HomeMy WebLinkAboutPACKET Town Board 2022-01-25The 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, January 25, 2022
7:00 p.m.
*TO BE HELD VIRTUALLY
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, January 25, 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.
TOWN ADMINISTRATOR REPORT.
1.POLICY GOVERNANCE MONITORING REPORT - POLICY 3.3.
Board Policy 2.3 established reporting requirements for the Town Administrator under
Policy Governance. Policy 3.3 is reported on quarterly (January, April, July, October).
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated January 11, 2022 and Town Board Study Session Minutes
dated January 11, 2022.
3.Estes Park Board of Adjustment Minutes dated October 5, 2021 (acknowledgment
only).
Prepared 01-14-2022
*Revised
Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. Resolution 08-22 Memorandum of Understanding with Larimer County for Usage of
the 24-Hour Ballot Box at 170 MacGregor Avenue during the April 5, 2022 Municipal
Election.
5. Resolution 09-22 Revisions to Board and Committee Bylaws.
6.Letter of Support for CDOT’s Revitalizing Main Street Grant Application for US
Highway 36 and Community Drive Roundabout Project.
7.Appointments to the Local Marketing District:
•Rich Chiappe for a term expiring December 31, 2023.
•Jerusha Rice for a term expiring December 31, 2022.
8.Acceptance of Town Administrator Policy Governance Monitoring Report.
LIQUOR ITEMS (Convene the Liquor License Authority):
1.RESOLUTION 10-22 TRANSFER OF A HOTEL AND RESTAURANT LIQUOR
LICENSE FROM ESTES TAQUERIA, LLC DBA PEPPERS MEXICAN GRILL TO
ESTES THAI LLC DBA ESTES THAI, 401 E ELKHORN AVENUE, ESTES PARK,
CO 80517. Town Clerk Williamson.
Consider the transfer of a hotel and restaurant liquor license. The business sold on
October 19, 2021 and a temporary permit was issued through May 4, 2022.
2.RESOLUTION 11-22 TRANSFER OF A RETAIL LIQUOR STORE LIQUOR LICENSE
FROM SPUR LIQUOR INC DBA SPUR 66 LIQUOR TO SPUR LIQUOR LLC DBA
SPUR LIQUOR, 880 MORAINE AVENUE, ESTES PARK, CO 80517. Town Clerk
Williamson.
Consider the transfer of a retail liquor store liquor license. The business sold on
January 1, 2022 and a temporary permit was issued through March 8, 2022.
ACTION ITEMS:
1.ORDINANCE 01-22 AMENDING TITLE 5 OF THE ESTES PARK MUNICIPAL CODE
REGARDING THE LIQUOR LICENSING AUTHORITY. Attorney Kramer.
Amending the Municipal Code to provide the Liquor License Authority the ability to
refer specific liquor items to the Municipal Judge.
LIQUOR ITEMS CONTINUED (Convene the Liquor License Authority):
3.LIQUOR HEARING FOR GALEX LLC, DBA CHELITOS MEXICAN RESTAURANT,
145 E. ELKHORN AVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE -
REPORT OF CHANGES. Town Clerk Williamson.
A public hearing of the liquor licensing authority to review manager changes per
Regulation 47-310(E)(2) of the Colorado Liquor Rules.
REPORTS AND DISCUSSION ITEMS:
1.COLORADO ASSOCIATION OF SKI TOWNS (CAST) HOUSING TASK FORCE
2022 LEGISLATIVE POSITION STATEMENT. Town Administrator Machalek.
To discuss Town Board interest in reaching out to State delegation regarding CAST
position statement on housing.
2.POWER LINES AND FIRE MITIGATION. Superintendent Lockhart, Supervisor Boles,
and Coordinator Clark.
Report on the electric system’s fire risks and current mitigation measures.
ADJOURN.
Page 2
Town Administrator’s Office Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: January 25, 2022
RE: Policy Governance Monitoring Report – Policy 3.3
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board.
Reporting on Policy 3.3 – Financial Planning is required Quarterly (January, April, July,
October).
Policy 3.3 states:
“With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
Page 3
Policy 3.3: With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal
integrity of Town government. Accordingly, the Town Administrator shall not allow
budgeting which:
3.3.1: Deviates from statutory requirements.
Status: Compliance
Interpretation: I interpret this to mean that our budgeting practices and policies
comply with all requirements contained in the Colorado Revised Statutes that are
applicable to statutory towns.
Compliance with the policy will be achieved when: There are no deviations in
our practices or policies from what is required by State Statute.
Evidence:
1. The annual independent audit
2. Comprehensive Annual Financial Report
3.All policies are reviewed for legal compliance by the Town Attorney
4.No State-issued non-compliance notifications to the Town of Estes Park
regarding our budgetary obligations under State Statute.
Report: I report compliance.
3.3.2: Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
Status: Compliance
Interpretation: I interpret this to mean that the annual budget adopted by the
Board of Trustees represents the officially adopted priorities of the Board. This
includes any budget amendments approved by the Town Board throughout the
year and any specific spending authorizations approved by the Town Board. I
interpret “materially deviate” to mean any change in spending priority that results
in a resource diversion away from any Board objective, goal, or outcome that is
substantial enough to hinder the achievement of the objective, goal, or outcome. I
do not interpret minor deviations resulting from changing circumstances,
community demands, and/or unforeseen circumstances outside of the Town’s
control as material deviations.
Compliance with the policy will be achieved when: Budget spending does not
materially deviate from the levels approved in the adopted budget.
Evidence:
Attachment 1
Page 4
1. The 2022 adopted budget was prepared based on the Board’s Strategic
Plan.
2. Any substantial budget changes have been presented to the Board for
review and approval as budget amendments.
3.HTE budget reports for each department are available on request.
Report: I report compliance
3.3.3: Contains inadequate information to enable credible projection of revenues
and expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
Status: Compliance
Interpretation: I interpret this to mean that the Town Administrator’s
recommended budget must be based on credible data and the best available
information concerning the local economy and other factors that may impact the
Town’s revenues and expenses. In addition, the budget is to be structured to
separate capital expenditures from operational costs. All revenue projections will
be based on the professional judgement of the Town’s Finance Director.
Compliance with the policy will be achieved when:
•Revenue projections are clear and projected and actual revenues are within
a 5-10% margin of error, barring any catastrophic events.
•Actual revenues are not less than projected, barring any catastrophic
events.
•The budget presented to the Board for adoption is in a format that
separates revenues, expenses, and capital expenditures.
•Critical assumptions used in preparing the budget are clearly articulated to
the Board during budget review sessions.
Evidence:
1.The persistence of COVID-19 and the uncertainty of its impacts on long-
term visitation trends continue to cause difficulties in projecting revenues.
We will continue to track revenues and update projections as we learn
more.
2. The 2022 adopted budget is presented in a format that separates revenues,
expenditures, and capital.
3. Critical assumptions used in preparing the budget were discussed with the
Board during budget review sessions as well as during budget amendment
discussions.
Page 5
Report: I report compliance. Revenue projections continue to be impacted by the
uncertainty created by COVID-19. Staff will continue to closely monitor
projected and actual revenues and will continue to err on the side of caution when
projecting revenues in order to protect the financial position of the Town.
3.3.4: Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are otherwise
available.
Status: Compliance
Interpretation: I interpret this to mean that the proposed budget must be
balanced. This includes expenditures for the year not exceeding the revenues
received from all sources. Exceptions are Board-approved use of fund balances,
and use of funds that have been accumulated over a period of time, with the
approval of the Board, with the intent of saving funds to pay for a specific project
or capital expense.
Compliance with the policy will be achieved when: The proposed budget meets
the above criteria, inclusive of any board approved spending of fund balance or
specific reserve funds.
Evidence:
1. The adopted budget demonstrates that I have not allowed budgeting which
plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are
otherwise available.
Report: I report compliance.
3.3.5: Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees by adopted policy.
Status: Compliance
Interpretation: I interpret this to mean that the audited year-end unrestricted
fund balance in the General Fund does not drop below 25% unless otherwise
authorized by the Board. If the Board approves and adopts a budget that plans for
reducing the fund balance below the 25% level, I interpret this as being authorized
by the Board.
Compliance with the policy will be achieved when:
•The final CAFR shows a General-Fund fund balance of 25% or greater,
unless otherwise approved by the Board.
Page 6
•The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise approved by the Board.
Evidence:
1. The 2020 CAFR shows a 70.4% General-Fund fund balance at the end of
2020.
2. The 2021 budget, as amended, anticipates a 60.6% General-Fund fund
balance at the end of 2021.
3. The adopted 2022 budget anticipates a 34.7% General-Fund fund balance
at the end of 2022.
Report: I report compliance.
3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town’s budget.
Status: Compliance
Interpretation: I interpret this to mean that I must prepare a budget that
maintains a fund balance of 25% or more in the General Fund and adequate fund
balances in all enterprise funds, including the required TABOR reserve and the
current cash reserves as defined in Board Policy 670 – Cash and Investment
Reserve and Contingency.
Compliance with the policy will be achieved when:
•The final CAFR indicates a General-Fund fund balance of 25% or greater,
unless otherwise authorized by the Board.
•The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise authorized by the
Board.
•The current cash reserves meet the criteria defined in Board Policy 670 –
Cash and Investment Reserve and Contingency.
Evidence:
1. The 2020 CAFR shows a 70.4% General-Fund fund balance at the end of
2020.
2. The 2021 budget, as amended, anticipates a 60.6% General-Fund fund
balance at the end of 2021.
3. The adopted 2022 budget anticipates a 34.7% General-Fund fund balance
at the end of 2022.
4. Current cash and investment reserves are reported to the Board on a
monthly basis, as required by Board Policy 670.
5. The Town’s budget contingency plan is established in Policy 670 (Section
3.b).
Page 7
Report: I report compliance.
3.3.7: Fails to provide for an annual audit.
Status: Compliance
Interpretation: I interpret this to mean that I must ensure that the Town
completes an independent audit annually. Further, that audit report should result
in an unqualified and unmodified opinion from the Board’s auditors.
Compliance with the policy will be achieved when: The annual audit is
complete and presented to the Town Board.
Evidence:
1. The 2020 Audit has been completed and the CAFR prepared and
submitted to the State of Colorado with an unqualified and unmodified
opinion from the Board’s auditors.
Report: I report compliance. The 2021 Audit is currently underway.
3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current
or future bond ratings of the Town.
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that will
negatively impact the Town’s bond rating. This includes maintaining adequate
fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios
for all revenue bonds associated with the Town’s enterprise funds.
Compliance with the policy will be achieved when:
•I am in compliance with 3.3.5.
•Required bond coverage ratios are met.
Evidence:
1. The 2020 CAFR shows a 70.4% General-Fund fund balance at the end of
2020.
2. Our current (December 31, 2021) estimated bond-coverage ratio for Power
and Communications (143%) exceeds the required ratio of 125%.
3. Our current (December 31, 2021) estimated bond-coverage ratio for Water
(547%) exceeds the required ratio of 110%.
Report: I report compliance.
Page 8
3.3.9: Results in new positions to staffing levels without specific approval of the
Board of Town Trustees. The Town Administrator may approve positions
funded by grants, which would not impose additional costs to the Town in
addition to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
Status: Compliance
Interpretation: I interpret this to mean that I cannot allow any new positions or
expansion of any part-time positions to be advertised or filled without prior Board
approval. I may allow new positions or partial positions funded by grants or
temporary positions for which existing budgeted funds are allocated without prior
approval of the Board. I may also allow reductions in staffing without Board
approval.
Compliance with the policy will be achieved when: No new positions or
expansion of any part-time positions are approved and/or hired without approval
of the Board, with the exceptions noted above.
Evidence:
1. All positions are indicated in the adopted and proposed budgets and no
unapproved positions have been created.
Report: I report compliance.
Page 9
Page 10
Town of Estes Park, Larimer County, Colorado, January 11, 2022
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes
Park on the 11th day of January, 2022.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Cindy Younglund
Scott Webermeier
Also Present: Travis Machalek, Town Administrator,
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Bunny Victoria Beers, Deputy Town Clerk
Absent: None.
Mayor Koenig called the regular meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Cenac/MacAlpine) to approve the Agenda as presented,
and it passed unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Interviews were conducted
for the Transportation Advisory Board, recommendations would be heard during the
consent agenda; the Community and Family Advisory Board (CFAB) held a special
meeting to discuss recommendations to the Board and would draft a document for review
by Trustee Younglund and Mayor Pro Tem Martchink to be presented to the Board at a
future meeting; the Comprehensive Plan Advisory Committee held a joint meeting with
the Estes Valley Planning Advisory Committee to discuss a vision statement and guiding
principles in development of the Comprehensive Plan; the Women’s Monument replica
on display at the Estes Valley Library has been donated to the Town for ownership and
maintenance; the Larimer County Behavioral Health Advisory Committee met to discuss
available assistance for individuals suffering from mental health related issues; and
encouraged vaccinations and face coverings.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek provided an overview of current COVID-19 and Omicron
cases and encouraged vaccinations and use of available testing sites. Questions have
been raised regarding powerline generated wildfire risks. He reviewed risk reduction,
mitigation efforts, planning, opportunities for infrastructure improvements in the
community and partnering with other agencies for community outreach and awareness.
Residents were encouraged to contact the Power & Communications division with
powerline concerns. The Power & Communications division would provide a more
thorough presentation to the Board at a future meeting. Staff would be pursuing
availability of American Rescue Plan Act funding to be utilized toward childcare and
workforce housing at either the Fish Hatchery workforce housing project or Castle Ridge
homeownership development which is an Estes Park Housing Authority project.
Town Clerk Williamson stated the Regular Municipal Election would be held on April 5,
2022 as a mail ballot election. She stated ballots cannot be forwarded and absentee ballot
forms are available on the website. Voters were encouraged to complete and submit DRAFTPage 11
Board of Trustees – January 11, 2022 – Page 2
absentee ballot forms in advance of election day. Ballots would be mailed the week of
March 14, 2022. Voters must establish residency 22-days prior to election day. The
deadline to submit petitions to be a candidate for Town Board would be January 24, 2022.
She stated Trustees Bangs, Cenac and Webermeier are up for re-election and eligible to
run in the April election.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated December 14, 2021.
3.Joint Transportation Advisory Board and Shuttle Committee Minutes dated
November 11, 2021 & Transportation Advisory Board Minutes dated November
17, 2021 (Acknowledgement only).
4.Parks Advisory Board Minutes dated November 18, 2021 (Acknowledgement
only).
5.Estes Park Planning Commission Minutes dated November 16, 2021
(Acknowledgement only).
6.Comprehensive Plan Advisory Committee Minutes dated November 18, 2021 and
December 2, 2021 (Acknowledgement only).
7.Reappointment of Vicki Papineau and Ronald Wilcocks to the Parks Advisory
Board for terms expiring March 31, 2024.
8.Reappointment of Deborah Gibson to the Local Marketing District for a term
expiring December 31, 2025.
9.Resolution 01-22 Public Posting Area Designation.
10. Resolution 05-22 Intergovernmental Agreement with the Department of Local
Affairs to Conduct a Housing Needs Assessment and Draft a Housing Strategic
Plan.
11. Resolution 06-22 Memorandum of Understanding with the Town of Estes Park
Police Department and Larimer County Sheriff’s Office for Security at The Ranch
Events Complex from January 1, 2022 through December 31, 2023.
12. Appointment of Javier Bernal and Kristen Ekeren to the Transportation Advisory
Board for terms expiring March 31, 2024.
It was moved and seconded (Bangs/Younglund) to approve the Consent Agenda,
and it passed unanimously.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1.ACTION ITEMS:
ORDINANCE 18-21 AMENDING CHAPTERS 5 AND 13 OF THE ESTES PARK
DEVELOPMENT CODE REGARDING ACCESSORY DWELLING UNITS
(ADU). Mayor Koenig reopened the public hearing continued from the December
14, 2021 meeting. Staff reviewed updates to the amendments which have been
summarized: allowing ADU use in all zone districts including R-1; Conditional Use
Permit (CUP) review for all zone districts which do not meet the minimum lot size
with the exception for R-2 and RM zone districts; removing a restriction which
required a 1.33 times the minimum lot area; occupancy limit of four (4) or fewer
unrelated individuals; requiring a minimum of one (1) parking space for the
principle dwelling as well as the ADU; and a cost effective alternate option to the
CUP process. Discussion ensued regarding occupancy limits; increases inDRAFT
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Board of Trustees – January 11, 2022 – Page 3
density; clarification was requested on the definition of related family members,
permit process and tax rates for ADUs. Director Garner stated there may be
additional opportunities to address housing needs through the Comprehensive
Plan developement. Annette Berg/Town citizen requested clarification on the
development of ADUs and specifically driveway construction requirements,
multiple property entrances for driveways and driveway use.
