 TRACT B1, AMD TRACT B, BOOTH RESUB OF LOTS 2-5 & 7, AND PORS OF LOTS 1,6,8 &9, ELKHORN EST, EP (20130049373) 2531366001 CIC, PARK CONDOS, EP (99037912) 2531365001 UNIT 1 , BLDG A, PARK CONDOS, EP (99037912) 2531365002 UNIT 2, BLDG A, PARK CONDOS, EP (99037912) 3536421002 LOT 38B, AMD LOT 38 PROSPECT MTN SUB PUD 7TH, EP 3536418034 LOT 34, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536418031 LOT 31, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536418033 LOT 33, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536418035 LOT 35, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536413011 LOT 11, PROSPECT MTN SUB, PUD, 3RD FILING, EP 2529317001 UNIT 1, LOT 3, SOLITUDE III CONDOS, EP (20030077909) 3536418032 LOT 32, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536423022 LOT 22, PROSPECT EST SUB 3RD FIL, EP 3536423020 LOT 20, PROSPECT EST SUB 3RD FIL, EP 3536423021 LOT 21, PROSPECT EST SUB 3RD FIL, EP 3536423023 LOT 23, PROSPECT EST SUB 3RD FIL, EP 3536410016 LOT 16, PROSPECT ESTATES, EP 3401125001 LOT 1, CARRIAGE HILLS, 7TH, EP 3536423026 LOT 26, PROSPECT EST SUB 3RD FIL, EP 3536423024 LOT 24, PROSPECT EST SUB 3RD FIL, EP 3536423025 LOT 25, PROSPECT EST SUB 3RD FIL, EP 3536423019 LOT 19, PROSPECT EST SUB 3RD FIL, EP 3536423017 LOT 17, PROSPECT EST SUB 3RD FIL, EP 3401128020 LOT 20, CARRIAGE HILLS 6TH, EP 3401128029 LOT 29, CARRIAGE HILLS 6TH, EP 3401128018 LOT 18, CARRIAGE HILLS 6TH, EP Attachment 2 Page 151 Exhibit A to Ordinance 07-22 3401128030 LOT 30, CARRIAGE HILLS 6TH, EP 3522427003 UNIT 3, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP 3522427004 UNIT 4, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP 2529324001 UNIT 1, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) 3516416001 Lot 1, CLOUD NINE SUB, EP (20170058299) 3401125033 LOT 33, CARRIAGE HILLS, 7TH, EP 3401125037 LOT 37, CARRIAGE HILLS, 7TH, EP 2406211047 LOT 47, CARRIAGE HILLS, 7TH, EP 3401125019 LOT 19, CARRIAGE HILLS, 7TH, EP 3401128017 LOT 17, CARRIAGE HILLS 6TH, EP 2531365004 UNIT 2, BLDG B , PARK CONDOS, EP (99037912) 3401125038 LOT 38, CARRIAGE HILLS, 7TH, EP 3401125027 LOT 27, CARRIAGE HILLS, 7TH, EP 3401125066 LOT 66, CARRIAGE HILLS, 7TH, EP 3401125041 LOT 41, CARRIAGE HILLS, 7TH, EP 3401125029 LOT 29, CARRIAGE HILLS, 7TH, EP 2406211044 LOT 44, CARRIAGE HILLS, 7TH, EP 2406211046 LOT 46, CARRIAGE HILLS, 7TH, EP 3401125013 LOT 13, CARRIAGE HILLS, 7TH, EP 2406211055 LOT 55, CARRIAGE HILLS, 7TH, EP 3401125014 LOT 14, CARRIAGE HILLS, 7TH, EP 2406211054 LOT 54, CARRIAGE HILLS, 7TH, EP 3401125018 LOT 18, CARRIAGE HILLS, 7TH, EP 3401125025 LOT 25, CARRIAGE HILLS, 7TH FIL, EP 2406211049 LOT 49, CARRIAGE HILLS, 7TH, EP 3401125040 LOT 40, CARRIAGE HILLS, 7TH, EP 3401125031 LOT 31, CARRIAGE HILLS, 7TH, EP 3401125011 LOT 11, CARRIAGE HILLS, 7TH, EP 2406211057 LOT 57, CARRIAGE HILLS, 7TH, EP 3401125022 LOT 22, CARRIAGE HILLS, 7TH, EP 3401125030 LOT 30, CARRIAGE HILLS, 7TH, EP 2406211048 LOT 48, CARRIAGE HILLS, 7TH, EP 3522433010 UNIT 10, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP 3401128016 LOT 16, CARRIAGE HILLS 6TH, EP 3401128031 LOT 31, CARRIAGE HILLS 6TH, EP 3526111001 Lot 1, GRADY MINOR SUB, EP (20190043822) 2529315001 UNIT 1, LOT 4, SOLITUDE IV CONDOS, SUPP. NO. 1, EP (20030072507) 2529315007 UNIT 7, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) 2529324004 UNIT 4, SOLITUDE V CONDOMINIUMS, (UNIT 4) EP (20040027677) 3401125035 LOT 35, CARRIAGE HILLS, 7TH, EP 3401125936 LOT 36, CARRIAGE HILLS, 7TH, EP 3401125034 LOT 34, CARRIAGE HILLS, 7TH, EP 2529324006 UNIT 6, SOLITUDE 5 CONDOS SUPP 4 EP (20050037947) 3401215039 LOT 39, CARRIAGE HILLS 6TH FIL, EP 3401215008 LOT 8, CARRIAGE HILLS 6TH, EP 3401215007 LOT 7, CARRIAGE HILLS 6TH, EP 3401215006 LOT 6, CARRIAGE HILLS 6TH, EP 3401215005 LOT 5, CARRIAGE HILLS 6TH, EP 3401215004 LOT 4, CARRIAGE HILLS 6TH, EP 3401128023 LOT 23, CARRIAGE HILLS 6TH, EP 3401215013 LOT 13, CARRIAGE HILLS 6TH, EP 3401215012 LOT 12, CARRIAGE HILLS 6TH, EP 3401128035 LOT 35, CARRIAGE HILLS 6TH, EP 3401215011 LOT 