HomeMy WebLinkAboutPACKET Town Board 2022-07-12The 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, July 12, 2022
7:00 p.m.
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Tuesday, July 12, 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, 3.12, AND 3.13.
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. Policy 3.3, 3.12 and 3.13 are
reported on each July.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated June 28, 2022 and Town Board Study Session Minutes
dated June 28, 2022.
3. Comprehensive Plan Advisory Committee Minutes dated June 9, 2022
(acknowledgment only).
Prepared 07-01-2022
*Revised 07-08-2022
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. Estes Park Planning Commission Minutes dated April 19, 2022 (acknowledgment
only).
5. Parks Advisory Board Minutes dated May 19, 2022 (acknowledgement only).
6. Transportation Advisory Board Minutes dated May 18, 2022 (acknowledgement only).
7. Consider the Donation and Installation of Wildfire Educational Signs.
8. Consider the Addition of the Space Force Plaque and Laverne R. Mertz Plaque to the
Veterans Monument Park.
9. Resolution 54-22 Intergovernmental Agreement for State of Colorado Senate Bill 267
Grant Funding to Redesign the Visitor Center Parking Lot with CDOT, $250,000 -
Budgeted. (CDOT PO #491002882).
10. Appointments to the Parks Advisory Board:
• Elizabeth Kostiuk to fulfill the remainder of Rex Poggenpohl’s term expiring
December 31, 2022.
• Donovan Colegrove to fulfill the remainder of Kirby Hazelton’s term expiring
December 31, 2023.
11. Acceptance of Town Administrator Policy Governance Monitoring Report.
12. Resolution 58-22 Agreement for Police Canine Transfer of Ownership and Waiver and
Release with the City of Greeley.
LIQUOR ITEMS:
1. RESOLUTION 55-22 TRANSFER OF A HOTEL AND RESTAURANT LIQUOR
LICENSE FROM URIBE, LLC DBA EL MEX-KAL TO APOLUNA LLC DBA EL MEX-
KAL, 160 1ST STREET, ESTES PARK, CO 80517. Town Clerk Williamson.
To consider the transfer of the current liquor license to the new business owner to
allow them to continue the sale of alcohol at the location.
2. RESOLUTION 56-22 TRANSFER OF A LODGING AND ENTERTAINMENT LIQUOR
LICENSE FROM BOWL FORT COLLINS LLC DBA CHIPPERS ESTES PARK
LANES TO EP LANES LLC DBA THE BULL PIN, 555 S. ST. VRAIN AVENUE,
ESTES PARK, CO 80517. Town Clerk Williamson.
To consider the transfer of the current liquor license to the new business owner to
allow them to continue the sale of alcohol at the location.
3. RESOLUTION 57-22 TRANSFER OF A LODGING AND ENTERTAINMENT LIQUOR
LICENSE FROM CS & CS LLC DBA COFFEE ON THE ROCKS TO CS & MS INC.
DBA COFFEE ON THE ROCKS, 510 MORAINE AVENUE, ESTES PARK, CO
80517. Town Clerk Williamson.
To consider the transfer of the current liquor license to the new business owner to
allow them to continue the sale of alcohol at the location.
ACTION ITEMS:
1. ORDINANCE 08-22 AMENDING CHAPTER 10.04 OF THE ESTES PARK
MUNICIPAL CODE REGARDING THE MODEL TRAFFIC CODE FOR COLORADO,
REVISED 2020. Interim Captain Polucha.
To consider adopting the Revised 2020 Model Traffic Code, by reference, as required
by State Statutes 31-16-202 and 31-16-203.
2. ORDINANCE 10-22 AMENDING CHAPTER 5.20 OF THE ESTES PARK MUNICIPAL
CODE PROHIBITING THE USE OF SOLID FUEL BURNING EXTERIOR
APPLIANCES ON VACATION HOME AND BED AND BREAKFAST INN
PROPERTIES. Town Clerk Williamson.
ADJOURN.