Public comment against the amendments were heard from Mari-Beth
Ashburn/Town citizen and Dick Spielman/Town citizen. Comments have been
summarized: Concerns related to occupancy language, parking space, limited on-
street parking; tax rates and increases to density.
Town Attorney Kramer stated if approved, the code amendments would be
identified with “Exhibit A” as referenced in the Ordinance. Mayor Koenig closed
the public hearing and it was moved and seconded (Martchink/Webermeier) to
approve Ordinance 18-21, and it passed unanimously.
ACTION ITEMS:
1.RESOLUTION 07-22 CONDOMINIUM MAP OF THE MEADOW CONDOMINIUMS
AT WILDFIRE, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT.
The Mayor opened the public hearing. Planner Woeber provided an overview of the
Wildfire project consisting of 43 total lots with one for office use, 14 for detached
single family homes, 26 lots for townhomes, and two lots for condominium projects.
The Meadows at Wildfire Preliminary Condominium Map and Development Plan was
approved in 2019. Staff stated the proposal complies with applicable standards of
the development code and requested approval. The applicant was available for
questions and stated four buildings are in the process of selling, an additional eight
units have sold and interest has been high. The Mayor declared the public hearing
closed. It was moved and seconded (Webermeier/Younglund) to approve
Resolution 07-22, and it passed unanimously.
2.BALLOT QUESTIONS AND TABOR BALLOT ISSUE FOR THE 2022 MUNICIPAL
ELECTION. Ballot questions and the TABOR ballot issue if approved would be
placed on the April 5, 2022 regular Municipal Election. Town Clerk Williamson
reviewed ballot question language for Resolution 02-22 and Resolution 03-22. She
stated the changes would eliminate full text publication of approved ordinances in
the newspaper. These questions were brought forward in 2012 and were not passed
by the voters and since that time staff have spent a considerable amount of staff
time upgrading the Town website and developing a records portal in which records
can be accessed 24/7. She reviewed publication timelines, potential cost reduction
and stated paper records would continue to be available through the Town Clerk’s
Office upon request. If passed ordinances would be published by title only in the
newspaper; approved ordinances would be published on the Town’s website by
10:00 a.m. the following day; and bills would continue to be published on the records
portal as they are currently. Clarification was requested regarding associated staff
time allocated to preparing ordinances for publication, availability of ordinances in
full on the website and whether there are restrictions on ordinances being published
outside of the Town. Mike Romero/Trail Gazette spoke against the Resolutions
stating code changes should be published in full to ensure transparency. It was
moved and seconded (Webermeier/Younglund) to approve Resolution 02-22,
and it passed with Trustee MacAlpine voting “No”.
It was moved and seconded (Webermeier/Younglund) to approve Resolution 03-
22, and it passed with Trustee MacAlpine voting “No”.
Town Administrator Machalek provided a presentation reviewing the TABOR ballot
issue. He stated the Town has peaked in revenues which have not been de-bruced
and the de-brucing measure approved by voters in 2000 set specific intentions for
the use of those revenues for infrastructure improvements and not general
government funding such as public safety. If approved by the voters, the Board
could prioritize revenues the Town already receives without limitation and any newDRAFT
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Board of Trustees – January 11, 2022 – Page 4
taxes would continue to go before the voters for determination. Staff recommended
approval of the resolution which would put the issue before the voters at the April 5,
2022 election. Naomi Hawf/EPHA Director stated support on behalf of the Estes
Park Housing Authority to place the item before the voters. It was moved and
seconded (Webermeier/MacAlpine) to approve Resolution 04-22, and it passed
unanimously.
Whereupon Mayor Koenig adjourned the meeting at 9:52 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Deputy Town Clerk DRAFTPage 14
Town of Estes Park, Larimer County, Colorado January 11, 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 the
Board Room and Virtually in said Town of Estes Park on the 11th day of
January, 2022.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Webermeier, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Webermeier, and Younglund
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer, and Recording
Secretary Disney
Absent: None.
Mayor Koenig called the meeting to order at 6:00 p.m.
THUMB OPEN SPACE MANAGEMENT PLAN UPDATE.
Supervisor Berg provided an update on the drafted Thumb Open Space Management
Plan. He highlighted the history of the Thumb Open Space, stakeholder meetings,
public outreach efforts, public input, trail updates, and future trail options. He stated with
feedback from the Town Board, a finalized management plan would be brought forward
at a regular meeting in February 2022. The Board discussed the emergency response
trail, signage, public input topics, expenses, parking, and educational opportunities.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested and it was determined to schedule the
Renaming Request for a portion of Children’s Park for February 22, 2022, the Quarterly
Downtown Loop update for March 8, 2022, and to move the Town Board and Chamber
Board Meet and Discussion to items approved unscheduled.
There being no further business, Mayor Koenig adjourned the meeting at 6:32 p.m.
Kimberly Disney, Recording Secretary DRAFTPage 15
Page 16
Town of Estes Park, Larimer County, Colorado, October 5, 2021
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of
Estes Park on this 5 day October 2021.
Committee: Chair Wayne Newsom, Vice-Chair Jeff Moreau, Board
Member Joe Holtzman
Attending: Chair Newsom, Vice-Chair Moreau, Board Member Holtzman,
Community Development Director Jessica Garner, Planner II
Alex Bergeron, Recording Secretary Karin Swanlund, Town
Board Liasion Barbara MacAlpine
Absent: none
Chair Newsom called the meeting to order at 9:00 a.m. New Director Jessica Garner was
introduced.
PUBLIC COMMENT.
None
APPROVAL OF AGENDA
It was moved and seconded (Newsom/Holzman) to approve the agenda. The motion
passed 3-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Moreau/Holtzman) to approve the Consent Agenda. The
motion passed 3-0.
VARIANCE REQUEST, Ward Minor Subdivision, Planner II Alex Bergeron
Planner Bergeron reviewed the staff report. The applicant, Habitat for Humanity, is
seeking a 10’ variance to the minimum lot width standard for the RM (Residential-
Multifamily) zone district to permit the subdivision of the Property into five lots, four of
which are 50’ wide and one which is 100’ wide and features a 50’ drainage easement.
The request is rooted in site challenges related to drainage and the existing sewer main
location; the costs of remedying would be very burdensome to the non-profit entity.
Staff recommended approval of the variance request.
DISCUSSION:
Joe Coop, VanHorn Engineering, explained that parking would be within the setbacks,
exceeding the requirements. David Emerson, Habitat for Humanity, thanked the Board
for their time and consideration of this project. Units will be income-restricted. Public
Works Engineer Jennifer Waters noted that Public Works is in support of this variance.
It was moved and seconded (Moreau/Holtzman) to approve the variance request as
written with the condition of setback certificates. The motion passed 3-0.
Page 17
Board of Adjustment, October 5 , 2021 – Page 2
REPORTS
Director Garner discussed the Comprehensive Plan update process. The committee
meets every two weeks, and things are progressing as planned. All documents, meetings
and handouts are available at engageestes.org.
There being no further business, Chair Newsom adjourned the meeting at 9:25 a.m.
Wayne Newsom, Chair
Karin Swanlund, Recording Secretary
Page 18
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Town Clerk Williamson
Date: January 25, 2022
RE: Resolution 08-22 Memorandum of Understanding (MOU) with Larimer
County for Usage of the 24-Hour Ballot Box at 170 MacGregor Avenue
during the April 5, 2022 Municipal Election
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
In advance of the April 5, 2022 Municipal Election the Town Clerk’s Office requests the
use of the election drop box owned by Larimer County located adjacent to Town Hall.
Present Situation:
In 2020, the Town and Larimer County Clerk and Recorder signed a temporary
easement agreement for the placement of a ballot box on Town Hall property located at
170 MacGregor Avenue adjacent to Bond Park. Larimer County requires an MOU for
usage of the 24-hour ballot box for each municipal election. The County Clerk would be
responsible for changes to ballot box signage prior to the election and removal post-
election. In addition, the County Clerk would replace the locks on the box unique for the
Town’s use during the election.
The Town Clerk’s office will not be utilizing the 24/hour ballot box located off Brodie
Avenue. Two staff members are required when handling ballot retrieval from ballot
boxes which ensures the safety of staff and security of the ballots. Voters will be
reminded throughout the election to return voted ballots to the drop box outside of Town
Hall adjacent to Bond Park, directly to the Town Clerk’s office or through the mail.
Proposal:
Staff proposes the Town execute the MOU for usage of the 24-hour ballot box located
at 170 MacGregor Avenue adjacent to Bond Park during the April 5, 2022 Municipal
Election.
Page 19
Advantages:
Voters will for the first time during a Municipal Election of the Town have the ability to
utilize a 24-hour ballot drop box.
Disadvantages:
None.
Action Recommended:
Staff requests the approval of the Resolution.
Finance/Resource Impact:
The Town will incur a one-time charge of $100 for locks and $150 for decals. Each
election would incur a $200 set up fee. Staff considers these minimal fees which have
been allocated for in the election budget.
Level of Public Interest
Moderate. Mail ballot elections have a higher turnout. Use of the 24-hour ballot drop box
will provide voters an additional secure convenient ballot delivery option for the
municipal election.
Sample Motion:
I move for the approval/denial of Resolution 08-22.
Attachments:
1.Resolution 08-22
2.MOU with Larimer County
Page 20
RESOLUTION 08-22
APPROVING A MEMORANDUM OF UNDERSTANDING WITH LARIMER COUNTY
FOR USAGE OF THE 24-HOUR BALLOT BOX AT 170 MACGREGOR AVENUE
DURING THE APRIL 5, 2022 MUNICIPAL ELECTION
WHEREAS, the Town and County entered a temporary easement agreement for
the placement of a ballot box on Town Hall property located at 170 MacGregor Avenue
adjacent to Bond Park; and
WHEREAS, Larimer County requires a memorandum of understanding for usage
of the 24-hour ballot box for each municipal election; and
WHEREAS, the Board of Trustees finds the use of the ballot box to be a
convenient and effective method for voters to cast ballots.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the memorandum of
understanding referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 21
MEMORANDUM OF UNDERSTANDING
Date: December 16, 2021
To: Town of Estes Park
From: Angela Myers, Larimer County Clerk and Recorder
RE: Usage of 24-Hour Ballot Box for Town of Estes Park Municipal Election
The purpose of this memorandum of understanding is to outline the usage of a Larimer
County 24-Hour Ballot Box located in the Town of Estes Park ("Ballot Box") for the
municipal election conducted on April 5, 2022 ("Election").
In consideration of their mutual promises contained herein, Larimer County Clerk
("County Clerk") and the Town of Estes Park ("Entity") agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
A.Goal.
The purpose of this Memorandum of Understanding ("MOU") is to set forth the
respective tasks between County Clerk and Entity in order to use the Ballot Box located
at 170 MacGregor Ave.
B.Larimer County Contact Information.
County Clerk designates Doreen Bellfy, whose telephone number is 970.498.7941, to act
as the primary liaison ("Contact Officer") between County Clerk and Entity. Contact
Officer shall act under the authority of County Clerk and shall have primary
responsibility for the coordination of preparing the Ballot Box for use during the Election.
C.Entity Contact Information.
Entity designates _________________ , whose phone number
is _____________ , cell number is _____________ _
email is _________________ , and fax number is _____ _
to act as primary liaison between Entity and Contact Officer.
D.Jurisdictional Limitation.
Entity encompasses territory within Larimer County, Colorado. MOU shall be construed
to apply only to that portion situated within Larimer County, specifically the location of
the 24-Hour Ballot Box located at 170 MacGregor Ave.
E.Term.
The term of MOU shall be from the signed agreement date through April 6, 2022 and
shall apply only to the Election.
Attachment 2
Page 22
F.Setup Fee
Initial setup fees and ongoing costs will be charged to Entity for use of Ballot Boxes. See
Exhibit A, Associated Costs.
ARTICLE II
DUTIES OF COUNTY CLERK
A.Preparation of Ballot Boxes.
County Clerk shall be responsible to: •
•
Change signage of the Ballot Box to indicate ballot drop off is acceptable for
Entity election
o County Clerk will work with a local vendor to supply high quality magnetic
signs that will cover Larimer County logos with logos of the Entity's
choosing.
o County Clerk will work with the vendor to produce the magnets, will store
the material, and will handle placement of the material on the Ballot Box.
Restore Larimer County signage after Election
B.Ballot Box Locks
County Clerk shall be responsible to:
•Procure a set of lock cores for use with these boxes that will be unique to Entity's
use and perform the swaps.
•Install these cores at the same time graphics are applied, prior to the Election.
•Provide 2 ballot box keys for use during Election.
•Collect the keys, revert the cores to County use, and collect all graphics from the
Ballot Box at the conclusion of the Election.
ARTICLE Ill
DUTIES OF ENTITY
A.Ballot Pickup.
Entity shall be responsible for ballot pick up for Election during the period of the election
and will close the Ballot Box at 7:00 p.m. on April 5, 2022.
B.Signage
Entity will:
•Provide high quality, digital versions of logo's, pictures, or some other identifying
mark to print on the magnetic signage 30 days prior to needing the ballot box.
•Provide contact information such as a phone number and/or a website for the
magnetic signage.
•Cover associated costs as outlined in Exhibit A
Page 23
C.Ballot Box Locks
Entity will:•Cover associated costs as outlined in Exhibit A.•Return all keys at the end of the Election.•Open the ballot envelope deposit slots when electors are eligible to drop ballots.•Close the ballot envelope deposit slots when electors are no longer eligible to
drop ballots.
D.Care of Ballot Boxes
Entity will:• •
•
•
Provide ballot security by safeguarding the keys to Ballot Boxes .
Timely deliver any mail ballot return envelopes that are:
o Addressed to another jurisdiction or enclosed in another jurisdiction's mail
ballot return envelope; and
o Received by Entity on or before 7:00 p.m. on Election Day, April 6, 2021.
Timely report any damage to Ballot Boxes and repair damage in coordination
with County Clerk.
Purchase a new set of key cores for Ballot Box in the event that a key is
misplaced, compromising the security of Ballot Box.
ARTICLE IV
MISCELLANEOUS
A.Entire Agreement.
MOU constitutes the entire Agreement between County Clerk and Entity as to the
subject matter hereof and supersedes all prior or current agreements, proposals,
negotiations, understanding, representations and all other communications, both oral
and written.
B.Indemnification.
County Clerk and Entity agree to be responsible and assume liability for its own wrongful
acts and omissions, and those of its officers, agents and employees to the extent
required by law. No term or condition of MOU shall be construed or interpreted as a
waiver, either express or implied, of the notice requirements, immunities, rights, benefits,
defenses, limitations, and protections available to Customer under the Colorado
Governmental Immunity Act as currently written or hereafter amended.
County Clerk shall in no event be liable for any expenses, damages or losses.
C.Conflict of MOU with Law, Impairment.
Page 24
Should any provision of MOU be determined by a court of competent jurisdiction to be
unconstitutional or otherwise null and void, it is the intent of County Clerk and Entity
hereto that the remaining provisions of MOU shall be of full force and effect.
D.Time of Essence.
Time is of the essence in the performance of MOU. The time requirements of Code and
Rules shall apply to completion of required tasks.
E.No Third-Party Beneficiaries.
Enforcement of the terms and conditions of MOU and all rights of action relating to such
enforcement shall be strictly reserved to County Clerk and Entity, and nothing
contained herein shall give or allow any such claim or right of action by any other
person.
F.Governing Law; Jurisdiction & Venue.
MOU, the interpretation thereof, and the rights of the County Clerk and Entity under it
will be governed by, and construed in accordance with, the laws of the State of
Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction
of any disputes or litigation arising under MOU. Venue for any and all legal actions
arising shall lie in the District Court in and for the County of Larimer, State of Colorado.
G.Headings.
Th section headings in MOU are for reference only and shall not affect the
interpretation or meaning of any provision of MOU.
H.Severability.
If any provision of MOU is declared by a court of competent jurisdiction to be invalid,
void or unenforceable, such provision shall be deemed to be severable, and all other
provisions of MOU shall remain fully enforceable, and MOU shall be interpreted in all
respects as if such provision were omitted.
Page 25
Exhibit A
Associated Costs
Item Cost
Locks $100.00/box
Magnetic box decals $150.00/box
Setup Fee $200.00/box
Costs to Entity for April 5th , 2022 Election:
Ballot Box Diagrams
0�
, 1- ♦ t t C>IIOf'YOOU.W.OT HIIE
...,...,..,,__.,__� ... ,.. ........... ,
�:..;::·�-. ·-.:::. -► "!"· �
./o=TE=LARIMER .....--.------
BALLOT DROP BOX *OPEN UNTIL 7 P.M. ELECTION NIGHT *
B,1.:ot,,o-c•"'.,j,ft.,7p"' onoloelooft 'ljOtwilnott..,,.,_d.