11, CARRIAGE HILLS 6TH, EP 3401215036 LOT 36, CARRIAGE HILLS 6TH, EP 3401215037 LOT 37, CARRIAGE HILLS 6TH, EP 3401215010 LOT 10, CARRIAGE HILLS 6TH, EP 3401215038 LOT 38, CARRIAGE HILLS 6TH, EP Page 152 Exhibit A to Ordinance 07-22 3401215009 LOT 9, CARRIAGE HILLS 6TH, EP 3401128025 LOT 25, CARRIAGE HILLS 6TH, EP 3401128021 LOT 21, CARRIAGE HILLS 6TH, EP 3401128027 LOT 27, CARRIAGE HILLS 6TH, EP 3401128019 LOT 19, CARRIAGE HILLS 6TH FIL, EP 3401128022 LOT 22, CARRIAGE HILLS 6TH, EP 3401128026 LOT 26, CARRIAGE HILLS 6TH, EP 3522430007 UNIT 7, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3523422001 LOTS 1 AND 2, WITT SUBDIVISION, EP 20040003702 (COMBINED 3523422002) 2529315005 UNIT 5, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 3523422003 LOT 3, WITT SUBDIVISION, EP 20040003702 3536416026 LOT 26, PROSPECT MTN SUB, PUD, 5TH FILING, EP 2531310002 TR B, REIDS S ST VRAIN, DESC AS COM AT S 1/4 COR 31-5-72, N 0 48' W 805.72 FT TPOB, N 63 18' 32" W 248.75 FT, N 42 35' 18" E 131.58 FT, S 62 29' 25"E 147.97 FT, S 0 48' E 140.27 FT TPOB 3536423014 LOT 14, PROSPECT EST SUB 3RD FIL, EP 3536407002 LOT 2, PROSPECT MOUNTAIN SUB, A PUD, EP 3536410018 LOT 18, PROSPECT ESTATES, EP 3536410001 LOT 1, PROSPECT ESTATES, EP 3536407001 LOT 1, PROSPECT MOUNTAIN SUB, A PUD, EP 3536410002 LOT 2, PROSPECT ESTATES, EP 3536423013 LOT 13, PROSPECT EST SUB 3RD FIL, EP 3536406002 TRACT B, PROSPECT ESTATES ADDITION, EP 2529317004 UNIT 4, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970) 3522428005 UNIT 5, CASTLE MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 2, EP 3536416024 LOT 24 & 25, PROSPECT MTN SUB, PUD, 5TH FILING, EP(COMBINE 35364-16-025) 2529317003 UNIT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 3, EP (20040011582) 3536415018 LOT 18, PROSPECT MTN SUB, PUD 4TH, EP 3536415016 LOTS 16 & 17, PROSPECT MTN SUB, PUD 4TH, EP 3523400002 POR OF 23 & 24-5-73 BEG AT SW COR SEC 24, TH ALG W LN SW 1/4 N 504.6 FT TPOB, TH 53.10 FT ALG CUR CONC NE, C/A 1 5' 47", RAD 2775 FT, RAD LN PASS THROUGH BEARS S 20 13' 9" W, N 270.27 FT, W 50 FT, TH W 150 FT, S 192.19 FT, S 67 11' 30" E 68.25 FT TO BE 3523400003 POR OF SE 1/4 OF SE 1/4 23-5-73 DESC AS POR OF FOL DESC PAR LY N OF N LN HWY AS IN 1069-236; COM AT PT 400 FT N & 150 FT W OF SE COR, TH N 290 FT, W 150 FT, S 290 FT, E 150 FT TPOB 2531300016 COM AT S 1/4 COR 31-5-72, EP, N 0 48' W 410.15 FT TPOB, N 76 38' 4" W 791.96 FT TO ERLY R/W HWY 7, N 38 56' 21" E 235.03 FT, S 73 53' 32" E 266.67 FT, S 73 33' 42" E 379.53 FT, S 0 48' E 184.52 FT TPOB; ALSO LOT 2 MASONIC SUB, EP (COMBINE 25313- 16-002 3401128034 LOT 34, CARRIAGE HILLS 6TH, EP 3536415021 LOT 21, PROSPECT MTN SUB, PUD 4TH, EP 3401125039 LOT 39, CARRIAGE HILLS, 7TH, EP 3401125023 LOT 23, CARRIAGE HILLS, 7TH, EP 2406211056 LOT 56, CARRIAGE HILLS, 7TH, EP 2406211045 LOT 45, CARRIAGE HILLS, 7TH, EP 3401125072 LOT 72, CARRIAGE HILLS, 7TH, EP 3401125015 LOT 15, CARRIAGE HILLS, 7TH, EP 3401125017 LOT 17, CARRIAGE HILLS, 7TH, EP 2406211050 LOT 50, CARRIAGE HILLS, 7TH, EP 2406211053 LOT 53, CARRIAGE HILLS, 7TH, EP 2529319001 UNIT 1, SOLITUDE VI CONDOS, EP (20030106550) 2529319003 UNIT 3, SOLITUDE VI CONDOS, EP (20030106550) 2406211059 LOT 59, CARRIAGE HILLS, 7TH, EP 3401125060 LOT 60, CARRIAGE HILLS, 7TH FIL, EP 2406211051 LOT 51, CARRIAGE HILLS, 7TH, EP 2406211052 LOT 52, CARRIAGE HILLS, 7TH, EP 3536410013 LOT 13, PROSPECT ESTATES, EP; EX POR BY QUIET TITLE IN 1383-457 3536410012 LOT 12, PROSPECT ESTATES, EP; EX POR BY QUIET TITLE IN 1383-457 Page 153 Exhibit A to Ordinance 07-22 2406211043 LOT 43, CARRIAGE HILLS, 7TH, EP 3401125075 LOT 75, CARRIAGE HILLS, 7TH, EP 3401125073 LOT 73, CARRIAGE HILLS, 7TH, EP 3401125074 LOT 74, CARRIAGE HILLS, 7TH, EP 3401125028 LOT 28, CARRIAGE HILLS, 7TH, EP 2529317005 UNIT 5, SOLITUDE 3 CONDOS SUPP 4, EPK (20080002696) 3536410017 LOT 17, PROSPECT ESTATES, EP 3536423031 LOT 31, PROSPECT EST SUB 3RD FIL, EP 3536412002 LOT 2, STEELE SUB, EP 3536423030 LOT 30, PROSPECT EST SUB 3RD FIL, EP 3536423029 LOT 29, PROSPECT EST SUB 