*
Town Administrator’s Office Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: July 12, 2022
RE: Policy Governance Monitoring Report – Policies 3.3, 3.12, and 3.13
(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. In July of each year the Town
Administrator is required to report on Policies 3.3 (Financial Planning and Budgeting),
3.12 (Internal Operating Procedures), and 3.13 (Town Organizational Plan).
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.”
Policy 3.12 states:
“With respect to internal operating procedures, the Town Administrator will
ensure that the Town has internal procedures to promote effective and efficient
Town operations.”
Policy 3.13 states:
“With respect to internal organizational structure of the Town, the Town
Administrator will maintain a current organizational plan (organizational chart) of
the Town, in a graphical format including through the division level. The Town
Administrator will update the plan annually. The current plan shall be included in
the Comprehensive Annual Financial Report each year, and presented to the
Board of Trustees at the first regular meeting following the certification of the
results of each biennial election.”
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
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. Annual Comprehensive Financial Report (ACFR)
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:
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, the uncertainty of its impacts on long-term
visitation trends, and current trends in inflation and gas prices 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.
Report: I report compliance. Revenue projections continue to be impacted by the
uncertainty created by COVID-19, inflation, and gas prices. 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 ACFR shows a General-Fund fund balance of 25% or greater,
unless otherwise approved by the Board.
• 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 2021 ACFR shows an 86.7% General-Fund fund balance at the end of
2021.
2. The 2022 budget, as amended, 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 ACFR 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 2021 ACFR shows an 86.7% General-Fund fund balance at the end of
2021.
2. The 2022 budget, as amended, anticipates a 34.7% General-Fund fund
balance at the end of 2022.
3. Current cash and investment reserves are reported to the Board on a
monthly basis, as required by Board Policy 670.
4. The Town’s budget contingency plan is established in Policy 670 (Section
3.b).
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 2021 Audit has been completed and the ACFR prepared and
submitted to the State of Colorado with an unqualified and unmodified
opinion from the Board’s auditors.
Report: I report compliance.
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 2021 ACFR shows an 86.7% General-Fund fund balance at the end of
2021.
2. Our current (December 31, 2021) bond-coverage ratio for Power and
Communications (359%) exceeds the required ratio of 125%.
3. Our current (December 31, 2021) bond-coverage ratio for Water (580%)
exceeds the required ratio of 110%.
Report: I report compliance.
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.
Policy 3.12: With respect to internal operating procedures, the Town Administrator will
ensure that the Town has internal procedures to promote effective and efficient Town
operations.
Status: Compliance
Interpretation: I interpret this to mean that I maintain up-to-date internal policies
and procedures that control the day-to-day operations of the Town. These policies
are updated when necessary to reflect changing conditions and governing laws.
Compliance with the policy will be achieved when: No issues arise that go
unaddressed by internal policies and procedures and the Town is not put at risk
legally or financially due to the lack of adequate policies or procedures guiding
our actions.
Evidence:
1. Town policies and procedures are up-to-date and available to all
employees on iTown.
2. Policies are reviewed on a regularly scheduled basis to ensure they remain
current and effective.
Report: I report compliance.
Policy 3.13: With respect to internal organizational structure of the Town, the Town
Administrator will maintain a current organizational plan (organizational chart) of the
Town, in a graphical format including through the division level. The Town Administrator
will update the plan annually. The current plan shall be included in the Comprehensive
Annual Financial Report each year, and presented to the Board of Trustees at the first
regular meeting following the certification of the results of each biennial election.
Status: Compliance
Interpretation: I interpret this to mean that I maintain a current organizational
chart that is included in the ACFR and presented to the Town Board after the
certification of the results of each biennial Town election.
Compliance with the policy will be achieved when:
• The organizational chart is printed in the ACFR.
• The organizational chart is presented to the Town Board at the first regular
meeting following the certification of the results of each biennial Town
election.
Evidence:
1. The organizational chart was published as part of the 2021 ACFR.
2. The organizational chart was presented to the Town Board at the first
regular meeting following the certification of the results of the last
biennial Town election (April 26, 2022).
Report: I report compliance.
Town of Estes Park, Larimer County, Colorado, June 28, 2022
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 28th day of June, 2022.