BALLOT DROPBOX
"SIGN.
SEAL.
DELIVER.
VOTELARIMEFt.ORG i70,"-"L71l0
Frequency
Once
Once
Each election
$450.00
0 1 = lii=ol . t t t t � -tr OPEN U�TIL 7 P..M. ELECTION NIGHT • IIIIDll'l'OU■LUllll"Mll!II I .... _ ...... ,..,.. � .............. _ .. __ t�=·=:,.i::-�-:.-......BALLOT DROPBOX
0 0 0 0
. [: 1¥0 TE r--LARIMER
0
'
Page 26
IN WITNESS WHEREOF, the parties hereto have executed Agreement to be
effective upon the date signed by both parties.
ANGELA MYERS
LARIMER COUNTY, COLORADO
CLERK AND RECORDER
Name of Entity
BY:
COUNTY CLERK
Date
ENTITY
Date
Printed Name of Authorized Representative
Signing on behalf of Entity
Signature of Authorized Representative
Title of Authorized Representative
Entity phone number
Page 27
ATTEST
Town Clerk
APPROVED AS TO FORM
Town Attorney
Page 28
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: January 25, 2022
RE: Resolution 09-22 Revisions to Board and Committee Bylaws
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To consider revisions to the bylaws for the Community and Family Advisory Board,
Comprehensive Plan Advisory Committee, Estes Park Board of Adjustment, Estes Park
Planning Commission, Parks Advisory Board, and Transportation Advisory Board.
Present Situation:
In an effort to standardize board and committee bylaws, staff worked with the Town
Attorney to create an updated template for bylaws. Changes align the bylaws with Town
policy, uniform formatting, clarifies the definition of a quorum, includes updates to
Colorado Revised Statute reference, and term expirations for consistency across all
advisory boards and committees. Bylaws have been updated according to the new
template and have been approved by each board or committee.
Proposal:
Staff requests approval of the recommended revisions to the board and committee
bylaws.
Advantages:
The bylaw revisions update formatting, provides clarity and corrects outdated language,
statute reference and grammatical errors.
Disadvantages:
None.
Page 29
Action Recommended:
Approval of the revisions to the bylaws of the Estes Park Board of Adjustment,
Community and Family Advisory Board, Comprehensive Plan Advisory Committee,
Estes Park Planning Commission, Parks Advisory Board and Transportation Advisory
Board.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move for the approval/denial of Resolution 09-22.
Attachments:
1.Resolution 09-22
2.Estes Park Board of Adjustment Bylaws
3.Community and Family Advisory Board Bylaws
4.Comprehensive Plan Advisory Committee Bylaws
5.Estes Park Planning Commission Bylaws
6.Parks Advisory Board Bylaws
7.Transportation Advisory Board Bylaws
Page 30
RESOLUTION 09-22
A RESOLUTION APPROVING REVISIONS TO BOARD AND COMMITTEE BYLAWS
WHEREAS, the Town Board is responsible for board and committee formation and
member appointments through Town Governance Policy 102; and
WHEREAS, it is necessary and appropriate for the Town of Estes Park boards and
committees to have an approved set of bylaws on a standardized uniform template for
conduct of business; and
WHEREAS, staff recommends the approval of revisions to Community and Family
Advisory Board, Comprehensive Plan Advisory Committee, Estes Park Board of
Adjustment, Estes Park Planning Commission, Parks Advisory Board and Transportation
Advisory Board; and
WHEREAS, each board or committee reviewed revisions to the bylaws
recommending approval by the Town Board; and
WHEREAS, Town Board approval of a standardized set of bylaws in accordance
with Town Governance Policy 102 will meet the goal of an orderly meeting process.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Community and Family Advisory Board, Comprehensive Plan Advisory
Committee, Estes Park Board of Adjustment, Estes Park Planning Commission, Parks
Advisory Board and Transportation Advisory Board Bylaws now before the Board are
hereby approved.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 31
ESTES PARK BOARD OF ADJUSTMENT
BYLAWS
[DRAFT 10/2021]
I. ROLE
The Estes Park Board of Adjustment (EPBOA) is established under section 2.1(D) of
the Estes Park Development Code. The EPBOA exercises the authority given to it by
the Town Board as outlined below:
1.Perform all of the duties and responsibilities of a municipal board of adjustment
pursuant to Colorado law; and
2.Perform all of the duties and responsibilities of the EPBOA as described in the
Estes Park Development Code.
“Chair” in the remainder of this document will refer to the Chair of EPBOA.
II. MEETINGS
A.Regular Meetings. Shall be held the first Tuesday of each month, with additional
meetings scheduled as needed. Regular meetings shall occur at 9:00 a.m. Any
item on the agenda which cannot be heard and considered by the conclusion of
the meeting may be continued until and heard at the next regularly scheduled
meeting or a specially scheduled meeting and shall have priority over any other
matters to be heard and considered.
B.Special Meetings. May be held at any time upon call by the Chair or the
Community Development Director. Notice of at least three (3) calendar days shall
be given to each member of the EPBOA. The time, place, and purpose of the
special meeting shall be specified in the notice to the EPBOA members. Should
a special meeting be scheduled, notification must be provided to the EPBOA
Secretary in an effort to adequately notify the public in accordance with the State
of Colorado Open Meetings Law Section 24-6-402(2)(c) C.R.S.
C.Cancellation of Meetings. Regularly scheduled meetings of the EPBOA may be
cancelled or rescheduled upon determination by the Chair. Any cancelled
meeting requires notification to the Community Development Director in an effort
to adequately notify the public.
D.Meeting Procedures. Chair shall preside in accordance with generally accepted
norms for the conduct of parliamentary procedure. The EPBOA may overturn a
parliamentary determination of the Chair by majority vote. Robert’s Rules of
Order may be considered as a parliamentary guide.
ATTACHMENT 2
Page 32
E.Open Meetings. All meetings and action of the EPBOA shall be in full
compliance with state statutes governing open meetings, as amended and
incorporated herein by reference. It is the responsibility of the assigned staff
member of Community Development to be familiar with these statutes and
regulations.
F.Attendance by Non-members. Meetings may be attended by persons who are
not members of the EPBOA. At the discretion of the Chair, non-members may be
allowed to speak at meetings. However, in no event shall non-members be
allowed to vote on matters for which a vote is required.
III. MEMBERS AND QUORUM
A.Membership. The Board consists of three (3) voting members, as provided in the
Estes Park Development Code. Appointments of members shall be made by the
Town Board in accordance with Policy 102.
B.Terms. Members shall be appointed to a three (3) year term. The terms of the
members shall be staggered so that the terms of an equal number of the
members, or as equal a number as possible, expire on the last day of March
each year. There are no term limitations, and members may be reappointed by
the Town Board in accordance with Policy 102.
C.Vacancies. Vacant positions shall be filled by appointment by the Town Board
for the unexpired portion of the term of the position to be filled.
D.Quorum. A quorum for transaction of business of the EPBOA shall consist of two
(2)members of the EPBOA. This is the minimum number of members required to
be present to open a meeting and conduct business.
E.Action. Any action by the EPBOA shall be by majority vote of the members
attending any regular or special meeting at which a quorum is present, unless
otherwise provided by law or ordinance. A tie vote shall constitute failure of the
motion on the floor.
F.Town Board Liaison. The Town Board may appoint one of its members as a
liaison to the EPBOA, who shall receive copies of all notices, documents, and
records of proceedings of the EPBOA which any member would also receive.
IV. OFFICERS
A.Officers. There shall be a Chair and a Vice Chair as selected by the EPBOA.
B.Elections. Officers shall be elected by the members annually, at the first
regularly scheduled meeting in April of each year. Officers shall be members of
Page 33
the EPBOA. Notification of who is elected Chair and Vice Chair will be sent to the
Town Clerk.
C.Chair Responsibilities:
1.Preside at all meetings
2.Ensure that all meetings are conducted with decorum and efficiency
3.Call special meetings in accordance with the bylaws
4.Authority to cancel a meeting
5.Sign any documents prepared by the EPBOA for submission to the Town
Board or Town departments
6.Represent the EPBOA in dealings with the Town Board or other organizations
7. The Chair has the same right as any other member of the Board to vote on
matters before the EPBOA, to move or second a motion, and to speak for or
against proposals.
D.Vice-Chair Responsibilities:
1.Assist the Chair as requested
2.Accept and undertake duties delegated by the Chair
3.Preside over meetings or perform other duties of the Chair in the event the
Chair is absent or unable to act.
E.Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting,
the EPBOA may elect a voting member to serve as Chair for the duration of that
meeting.
V.STAFF ROLE
An assigned staff member of the Community Development Department is responsible
for proper notification of meeting, preparation and distribution of agenda, assembly of
packet and minute taking for all meetings.
VI. ATTENDANCE
Regular attendance by the members of the EPBOA is expected. In the event any
member misses three (3) consecutive regular meetings or a total of four (4) regular
meetings in a calendar year, the Town Board may remove its appointed member for
neglect of duty and designate a new member to fill the vacancy.
VII. GENERAL PROVISIONS
Recommendations for amendments to these bylaws may be adopted at any regular or
special meeting of the EPBOA by a majority of the membership of the EPBOA provided
that notice of such possible amendments is given to all members at least five (5) days
prior to the meeting at which action is to be taken. Any amendments shall be subject to
approval by the Town Board.
Page 34
VIII. COMPLIANCE WITH TOWN POLICIES
A.In addition to these bylaws, the EPBOA shall operate in compliance with the
adopted Town Board policy on Town Committees, Policy 102, as amended. The
terms of this policy are incorporated into these bylaws by this reference. A copy
of the policy, along with these bylaws, shall be provided to each member at the
time of their appointment.
B.Failure to comply with applicable Town policies may be grounds for an official
reprimand or censure by the EPBOA and/or a recommendation to the Town
Board for removal.
IX. CONFLICT OF INTEREST
All members of the EPBOA are subject to the standards of conduct under the State of
Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the
Colorado Constitution (Amendment 41). At the time of introduction of an individual item
on the EPBOA agenda in which the member has a conflict of interest, the member shall
state that a conflict of interest exists and then abstain from participating and voting on
the matter. A member having a conflict of interest on any matter shall not attempt to
influence other members of the EPBOA at any time with regard to said matter.
Adopted this ___ day of ______________, 2022.
ESTES PARK BOARD OF TRUSTEES
By: ________________
Mayor
Page 35
COMMUNITY AND FAMILY ADVISORY BOARD
BYLAWS
[DRAFT 10/2021]
I. ROLE
The role of the Community and Family Advisory Board (CFAB) includes three (3)
primary responsibilities:
1.Research and summarize factual data on issues of importance to families in the
Estes Valley; and
2.Develop recommended policies that align with the Town Board Strategic Plan to
address these issues; and
3.Present these recommendations to the Town Board and/or Town staff.
“Chair” in the remainder of this document will refer to the Chair of CFAB.
“Staff Liaison” shall be the Assistant Town Administrator or other designee of
Administration.
II. MEETINGS
A.Regular Meetings. Shall be held monthly, with additional meetings scheduled as
needed. Regular meetings shall occur at 3:30 p.m. on the first Thursday of each
month. Any item on the agenda which cannot be heard and considered by the
conclusion of the meeting may be continued until and heard at the next regularly
scheduled meeting or a specially scheduled meeting and shall have priority over
any other matters to be heard and considered.
B.Special Meetings. May be held at any time upon call by the Chair or the Staff
Liaison as needed. Notice of at least three (3) calendar days shall be given to
each member of the CFAB. The time, place, and purpose of the special meeting
shall be specified in the notice to the committee members. Should a special
meeting be scheduled, notification must be provided to the Assistant Town
Administrator in an effort to adequately notify the public in accordance with the
State of Colorado Open Meetings Law Section 24-6-402(2)(c) C.R.S.
C.Cancellation of Meetings. Regularly scheduled meetings of the CFAB may be
cancelled or rescheduled upon determination by the Chair. Any cancelled
meeting requires notification to the Staff Liaison in an effort to adequately notify
the public.
D.Meeting Procedures. Chair shall preside in accordance with generally accepted
norms for the conduct of parliamentary procedure. The CFAB may overturn a
ATTACHMENT 3
Page 36
parliamentary determination of the Chair by majority vote. Robert’s Rules of
Order may be considered as a parliamentary guide.
E.Open Meetings. All meetings and action of the CFAB shall be in full compliance
with state statutes governing open meetings, as amended and incorporated
herein by reference. It is the responsibility of the assigned staff member of the
Town Administrator’s Office to be familiar with these statutes and regulations.
F.Attendance by Non-members. Meetings may be attended by persons who are
not members of the CFAB. At the discretion of the Chair, non-members may be
allowed to speak at meetings. However, in no event shall non-members be
allowed to vote on matters for which a vote is required.
III. MEMBERS AND QUORUM
A.Membership. The CFAB shall consist of no fewer than seven (7) and no more
than ten (10) members. Members must be residents of the Estes Park School
District R-3; have adequate time to devote to the CFAB (at least six (6) hours per
month); and have experience dealing with issues facing families in the Estes
Valley. Appointments of members shall be made by the Town Board in
accordance with Policy 102.
B.Terms. Members shall be appointed to a three (3) year term. The terms of the
members shall be staggered so that the terms of an equal number of the
members, or as equal a number as possible, expire on the last day of April each
year. There are no term limitations, and members may be reappointed by the
Town Board in accordance with Policy 102.
C.Vacancies. Vacant positions shall be filled by appointment by the Town Board
for the unexpired portion of the term of the position to be filled.
D.Quorum. A quorum for transaction of business of the CFAB shall consist of a
majority of the appointed (voting) member positions that are filled at the time.
This is the minimum number of members required to be present to open a
meeting and conduct business.
E.Action. Any action by the CFAB shall be by majority vote of the members
attending any regular or special meeting at which a quorum is present, unless
otherwise provided by law or ordinance. A tie vote shall constitute failure of the
motion on the floor.
F.Town Board Liaison. The Town Board may appoint one of its members as a
liaison to the CFAB, who shall receive copies of all notices, documents, and
records of proceedings of the CFAB which any member would also receive.
Page 37
IV. OFFICERS
A.Officers. The CFAB officers shall include a Chair and a Vice-Chair as selected by
the CFAB.
B.Elections. Officers shall be elected by the members annually, at the first regularly
scheduled meeting of each year. Officers shall be members of the CFAB.
Notification of who is elected Chair and Vice Chair will be sent to the Town Clerk.
C.Chair Responsibilities:
1.Preside at all meetings
2.Ensure that all meetings are conducted with decorum and efficiency
3.Call special meetings in accordance with the bylaws
4.Authority to cancel a meeting
5.Sign any documents prepared by the CFAB for submission to the Town Board
or Town departments
6.Represent the CFAB in dealings with the Town Board or other organizations
7. The Chair has the same right as any other member of the Board to vote on
matters before the CFAB, to move or second a motion, and to speak for or
against proposals.
D.Vice-Chair Responsibilities:
1.Assist the Chair as requested
2.Accept and undertake duties delegated by the Chair
3.Preside over meetings or perform other duties of the Chair in the event the
Chair is absent or unable to act.
A.Officer Vacancies. If any office is vacant, the members of the CFAB shall elect a
member to fill the office for the remainder of the year.
E.Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting,
the CFAB may elect a voting member to serve as Chair for the duration of that
meeting.
V.STAFF ROLE
An assigned staff member of the Town Administrator’s Office is responsible for proper
notification of meeting, preparation and distribution of agenda, assembly of packet and
minute taking for all meetings.
VI. ATTENDANCE
Regular attendance by the members of the CFAB is expected. In the event any
member misses three (3) consecutive regular meetings or a total of four (4) regular
meetings in a calendar year, the Town Board may remove its appointed member for
neglect of duty and designate a new member to fill the vacancy.
Page 38
VII.AMENDMENTS
Recommendations for amendments to these bylaws may be adopted at any regular or
special meeting of the CFAB by a majority of the membership of the CFAB provided that
notice of such possible amendments is given to all members at least five (5) days prior
to the meeting at which action is to be taken. Any amendments shall be subject to
approval by the Town Board.
VIII. COMPLIANCE WITH TOWN POLICIES
A.In addition to these bylaws, the CFAB shall operate in compliance with the
adopted Town Board policy on Town Committees, Policy 102, as amended. The
terms of this policy are incorporated into these bylaws by this reference. A copy
of the policy, along with these bylaws, shall be provided to each member at the
time of their appointment.