3RD FIL, EP 2531310001 TR A, REIDS S ST VRAIN, DESC AS; COM AT S 1/4 COR 31-5-72, N 0 48' W 805.72 FT, N 63 18' 32" W 248.75 FT TPOB, N 61 20' 32" W 221.97 FT TO ERLY R/W HWY 7, N 38 56' 21" E 24.5 FT ALG SD R/W, TH ALG ARC CUR L, C/A 1 58' 23", RAD 2914.79 FT, L/C N 37 57' 3523300018 TR IN SE 1/4 OF SW 1/4 23-5-73 DESC AS BEG AT PT N 0 10' 30" E 486.20 FT FROM S 1/4 COR, TH N 89 49' W 500 FT TPOB; TH N 0 10' 30" E 500 FT, TH N 89 49' W 130 FT, TH S 0 10' 30" W 500 FT, TH S 89 49' E 130 FT TPOB, ESTES PK (C13N001030E) 2529315002 UNIT 2, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (2003-0024978) 2531464003 LOT 3, FISH CREEK ADD, EP 3523407001 LOT 1, SEYBOLD SUB E P 2529324005 UNIT 5, SOLITUDE V CONDOS SUPP 3 LOT 5 EPK (20050016175) 2529315006 UNIT 6, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 2529315003 UNIT 3, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (20030024978) 2529315004 UNIT 4, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) 2529324003 UNIT 3, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) 3523409003 LOT 3, WILSON SUB, EP 3401215003 LOT 3, CARRIAGE HILLS 6TH, EP 3401215002 LOT 2, CARRIAGE HILLS 6TH, EP 3401215001 LOT 1, CARRIAGE HILLS 6TH, EP 3536416027 LOT 27 AMENDED, PROSPECT MTN SUB, PUD, 5TH FILING, EP (20100027950) 2529324002 UNIT 2, SOLITUDE V CONDOMINIUMS, SUPP MAP 1 (UNIT 2), EP (20040045029) 3516412003 LOT 3, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP 3523308057 TR 57, ESTES PARK AMD LOT 2 DEER CREST SUB & TR'S 56 & 57 FALL RIVER ADD, EP 3523414001 TRACT 15A, EDWARDS SUB, EP 3523400019 COM AT SE COR 23-5-73, N 89 51' W 1000 FT, N 0 1' E 907.6 FT TPOB, N 0 1' E 243.9 FT, N 89 5' 8" W 170 FT, S 19 27' 24" W 158.17 FT, S 66 21' E 243 FT TPOB, ESTES PK 3515300006 PAR IN NE 1/4 OF SE 1/4 16-5-73 & NW 1/4 OF SW 1/4 15-5-73, EP, BEG AT S 1/16 COR COMMON TO SEC 15 & 16 LOC ON NRLY BANK FALL RIV, E 528 FT, N 330 FT, W TO PT ON SRLY ROW HWY 34 WH BEARS N 89 45' E 146.7 FT FROM PT WH BEARS N 1 19' E 330 FT FROM POB, TH 3523310001 LOT 1, STREAMSIDE AMD PLAT OF TR 59A FALL RIVER ADD AND LOT 2, OF AMD PLAT LOT 2, DEER CREST SUB, AND TR'S 56 & 57, FALL RIVER ADD TO THE TOWN OF ESTES PARK;(20050101901) LESS PHASE 1 CONDOS @20060048203; LESS SUPP 1 20110046573; LESS; LESS SUPP 1 AMND; 3524315002 LOT 2, JONES SUB, EP 3523309056 TR 56A, ESTES PARK AMD LOT 2 DEER CREST SUB & TR'S 56 &57 FALL RIVER ADD, EP 2529318001 LOT 3, SOLITUDE SUB (CONDOS) EP (2002030494); LESS 20030077909; LESS 20030096972; LESS 20030133970; LESS 20040011582; LESS 20080002696; AKA CIC 3522430008 UNIT 8, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3522429006 UNIT 6, BIG HORN MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP 3522426002 UNIT 2, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP 3526400008 COM AT PT WH SW COR OF SE 26-5-73 BEARS S 70 45' W 1523.4 FT, N 60 53' E 50 FT, N 48 41' E 563 FT, S 13 5' E 611 FT TO CEN BIG T RIV, TH WRLY ALG C/L RIV TO PT WH IS S 6 15' E 220 FT FROM POB, N 6 15' W 220 FT TO BEG, EP 3523400005 COM 290.4 FT N & 315 FT W OF SE COR 23-5-73, TH W 195 FT, N 311.8 FT, TH SERLY TO PT 501.2 FT N & 300 FT W OF SE COR, S 101.2 FT, TH SRLY TO BEG, ESTES PK; ALSO COM AT SE COR, N 400 FT, W 150 FT TPOB, W 150.19 FT, N 70.49 FT, S 66 25' E 163.88 FT, S 4.92 3523414002 TRACT 15B, EDWARDS SUB, EP Page 154 Exhibit A to Ordinance 07-22 3523300009 BEG AT NW COR OF SW OF SW 23-5-73, S 89 46' E ALG N LN OF SW OF SW 345 FT TO PT ON N LN HWY 16, S 61 25' W ALG N LN SD HWY 395.5 FT TO W LN, N 36' E ALG W LN 191.7 FT M/L TPOB, ESTES PK 3401125020 LOT 20, CARRIAGE HILLS, 7TH, EP 3401125012 LOT 12, CARRIAGE HILLS, 7TH, EP 3401125032 LOT 32, CARRIAGE HILLS, 7TH, EP 3401125024 LOT 24, CARRIAGE HILLS, 7TH, EP 2531464002 LOT 2, FISH CREEK ADD, EP 3536423035 LOT 35, PROSPECT EST SUB 3RD FIL, EP 2529320001 LOT 6, SOLITUDE SUB EP (2002030494); LESS 20030106550; AKA CIC; LESS POR PER 20210027268; 2529329007 Unit 7, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268) 3536423036 LOT 36, PROSPECT EST SUB 3RD