Present: Wendy Koenig, Mayor
Scott Webermeier, Mayor Pro Tem
Trustees Marie Cenac
Kirby Hazelton
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator,
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Bunny Victoria Beers, Deputy Town Clerk
Absent: Trustee Barbara MacAlpine
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
Trustee Cenac recognized the untimely passing of John “Cowboy” Jaros, Glen Haven
resident, Assistant Fire Chief for the Glen Have Fire Department, and local business
owner. A moment of silence was held in his honor.
AGENDA APPROVAL.
It was moved and seconded (Webermeier/Hazelton) to approve the Agenda as
presented, and it passed unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
LODGING TAX EXPLORATION TASK FORCE LIAISON UPDATE. Bill Brown, Estes
Park Lodging Tax Exploration Project Manager stated the Task Force adopted a
resolution which highlighted clear and transparent communication, thorough planning,
and preparation for election success to address workforce housing and childcare needs.
He stated public comments received included: Concerns regarding inflation, a possible
recession, raising funds without establishing spending in advance and lack of support
from the vacation rental community without a reconsideration of the Vacation Home
Workforce Housing Regulatory Linkage Fee, and a desire for more fair funding
alternatives. Deborah Gibson, Visit Estes Park (VEP) Chair reviewed a summary of the
Lodging Task Extension and impacts to the community which included: How the tax
extension is funded; gauged support levels; whether other communities have
implemented or increased lodging tax in Colorado; the Task Force approved tax increase
from 2% to 5.5%; and next steps including determining administration of the funds and
presentation of the Final Report to the Board of Trustees, Larimer County Commissioners
and VEP Board.
Trustee comments have been summarized: The Rooftop Rodeo festivities begin July 6,
2022 which would not include a parade; the Estes Valley Amateur Radio Club 2022
National Field Day event took place at the observatory; the Mayor gave a welcoming
address at the Pride in the Park event; the FAB met and discussed updates to the
Community Resource Guide and voiced concerns for displaced residents/workforce with
the sale of apartment buildings in Town; the PAB reviewed a presentation to expand the
Veteran’s Monument to include a Space Force plaque as well as an additional plaque
honoring Vern Mertz, the visionary of the monument; the Restorative Justice Community
Group Conference program was commended; the Estes Park EDC B.A.S.E. Program
would be accepting applications through July 6, 2022; the Estes Park Non-Profit
Resource Center would hold Filmanthropy Monday movie events throughout the summer
at Performance Park and the community was encouraged to attend; and members of the
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Board of Trustees – June 28, 2022 – Page 2
Board and public were encouraged to attend a tour of the Water Treatment Plants in Estes
Park.
TOWN ADMINISTRATOR REPORT.
None.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated June 14, 2022, Town Board Study Session Minutes
dated June 14, 2022 and Town Board Strategic Planning Study Session Minutes
dated June 13, 2022.
3. Comprehensive Plan Advisory Committee Minutes dated May 26, 2022
(acknowledgment only).
4. Family Advisory Board Minutes dated December 2, 2021 and May 5, 2022
(acknowledgment only).
5. Resolution 51-22 Contract Amendment #2 for Fall River Trail Construction for the
Colorado Parks and Wildlife, Colorado the Beautiful Grant Agreement.
6. To Consider the Acceptance of the Art in Public Places Sculpture Donation –
Forest Gnome for the Sensory Garden at George Hix Riverside Plaza.
7. Appointment of Aleta Kazadi to the Family Advisory Board to fulfil the remainder
of John Bryant’s term expiring April 15, 2023.
8. Resolution 52-22 Bill Agreement with Larimer County Road and Bridge
Department for Street Improvements on Town-Owned Roads, $162,509 –
Budgeted.