B.Failure to comply with applicable Town policies may be grounds for an official
reprimand or censure by the CFAB and/or a recommendation to the Town Board
for removal.
IX. CONFLICT OF INTEREST
All members of the CFAB are subject to the standards of conduct under the State of
Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the
Colorado Constitution (Amendment 41). At the time of introduction of an individual item
on the CFAB agenda in which the member has a conflict of interest, the member shall
state that a conflict of interest exists and then abstain from participating and voting on
the matter. A member having a conflict of interest on any matter shall not attempt to
influence other members of the CFAB at any time with regard to said matter.
Adopted this ___ day of _______ , 2022.
ESTES PARK BOARD OF TRUSTEES
By: ________________
Mayor
Page 39
COMPREHENSIVE PLAN ADVISORY COMMITTEE
BYLAWS
[DRAFT 10/2021]
I. ROLE
The mission and role of the Comprehensive Plan Advisory Committee (“CompPAC”) are
fourfold:
1.Serve as advisors in support of drafting a Comprehensive Plan (“Plan”), by giving
overall guidance to the process and ensuring ample public participation and
specialized input in the development of the Plan; and
2.Consider issues, review data, consider alternatives, discuss ideas, refine vision
and values, advise staff, Planning Commission, and elected officials, and make
recommendations to those entities and the community regarding goals, policies
and strategies being developed for the Plan; and
3.Be a link to the community at large by sharing the planning process with
acquaintances, colleagues, and communities of interest in the spirit of
information sharing and outreach to different segments of the community, without
biases and prejudices to the outcomes; and
4.During the Comprehensive Planning process, the CompPAC should strive to
maintain compliance with applicable standards and requirements from the
Colorado Department of Local Affairs, per the grant award contract, and with
applicable state and local regulatory requirements for advisory committees.
“Chair” in the remainder of this document will refer to the Chair of CompPAC.
II. MEETINGS
A.Regular Meetings. Shall be held at least twice per calendar month. Regular
meetings shall occur at regular times set by the CompPAC. Any item on the
agenda which cannot be heard and considered by the conclusion of the meeting
may be continued until and heard at the next regularly scheduled meeting or a
specially scheduled meeting and shall have priority over any other matters to be
heard and considered.
B.Special Meetings. May be held at any time upon call by the Chair or Community
Development Director as needed. The Chair shall call a special meeting upon
request by the Town Board or Town Administrator. Notice of at least three (3)
calendar days shall be given to each member of the CompPAC. The time, place,
and purpose of the special meeting shall be specified in the notice to the
committee members. Public notice of the meeting shall be given in accordance
with Colorado Revised Statutes Sec. 24-6-402(2)(c) C.R.S.
ATTACHMENT 4
Page 40
C.Cancellation of Meetings. Regularly scheduled meetings of the CompPAC may
be cancelled or rescheduled upon determination by the Chair. Any cancelled
meeting requires notification to the Community Development Director in an effort
to adequately notify the public.
D.Meeting Procedures. The Chair shall preside in accordance with generally
accepted norms for the conduct of parliamentary procedure. The CompPAC may
overturn a parliamentary determination of the Chair by majority vote. Robert’s
Rules of Order may be considered as a parliamentary guide.
E.Open Meetings. All meetings and action of the CompPAC shall be in full
compliance with state statutes governing open meetings, as amended and
incorporated herein by reference. It is the responsibility of the Community
Development Director to be familiar with these statutes and regulations.
F.Attendance by Non-members. Meetings may be attended by persons who are
not members of the CompPAC. At the discretion of the Chair, nonmembers may
be allowed to speak at meetings. However, in no event shall nonmembers be
allowed to vote on matters for which a vote is required.
III. MEMBERS AND QUORUM
A.Membership. The CompPAC shall consist of eleven (11) voting members, plus
an indefinite number of non-voting stakeholders at the Town Board’s discretion.
Appointments of voting members and non-voting stakeholders shall be made by
the Town Board in accordance with Policy 102.
The following membership parameters are aspirational, and reflect the need to
provide for a diverse and widely inclusive array of stakeholders among the
CompPAC’s members. Representative voting membership on the CompPAC
may include, but will not be limited to, the following:
•Member(s) of the Estes Park Planning Commission
•Resident(s) of the Town of Estes Park
•Business owner(s), operator(s), or employee(s) of enterprises that
primarily serve visitors
•Business owner(s), operator(s), or employee(s) of enterprises that do not
necessarily primarily serve visitors
•Property owner(s) in the Town of Estes Park, not necessarily full-year
residents
•Member(s) or representative(s) of the community for whom English is not
a first language
•Member(s) or representative(s) of stakeholders age 25 or younger
•Member(s) or representative(s) reflecting one or more of the “Colorado
For All” diversity, equity, and inclusion demographics, including: gender,
race, ethnicity, religion, national origin, age, sexual orientation, gender
Page 41
identity, citizenship status, education, disability, and/or socio-economic
status
•Resident(s) of the Estes Valley Planning Area not inside the Town of
Estes Park
•Business owner(s), operator(s), or employee(s) of enterprise(s) located in
the Estes Valley Planning Area outside the Town of Estes Park
•Member(s) of the [Larimer County] Estes Valley Planning Advisory
Committee
It is intended that a single individual may effectively represent more than one of
the categories above; for example, an individual under age 25 may also be an
employee or operator of a business.
It is not intended that every CompPAC voting member must fit into one or more
of the above stakeholder categories, as the Town Board must select from those
submitting applications. It is desirable that most or all of the above stakeholder
categories be represented by CompPAC voting membership.
Non-voting stakeholders may be appointed at the discretion of the Town Board
and do not necessarily need to be drawn from the applicant pool.
B.Terms. Members shall be appointed for the life of the CompPAC. The
Committee shall dissolve upon adoption by the Town Board of a new
Comprehensive Plan for the Town.
C.Vacancies. Vacant positions shall be filled by appointment by the Town Board
for the unexpired portion of the term of the position to be filled.
D.Recommendations for Appointment. Upon request by the Town Board, the
CompPAC shall make recommendations to the Town Board for vacancy
appointments.
E.Non-voting Stakeholders.
1.Non-voting stakeholders shall receive copies of all notices, documents, and
records of proceedings of the CompPAC, and may speak and participate in
meetings as CompPAC members.
2.Non-voting stakeholders shall not be entitled to vote on motions before the
CompPAC.
F.Quorum. A quorum for the transaction of business of the CompPAC shall consist
of a majority of appointed (voting) member positions that are filled at the time.
This is the minimum number of members required to be present to open a
meeting and conduct business.
G.Action. Any Action by the CompPAC shall be by majority vote of the members
attending any regular or special meeting at which a quorum is present, unless
Page 42
otherwise provided by law or ordinance. A tie vote shall constitute failure of the
motion on the floor.
H.Town Board Liaison. The Town Board may appoint one of its members as a
liaison to the CompPAC, who shall receive copies of all notices, documents, and
records of proceedings of the CompPAC which any member would also receive.
IV. OFFICERS
A.Officers. CompPAC Officers shall consist of a Chair and a Vice-Chair as
selected by the CompPAC.
B.Elections. Officers shall be elected by the members annually, at the first
regularly scheduled meeting of each year. Officers shall be members of the
CompPAC. Notification of who is elected Chair will be sent to the Town Clerk.
C.Chair Responsibilities:
1.Preside at all meetings
2.Ensure that all meetings are conducted with decorum and efficiency
3.Call special meetings in accordance with the bylaws
4. Sign any documents prepared by the CompPAC for submission to the
Town Board or Town departments
5. Represent the CompPAC in dealings with the Town Board or other
organizations.
6. The Chair has the same right as any other member of the CompPAC to
vote on matters before the CompPAC, to move or second a motion, and to
speak for or against proposals.
D.Vice-Chair Responsibilities:
1.Assist the Chair as requested
2.Accept and undertake duties delegated by the Chair
3. Preside over meetings or perform other duties of the Chair in the event the
Chair is absent or unable to act.
E.Officer Vacancies. If any office is vacant, the members of the CompPAC shall
elect a member to fill the office for the remainder of the year.
F.Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting,
the CompPAC may elect a voting member to serve as Chair for the duration of
that meeting.
V.STAFF ROLE
An assigned staff member of the Community Development Department is responsible
for proper notification of meeting, preparation and distribution of agenda, assembly of
packet and minute taking for all meetings.
Page 43
V. ATTENDANCE
Regular attendance by the members of the CompPAC is expected. In the event any
member misses three (3) consecutive regular meetings or a total of four (4) regular
meetings in a calendar year, the Town Board may remove its appointed member for
neglect of duty and designate a new member to fill the vacancy.
VI. GENERAL PROVISIONS
Recommendations for amendments to these bylaws may be adopted at any regular or
special meeting of the CompPAC by a majority of the voting membership of the
CompPAC provided that notice of such possible amendments is given to all members at
least five (5) days prior to the meeting at which action is to be taken. Any amendments
shall be subject to approval by the Town Board.
VII. COMPLIANCE WITH TOWN POLICIES
A.In addition to these bylaws, the CompPAC shall operate in compliance with the
adopted Town Board Policy on Town Committees, Policy 102, as amended. The
terms of this policy are incorporated in these bylaws by this reference. A copy of
the policy, along with these bylaws, shall be provided to each member at the time
of their appointment.
B.Failure to comply with applicable Town policies may be grounds for an official
reprimand or censure by the CompPAC and/or a recommendation to the Town
Board for removal.
VIII.CONFLICT OF INTEREST
All members of the CompPAC are subject to the standards of conduct under the State
of Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the
Colorado Constitution (Amendment 41). At the time of introduction of an individual item
on the CompPAC agenda in which the member has a conflict of interest, the member
shall state that a conflict of interest exists and then abstain from participating and voting
on the matter. A member having a conflict of interest on any matter shall not attempt to
influence other members of the CompPAC at any time with regard to said matter.
Adopted this ___ day of _______ , 2022.
ESTES PARK BOARD OF TRUSTEES
By: ________________
Mayor
Page 44
ESTES PARK PLANNING COMMISSION
BYLAWS
[DRAFT 09/2021]
I. ROLE
The Estes Park Planning Commission (EPPC) is established under section 2.1(C) of the
Estes Park Development Code. The EPPC exercises the authority given to it by the
Town Board as outlined below:
1.Perform all of the duties and responsibilities of a municipal planning commission
pursuant to Colorado law; and
2.Perform all of the duties and responsibilities of the EPPC as described in the
Estes Park Development Code; and
3.Make recommendations to Town Board regarding the Town’s Comprehensive
Plan, provided that final adoption of the Comprehensive Plan shall be at the
discretion of the Town Board.
“Chair” in the remainder of this document will refer to the Chair of the EPPC.
II. MEETINGS
A.Regular Meetings. Shall be held the third Tuesday of each month, with additional
meetings scheduled as needed. Regular meetings shall occur at 1:30 p.m. Any
item on the agenda which cannot be heard and considered by the conclusion of
the meeting may be continued until and heard at the next regularly scheduled
meeting or a specially scheduled meeting and shall have priority over any other
matters to be heard and considered.
B.Study Sessions. Study sessions of the EPPC may be scheduled by the Chair or
the Community Development Director as needed. Such meetings shall occur at
11:00 a.m. or another time specified by the Chair or Community Development
Director. No official action shall be taken and no quorum shall be required for the
study session. The study session shall be open to the public. Unless requested
by the Chair, no public comment shall be taken in a study session.
C.Special Meetings. May be held at any time upon call by the EPPC, the Chair or
the Community Development Director. Notice of at least three (3) calendar days
shall be given to each member of the EPPC. The time, place, and purpose of the
special meeting shall be specified in the notice to the Commissioners. Should a
special meeting be scheduled, notification must be provided to the EPPC
Secretary in an effort to adequately notify the public in accordance with the State
of Colorado Open Meetings Law Section 24-6-402(2)(c) C.R.S.
ATTACHMENT 5
Page 45
D.Cancellation of Meetings. Regularly scheduled meetings of the EPPC may be
cancelled or rescheduled upon determination by the Chair. Any cancelled
meeting requires notification to the Community Development Director in an effort
to adequately notify the public.
E.Meeting Procedures. Chair shall preside in accordance with generally accepted
norms for the conduct of parliamentary procedure. The EPPC may overturn a
parliamentary determination of the Chair by majority vote. Robert’s Rules of
Order may be considered as a parliamentary guide.
F.Open Meetings. All meetings and action of the EPPC shall be in full compliance
with state statutes governing open meetings, as amended and incorporated
herein by reference. It is the responsibility of the assigned staff member of
Community Development to be familiar with these statutes and regulations.
G.Attendance by Non-members. Meetings may be attended by persons who are
not members of the EPPC. At the discretion of the Chair, non-members may be
allowed to speak at meetings. However, in no event shall non-members be
allowed to vote on matters for which a vote is required.
III. MEMBERS AND QUORUM
A.Membership. The EPPC consists of five (5) voting members, as provided in the
Development Code. Appointments of members shall be made by the Town Board
in accordance with Policy 102.
B.Terms. Members shall be appointed to a six (6) year term. The terms of the
members shall be staggered so that the terms of an equal number of the
members, or as equal a number as possible, expire on the last day of March
every two years, as described in section 31-23-203(3), C.R.S. There are no term
limitations, and members may be reappointed by the Town Board in accordance
with Policy 102.
C.Vacancies. Vacant positions shall be filled by appointment by the Town Board
for the unexpired portion of the term of the position to be filled.
D.Quorum. A quorum for transaction of business of the EPPC shall consist of 3
members of the EPPC. This is the minimum number of members required to be
present to open a meeting and conduct business.
E.Action. Any action by the EPPC shall be by majority vote of the members
attending any regular or special meeting at which a quorum is present, unless
otherwise provided by law or ordinance. A tie vote shall constitute failure of the
motion on the floor.
Page 46
F.Town Board Liaison. The Town Board may appoint one of its members as a
liaison to the EPPC, who shall receive copies of all notices, documents, and
records of proceedings of the EPPC which any member would also receive.
IV. OFFICERS
A.Officers. There shall be a Chair and a Vice-Chair as elected by the EPPC.
B.Elections. Officers shall be elected by the members annually, at the regularly
scheduled meeting in April of each year. Officers shall be members of the EPPC.
Notification of who is elected Chair and Vice-Chair will be sent to the Town Clerk.
C.Chair Responsibilities:
1.Preside at all meetings
2.Ensure that all meetings are conducted with decorum and efficiency
3.Call special meetings in accordance with the bylaws
4.Authority to cancel a meeting
5.Sign any documents prepared by the EPPC for submission to the Town
Board or Town departments
6.Represent the EPPC in dealings with the Town Board or other organizations
7. The Chair has the same right as any other member of the EPPC to vote on
matters before the EPPC, to move or second a motion, and to speak for or
against proposals.
D.Vice-Chair Responsibilities:
1.Assist the Chair as requested
2.Accept and undertake duties delegated by the Chair
3.Preside over meetings or perform other duties of the Chair in the event the
Chair is absent or unable to act.
E.Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting,
the Commission may elect a voting member to serve as Chair for the duration of
that meeting.
V.STAFF ROLE
An assigned staff member of Community Development is responsible for proper
notification of meeting, preparation and distribution of agenda, assembly of packet and
minute taking for all meetings.
VI. ATTENDANCE
Regular attendance by the members of the EPPC is expected. In the event any
member misses three (3) consecutive regular meetings or a total of four (4) regular
meetings in a calendar year, the Town Board may remove its appointed member for
neglect of duty and designate a new member to fill the vacancy.
Page 47
VII. GENERAL PROVISIONS
Recommendations for amendments to these bylaws may be adopted at any regular or
special meeting of the EPPC by a majority of the membership of the EPPC provided
that notice of such possible amendments is given to all members at least five (5) days
prior to the meeting at which action is to be taken. Any amendments shall be subject to
approval by the Town Board.
VIII. COMPLIANCE WITH TOWN POLICIES
A.In addition to these bylaws, the EPPC shall operate in compliance with the
adopted Town Board policy on Town Committees, Policy 102, as amended. The
terms of this policy are incorporated into these bylaws by this reference. A copy
of the policy, along with these bylaws, shall be provided to each member at the
time of their appointment.
B.Failure to comply with applicable Town policies may be grounds for an official
reprimand or censure by the EPPC and/or a recommendation to the Town Board
for removal.
IX. CONFLICT OF INTEREST
All members of the EPPC are subject to the standards of conduct under the State of
Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the
Colorado Constitution (Amendment 41). At the time of introduction of an individual item
on the EPPC agenda in which the member has a conflict of interest, the member shall
state that a conflict of interest exists and then abstain from participating and voting on
the matter. A member having a conflict of interest on any matter shall not attempt to
influence other members of the EPPC at any time with regard to said matter.