FIL, EP 3523400039 BEG AT SE COR 23-5-73, TH ALG E LN N 234 FT, N 41 2' 27" W 60.44 FT TPOB, N 41 2' 27" W 168.01 FT, S 230.31 FT, E 47.23 FT, N 31 20' 41" E 121.28 FT TPOB (SPLIT FROM 35230 00 002) 3536418036 LOT 36, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536418037 LOT 37, PROSPECT MOUNTAIN SUB PUD 7TH, EP 3536407004 LOT 4, PROSPECT MOUNTAIN SUB, A PUD, EP 3536407003 LOT 3, PROSPECT MOUNTAIN SUB, A PUD, EP 3523328006 UNIT 6, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3523328005 UNIT 5, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3523328004 UNIT 4, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3523328003 UNIT 3, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3523328002 UNIT 2, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3523328001 UNIT 1, BEAR CREEK LUXURY CONDOS EPK (20040102043) 3536423011 LOT 11, PROSPECT EST SUB 3RD FIL, EP 3536423012 LOT 12, PROSPECT EST SUB 3RD FIL, EP 3523400012 BEG AT PT IN SE OF SE 23-5-73 WH IS 1000 FT W & 579 FT N OF SE COR, W 40 FT, S 62 56' W 50.5 FT, W 85 FT, N TO S LN HWY 34 AS DESC IN 1073-473, S 66 21' E ALG SD LN 185.6 TO PT WH IS N OF POB, TH S TPOB; LESS HWY, LESS 1103-363, ESTES PK; LESS RD AS PER 3523400021 TR IN SE OF SE 23-5-73 DESC AS BEG AT PT 191.2 FT N, 718.7 FT W OF SE COR, N 472.4 FT TO S R/W HWY 34, N 66 21' W 88.3 FT, N 77 39' 30" W 102 FT, N 66 21' W 104.7 FT, S 464 FT, E 15 FT, S 245 FT, E 150 FT, N 136.3 FT, E 116.3 FT TO BEG; EX RD, ESTES PK; 3523400024 COM AT PT 1170 FT W OF SE COR 23-5-73; TH N 0 1' E 618.8 FT TO CEN RD, TH ALG CEN SD RD S 79 31' W 129.2 FT, N 69 48' W 45.4 FT TPOB, S 26 21' W 263 FT, N 34 42' W 203.4 FT, N 27 24' E 105.6 FT, N 81 34' E 82.7 FT, S 69 48' E 108.8 FT TPOB, ESTES PK; LES 3523400922 POR SE 1/4 23-5-73 3523400037 COM AT PT 556 FT N, 1000 FT W OF SE COR 23-5-73, S 128 FT, W 155 FT, N 128 FT, E 155 FT TPOB; ALSO COM AT PT 556 FT N, 1000 FT W OF SE COR, N 22.93 FT, N 89 49' W 40 FT, S 63 1' W 50.5 FT, N 89 49' E TPOB 3523400011 POR OF SE 1/4 23-5-73 DESC: COM AT PT 428 FT N & 1000 FT W OF SE COR, S 128 FT, W 170 FT, N 256 FT, E 15 FT, S 128 FT, E 155 FT TPOB 3536423018 LOT 18, PROSPECT EST SUB 3RD FIL, EP 3526450004 UNIT 4, MOUNTAIN HAVEN CONDOMINIUMS (20030096970) 3523400010 BEG 835 FT W OF SE COR 23-5-73, N 55 FT, W 150 FT, N 0 1' E 245 FT, N 89 49' W 185 FT, S 0 1' W 300 FT M/L TO PT ON HWY R/W IN NE OF NE 26-5-73, TH ALG SD R/W S 23 47' E 51.3 FT, S 44 16' E 320 FT M/L, N 77 17' 30" E 94.1 FT, N 0 1' E 292.9 FT M/L TPOB; 3523422004 LOT 4, WITT SUBDIVISION, EP 20040003702 3523323061 TR 61A, FALL RIVER ADDITION TO TOWN OF ESTES PARK, AMD TR 59, 61, 62 & 63, EP (20030133966) 3523306001 LOT 1, DEER CREST SUB, ESTES PARK 3523323062 TR 62A, FALL RIVER ADDITION TO TOWN OF ESTES PARK, AMD TR 59, 61, 62 & 63, EP (20030133966) 3523400018 POR OF S 1/2 OF SE 1/4 23-5-73, COM AT SE COR, N 89 51' W 1000 FT, N 0 1 E 1151.65 FT TPOB, N 89 5' 8" W 170 FT, S 19 27' 24" W 158.91 FT TO PT ON NRLY ROW Page 155 Exhibit A to Ordinance 07-22 HWY 34 BY-PASS, N 66 31' 32" W 99.25 FT, N 27 24' E 305.15 FT, N 88 51' E 3.57 FT, N 89 31' 49" 2529317002 UNIT 2, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 1 (20030096972) 3525326001 LOT 1, THE PARK RIVER WEST SUBDIVISION, EP (2001098391); LESS 20030077911; 20030106552; 20030125222; 20040012984; 20040083612; 20040099929; 20040117482; 20050022660; 20050100769;LESS 20060017346; 20060073966; AKA CIC (FOR CONDOS) 3536423027 LOT 27, PROSPECT EST SUB 3RD FIL, EP 3536410010 LOT 10, PROSPECT ESTATES, EP; EX POR BY QUIET TITLE IN 1383-457 3536410011 LOT 11, PROSPECT ESTATES, EP; EX POR BY QUIET TITLE IN 1383-457 3401125016 LOT 16, CARRIAGE HILLS, 7TH, EP 3536423016 LOT 16, PROSPECT EST SUB 3RD FIL, EP 3536416023 LOT 23, PROSPECT MTN SUB, PUD, 5TH FILING, EP 3523400025 TR IN SE 1/4 23-5-73 DESC: BEG AT PT WH BEARS N 61 58' W 1326 FT, S 79 31' W 129.2 FT, N 69 48' W 128.2 FT FROM SE COR, N 69 48' W 26 FT, S 81 34' W 72.35 FT, N 27 24' E 290.06 FT TO PT ON SRLY R/W HWY 34 BY PASS, TH ALG SD R/W S 66 20' E 80 