It was moved and seconded (Webermeier/Younglund) to approve the Consent
Agenda, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) UPDATE. Town
Administrator Machalek introduced Kimberly Culp, LETA CEO who provided an
update of services. LETA was formed through an intergovernmental agreement with
30 government partners. LETA’s primary responsibilities include the operation of six
9-1-1 centers including one backup site, administration of the 9-1-1 network and
routing, equipment, and program services. Funding parameters are set in State
Statute and the LETA Board sets the surcharge currently set at $1.10 a month, per
device, per line. She provided a review of the emergency alert system and programs
including: the 9-1-1 Database, ReachWell, Keyword, NOCOAlert, Citizen Opt In,
utilization of various social media outlets for public information, Integrated Public
Alert Warning System (IPAWS), Compact Rapid Deployable (CRD); and a video was
presented showcasing “Eyes Inside”, a program allowing dispatch video capabilities
which would be available in August of 2022. The Board questioned bandwidth
limitations of the CRD during deployment and requested Trailblazer Broadband staff
contact LETA to provide service data to further increase accuracy of the 9-1-1
database for landline and VOIP numbers.
2. PLATTE RIVER POWER AUTHORITY (PRPA) UPDATE. Manager Frisbie
provided a brief history of the PRPA, the Resource Diversification Policy, 2022
Integrated Resource Plan and Clean Energy Plan, Organizational structure updates
and PRPA’s path to proactively work towards a 100% noncarbon resource mix by
2030. PRPA is a not for profit, community-owned public power utility, generating and
delivering safe, reliable, environmentally responsible, and financially sustainable
energy and services to Estes Park, Fort Collins, Longmont and Loveland. PRPA
developed a resource diversification policy in 2018 to set the stage for the resource
transformation. He stated the Clean Energy Plan was approved by the PRPA Board
and the annual expected reductions through 2030 meets the legislative requirement
for a minimum of 80% reduction relative to 2005 levels. He stated Distributed Energy
Resources (DERs) are physical or virtual devices or systems which can be deployed
on the electric distribution system or customer premises and are used to provide
value to all customers through electric system optimization or individual customer
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Board of Trustees – June 28, 2022 – Page 3
benefits. He stated the community could assist PRPA in reaching clean energy goals
through collaboration, the addition of diverse resources to offset dark calm events,
and engaging in strategic plans. The Board requested more information on solar
benefits and any issues related to the integration of large numbers of solar
components. Manager Frisbie encouraged open communication to work together
toward the projected goals.
ACTION ITEMS:
1. ORDINANCE 09-22 AMENDING CHAPTER 12.20 OF THE ESTES PARK
MUNICIPAL CODE ON STREETS AND SIDEWALKS. Mayor Koenig opened the
public hearing and Director Muhonen provided an overview of the proposed
amendments to the code. During the Town Board Study Session on August 24,
2021, staff discussed the need to amend the code to establish a more efficient and
comprehensible process for completing sidewalk, curb, and cutter reconstruction
and maintenance in public street rights of way. Although the Board expressed
interest in creating a new collaborative process combining the Town’s project
management resources with private property funds to complete concrete repairs
annually in a cost effective and timely fashion, staff recommended simplifying the
process. He reviewed the proposal which would clarify private property owner
obligations to maintain public curb, gutter, and sidewalk in the adjacent public right
of way. The proposal also empowers the Town Engineer to identify needed repairs
and require adjacent property owners to complete the repairs. Property owners
would be given a minimum of 60-days to complete repairs with the Town Engineer
discretion to allow more time to fix issues. The staff recommendation addresses
staffing limitations and the inability to allocate resources to other options. Staff
recommended adoption of Ordinance 09-22. A question was raised regarding
properties which have had no curb or gutter to which staff responded the ordinance
would not enable existing neighborhoods to create new curb and gutter. Mayor
Koenig closed the public hearing and it was moved and seconded
(Younglund/Webermeier) to approve Ordinance 09-22, and it passed unanimously.