Adopted this ___ day of ______________, 2022.
ESTES PARK BOARD OF TRUSTEES
By: ________________
Mayor
Page 48
PARKS ADVISORY BOARD
BYLAWS
[DRAFT 10/2021]
I. ROLE
The role of the Parks Advisory Board (PAB) includes five (5) primary responsibilities:
1.Advise the Public Works Parks Division Staff on compliance with Tree City USA
Standards; and
2.Advise the Town Board regarding the establishment and implementation of a
Public Art Policy that guides the acceptance and placement of public art
memorials, donations, and purchases; and
3.Advise the Public Works Parks Division staff and the Town Board on content and
implementation of technical standards for public and private parks, trails,
plantings, invasive plants, noxious weeds, and pest control; and
4.Support the Community environmental/wetlands educational programs in the
schools and community efforts or river restorations, clean up, bank revegetation,
and water quality protection; and
5.Advise the Public Works Parks Division staff and the Town Board on content,
implementation and compliance with any restrictive covenants that may govern
the acceptance by the Town of any donated park lands.
“Chair” in the remainder of this document will refer to the Chair of PAB.
II. MEETINGS
A.Regular Meetings. Shall be held at least one time per month, with additional
meetings scheduled as needed. Regular meetings shall occur at 8:30 a.m. on the
third Thursday of each month. Any item on the agenda which cannot be heard
and considered by the conclusion of the meeting may be continued until and
heard at the next regularly scheduled meeting or a specially scheduled meeting
and shall have priority over any other matters to be heard and considered.
B.Special Meetings. May be held at any time upon call by the Chair or the Public
Works Director. Notice of at least three (3) calendar days shall be given to each
member of the PAB. The time, place, and purpose of the special meeting shall be
specified in the notice to the committee members. Should a special meeting be
scheduled, notification must be provided to the Parks Supervisor in an effort to
adequately notify the public in accordance with the State of Colorado Open
Meetings Law Section 24-6-402(2)(c) C.R.S.
C.Cancellation of Meetings. Regularly scheduled meetings of the PAB may be
cancelled or rescheduled upon determination by the Chair. Any cancelled
ATTACHMENT 6
Page 49
meeting requires notification to the Parks Supervisor in an effort to adequately
notify the public.
D.Meeting Procedures. Chair shall preside in accordance with generally accepted
norms for the conduct of parliamentary procedure. The PAB may overturn a
parliamentary determination of the Chair by majority vote. Robert’s Rules of
Order may be considered as a parliamentary guide.
E.Open Meetings. All meetings and action of the PAB shall be in full compliance
with state statutes governing open meetings, as amended and incorporated
herein by reference. It is the responsibility of the assigned staff member of the
Public Works Department to be familiar with these statutes and regulations.
F.Attendance by Non-members. Meetings may be attended by persons who are
not members of the PAB. At the discretion of the Chair, non-members may be
allowed to speak at meetings. However, in no event shall non-members be
allowed to vote on matters for which a vote is required.
III. MEMBERS AND QUORUM
A.Membership. The PAB consists of seven (7) voting members. Members must
reside within the Estes Park R-3 School District. Appointments of members shall
be made by the Town Board in accordance with Policy 102.
B.Terms. Members shall be appointed to a three (3) year term. The terms of the
members shall be staggered so that the terms of an equal number of the
members, or as equal a number as possible, expire on the last day of March
each year. There are no term limitations, and members may be reappointed by
the Town Board in accordance with Policy 102.
C.Vacancies. Vacant positions shall be filled by appointment by the Town Board
for the unexpired portion of the term of the position to be filled.
D.Quorum. A quorum for transaction of business of the PAB shall consist of a
majority of the appointed (voting) member positions that are filled at the time.
This is the minimum number of members required to be present to open a
meeting and conduct business.
E.Action. Any action by the PAB shall be by majority vote of the members
attending any regular or special meeting at which a quorum is present, unless
otherwise provided by law or ordinance. A tie vote shall constitute failure of the
motion on the floor.
F.Town Board Liaison. The Town Board may appoint one of its members as a
liaison to the PAB, who shall receive copies of all notices, documents, and
records of proceedings of the PAB which any member would also receive.
Page 50
IV. OFFICERS
A.Officers. There shall be a Chair and a Vice-Chair as selected by the PAB.
B.Elections. Officers shall be elected by the members annually, at the first
regularly scheduled meeting of each year. Officers shall be members of the PAB.
Notification of who is elected Chair and Vice Chair will be sent to the Town Clerk.
C.Chair Responsibilities:
1.Preside at all meetings
2.Ensure that all meetings are conducted with decorum and efficiency
3.Call special meetings in accordance with the bylaws
4.Authority to cancel a meeting
5.Sign any documents prepared by the PAB for submission to the Town Board
or Town departments
6.Represent the PAB in dealings with the Town Board or other organizations
7. The Chair has the same right as any other member of the Board to vote on
matters before the PAB, to move or second a motion, and to speak for or
against proposals.
D.Vice-Chair Responsibilities:
1.Assist the Chair as requested
2.Accept and undertake duties delegated by the Chair
3.Preside over meetings or perform other duties of the Chair in the event the
Chair is absent or unable to act.
E.Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting,
the PAB may elect a voting member to serve as Chair for the duration of that
meeting.
V.STAFF ROLE
An assigned staff member of the Public Works Department is responsible for proper
notification of meeting, preparation and distribution of agenda, assembly of packet and
minute taking for all meetings.
VI. ATTENDANCE
Regular attendance by the members of the PAB is expected. In the event any member
misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a
calendar year, the Town Board may remove its appointed member for neglect of duty
and designate a new member to fill the vacancy.
Page 51
VII. GENERAL PROVISIONS
Recommendations for amendments to these bylaws may be adopted at any regular or
special meeting of the PAB by a majority of the membership of the PAB provided that
notice of such possible amendments is given to all members at least five (5) days prior
to the meeting at which action is to be taken. Any amendments shall be subject to
approval by the Town Board.
VIII. COMPLIANCE WITH TOWN POLICIES
A.In addition to these bylaws, the PAB shall operate in compliance with the
adopted Town Board policy on Town Committees, Policy 102, as amended. The
terms of this policy are incorporated into these bylaws by this reference. A copy
of the policy, along with these bylaws, shall be provided to each member at the
time of their appointment.
B.Failure to comply with applicable Town policies may be grounds for an official
reprimand or censure by the PAB and/or a recommendation to the Town Board
for removal.
IX. CONFLICT OF INTEREST
All members of the PAB are subject to the standards of conduct under the State of
Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the
Colorado Constitution (Amendment 41). At the time of introduction of an individual item
on the PAB agenda in which the member has a conflict of interest, the member shall
state that a conflict of interest exists and then abstain from participating and voting on
the matter. A member having a conflict of interest on any matter shall not attempt to
influence other members of the PAB at any time with regard to said matter.
Adopted this ___ day of ______________, 2022.
ESTES PARK BOARD OF TRUSTEES
By: ________________
Mayor
Page 52
TRANSPORTATION ADVISORY BOARD
BYLAWS
[DRAFT 10/2021]
I. ROLE
The mission of the Town of Estes Park Transportation Advisory Board (TAB) is to
advise the Town Board and the Public Works staff on:
1.Local and Regional Comprehensive Transportation Planning Policies that protect
air quality, diminish congestion, and enhance the safety and quality of life for the
citizens, businesses, and visitors to the Estes Valley, including but not limited to
pedestrian, bicycle, automobile, and transit modes; and
2.Maintenance, Operation, and Expansion Programs for all modes of the Town’s
transportation system; and
3.Transportation Capital Projects to ensure the Town’s transportation goals and
policies for roads, trails, parking, signage, and transit are implemented.
“Chair” in the remainder of this document will refer to the Chair of TAB.
II. MEETINGS
A.Regular Meetings. Shall be held at least one time per month, with additional
meetings scheduled as needed. Regular meetings shall occur at 12:00 p.m. on
the third Wednesday of each month. Any item on the agenda which cannot be
heard and considered by the conclusion of the meeting may be continued until
and heard at the next regularly scheduled meeting or a specially scheduled
meeting and shall have priority over any other matters to be heard and
considered.
B.Special Meetings. May be held at any time upon call by the Chair or the Public
Works Director. Notice of at least three (3) calendar days shall be given to each
member of the TAB. The time, place, and purpose of the special meeting shall be
specified in the notice to the committee members. Should a special meeting be
scheduled, notification must be provided to the Public Works Director in an effort
to adequately notify the public in accordance with the State of Colorado Open
Meetings Law Section 24-6-402(2)(c) C.R.S.
C.Cancellation of Meetings. Regularly scheduled meetings of the TAB may be
cancelled or rescheduled upon determination by the Chair. Any cancelled
meeting requires notification to the Public Works Director in an effort to
adequately notify the public.
D.Meeting Procedures. Chair shall preside in accordance with generally accepted
norms for the conduct of parliamentary procedure. The TAB may overturn a
ATTACHMENT 7
Page 53
parliamentary determination of the Chair by majority vote. Robert’s Rules of
Order may be considered as a parliamentary guide.
E.Open Meetings. All meetings and action of the TAB shall be in full compliance
with state statutes governing open meetings, as amended and incorporated
herein by reference. It is the responsibility of the assigned staff member of the
Public Works Department to be familiar with these statutes and regulations.
F.Attendance by Non-members. Meetings may be attended by persons who are
not members of the TAB. At the discretion of the Chair, non-members may be
allowed to speak at meetings. However, in no event shall non-members be
allowed to vote on matters for which a vote is required.
III. MEMBERS AND QUORUM
A.Membership. The TAB consists of nine (9) voting members. Members must
reside within the Estes Park R-3 School District. Appointments of members shall
be made by the Town Board in accordance with Policy 102.
B.Terms. Members shall be appointed to a three (3) year term. The terms of the
members shall be staggered so that the terms of an equal number of the
members, or as equal a number as possible, expire on the last day of March
each year. There are no term limitations, and members may be reappointed by
the Town Board in accordance with Policy 102.
C.Vacancies. Vacant positions shall be filled by appointment by the Town Board
for the unexpired portion of the term of the position to be filled.
D.Quorum. A quorum for transaction of business of the TAB shall consist of a
majority of the appointed (voting) member positions that are filled at the time.
This is the minimum number of members required to be present to open a
meeting and conduct business.
E.Action. Any action by the TAB shall be by majority vote of the members
attending any regular or special meeting at which a quorum is present, unless
otherwise provided by law or ordinance. A tie vote shall constitute failure of the
motion on the floor.
F.Town Board Liaison. The Town Board may appoint one of its members as a
liaison to the TAB, who shall receive copies of all notices, documents, and
records of proceedings of the TAB which any member would also receive.
IV. OFFICERS
A.Officers. There shall be a Chair and a Vice-Chair as selected by the TAB.
Page 54
B.Elections. Officers shall be elected by the members annually, at the first
regularly scheduled meeting of each year. Officers shall be members of the TAB.
Notification of who is elected Chair and Vice-Chair will be sent to the Town Clerk.
C.Chair Responsibilities:
1.Preside at all meetings
2.Ensure that all meetings are conducted with decorum and efficiency
3.Call special meetings in accordance with the bylaws
4.Authority to cancel a meeting
5.Sign any documents prepared by the TAB for submission to the Town Board
or Town departments
6.Represent the TAB in dealings with the Town Board or other organizations
7. The Chair has the same right as any other member of the Board to vote on
matters before the TAB, to move or second a motion, and to speak for or
against proposals.
D.Vice-Chair Responsibilities:
1.Assist the Chair as requested
2.Accept and undertake duties delegated by the Chair
3.Preside over meetings or perform other duties of the Chair in the event the
Chair is absent or unable to act.
E.Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting,
the TAB may elect a voting member to serve as Chair for the duration of that
meeting.
V.STAFF ROLE
An assigned staff member of the Public Works Department is responsible for proper
notification of meeting, preparation and distribution of agenda, assembly of packet and
minute taking for all meetings.
VI. ATTENDANCE
Regular attendance by the members of the TAB is expected. In the event any member
misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a
calendar year, the Town Board may remove its appointed member for neglect of duty
and designate a new member to fill the vacancy.
VII.GENERAL PROVISIONS
Recommendations for amendments to these bylaws may be adopted at any regular or
special meeting of the TAB by a majority of the membership of the TAB provided that
notice of such possible amendments is given to all members at least five (5) days prior
to the meeting at which action is to be taken. Any amendments shall be subject to
approval by the Town Board.
Page 55
VIII. COMPLIANCE WITH TOWN POLICIES
A.In addition to these bylaws, the TAB shall operate in compliance with the adopted
Town Board policy on Town Committees, Policy 102, as amended. The terms of
this policy are incorporated into these bylaws by this reference. A copy of the
policy, along with these bylaws, shall be provided to each member at the time of
their appointment.
B.Failure to comply with applicable Town policies may be grounds for an official
reprimand or censure by the TAB and/or a recommendation to the Town Board
for removal.
IX. CONFLICT OF INTEREST
All members of the TAB are subject to the standards of conduct under the State of
Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the
Colorado Constitution (Amendment 41). At the time of introduction of an individual item
on the TAB agenda in which the member has a conflict of interest, the member shall
state that a conflict of interest exists and then abstain from participating and voting on
the matter. A member having a conflict of interest on any matter shall not attempt to
influence other members of the TAB at any time with regard to said matter.
Adopted this ___ day of ______________, 2022.
ESTES PARK BOARD OF TRUSTEES
By: ________________
Mayor
Page 56
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Christy Crosser, Grant Specialist
Greg Muhonen, Public Works Director
Date: January 25, 2022
RE: Letter of Support for CDOT’s Revitalizing Main Street Grant Application for
US Highway 36 and Community Drive Roundabout Project
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Support Letter
QUASI-JUDICIAL YES NO
Objective:
Public Works staff is requesting the Town Board authorize the Mayor to sign a support
letter to the Colorado Department of Transportation (CDOT) for our Revitalizing Main
Street grant application. The project will construct a roundabout on US Highway 36 at
Community Drive and new curb, gutter, and multi-use trail along the east side of
Community Drive.
Present Situation:
As a part of Colorado’s COVID-19 Recovery Plan, the Revitalizing Main Streets
Program was expanded through a $30 million allocation from the state legislature in
March 2021. As of December 6, 2021, this grant opportunity now has an additional
$22,160,000 available to support transportation infrastructure projects across the state.
Eligible entities may submit one application with a cap of $2M. Applications are due
February 4, 2022.
This program is intended to help communities across the state implement
transportation-related projects that improve safety and yield long-term benefits to the
community.
The Town submitted an application to CDOT in Round 1 for this project, and it was not
funded; however, some program criteria has changed and staff believe that we are in a
stronger position to apply again. The US Highway 36 and Community Drive Roundabout
project is shovel-ready with design plans nearly ready to bid which makes it a good fit
for this CDOT program.
Page 57
The grant application will focus on safety: vehicular (roundabouts are countermeasures
for traffic calming and safer for left turns), and pedestrian and bicyclist with the
Community Drive curb, gutter, and sidewalk.
The reason for proposing this multimodal trail is to increase the competitiveness of this
application and focus on safety features. Safety components are 30 percent of the
evaluation scoring. This trail would serve the schools and Estes Valley Recreation and
Park District’s Community Center, as well as residents in the area and recreation
enthusiasts.
Proposal:
Public Works staff is proposing to submit a grant application for this funding opportunity,
and is asking the Town Board to document their support of this application with the
attached letter. The grant application will be submitted to CDOT by February 4, 2022.
Advantages:
•This letter confirms the Town’s support for this project and the grant application.
•There is no cost share requirement; however, applicants with a match will be scored
higher and the Town previously budgeted significant cash match for this project.
•Staff want to take advantage of every possible grant funding opportunity to support
the construction of this project.
Disadvantages:
•If awarded, the funds must be obligated by December 2024, and the project must be
completed by December 2026; however, this should not be an issue as long as
funding is available.
•If awarded the Town must comply with CDOT and federal grant requirements, and
because the Town has been awarded another CDOT and federal grant for this
project, this should not result in any new obligations or processes.
•A cash match is not required; however, our proposed over-match will make the
application more competitive.
Action Recommended:
Public Works staff recommends the Town Board authorize the Mayor to sign the
support letter to CDOT.
Finance/Resource Impact:
The estimated construction cost of this project is $3,200,000 including the expanded
scope of work. Town has previously budgeted approximately $1,009,000 of local funds
(account #204-5400-544.35.51) dating back to 2018 to put alongside a 2019 CMAQ
grant award of $750k. We are requesting a Revitalizing Main Streets (RMS) grant award
in the amount of $1,450,000 to cover the existing funding shortfall of $750k for the
roundabout and $700k for the added multi-use trail. The RMS grant program has
established an application cap of $2M from an individual local agency.