FT, S 26 20' 3523400038 TR IN SE 1/4 23-5-73 DESC: BEG AT PT WH BEARS N 61 58' W 1326 FT FROM SE COR, S 79 31' W 129.2 FT, N 69 48' W 128.2 FT, N 26 20' 20" E 249.69 FT TO PT ON SRLY R/W HWY 34 BYPASS, TH ALG SD R/W S 66 20' E 149.17 FT, S 0 1' W 184.65 FT TPOB CONT 1.0482 AC M 3401125021 LOT 21, CARRIAGE HILLS, 7TH, EP 3401125002 LOT 2, CARRIAGE HILLS, 7TH, EP 3401125069 LOT 69, CARRIAGE HILLS, 7TH, EP 3401125070 LOT 70, CARRIAGE HILLS, 7TH, EP 3401125068 LOT 68, CARRIAGE HILLS, 7TH, EP 3401125003 LOT 3, CARRIAGE HILLS, 7TH, EP 3401125077 LOT 77, CARRIAGE HILLS, 7TH, EP 3401125078 LOT 78, CARRIAGE HILLS, 7TH, EP 3536410015 LOT 15, PROSPECT ESTATES, EP 3401125063 LOT 63, CARRIAGE HILLS, 7TH, EP 3536412001 LOT 1, STEELE SUB, EP 3536410005 LOT 5, PROSPECT ESTATES, EP 3536410004 LOT 4, PROSPECT ESTATES, EP 3401125064 LOT 64, CARRIAGE HILLS, 7TH, EP 3401125071 LOT 71, CARRIAGE HILLS, 7TH, EP 3401125076 LOT 76, CARRIAGE HILLS, 7TH, EP 3536410006 LOT 6, PROSPECT ESTATES, EP 3401125067 LOT 67, CARRIAGE HILLS, 7TH, EP 3401125065 LOT 65, CARRIAGE HILLS, 7TH, EP 3536410014 LOT 14, PROSPECT ESTATES, EP 3536410007 LOT 7, PROSPECT ESTATES, EP 3536410008 LOT 8, PROSPECT ESTATES, EP 3536410009 LOT 9, PROSPECT ESTATES, EP 3401125042 LOT 42, CARRIAGE HILLS, 7TH, EP 3401125062 LOT 62, CARRIAGE HILLS, 7TH, EP 3536410003 LOT 3, PROSPECT ESTATES, EP 2406211058 LOT 58, CARRIAGE HILLS, 7TH, EP 3401125061 LOT 61, CARRIAGE HILLS, 7TH, EP 3525200005 PT W 1/2 OF NW 1/4 25-5-73 DESC: BEG AT PT WH NW COR IS N 81 6' W 761.8 FT, S 18 30' W 141.6 FT, S 33 50' W 120.1 FT, S 85 30' W 59 FT, N 8 9' W 252.9 FT, S 87 35' E 206.6 FT TPOB; LESS RD AS PER 91032906 3525200003 BEG AT PT WH NW COR 25-5-73 BEARS N 81 06' 00" W 761.8 FT, TH S 89 09' 00" E 186.7 FT; TH S 10 31' 00" E 135.8 FT TO N LN SUNNY ACRES; TH ALG SD N LN N 89 36' 00" W 256.3 FT; TH N 18 30' 00" E 141.6 FT TPOB, ESTES PK; LESS RD AS PER 91026455 3525200012 BEG AT PT WH NW COR 25-5-73 BEARS N 38 26' W 498.1 FT, N 0 16' E 244.2 FT, N 83 8' E 139.9 FT, S 1 6' W 246.4 FT, S 85 30' W 136.7 FT TO BEG, ESTES PK; LESS RD AS PER 91026460 Page 156 Exhibit A to Ordinance 07-22 3524300015 BEG AT PT WH SW COR 24-5-73 BEARS N 89 45' W 153.8 FT, S 89 45' E 157.6 FT, N 0 16' E 232.7 FT, N 89 37' W 157 FT, S 0 23' W 233.1 FT TPOB; EX HWY AS IN 1064-388, ESTES PK 3524300016 BEG AT PT WH SW COR 24-5-73 BEARS N 89 45' W 311.4 FT, S 89 45' E 121.5 FT, N 0 23' E 232.4 FT, N 89 37' W 121.5 FT, S 0 16' W 232.7 FT TO BEG; LESS HWY, ESTES PK 3525200001 BEG AT PT FROM NW COR 25-5-73 WH BEARS N 89 45' W 917.4 FT, S 89 45' E 421.4 FT TO SW COR AL FRESCO PL, S 247 FT M/L TO NE COR SUNNY AC, TH ALG N LN SUNNY AC N 89 36' W 373.7 FT, N 10 31' W 254.4 FT TPOB, ESTES PK; LESS RD AS PER 91026456 3524300022 BEG AT PT WH SW COR 24-5-73 BEARS N 89 45' W 917.4 FT, N 23' E 167.2 FT, S 89 31' E 182.8 FT, S 5 40' W 166.8 FT, N 89 45' W 167.1 FT TPOB; LESS STATE HWY, ESTES PK 3524300020 BEG AT PT WH SW COR 24-5-73 BEARS N 89 45' W 795.4 FT, S 89 45' E 122 FT, N 0 23' E 231.4 FT, N 89 37' W 122 FT, S 0 23' W 231.7 FT TPOB; LESS STATE HWY, ESTES PK AND ALSO BEG AT PT WH SW COR 24-5-73 BEARS N 89 45' W 674.4 FT, S 89 45' E 121 FT, N 0 23' 3524300017 BEG AT PT WH SW COR 24-5-73 BEARS N 89 45' W 432.4 FT, S 89 45' E 121 FT, N 0 23' E 232.15 FT, N 89 37' W 121 FT, S 0 23' W 232.4 FT TPOB; LESS STATE HWY, ESTES PK 3524300018 BEG AT PT FROM WH SW COR 24-5-73 BEARS N 89 45' W 432.4 FT, S 89 45' E 242 FT, N 23' E 231.9 FT, N 89 37' W 242 FT, S 23' W 232.4 FT TPOB; LESS HWY, LESS W 121 FT, ESTES PK 3525200013 BEG AT PT WH BEARS N 89 45' W 311.4 FT FROM NW COR 25-5-73, N 89 45' W 226.3 FT, S 4 30' E 107.2 FT, S 78 51' W 98.3 FT, S 83 8' W 139.9 FT, N 16' E 143.9 FT TO BEG, ESTES PK 3525200004 BEG AT PT WH NW COR 25-5-73 BEARS N 89 45' W 537.7 FT, S 89 45' E 195.3 FT, S 9 28' E 116.3 FT, N 87 35' W 206.7 FT, N 4 30' W 107.2 FT TPOB, ESTES PK 3525200002 BEG AT PT WH BEARS S 81 6' E 761.8 FT FROM NW COR 25-5-73, S 89 9' E 186.7 FT, N 10 31' W 118.6 FT, N 89 45' W 184.4 FT, S 9 