2. RESOLUTION 53-22 AMENDING RESOLUTION 81-21 AND PROPOSED
UPDATES TO PUBLIC WORKS POLICY 842 – PARKING PERMITS. Manager
Solesbee reviewed the proposed updates to Public Works Policy 842 regarding
parking. Resolution 81-21 established the 2022 seasonal paid parking and parking
permit fees and was amended in April of 2022. Since the amendment, staff gathered
stakeholder feedback on a new permit type, the Express Pass. Manager Solesbee
stated the development of the Express Pass was a collaborative effort through
discussions with the Estes Chamber of Commerce, the Downtown Parking Task
Force, and the Transportation Advisory Board. The Express Pass would allow a pre-
purchased parking permit offering a flat rate for one ($12), two ($22) or three ($30)
days of parking in any of the Town’s eight seasonal paid parking areas during the
paid parking season. She stated the permit would be for consecutive days, would
not be valid for overnight parking, does not guarantee a parking space, and would
not be available during high-demand holidays. No refunds would be issued if a
permit was purchased, and all paid parking was full at the time of visitation. The
permit type would be targeted toward day-trippers, short-term visitors, and frequent
visitors who are ineligible for a local 60-minute permit and would utilize the existing
mobile parking application. Benefits of the pass include a reduction in load on mobile
app, advance purchase opportunity, and would expedite the parking experience for
users. Staff recommended approval of the Express Pass pilot program during the
2022 paid parking season. The pilot program would allow staff to collect data on the
need and use of the permit for re-evaluation taking into consideration any unintended
consequences from the permit. It was moved and seconded (Hazelton/Younglund)
to approve Resolution 53-22, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 9:21 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado, June 28, 2022
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said
Town of Estes Park on the 28th day of June, 2022.
Board: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine,
Martchink, Webermeier and Younglund
Attending: Mayor Koenig, Trustees Cenac, Hazelton, Martchink,
Webermeier and Younglund
Also Attending: Town Administrator Machalek, Assistant Town
Administrator Damweber, Attorney Kramer, Town Clerk
Williamson
Absent: Trustee MacAlpine
Mayor Koenig called the meeting to order at 5:15 p.m.
ESTES VALLEY FIRE PROTECTION DISTRICT SALES TAX PERCENTAGE.
Chief Wolf provided a brief overview of the formation of the district in 2009 and the
current funding structure, including 7% of the Town sales tax collection excluding 1A
sales tax (50% of District revenue) and 1.958 mill levy on properties within the district.
He stated increase in sales tax revenues over the year have provided the district the
ability to modernize equipment, add positions, and build reserves. Over the years there
has been an increase in demands for service with call volume increasing by 29%. The
district strategic planning and objectives would increase services to better protect lives
and property, adapt and evolve services, maintain balance between revenue sources,
decrease wildland fire risk, improve fire prevention, and improve operational readiness
and response. To accomplish the objectives the district proposes an increase in sales
tax of 10% and an increase to 5 mills to generate an additional $1.7 million for a total of
3.9 million.
Board questions and comments have been summarized: questioned what additional
items/services would be included with the increased revenue; what mill levy would
generate the full $1.7 million increase proposed by the District; town businesses stated
concerns with a property tax inside town limits in 2009 because of the increased impact
on commercial properties; what would the impact be on the Town’s budget; questioned
if renovations would be needed at the fire station; could there be collaboration to assist
with grant resources to fund the District; questioned if the proposed Emergency
Manager position discussed at the strategic planning could be filled by the District;
commented the increase in sales tax would be a significant impact to the Town; and an
increase to the mill levy to 6.5% would be supported by the voters.
Chief Wolf commented a 4.5% increase to the current mill levy and a sales tax of 7%
would fund the proposed increase. He stated a survey of the community would be
conducted to understand the level of support to fund the mill levy increase and to
educate the community on the district’s long-range plan. Fire reduction efforts
throughout the valley to create a mosaic and healthy forest environment would require
the cooperation of private property owners making the effort more difficult than efforts
on federal property, such as the adjacent National Park and Forest areas. Grants have
not been applied for due to the lack of staff to manage the grants.
Town Administrator Machalek stated the impact to the Town’s budget would be an
overall decrease in funds available for Town functions. He further stated the additional
$500,000 would increase overtime as sales tax revenues increase.
The Board consensus was to discuss the request further during the budget process.
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Town Board Study Session – June 28, 2022– Page 2
LARIMER COUNTY REGIONAL TRANSPORTATION PLANNING.