Level of Public Interest
Page 58
Public interest is moderate for the roundabout and is expected to be strong for the curb,
gutter, and trail improvements along Community Drive.
Sample Motion:
I move to approve/deny authorizing the Mayor to sign the support letter.
Attachments:
1.Support Letter
Page 59
Board of Trustees 970-577-4777
wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
January 25, 2022
Grant Review Committee Revitalizing Main Street Larger Safety Infrastructure Grant CDOT cdotmainstreets@state.co.us RE: Support Letter Dear Grant Review Committee: The purpose of this letter is to affirm the Town of Estes Park Board of Trustees’ support for the CDOT Revitalizing Main Street grant application. This application supports a very important project for our community: building a sidewalk on Community Drive and constructing a roundabout at US 36 and Community Drive.
As we continue to recover from the COVID-19 pandemic that resulted in the closure of Rocky
Mountain National Park and local business, we delayed some project work in the interest of
public health safety and budgetary reasons. With the support from CDOT we can continue this
very important project to construct safety features for people and improve traffic flow into our
downtown corridor. The economic vitality of this destination community is important locally, of
course, but also for the region and the state. This project supports the Town Board’s strategic
goals: to offer visitors an exceptional guest experience as a preferred mountain community; and
to support infrastructure improvements.
US 36 leads directly into the downtown corridor, which is a destination for many visitors and an
employment hub. This is the business district with shopping, dining, and arts that offers residents
and visitors an opportunity to experience a mountain village. As the first impression for people
driving in the community, this roundabout will offer a wonderful introduction to the valley and
its natural beauty. The roundabout at the intersection of US 36 and Community Drive is needed due to the increased traffic resulting from major improvements of the Events Complex (the Town’s fairgrounds) and the new Estes Valley Recreation and Parks District’s (EVRPD) Community Center (“rec center”). The two-lane highway coming into the Estes Park on US 36 has significant traffic turning left to access these services, resulting in vehicles backing up on the causeway over Lake Estes. The roundabout will be more efficient for vehicles turning DRAFTPage 60
Board of Trustees 970-577-4777
wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
left onto Community Drive and will slow traffic down as they enter Estes Park. Roundabouts are considered safer because vehicles move slower and experience fewer conflicts. The roundabout will be the second of three in Estes Park following the construction of the roundabout on US Highway 34 (Wonderview) and MacGregor Avenue. This CDOT project has successfully introduced roundabouts in this community and we look forward to continued CDOT support for the roundabout at US 36 and Community Drive. The proposed sidewalk on the east side of Community Drive includes many safety features, especially for students walking and biking from the school campus and from the EVRPD Community Center to the recreational area, which includes ball fields, skatepark, pickleball courts and more. This sidewalk will connect with the Estes Lake Trail and points beyond including the historic downtown village. Besides connecting to the schools and the recreation center, Community Drive connects to residential areas and to the highly used and only dog park in the community. Currently there is only a dirt path along this road, which is heavily used. The multimodal sidewalk will accommodate walkers, joggers, bikers, families with strollers and many others. This sidewalk will be a significant improvement, and supports the Stanley Park Master Plan that was completed in 2018. As you are aware, Estes Park is a premier destination community hosting millions of visitors each year. With CDOT as our partner, we can continue road and trail improvements that accommodate residents and visitors and keep people safer from traffic conflicts. We hope that you will review this grant application favorably for the Town of Estes Park—the primary gateway community to Rocky Mountain National Park—in our efforts to recover from the COVID-19 pandemic and continue infrastructure improvements. Sincerely.
Wendy Koenig Mayor DRAFTPage 61
Page 62
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: January 25, 2022
RE: Appointments to the Local Marketing District Board of Rich Chiappe for a
term expiring December 31, 2023 and Jerusha Rice for a term expiring
December 31, 2022
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To consider the interview team recommendations to appointment Rich Chiappe and
Jerusha Rice to the Local Marketing District Board (LMD).
Present Situation:
The Town Clerk’s Office advertised for vacant positions on the LMD Board. Two
applications were received and the interview committee, consisting of Trustees Cenac
and Webermeier, conducted interviews on January 11, 2022.
Proposal:
The interview committee recommends the appointments of Rich Chiappe to a term
expiring December 31, 2023 and Jerusha Rice to a term expiring December 31, 2022.
Riche Chiappe has lived in Estes Park for 5 years and owns Windcliff Homes LLC.
Jerusha Rice has lived in Estes Park for 3 years and works for Delaware North.
Advantages:
Filling the positions would complete the seven-member board.
Disadvantages:
If the appointments are not made, the positions would remain vacant until additional
applications are received and interviews conducted.
Page 63
Action Recommended:
Appoint Rich Chiappe and Jerusha Rice to the LMD Board for terms expiring December
31, 2023 and December 31, 2022, respectfully.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointments to the Local Marketing District Board of Rich
Chiappe for a term expiring December 31, 2023 and Jerusha Rice for a term expiring
December 31, 2022.
Attachments:
None.
Page 64
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson
Date: January 25, 2022
RE: Resolution 10-22 Transfer of Ownership from Estes Taqueria, LLC dba
Peppers Mexican Grill to Estes Thai LLC dba Estes Thai, 401 E. Elkhorn
Avenue, Hotel and Restaurant Liquor License.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Transfer an existing liquor license located at 401 E. Elkhorn Avenue to the applicant,
Estes Thai LLC.
Present Situation:
A Hotel and Restaurant Liquor License is currently held at the location referenced
above by Estes Taqueria, LLC dba Peppers Mexican Grill. The applicant is requesting
a transfer of the license and submitted a complete application to the Town Clerk’s office
on January 4, 2022, and a temporary permit was issued on the same day. The
temporary permit authorizes the transferee to continue the sale of alcohol beverages as
permitted under the permanent license while the application to transfer ownership of the
license is pending.
The applicant has submitted all necessary paperwork and fees and is aware of the TIPS
training requirement. At least one member of the LLC has been an owner of a liquor
license in another state.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to Estes Thai LLC dba Estes Thai.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
TOWN CLERK’S OFFICE Memo
Page 65
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business during the licensing process.
Action Recommended:
Approval to transfer the existing Hotel and Restaurant liquor license to Estes Thai LLC
dba Estes Thai.
Budget:
The fee paid to the Town of Estes Park for a Hotel and Restaurant Liquor license
transfer is $1319. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the renewal fee
payable to the Town for a Hotel and Restaurant liquor license is $869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Hotel and Restaurant liquor
license filed by Estes Thai LLC dba Estes Thai.
Attachments
1.Resolution 10-22
2.Procedures for Transfer
3.Form DR 8404
4.Form DR 8404-I for Usu Phatthon & Phanupong Wajanasoonton
Page 66
RESOLUTION 10-22
APPROVING A TRANSFER OF A HOTEL AND RESTAURANT LIQUOR LICENSE FROM
ESTES TAQUERIA, LLC DBA PEPPERS MEXICAN GRILL TO ESTES THAI LLC DBA
ESTES THAI, 401 E ELKHORN AVENUE, ESTES PARK, CO 80517
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 January 25, 2022 for
a Transfer of a Hotel and Restaurant Liquor License, filed by Estes Taqueria, LLC dba
Peppers Mexican Grill to Estes Thai LLC dba Estes Thai, 401 E. 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 transfer of a liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The Board approves the application for a Transfer of a Hotel and Restaurant Liquor
License, filed by Estes Thai LLC dba Estes Thai, 401 E. Elkhorn Avenue, Estes Park,
Colorado.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 67
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application to transfer a Hotel and Restaurant liquor license to Estes Thai
LLC dba Estes Thai and confirm the following:
The application was filed January 4, 2022 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as a LLC .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
X Unscheduled Completed Pending Confirmation
MOTION:
I move to approve/deny Resolution 10-22
Attachment 2
Page 68
DR 8404 (01/22120)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Colorado Liquor
Retail License Application
D New License D New-Concurrent 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: www.colorado.gov/enforcementlliquor
1.Applicant Is applying as a/an D Individual Limited Liability Company D Association or Other 0 Corporation O Partnership (includes Limited Liability and Husband and Wife Partnerships)
2.Applicant If an LLC, name of LLC; if partnership, at l east 2 partner's names; If corporation, name of corporation FEIN Number esks ()(; uc_ 2a. T rade Name of Establishment (DBA) State Sales e-c; h1s thCt ,·
3.Address of Premises (specify exact location of pre'l1Ises, Include s uite/unit n umbers)401 G� �tk. l-Jorn //Vf.
4.Malling Address (Number and Street)
401 g G"'ill.J10YIIL--
City or Town este.s
5.Email Address
6. If the premises currenUy has a liquor or beer license, you must answer the following questions
State ZIP C ode ro �051-::f-
State ZIP Code ro �5i-:f--
Prese nt �lratlon Date lo lui1-oi--'2-
Section A Nonrefundable Appllcatlon Fees* Section B (Cont.) Liquor License Fees*
D Application Fee for New U cense ............................................ $1,550.00 D Uquor-Ucensecl Drugstore (County) .................................................. $312.50
D NJplicalion Fee for New License w/Concurrent Review ............ $1,650.00 D Lodging & Entertainment-L&E (City) ................................................. $5 00.00
�Application Fee for T ransfer ................................................... $1,550.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00
Section B Liquor License Fees* D Manager Registration -H & R ................................................................ $75.00
0 Add Optional PremisesloH &R ......... $100.00X ___ Total ___ □0 ManagerRegistration-Tavem ............................................................... $75.00
Manager Registration -Lodging & Entertainment ................................ $75.00 D Add Related Facility to Resort Comple x$75.00 X ___ Total___ D Manager Registration _ qampus Liquor Complex ............................... $75.00□ Add Sidewalk Service Area .................................................................... $75.00 □ Optional Premises Ucense (Clty) ......................................................... $500.00D Arts License (City) ................................................................................ $308. 75 D Optional Premises Ucense (County) ................................................... $500.00D Arts License (County) .......................................................................... $308.75 D Racetrack License (Clty) ....................................................................... $500.00D Beer and Wine Ucense (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00D Beer and Wine Ucense (County) ........................................................ $436.25 □ Resort Complex License (City) ............................................................. $500.00D Brew Pub License (City) .................................................................... s750.oo D Resort Complex Ucense (County) ....................................................... $500.00D Brew Pub License (County) ................................................................. $750.00 D Relat ed Facility-Campus Liquor Complex (City) .............................. $160.00D Campus Liquor Compl ex (City) ........................................................... $500.00 D Related Facility -Campus Liquor Complex (County) ........................ $160 .00D Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility-Campus Liquor Complex (S tate) ............................ $160.00D Campus Uquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00D Club License (City) ............................................................................... $�.75 D Retail Gaming Tavern License (County) .............................................. $500.00□ Club License (County) ........................................................................ $308.75 0 Retall Liquor Store License-Additional (Clty) ...................................... $227.50□Distillery Pub Ucense (City) ................................................................. $750.00 0 Retall Uquor Store License-Ad ditional (County) ................................ $312.50D�llery Pub Ucense (County) ........................................................... $750.00 D Retail Liquor Store (Clty) ....................................................................... $227.50e'.I' Hot el and Restaurant Ucense,(Clty) ................................................... $500.00 D Retall Liquor Store (County) ................................................................. $312.50D Hotel and Restaura nt License (County) ............................................ $500.00 D Tav ern License (City) .......................................................................... $500.00D Hotel and Restaura nt License w/one opt premises (City)•······ .......... $600.00 D Tavern License (County) .................................................................... $500.00D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Resta urant License (City) ...................................................... $750.00D Uquor--Ucensed Drugstore (City) ....................................................... $22?.50 D Vintners Restaurant License (County) ................................................. $750.00
*Note that the Division will not acce t cash
Questions? Visit: www.colorado.gov/enforcementlliquorfor more information
Do not write in this s
License Account Number Liability Date Lice nse Issued T hrough (E xpiration Date) Total
$
1
Attachment 3
Page 69
oR 8404 <011221201 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: www.colorado.gov/enforcementlliquor for more information
I.
II.
Ill.
IV.
V.
VI.
Items submitted olease check all annroorlate boxes comoleted or documents submitted
�licant Information
�-Applicant/Licensee identified
B.State sales tax license number listed or applied for at time of application
D C. License type or other transaction identified
D 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 completed
D F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this
Retail License Application �
�ram of the premises .. .1 . � A. No larger than 8 1/2" X 11"
�B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
. walls, entry/exit points, etc.)
�-Separate diagram for each floor (if multiple levels)
�-Kitchen -identified if Hotel and Restaurant
. Bold/Outlined Licensed Premises
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)
�ground information {DR 8404-1) and financial documents
. 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:l/uenroll.identogo. com/
Phone: 844-539-5539 (toll-free)
ldentoGO FAQs: https:llwww.colorado.gov/pacificlcbVidentification-faqs
Colorado Fingerprinting -http://www.coloradofingerprinting.com
Appointment Scheduling Website: http:/lwww.coloradofingerprinting.com/cabsl
�
Phone: 720-292-2722 To ll Free: 833-224-2227
�-Purchase agreement, stock transfer agreement, and/or authorization to transfer license
. List of all notes and loans (Copies to also be attached)
Sole proprietor/husband and wife partnership {if applicable) 0 A. Form DR 4679
D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant
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.�ited Liability Company applicant Information (if applicable}
A. Copy of articles of organization
D B. Certificate of Good Standing
� 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 application
D A. $75.00 fee0 B. Individual History Record (DR 8404-1)
D C. If owner is managing, no fee required
2
-
Page 70
DR 8404 (01/22/20)
Name Ty pe of License Account Number
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 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?
Yes No□rzr
□ □ □
□
□
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-D D
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 principal D D
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?D
13 b. Are Y?U a Colorado resident?0
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 D '1Hil!n1 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 O D arrangement? D ownership �ase 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
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 llcensed 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 81/2" 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.
'-!_st Name 1 .... J...:. ,. • ,L. t.:t:Y't 1roftfvfYIO.M
Last Ncfme -, ·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: D Has a local ordinance or resolution authorizing optional 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 from
the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or
other legal permissions.
19.Liquor Licensed Drugstore (LLDS) applicants, answer the following:
a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? 0 D If "yes" a copy of license must be attached.
3
xxxxxxxxxxxxxxxxxxxxxxxx
Page 71
DR 8404 (01/22/20)
Name Type of License Account Number
20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation
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.
Yes No □ □ □ □
□ □ □ □
□ □
□ □
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 fin erprint submitted to approved State Vendor throu h 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 ot_M_ana9er J..., TWX C,1V10(.9:tl'YltOY�
First N
24.Does this manager act as the manager of, or have a financial interest In, any other liquor lcens establishment in the State of
Colorado? If yes, provide name, type of license and account number.
25.Related Facility -Campus Liquor Complex applicants answer the following:
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 � Manaoer First Namil,.�f Manager
Yes .-l\lo
□ □
26.Tax Information.Yes No
a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC). or any O
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 0
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 throu h their website. See application checklist, Section IV, for details.
Name Home Address, City & State USCL. pnuftho� /0'W �Y'VIWCYII <51-. fY01-worlk. C'tf
Name Phcmu Home Address, City & ��le l�tf 'a<ffl.t.t:<11 JV-ftorr<ctlt. o}-�
Name Home Address, City & State
Name Home Address, City & State
Name Home Address, City & State
DOB
DOB
,.. If applicant is owned 100% by a parent company, please list the designated principal officer on above.
.,.,...
Position
Position
%Owned
170
%Owned
"'fO
%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: 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 a
prohibited liquor license pursuant to Article 3 or 5, C.R.S.
4
Page 72
DR 8404 (01/22/20)
Name I Type of License I Account Number
Oath Of Applicant
I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my
knowledge. 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.
Date Authorized Signature {11;4wl� u J)l4-!Printed Name and lltle InU:5/r �utfni.M . �Yl'1Pvl'19/ N�1t1v1,;, )0:JYI hm.. /.;;,../5/uJz,1
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 autho rity
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 princlpal 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 offood, 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
Signature Print
Signature Print
!Te lephone Number
5
Title
Title
.. , ...... r
I D To wn, City D Countv
Date
Date
Page 73
DR 8495 (07/23/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
Tax Check Authorization, Waiver,
and Request to Release Information
I, iJSt?( phvfthD-vl am signing this Ta x Check Authorization, Waiver and Request to Release
Information (hereinafter "Waiver") on behalf of €:STeS THI!:( lL-C.. (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) �,� Address 40/City
Home Phone Number
I
State ro Business/Work Phone Number 91-0 (!)O?;a Printed name of person signing on behalf of the Applicant/Licensee ffJ.4-;::HrJmfOtl ature authorizing the disclosure of confidential tax information)
Privacy Act Statement
Zip fJ051-;f
Date signed >/Z02-/
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).
xxxxxxxxxxxx
Page 74
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I" ..Page 75
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ii
' • I Page 76
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
liquor Enfon::ement 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 indMdual history record requires infonnation that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A•. Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)1.Name of Business Home Phone Number I Cellular Number Gs�s thcti -2. Your Full Name Oast, fi�dle) pn av, UsCt.-3.List any other names you have used-4.Mailing address (if different from residence)Email Address ,1·0.e 140'!,, 1 e._ 'fCI '100, C,0/JM,.