28' E 116.3 FT TO BEG, ESTES PK; LESS RD AS PER 91026458; ALSO LESS RD PER 89036276 3525200011 BEG AT PT WH NW COR 25-5-73 BEARS N 49 54' W 581.7 FT, N 1 6' E 246.4 FT, N 78 51' E 98.3 FT, S 8 9' E 252.9 FT, S 85 30' W 137.6 FT TPOB, ESTES PK; LESS RD AS PER 91026459 3522433011 UNIT 11, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP 3522405007 LOTS 7 & 8, JAMES-MCINTYRE, ESTES PK 3536407005 LOT 5, PROSPECT MOUNTAIN SUB, A PUD, EP 3536413014 LOT 14, PROSPECT MTN SUB, PUD, 3RD FILING, EP 3536413013 LOT 13, PROSPECT MTN SUB, PUD, 3RD FILING, EP 3536423034 LOT 34, PROSPECT EST SUB 3RD FIL, EP 3536423033 LOT 33, PROSPECT EST SUB 3RD FIL, EP 3536422003 LOT 3, PROSPECT ESTATES SUB 2ND FIL, EP 3536415020 LOT 20, PROSPECT MTN SUB, PUD 4TH, EP 3536415019 LOT 19, PROSPECT MTN SUB, PUD 4TH, EP 3536421001 LOT 38A, AMD LOT 38 PROSPECT MTN SUB PUD 7TH, EP 3536413012 LOT 12, PROSPECT MTN SUB, PUD, 3RD FILING, EP 3536423015 LOT 15, PROSPECT EST SUB 3RD FIL, EP 3523420002 UNIT B, BLDG 503, FALL RIVER CONDOS, EP (99037226) 3523420004 UNIT D, BLDG 503, FALL RIVER CONDOS, EP (99037226) 2529314005 LOT 5, SOLITUDE SUBDIVISION, EP (2002030494) LESS 20040027677; LESS 20040045029; LESS 20050016175; LESS 20050037947; AKA CIC 3526300048 COM AT W 1/4 COR OF 26-5-73, TH S ALG W LN OF NW OF SW S 0 19' 15" W 755.8 FT TPOB, S 89 38' 20" E 99.94 FT, TH ALG W LN LOT 10 S 0 4' 9" W 211.14 FT TO SW COR LOT 10, N 89 54' 46" W 100.87 FT, N 0 19' 15" E 211.62 FT TPOB (SPLIT FROM 35263 00 020) 3536423037 LOT 37, PROSPECT EST SUB 3RD FIL, EP 3536413009 LOT 9, PROSPECT MTN SUB, PUD, 3RD FILING, EP 3536415022 LOT 22, PROSPECT MTN SUB, PUD 4TH, EP 3516400031 TR IN NW 1/4 OF SE 1/4 16-5-73, EP, DESC AS E 100 FT OF W 700 FT OF NW 1/4 OF SE 1/4 LY N OF C/L FALL RIV & S OF S LN HWY 3402406916 LOT 16, CARRIAGE HILLS, 8TH FILING; LESS RD PER 86072532 2529316001 CIC, (LOT 4) SOLITUDE IV CONDOMINIUMS, EP (2003-0024978) LESS 20030133971 Page 157 Page 158 Board of Trustees Public Comment Form Please enter your full name. (This information is required to ensure the Town keeps accurate records of public comment. Name * Stance on item:* The Board of Trustees want to hear from members of the community. The following form was created for general public comment or public comment on any agenda items. The Town Board of Trustees will participate in meetings 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. Regular meetings of the Town Board are held on the second and fourth Tuesdays of each month at 7 p.m. Agendas and the agenda item list below will be posted the Wednesday prior to each meeting. Click here to view the current Agenda. Public comment must be received by noon the day of the Town Board meeting. All comments will be compiled for Board distribution prior to the meeting. Agenda items are available the Wednesday prior to each Town Board meeting. To provide public comment on an upcoming item please use the drop down below to select the Agenda item title. Agenda Item Title * Public comment can be attached using the Upload button below or typed into the text box below. File Upload John Guffey For Against Neutral General Public Comment. If you do not see the Agenda Item Title please email public comment to townclerk@estes.org. Files are limited to PDF or JPG. The Preamble v 2nd Amendment.pdf 179.18KB Preamble as the Mission Statement.pdf 211.34KB 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. General Public Comment Received by 2022-06-14 1pm Page 159 Comments for the Board of Trustees:* Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Limited to a maximum of 1000 characters. For comments over 1000 characters please use the Upload feature above. Greetings Esteemed Mayor and Trustees of Estes Park, I come before you today, June 14, 2022, to address a concern that does not appear as an item on the Town Board Agenda. The matter which I shall address, with your acknowledgment and to your attention, concerns my request for help in understanding our role, and for a decision to take action from