Laurie Kadrich/Larimer County Community Planning, Infrastructure and Resources
Director stated the county brought forward a sales tax ballot measure in 2019 that did
not pass due to issues such as bundling the request with other county facilities and
engaging broad discussions with the elected bodies of the county. The City/Managers of
the communities in Larimer County have expressed support in discussing regional
transportation solutions, therefore, meetings would be held with each elected board to
understand the importance to their communities, interest in addressing solutions, and
garnering support for renewed efforts. A regional travel snapshot conducted by the
county consultant was reviewed outlining countywide travel patterns into and out of the
community, and to other counties. A review of the current transportation funding,
including $5 billion in state funding, $50 million over 10 years from the Highway User
Trust Fund, and $1.2 trillion over 10 years in federal funds. Funding challenges exist
due to an increase in construction costs, grant heavy opportunities, and local match
requirements, a shift to focus on multimodal and transit projects reducing the funding for
capacity projects. There continues to be a need to identify the right mix of projects that
work for all communities, resonate with the public, and have the involvement of the local
municipalities. The board engaged in an interactive poll to provide the county with
important feedback on how transportation fits into the communities strategic planning,
needs and interest in partnering with the county and other communities.
Board comments and questions were summarized: workforce housing and childcare are
of higher priority to the community at this time; the Board needs to determine where
Town funds are applied to address immediate needs; questioned what are the must
haves; and the Town has a number of competing priorities, however, it would be short-
sited of the Town to not be involved in and engaged in the discussions.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek recommended a separate study session closer to the
budget process to discuss the Fire District’s funding request.
The Board agreed to add a discussion on the Town’s Classification and Compensation
discussion including current trends to the July 12 study session.
There being no further business, Mayor Koenig adjourned the meeting at 6:42 p.m.
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado, June 9, 2022
Minutes of a meeting of the Comprehensive Plan Advisory Committee of
the Town of Estes Park. Meeting held in the ESTES VALLEY FIRE
DEPARTMENT, 901 N. St. Vrain Avenue, in said Town of Estes Park on
June 9, 2022.
Committee: Chair Matthew Heiser, Vice-Chair Bob Leavitt, Members
David Bangs, Charles Cooper, Eric Blackhurst, John
Schnipkoweit, Frank Theis, Karen Thompson, Rose Truman,
David Wolf, David Shirk, Matt Comstock
Also Attending: Community Development Director Jessica Garner,
Recording Secretary Karin Swanlund
Absent: Trustee MacAlpine, Members Bangs, Theis, Truman,
Comstock
Chair Heiser called the meeting to order at 9:00 a.m.
APPROVAL OF MINUTES from May 26, 2022
The motion passed with a visual thumbs-up vote.
PUBLIC COMMENT.
None
DISCUSSION: (for full comments, view the meeting recording at engageestes.org)
The summary of comments on Community Choices was distributed to the CompPac
before this meeting. Director Garner asked for comments on the engagement campaign.
It was stated that generally speaking, we seem to be on the right track. The consultants
will begin putting the four components into document form. Garner noted that community
engagement can be difficult and that it is hard for citizens to think 20 years ahead. The
fact that people liked all of the ideas will make it challenging to prioritize goals. Not
surprisingly, housing is probably the most significant issue out there. Considerable
discussion was had on housing and what to do about it. There is a new Housing
Assessment Plan just getting underway by Root Policy. This study will work hand in hand
with the Comp Plan and the Strategic Plan. There will not be a specific policy direction
for annexation in the Comp Plan, but most likely will be in the Development Code rewrite.
It was noted that if we don’t react sooner and move faster, we will get farther behind and
that if there is no one to implement and take responsibility for the plan, it can become
insignificant. The Estes Valley Planning Advisory Committee will continue to participate
in the discussion and process of the Comp Plan.
Director Garner stressed that the Comp Plan will not answer the questions; it will lay out
the framework for addressing the issues.
Director Garner summarized the role of the Comprehensive Plan Advisory Committee
according to the bylaws:
1) Serve as advisors by giving overall guidance
2) Consider issues and make recommendations
3) Be a link to the community
4) Maintain compliance with applicable standards and requirements
OTHER:
The next meeting, on June 23, will be a joint meeting with the EVPAC and conducted
virtually on ZOOM. The first copy of the draft will be discussed and reviewed.