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 .lhm1tvt1 II &N<Jrrro<//£.. (',4--°/()bsV 5/2001::. /OC,I( ·2021 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 Tof2o.:tot I 1hci,· � h1U-f"'1fc:;-N. Tu-sfvn ft-iJ;.B OWY1--lY 1/2013 p-YPSMt
12.f ,ku,i yt71M-t-CJ �vu-18 -l' C,4-C(:J-'tb--:/--
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 Licenseewrtt-
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, 0Yes 0Nofurniture, 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 �oapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Attachment 4
xxxxxxxxxx
Page 77
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 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 a
deferred sentence? (If yes, explain in detail.)
14.Financial Information.
0Yes
0Yes 0'No
□Yes No
a.;otal purchase oricear investment being made by the applying entity, corporation, partnership, limited liability company, other.
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including any
notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ __._�=-,,@"""""-'---------
* If corporate Investment only please skip to and complete section (d)
.. Section b should reflect the total of sections c and e
c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.
(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
r,f9/)f}
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 (Attach copies of all notes or loans)
Name of Lender Address Term Security Amount
Oath of Applicant
lication and all attachments are true correct and com lete to the best of m
Page 78
DR 8404-I (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the liceAse 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 appllcatlon. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1. Nam e of Business f ti s es 1�0\'t2· Yow�:1mt �sAfi�t3d�)
,. 0 �N -f -HAN Ufo �6
Hom ePhon':,Number I�
3. List any other names you have used -
4.Mailing address (if different from residence) .J Email Address Mi t \ \,,\u.1h_OO\nupcl/\DJ\ 't) WV\1 .Co"""
5.List current residence address. Include any previous addresses within thl(last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To Current eG'\.r� wt..l\ �1 N Dv-Wii\ \ � tl\0\ 0 b50 �V\ JDJ'I f:ec.�'2 to'\tr Previous :w. » ret\iln.., J s -r.�l +D\.�o�,k F /... 3?-7/f ll""UI ez,o l � Dec 'l.C'f'1 2-71 0Pf'l'1A" 6.List all employme'tit within the last five years. Include any self-employment. (Attach sdparate sheet if necessary)'
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
��(]\ �IYH�e� 11° tJti.~f� 'tl--4Li 7+.,-eeA-ovwiA S�t�� Av",\ t'sc..
Su,-l--t s pf-ci a.I i*..,I
7�0 r�VQ.\l)j� A2-Q0 l'l 2-o1-r,g5ooi
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 t'rA-
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, □Yes d°No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
, 9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes oi'Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Page 79
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 criminal or military court or do you have any charges pendin ? (If es, explain in detail.) D Yes • No
11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a � deferred sentence? (If es, explain in detail.) D Yes No
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes
Personal and Financial Information
g. Name of District Court
d.U.S. Citizen O Yes
No
h. Naturaliz ation Certificate Number i.Date of Certification j. If Alien, Give Allen's Registration Card Number k. Permanent Residence Card NumberSv2-0 oo-:,..s-i_,i ... I. Height m. Weight n. Hair Colorors' llf 1 ·l"v'<o.Eye Color p. GendlrD q. � you have a cu Ori ' Li /ID? If so, give number and state.l o.c. � (t/'(}.. � @'Yes D No # State (./Jr �::::.;========----' 14.Financial Information.
a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.
$ 0
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. $ q 60 O'J. �----
* 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 aseparate sheet if needed
Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address Term Security Amount
<J(}c)
xxxxxx xxxxxxxxxxx
xxxxxxx
Page 80
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson
Date: January 25, 2022
RE: Resolution 11-22 Transfer of Ownership from Spur Liquor Inc. dba Spur
Liquor to Spur Liquor LLC dba Spur Liquor, 880 Moraine Avenue, Retail
Liquor Store License.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Transfer an existing liquor license located at 880 Moraine Avenue to the applicant, Spur
Liquor LLC.
Present Situation:
A Retail Liquor Store license is currently held at the location referenced above by Spur
Liquor Inc. dba Spur Liquor. The applicant is requesting a transfer of the license and
submitted a complete application to the Town Clerk’s office on January 3, 2022, and a
temporary permit was issued on the same day. The temporary permit authorizes the
transferee to continue the sale of alcohol beverages as permitted under the permanent
license while the application to transfer ownership of the license is pending.
The applicant has submitted all necessary paperwork and fees and is aware of the TIPS
training requirement. The owner of the LLC has been an owner of a liquor license in
Colorado previously and is aware of the liquor laws.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to Spur Liquor LLC dba Spur Liquor.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
TOWN CLERK’S OFFICE Memo
Page 81
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business during the licensing process.
Action Recommended:
Approval to transfer the existing Retail Liquor Store license to Spur Liquor LLC dba
Spur Liquor.
Budget:
The fee paid to the Town of Estes Park for a Retail Liquor Store license transfer is
$1086. The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the renewal fee payable to the
Town for a Retail Liquor Store is $636 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Retail Liquor Store license filed
by Spur Liquor LLC dba Spur Liquor.
Attachments
1. Resolution 11-22
2.Procedures for Transfer
3.Form DR 8404
4.Form DR 8404-I for James Sloan
Page 82
RESOLUTION 11-22
APPROVING A TRANSFER OF A RETAIL LIQUOR STORE LIQUOR LICENSE FROM
SPUR LIQUOR INC DBA SPUR 66 LIQUOR TO SPUR LIQUOR LLC DBA SPUR
LIQUOR, 880 MORAINE AVENUE, ESTES PARK, CO 80517
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 January 25, 2022 for
a Transfer of a Retail Liquor Store Liquor License, filed by Spur Liquor LLC dba Spur Liquor,
880 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 transfer of a liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The Board approves the application for a Transfer of a Retail Liquor Store Liquor
License, filed by Spur Liquor LLC dba Spur Liquor, 880 Moraine Avenue, Estes Park,
Colorado.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 83
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application to transfer a Retail Liquor Store license to Spur Liquor LLC dba
Spur Liquor and confirm the following:
The application was filed January 3, 2022 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as a LLC .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
X Unscheduled Completed Pending Confirmation
MOTION:
I move to approve/deny Resolution 11-22
Attachment 2
Page 84
DR 8404 (01122/20) COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Colorado Liquor
Retail License Application
D New License D New-Concurrent � 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: www.colorado.gov/enforcementlliquor
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, al least 2 partner's names; if corporation, name of corporation.SPLlR. L Q LlO LLC
2a. Trade Name of Establishment (DBA) ,5 P LAI<. L\Q uO R...
3.Address of Premises (specify exact location of premises, include s uite/unit nu mbers)8 '?, 0 ,(.Q,,0 � AV&rJ Ut;' ·
State ZIP Code Co 80S-l-:+
4. Mailing Address (Number and Street). 2.L. I . 8 I LS 6Ul.C I /LOA])
5. Email Adpress 1. /-°J··• e.s oa_n \.::::-'
City or Town £�,es Pl/#
6.If the premises cu rrently has a liq uor or beer license, you must answer the following questions
Present Trade Name of Establishment (DBA) Present State License Number Present Class of License
12.. (g "' � 4£-32( 3 · a:>0o
ZIP Code 8051-=f
Present Exp i ration Date
3 8 2'DZZ...
Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees*
D Application Fee for New License ............................................ $1,550.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50
D Application Fee for New License w/Concurrent Review ............ $1,650.00 D Lodging & Entertainment-L&E (City) ................................................. $500.00
� Application Fee for Transfer ................................................... $1,550.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00
Section B Liquor License Fees* D Manager Registration -H & R ................................................................ $75.00 ---------------------------i D Manager Reg istration -Tavem ............................................................... $75.00D Add Optional Premises to H & R ......... $100.00 X ___ Total __ _ D Manager Registration -Lodging & Entertainment.. .............................. $75.00 D Add Related Facility to Resort Complex $75.00 X Total □$ Manager Registration -Campus Liquor Complex ............................... 75.00 D Add Sidewal k Service Area .................................................................... S75.oo D Optional Pr emises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) .......................................... , •...... :$500.00 D Arts License (County) .............................................................. � ........... $308.75 D Racetrac k License (City) ....................................................................... $500.00 D Beer and Wine License (City ) .............................................................. $351.25 D Racetrac k License (County) ................................................................. $500.00D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D B rew Pub License (County) ................................................................. s750.oo D Related Facility-Campus Liquor Complex (City) .............................. $160.00D 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) ............................ $160.00D Campus Liquor Complex (Slate) ......................................................... $500 .00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00D Club License (Coun ty) ······················ .................................................. $308.75 D Retail Liquor Store License-Addi tional (City) ...................................... $227.50 D Distillery Pub License (City) ................................................................. S750.oo D Retail Liqu or Store License-Additional (County) ................................ $312.50 D 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) ................................................................. $312.50 D Hotel and Resta urant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (Cou nty) .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintne rs 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: www.colorado.gov/enforcementlliquorfor 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
$
8
Attachment 3
Page 85
0R8404 <01122120 > 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 typedor legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.colorado.gov/enforcementlliquorfor more information
Items submitted please check all aooropriate boxes completed or documents submitted
I.�plicant information
A. Applicant/Licensee identified ftpkl.N5,� � B. State sales tax license number listed or applied for at time of application
� C. License type or other transaction identified □D. Return originals to local authority (additional items may be required by the local licensing authority)□E. All sections of the application need to be completed□F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this ·.
Retail License Application
II.Di_;gram of the premises
� A. No larger than 8 1 /2" X 11"
[M' B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.) -a-C. Separate diagram for each floor (if multiple levels)
-8-0. Kitchen -identified if Hotel and Restaurant0" E. Bold/Outlined Licensed Premises
Ill. Proof of property possession (One Year Needed)-a-A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk
1M B. Lease in the name of the applicant (or) (matching question #2) _g C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant -U D. Other agreement if not deed or lease. (matching question #2)
IV.�ckground information (DR 8404-1) and financial documents
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)
ldentoGO FAQs: https:llwww.colorado.gov/pacific/cbi/identification-faqs
Colorado Fingerprinting -http.1/www.coloradofingerprinting.com
Appointment Scheduling Website: http:llwww.coloradofingerprinting.com/cabs/
Phone: 720-292-2722 To ll Free: 833-224-2227 D 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)Jj A D A. Form DR 4679 I D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant
VI.Corporate applicant information (if applicable)'{ft O A. Certificate of IncorporationtJ □ B. Certificate of Good StandingD C. Certificate of Authorization if foreign corporation (out of state applicants only)
VJI. Partnership applicant information (if applicable) J.� 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 organization □B. Certificate of Good Standing□C. Copy of Operating Agreement (if applicable)r.rA □ 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 applicationtJ1k □ A. $75.00 fee 0 B. Individual History Record {DR 8404-1) □C. If owner is managing, no fee required
2 Page 86
,
DR 8404 (01/22/20) Nam �Pue 1 i Q tJ.vte.LL<!._ I Type of License I Account Number /Ce.A-, L /d.A-11 S r==c__...-e_
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 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 thepreceding 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
Yes Na □&
□&1□ □ �
□'Rl
□�Colorado law, or the principal campus of any college, university or seminary?or
11.
12.
13
13
14.
15.
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? µ/A
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. Q.ES,1tt.J m,-..:Jf _ �}');;:J) /,./ /'iCJ 8Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement? J&i.Lease D Ownership 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:
□ □
□Rf
□�
□ □
& □
� □
is. □
Landlord 'Tena nt Expires
I z)3,/2..0371 SLC,4,-,,J I ,v.,t;?s T 1\\ � L.LC..... s-Po..,e_ uo \lo,e..L.LC-.b.Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. □'l)q.,,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 81/2" 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 lnteresVPercentage
l'J A-Last Naµ/ ft First Name Date of Birth FEIN or SSN Interest/Percentage
Attach copies of all notes and security Instruments and any written agreement or detalls 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.
18.
19.
Optional Premises or Hotel and Restaurant Licenses with Optional Premises: NA □ELHas a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested. (See license fee chart) I 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 sidew/J'k. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. tJ * Liquor Licensed Drugstore (LLDS) applicants, answer the following: t/ fta.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 87
DR 8404 (01/22/20) Nam.:5"P .tl,./2_ Ll G J..l),f2_ /_L(__ I Tyl)e of License ,,.,-Account Number
� /h L / �'\S Pc-f2 20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation 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 ther-J ,� object of a patriotic or fraternal organization or society, but not for pecuniary gain? fJ J A, c. How long has the club been incorporated? d.Has applicant occupied an eslablishment 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: µ I Pc-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? ,-sit 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 Ins titution of higher education to provide food services. 23. For all on-premises applicants.
Yes No □ □ □ □
□ □ □ □
□ □ □ □
a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager m�ls14ubmit an Individual History Record j -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 /JA, -DR 8000 and fingerprints.Last Name of Manager ,-.J A I First Name of Ma";:;r
/t 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? tJ/f\ 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 rJ It I First Name of Ma,:,e A
26. Tax Information. Yes ; 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 □J& 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
G .(3'1M ') SL-OAtJ Jr J/f.Mf?S Name
Name -
Name ---.
Name
Home Address, City & State _ ,. i2� j DE:Vl�'::, �lJlf:HE� 1 "} �, ... ·,-,_,.:,, • C..:t Home Address, City & State eo..--;-,=r
Home Address, City & State
Home Address, City & State
Home Address, City & State
-
�Position MEIL Position
DOB Position
DOB Position
DOB Position
••If applicant is owned 100% by a parent company, please list the designated principal officer on above.
%Owned /00 %Owned
%Owned
%Owned
%Owned
•• Corpe lions -the President, Vice-President, Secretary and Treasurer must be accounted for above {Include ownership percentage if applicable) *" If t I 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 88
DR 8404 (01/22/20)
Name SRA{<_, Account Number
Oath Of Applicant
I declare under penalty of pe�ury 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 whic affect my license.
Authorized at�r Printed Name and TIiie
.__ __ .:..,__--,-1::....i,,i::;;.--_-_-_-_-__,1
u..��--=---=S----'w;;..;.,f}v:.-..;;;....:.....__ __ M;;.._/.t-tJ._A«_� __ _.___:......<---11
/ / Report and Approval of Local Licensing Authority (City/County)
Date ap 11catron filed with local authority 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 stale 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
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?
Yes No □ □
□ □
□ □
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
Signature Print
Signature Print
5
TIiie
TIiie
D Town, City D Coun Date
Date
Page 89
DR 8495 (07/23/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
Tax Check Authorization, Waiver,
and Request to Release Information
I, J/hn g; £. .sd)AvJ Jr""am signing this Tax Check Authorization, Waiver and Request to Release
Information {hereinafter "Waiver") on behalf of s·-pu J2.. L • .(Q 111) ,l:L LL C {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 44-3-1 01. 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) �;Pue.., L-.JQufJ&e..
Address IU.O I
City es,es �
Home Phone Number Ca:L'-
9 ,402-/0t/-9
Printed name of person signing on behalf of the Applicant/Licensee
E-swO,,rJ Jr
State
CL)
Business/Work Phone Number
alure authorizing the disclosure of confidential tax Information)
Zip 80S-/..:l-
Date signed /Z· iL/-·ZDZ/
/ Privacy Act Statement
Providing you/social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a
result of reftt§al to disclose it.§ 7 of Privacy Act, 5 uses§ 552a {note).
Page 90
-E----.,'z,. �II t ,"'.. -�. --32·... �.-..... (1'-7,r �-------I 5 1 � " -t: ....-t--i' I
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� Al
0 Ul 0 0 --I\\ 7J -::c
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-
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-Sb?
·•·
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c.J> Page 91
, '· DR 8404-1 (03/20119)
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 Businesss PIA{<: L1QLAO.� 2. Your Full Name (last, first, middle) ; LC HomePho":JtnAber I--3.List an:,t�mes�ewSLDA� JAfY\E.S Bl6.�&J2 4.Mailing address (if different from residence)Email A_ddress I € 9 VY)O....'Jl.. • (.zl � Jes 0<-1..r\
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 Es-, es �e;::: t!iJ 12-l:i/ Ds\/1L<:,buLc.t-4 hJAD 80-..'5"1-=;-/q8Lf ;?...V;lJ Previous Mi?