this place of consensual responsibility for the proliferating risk and incidence of gun violence now being enacted upon and perpetrated by citizens of this country. These deadly acts, occurring randomly, haphazardly, but expansively across the broad and varied social landscape of these United States, each call for attention, at all levels of society, demanding our thoughtful response to one causal factor: the regulation of firearms. Respectfully, John Guffey 561 Chapin Lane Unit 2 Estes Park, CO 80517 Page 160 6/13/22 1 The Preamble v. the 2nd Amendment Preamble: We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for ourselves and our posterity do ordain and establish this Constitution for the United States of America. Amendment II: A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. When we refer to the Constitution, it’s important to keep the focus on the Preamble – the Big Idea that we’re trying to accomplish. Most people do not realize that the Preamble is the mission of our government and country – its purpose - and that the Articles and Amendments provide the organizational framework for achieving the Preamble. It is also not well understood that the “blessings of liberty” are secured because justice has been established, domestic tranquility is insured, the common defense (against external, internal, human, and nonhuman threats) is provided, and the general welfare is promoted (upheld). All too often people “don’t see the forest because of the trees” – particularly their tree, even if it has become diseased and is threatening the health of the whole forest. There are basically three reasons for rules, regulations, and laws: safety, consideration for others/fairness, and efficiency. While rules, regulations, and laws should be kept to a minimum, when people abuse the responsibility that comes with freedom and it is too widespread and/or serious to not be managed individually, it can bring about more rules, regulations, and laws to assure safety, fairness/consideration for others, and/or efficiency. That can result in more restrictions of all people’s freedom – including for those who were acting responsibly. As the Preamble is the lens through which all rules, regulations, and laws should be viewed in our country, all proposals, arguments, decisions, and actions require demonstration of how they will align with and advance the Preamble. In addition, if one of the Articles or Amendments no longer does that, it should be amended or repealed. When the 2nd Amendment was created, it could have been argued that it aligned with and advanced the Preamble because there was not yet a permanent military to “provide for the common defense” of our young country. Under those conditions, a “well-regulated militia” would have been needed. However, one would be hard-pressed to demonstrate that alignment and advancement is still the case today. Instead, the 2nd Amendment has become the Constitutional justification for not restricting one’s “freedom” to own and operate guns – including military weapons. As a result, the “domestic tranquility” and “general welfare” have become severely compromised as people are forced to operate under the fear that they and/or their loved ones may become the victims of the next shooting. The “blessings of liberty” are being threatened. Things to consider: 1.Imagine us always asking: Help us to understand how ___ aligns with and advances the Preamble? The blank can be a law (including an Amendment), a proposal, a position, an argument, etc. 2.Also ask: What aligns with and advances the Preamble more: Option A or Option B? e.g. Banning civilians from having military weapons or allowing them to have them? 3.If we were to rewrite the Articles to provide the organizational structure to align with and advance the Preamble in today’s world, how would they look? Would something like the 2nd Amendment even be deemed necessary to include? Why or why not? 4.Fear has put us in a domestic arms race where people buy guns to protect themselves from other people who have guns. Is this the vision we have for our country – where we can’t freely go about living without the threat of harm and/or trauma from a shooting experience? How is that living the “blessings of liberty”? 