There being no further business, Chair Heiser adjourned the meeting at 10:30 a.m.
Karin Swanlund, Recording Secretary
Town of Estes Park, Larimer County, Colorado, April 19, 2022
Minutes of a Regular meeting of the ESTES PARK PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held VIRTUALLY in said Town of Estes Park on the 19 day of April
2022.
Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson, Janene
Centurione.
Attending: Vice-Chair Heiser, Commissioner Centurione, Commissioner
Elkins, Commissioner Hanson, Director Jessica Garner,
Senior Planner Jeff Woeber, Planner II Alex Bergeron,
Planning Technician LJ Baur, Recording Secretary Karin
Swanlund, Town Attorney Dan Kramer, Town Board Liaison
Barbara MacAlpine
Absent: Chair Comstock
Vice-Chair Heiser called the meeting to order at 1:30 p.m.
AGENDA APPROVAL
It was moved and seconded (Centurione/Hanson) to approve the agenda. The
motion passed 3-0. Commissioner Elkins was not available.
PUBLIC COMMENT none
CONSENT AGENDA APPROVAL
It was moved and seconded (Hanson/Centurione) to approve the consent agenda.
The motion passed 3-0. Commissioner Elkins was not available.
ACTION ITEMS
1. Raven Rock Development Plan Planner II Bergeron
Planner Bergeron reviewed the staff report and the history behind the Raven Rock
Development Plan. This proposal includes 38 townhomes that present as duplexes
(19 buildings), spread over approximately 10 acres and zoned Accommodations (A).
The units are to be sold as residential dwellings to individual owners. The owners
would be able to use their properties as short-term rentals. The townhomes and out
lots contained therein are platted and recognized by Larimer County and the Town of
Estes Park. Staff recommended approval of the development plan.
DISCUSSION:
Vice-Chair Heiser asked about the easements on the plotted lots.
Owner/Applicant James Mackey was available for questions and presented a short
slide show explaining the background and current plans for Raven Rock.
PUBLIC COMMENT:
Bob Shafer, 508 Promontory Drive, expressed concern with traffic. The traffic study
was done in February, which is very different from a summer month.
Sherry Flannery, 565 Lakewood Court, asked if dark sky lighting would be enforced
with the development.
Rick James, 305 Kiowa Drive, asked if a crosswalk would be installed to access Mary's
Lake.
Kevin Conrad, 2240 Arapaho Road, had concerns about the outflow from detention
ponds which will flow into the Arapaho Meadows subdivision.
Michael Keilty, 2441 Arapaho Road, stated that drainage flow drains into his property
from the proposed development plan. Trespassing is another concern.
Claire Ray, 2461 Arapaho Road, expressed the same concerns as Michael Keilty.
Planning Commission – April 19, 2022 – Page 2
STAFF RESPONSE:
Planner Bergeron confirmed that Dark Sky requirements would be enforced.
Jennifer Waters, Public Works Engineer, stated that the traffic study was done in
February 2022, and no other traffic elements were needed. The traffic study did not
predict much pedestrian traffic, but Public Works could have further discussion on
installing a crosswalk. She also noted that any land disturbance would need to be
accompanied by storm drainage best practices.
Joe Coop, Van Horn Engineering, spoke on the drainage issues. The drainage swell
is part of phase one, and a detention pond on the north will collect most rainfall during
large storms, thus helping the Arapaho Meadows subdivision with heavy storm runoff.
It was moved and seconded (Heiser/Centurione) to recommend approval of the
development plan in accordance with the findings as presented. The motion
passed 4-0.
DISCUSSION ITEMS
1. Senior Planner Woeber reviewed the Stanley Home Museum annual review. As
a part of the Board of Trustees' request for a Special Review Use (S2) Application
filed by the Historic Stanley Home Foundation for the property addressed 415
Wonderview Avenue on a parcel zoned E-1 (Estate), the operation was subject to
13 conditions. Condition 13 stated that "an initial annual review shall be given to
the Planning Commission after one year of operation." The submitted report
outlined the other 12 conditions.