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
SW.4,..J I tJv25Tm � Lu:_ t:1O0 fvi!k_�,.c,L t0G M/Wi�-.e IL i cViz 20,e,
dto... B}a.Jc:.��O/\ Inn £;s-r1.::35 fJM1c_ Cu sos,=; I
A.) '-1 I I /v}f NJ.i N11 NA
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
1V/A ,v/,4 JJ/A ;U/;4 I I
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,R(Yes □No furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
P,l)ii:::rh '1 t.t., fY"\. BU\-t.� c• ... A-n 1 D-A fZL,=ss, A-u R.A-i1 T /,v(_ f-/1<-t'YY\ 1993 I.A'ViU(
i'19'1
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.)
I r-1/f+
Attachment 4
Page 92
" 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 criminal or military court or do you have any charges pending? (If yes, explain in detail.) □Yes }¼:(No
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of adeferred sentence? (If yes, explain in detail.) □Yes �No
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes No
Personal and 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 sole! for identification ur oses.
d.U.S. Citizen �es D No
e.If Naturalized, state w ere ,;Jr+ f.When Al /J g. Name 0�741 Court
h.Naturalization Certificate Number)-1.4 i.Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Reside2ce Card NumberNA-JJA /J,,.--• ,:
I. H�t I m. Weight n. �r Color�9 /l-:;0 DR..
14.Financial Information.
o.Eye Color p. Gender q.Do you have a cuu M . D.Q.Yes O No #
-• I I --• -I If so, give number and state.
tate Ci)Ll?tl/rliD
a.Tnt<>I n, """"'c:"' nrir.P. nr inVFistment beina m;:idP. hv thP. :=mnlvina entit , corporation, partnership, limited liability company, other.
i-O-:i
b.List the total amount of the personal investment , made by the person listed on question #2, in t�sjiusiness including a_�Y\_ AA notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ / 8-$ /)0 D + I I") Jc�\
•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
it?S OD
,I � • c .('\:) c.:14 , I· uF U)LO./JJ . 6 8qvoo -t
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
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address
A
Oath of Applicant
Bank Name Amount
Term Security Amount
lication and all attachments are true correct and com lete to the best of m e.
Page 93
Page 94
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 ORDINANCE 01-22
AMENDING TITLE 5 OF THE ESTES PARK MUNICIPAL CODE REGARDING THE
LIQUOR LICENSING AUTHORITY.
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 95
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 96
Town Attorney’s Office Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Dan Kramer, Town Attorney
Date: January 25, 2022
RE: Ordinance 01-22 Amending Title 5 of the Estes Park Municipal Code
Regarding the Liquor Licensing Authority
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Designate the local liquor licensing authority as two divisions, the Town Board and the
Municipal Judge, and identify which matters are to be adjudicated by each.
Present Situation:
The Town Board currently serves as the authority. This can involve a significant time
commitment, and for some matters may involve the kind of complicated legal and quasi-
judicial decisions that the Municipal Court has more experience handling.
Proposal:
The Board would retain authority over most applications for new licenses, transfers, and
changes of location. The Judge would be delegated the disciplinary proceedings,
administrative matters elevated by the Town Clerk, contested matters, and any other
applications the Board specifically refers.
Advantages:
Appropriate assignment of responsibilities based on expertise and experience deciding
cases in the community.
Disadvantages:
It is possible that some applicants may prefer that challenging or contested applications
be handled by the Board.
Action Recommended:
Approve the ordinance.
Page 97
Finance/Resource Impact:
None. Municipal judges may receive periodic pay adjustments, but no additional pay is
requested or necessary for this purpose.
Level of Public Interest
Unknown, but most applications that currently come before the Town Board would
continue to come before the Town Board, so widespread public interest may be unlikely.
Sample Motion:
I move for the approval of Ordinance 01-22.
Attachments:
1.Ordinance 01-22 Amending Title 5 of the Estes Park Municipal Code Regarding the
Liquor Licensing Authority
Page 98
ORDINANCE NO. 01-22
AN ORDINANCE AMENDING TITLE 5 OF THE ESTES PARK MUNICIPAL
CODE REGARDING THE LIQUOR LICENSING AUTHORITY
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: Ellipses in this ordinance indicate material not reproduced as the
Board intends to leave that material in effect as it now reads.
Section 2: Title 5 of the Estes Park Municipal Code is hereby amended by the
addition of a Chapter 5.29, to read as follows:
Chapter 5.29 - Liquor Licensing Authority
5.29.010 - Designation of the Authority
(a) Pursuant to the authority conferred by state law, there is hereby created
a Local Licensing Authority for the Town (the “Authority”).
(b) The Authority shall have two (2) divisions as follows:
(1) The Board of Trustees shall generally serve as the Authority on
applications for new liquor licenses, transfers of ownership, and
changes in location.
(2) The Municipal Judge shall serve as the Authority for show cause
orders and hearings on suspensions and revocations and other
disciplinary actions.
(c) The Town Clerk shall serve as the Secretary of the Authority and shall
take administrative actions on behalf of the Authority as provided in this
Code or in Town policy. References to the Town Clerk in chapters 5.30
and 5.31 are intended as references to the Town Clerk acting as the
Secretary of the Authority. There are no procedural or due process
rights to administrative review and approval. The Authority, Town
Attorney’s Office, Town Administrator’s Office, or Police Department
may notify the Secretary of a need to set an application for hearing and
not have administrative review and approval for any reason. If the
Secretary determines that there is evidence that an administrative action
or an application for a new license, transfer of ownership, or change in
location, requested by an applicant or licensee may be contrary to the
law or public interest, or a public objection or protest is received, the
Secretary shall cause the matter to be set for a hearing before the
Municipal Judge, who shall serve as the Authority over the matter.
(d) Before acting upon an application, the Board of Trustees may refer the
application to the Municipal Judge, who shall serve as the Authority over
the matter.
Section 3: Chapters 5.30 and 5.31 of the Estes Park Municipal Code are hereby
amended, by adding underlined material and deleting stricken material, to read as follows:
Chapter 5.30 - Liquor License Fees
ATTACHMENT 1
Page 99
. . .
5.30.020 - Renewals.
. . .
(c) If there is information before the Town Clerk tending to constitute
"good cause" for not renewing a particular license for an additional year, the
Town Clerk shall cause to be issued a notice of hearing. The service and
posting of notice shall be as provided in the applicable sections of the
Colorado Liquor and Beer Codes. At the hearing, the Municipal Judge
Board of Trustees shall make a determination whether or not the license
shall be renewed.
. . .
5.30.040 - Modification of premises.
. . .
(b) If the Town Clerk denies the application, the Town Clerk shall give
notice in writing and state the grounds upon which the application was
denied. The applicant shall be entitled to a hearing before the Board of
TrusteesMunicipal Judge on the denial if the applicant requests the same
in writing to the Town Clerk within fifteen (15) days after the date of the
notice of denial.
. . .
5.30.050 - Special events permit.
. . .
(c) If there is information before the Town Clerk and/or any protest filed
by affected persons, the Town Clerk shall cause to be issued a notice of
hearing on the special events application. The Town Clerk shall do all
required posting and notification. At said hearing, the Municipal JudgeBoard
of Trustees shall determine whether or not to issue or deny the permit.
. . .
Chapter 5.31 - Optional Premises Liquor Licenses
. . .
5.31.020 - Eligible facilities.
. . .
(b)There are no restrictions on the minimum size of the outdoor sports
and recreational facilities which may be eligible for the approval of an
optional premises license. However, the Local Liquor Licensing Authority
Board of Trustees may consider the size of the particular outdoor sports or
recreational facility in relationship to the number of optional premises
requested for the facility.
Section 4: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
Page 100
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 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 101
Page 102
LOCAL LICENSING AUTHORITY
ESTES PARK, COLORADO
IN RE MATTER OF:
GALEX LLC, d|b|a CHELITOS MEXICAN RESTAURANT
Attn: Erika Santana
145 E. Elkhorn Ave.
P.O. Box 3345
Estes Park, CO 80517
MOTION TO CONTINUE HEARING
COMES NOW, the special prosecutor, and moves the Local Licensing Authority to
continue the hearing set for January 25, 2022. As grounds, the special prosecutor states as
follows:
1. Galex, LLC submitted "Permit Application and Report of Changes" regarding
updated ownership of Chelitos Mexican Restaurant to now include Macario Rojas as70o/o owner
of the LLC, and also change of registered manager to be Macario Rojas.
2. The matter is set for hearing on January 25,2022 at 7:00 p.m.
3. It is anticipated that the Estes Park Board of Trustees will adopt an ordinance at
their regular Board of Trustees meeting on January 25, 2022, delegating specific licensing
authority to the Municipal Judge.
3. In light of that change, the special prosecutor requests this matter be continued to
a date when the matter can be held before the Municipal Judge.
WHEREFORE, the special prosecutor requests the Board of Trustees acting in their
capacity as the Liquor Licensing Authority, continue the matter now pending regarding Chelitos
change of ownership and designation of registered manager, and refer the matter to the
Municipal Judge.
DATED: January 21,2022.
Respectfully submitted,
Special Prosecutor
P.O. Box 253
Longmont, CO 805
#199t3
Page 103
Certificate of Delivery
I hereby certiff that on January 7[ , 2022,I delivered the foregoing
electronic mail or via first class mail, postage prepaid, addressed to:
Galex LLC, dlbla Chelitos Mexican Restaurant
Attn: Erika Santana
P.O. Box 3345
Estes Park, CO 80517
Brian Proffrt
Counsel of Record for Licensee
document via
Page 104
COLORADO ASSOCIATION OF SKI TOWNS
HOUSING TASK FORCE
2022 LEGISLATIVE POSITION STATEMENT ON HOUSING
OVERVIEW: The Colorado Association of Ski Towns (“CAST”) represents the mountain resort communities
throughout Colorado. Colorado’s ski industry generates $4.8 billion in annual economic output, supports
more than 46,000 year-round equivalent jobs, and generates $1.9 billion per year in labor income. (RRC
Associates). The lack of available and attainable housing for employees in Colorado mountain resort
communities has reached a crisis level which is directly impacting the provision of basic services as well as
the ability to adequately staff and operate all businesses, from ski resort companies to locally-based small
businesses. The CAST Housing Task Force supports targeted legislation to provide increased financial
resources for Colorado mountain communities to address housing needs.
LODGING TAXES: CAST supports broadening the use of local marketing district and lodging tax revenues
by statutory counties and municipalities to include expenditures for local workforce housing purposes.
SHORT-TERM RENTALS: CAST supports legislation to specifically authorize statutory counties and
municipalities to refer Short Term Rental taxes to the voters with the proceeds of such revenues to be
dedicated to local workforce housing and associated public infrastructure improvements.
INCREASE AMI THRESHOLDS FOR STATE AND FEDERAL FUNDING: CAST supports legislation that
would increase AMI thresholds for state and federal funding for local workforce housing purposes up to
150% for rental housing and 200% for ownership housing. Programs offered by state and federal agencies
have historically had AMI limits at or around 80%, yet much of the acute need for affordable housing, both
rental and ownership, exists for households well beyond 80% AMI. This is hugely important in mountain
communities where, for example, free market housing can be unaffordable even to a workforce making
over 150% AMI. According to the 2021 Mountain Migration Report, most households earning up to 200%
AMI struggle to afford homes in CAST communities.
AMEND TABOR TO AUTHORIZE RETT: CAST supports legislation which would refer a constitutional
amendment to Colorado voters to authorize Real Estate Transfer Taxes (RETT) with a limitation that the
revenues from such RETT would be dedicated for local workforce housing purposes. The TABOR
constitutional amendment in 1992 prohibited any new or increased RETTs. RETT has been demonstrated
to be a valuable revenue generator, especially during periods of extreme price escalation and property
speculation. A constitutional amendment would only authorize local county and municipal jurisdictions to
refer a RETT question to local voters. Any amendment is not intended to effect, impact, reduce or alter any
existing RETTs in Colorado.
CONTACT INFORMATION: For more information please contact, Margaret Bowes, Executive Director, Colorado Association of Ski Towns, (970) 389-4347, mbowes@coskitowns.com; or Eric Heil, CAST
Housing Task Force Chairperson, (303) 518-4678.
Page 105
Page 106
UTILITIES Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Joe Lockhart, Line Superintendent; Tyler Boles, Line Crew Supervisor;
Sarah Clark, AMI Coordinator
Date: January 25, 2022
RE: Power Lines and Fire Mitigation
Objective:
We will report on the electric system’s fire risks and current mitigation measures.
Present Situation:
The 2021 Kruger Rock fire has heightened customer awareness of the fire risk
associated with the electric system. Only a handful of people are familiar with Power
and Communication’s work to improve our system, reduce risks related to fires, and
improve reliability.
The entire Power and Communications team lives in the communities we serve. They
are personally aware of the fire risks on our infrastructure and from our infrastructure.
Our team fosters a culture of open communication that encourages new ideas and
constructive criticism to continuously improve our operations, including how to reduce
fire risks.
Our current highest risk factor is the extreme wind seen across our service area. Wind
causes trees to fall on the powerlines and break poles. In addition to causing power
outages, these energized downed lines are a potential ignition source for wildfires.
For the past six years, Power and Communications has completed extensive capital
improvement projects aimed at the highest risk areas of our infrastructure. We replace
bare overhead conductors with covered conductors.
In December, staff met with Chief Wolf at the Estes Valley Fire Protection District to
discuss ways to achieve more by working collaboratively on mitigation efforts.
Proposal:
N/A – report only
Advantages:
N/A
Page 107
Disadvantages:
N/A
Action Recommended:
N/A
Finance/Resource Impact:
No changes from the approved budget
Level of Public Interest
Public interest is very high based on the number of calls and emails, especially after the
Kruger Rock and Marshall Fires.
Attachments:
1.Power Lines and Fire Mitigation Report presentation
Page 108
1/19/2022
Power Lines and Fire Mitigation Report
•Overview of Risks
•Overview of
Mitigation Projects
•Red Flag
Operations
•Overview of
Capital
Improvements
Overview of Risks
Wind is highest risk-factor
- Causes trees to fall on
lines/break poles
- Causes excessive/extensive
wear on equipment
High winds occurring
before ground freezes -
greater occurrence of tree
and root ball falling over
rather than tree snapping
higher up
Attachment 1
Page 109
1/19/2022
Overview of Mitigation
Prioritizing
Work
•Tree trimming
•Maintenance
•Tree-cable
Overview of Mitigation
Feet of Tree Cable
Trip Savers Installed
Overhead Fuses
Page 110
1/19/2022
Red Flag Operations
New Operating
Procedures
•Red-flag Warnings
Technology supports
situational awareness
and activation of red
flag procedures.
We keep up with best
practices,
March 2021:
Colorado Utility
Wildfire Summit
Link to Fire Mitigation page
Red Flag Operations
Our Operational
Practices have been
reviewed by the Fire
District and include:
Situational Awareness
Operating Procedures
Red Flag Instructions
Job Briefings
On Dec 15th we met
with the Fire District.
We can do more by
working
collaboratively on
mitigation efforts.
Page 111
1/19/2022
Overview of Capital Improvements
$3,098,121 over 5 years invested in rebuilding power lines to
reduce risk of fires, outage frequency and their duration.
Conclusion
•How to report non-
outage issues or
concerns
•Call 970-586-5335
(staffed 24/7)
•Email
electrictrouble@estes.org
Questions?
Page 112
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
Thomas Chapel
For Against Neutral
Power Line and Fire Mitigation.
If you do not see the Agenda Item Title please email public comment to townclerk@estes.org.
Files are limited to PDF or JPG.
25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting.
PUBLIC COMMNET RECEIVED BY 2022-01-21
Page 113
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.
I have read the “Power Lines and Fire Mitigation” report to be presented to the
Board on January 25, 2022. The report acknowledges public concern and the very
real danger posed to life and property by the combination of wind, drought, large
trees, and an overhead power supply system. The report discusses the escalating
costs associated with upgrading and maintaining the overhead electrical grid. What
it fails to address is a true solution to the problem: placing existing overhead utilities
underground! Is this an expensive proposition? Undoubtedly! But how expensive in
comparison with on-going maintenance of an aging system? Not to mention the
potential cost in lives and safety, such as we recently witnessed near Boulder. The
conclusion seems to be that we will continue to throw good money after bad
because “that’s the way we’ve always done it”. Now is a time when federal
infrastructure funding is perhaps more available than ever before; this option needs
to be properly addressed.
Page 114