5.What would constitute responsible gun ownership as seen through the Preamble lens? What regulations and laws are needed to efficiently manage it? 6.To operate a motor vehicle, one must demonstrate certain competencies to be licensed to drive certain levels of vehicles. The driver must also be insured against harm s/he may cause others while operating the vehicle. What if we had similar requirements for owning/operating guns? Page 161 6/13/22 1 Preamble of the U.S. Constitution: The Mission Statement of the U.S. Government and Country While it is doubtful that the Founding Fathers knew about mission and vision statements, the Preamble actually serves as a mission statement for the U.S. government and our country. A well-written mission statement is concise as it answers 4 questions*: What: What the organization does; its purpose; what it’s trying to accomplish; what it aspires to do. •Establish justice •Insure domestic tranquility •Provide for the common defense •Promote the general welfare •Secure the blessings of liberty for ourselves and our posterity Who: For Whom it does what it does. •We, the people of the United States Why: Why it does what it does. •In order to form a more perfect union How: How it does what it does. •Do ordain and establish this Constitution for the United States of America We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for ourselves and our posterity do ordain and establish this Constitution for the United States of America. It is important to understand that the objectives of the Preamble are interrelated. The “blessings of liberty” are afforded because justice (fairness), domestic tranquility, the common defense (foreign and domestic, human and non-human threats), and/or general welfare are upheld. The Articles and Amendments provide the organizational structure for accomplishing the Preamble. That is their primary function. If, as the world changes, they no longer align with and advance the Preamble, they must be adjusted or repealed. A well-written vision statement is what it would look like if the mission is accomplished: it’s the dream, the ideal – what we aspire to be; it inspires and motivates others to be part of it and provides the “North Star” to guide decisions. Unfortunately, the U.S. doesn’t really have a vision statement. The vision for the Founding Fathers would have been much different then than what the vision would be today as the environment and society have changed in ways that they could not have imagined. Therefore, my suggested vision is: The U.S. is a thriving, democratic society where all people live in harmony with their environment and with each other as they work together using facts and evidence in their best thinking to address the challenges of an ever changing world. Well-written mission and vision statements are critical for an organization (including government) as they form the basis for all decisions, actions, budgets, personnel, behaviors, etc., by requiring everything to align with and advance the mission and vision. Consequently, for all proposals and positions, the proponents must demonstrate to the organization how that proposal/position aligns with and advances the mission and vision. Without that, people resort to their personal default/agendas, the organization can get off-track of its true purpose, and time/money are wasted. If the proposal/action doesn’t align with and advance the mission and vision, it should be corrected or dismissed. As the Preamble is the mission for the whole country, state and local governments are duty-bound to operate under that supreme charge. Citizens, too, are also responsible for aligning their decisions and actions with our country’s Preamble. * Source: Tim Waters, EdD, retired CEO of McREL.org Page 162