RJ Lara, Executive Director of the Stanley Home Museum and Education Center,
was available for questions and highlighted the compliance with the conditions.
One of the main differences is that the tours are restricted to 8 people per tour
instead of the 12 suggested. Conservation talks were initiated, as requested.
2. Planner II Bergeron gave a brief update on CPAW. There has been some
organizational turnover which may affect the timeline. CPAW is looking for a
consultant to help update our Code on landscaping and plant lists. Other Code
elements will likely wait until the post-Comp Plan overhaul.
3. Director Garner discussed having a special study session in May to review and
learn more about the RM-2 Code Amendment or Commissioner training.
Consultants Ayres Associates are not available on the scheduled May 17 meeting
date and have requested a virtual meeting on May 10 at 3:30 p.m. as an alternate.
Heiser stated that he would prefer the training to come first.
4. Discussion on returning to in-person meetings was had. Training will have to take
place for staff and the Commission. Having no projects coming to the Commission
in May, it will likely be June before the first in-person meeting.
5. May 12 will be a community-wide event on Choices for the CompPlan. This will
be bi-lingual and will take place at the Elementary School gym.
There being no further business, Vice-Chair Heiser adjourned the meeting at 3:00 p.m.
_______________________________
Vice-Chair Heiser
Karin Swanlund, Recording Secretary
Town of Estes Park, Larimer County, Colorado, May 19, 2022
Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the
Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal
Building in said Town of Estes Park on the 19th day of May, 2022.
Board: Chair Elliot; Vice-Chair Poggenpohl; Members Berry,
Papineau, and Wilcocks
Attending: Chair Elliot; Vice-Chair Poggenpohl; Members Berry,
Papineau, and Wilcocks; Trustee Younglund; Supervisor
Berg; and Recording Secretary McDonald. Also attending was
Presenter Amanda DeAngelis (NOLA Creative Company)
Absent:
Chair Elliot called the meeting to order at 8:05 a.m.
PUBLIC COMMENT
None.
TRUSTEE LIAISON UPDATES
Trustee Younglund introduced herself as the new Town Board liaison to the PAB, and
members briefly introduced themselves.
APPROVAL OF MINUTES DATED APRIL 21, 2022
It was moved and seconded (Papineau/Berry) to approve the April 21, 2022, meeting
minutes, and the motion passed unanimously.
NOLA CREATIVE COMPANY
Presenter DeAngelis of NOLA Creative Company provided a brief overview of her
personal and professional background, and distributed a sample brochure of a Sculpture
in the Square exhibit, which was produced by her company’s Sculpture on Loan program.
She described the program’s exhibits in Fort Collins, Wellington, Johnstown, and
Windsor; the enthusiastic collaboration she enjoys with fellow artists; and the overall
support for art in most communities. Discussion points included how the artwork is
solicited and its location determined; average space requirements and methods of custom
installation for smaller (2 x 2) and larger (3 x 3) sculptures; the hosting organization’s
function as an art gallery; typical cost for the program (15k for start-up labor and materials;
1,500-2,000 stipend for artist; 15-17k to feature six artwork pieces for one year; minimal
insurance paid by customer); contract coordination; and the general timeline for launching
a program. NOLA would be a private contractor paid through the Art in Public Places
(AIPP) program, and prioritizes working with local artists when possible.
ARBOR DAY RECAP
Supervisor Berg and Vice-Chair Poggenpohl reported that all 350 blue spruce saplings
were given away during the April 21 Arbor Day Tree Giveaway. It was agreed that the
event would continue next year, and that better and heartier trees could be considered.
ARTS MASTER PLAN UPDATES
Vice-Chair Poggenpohl distributed a memo to the PAB regarding possible University of
Colorado Denver support in developing the Arts Master Plan (AMP). A student team,
under faculty direction, could complete the AMP in one or two semesters, with
reimbursement for certain expenses. Member Wilcocks will review this option with the
arts community, which is fully committed to volunteer its time. It was emphasized that the
Town Board has already expressed support for an AMP but needs assurance that staff
would not be responsible for its development; the PAB should be the official liaison to the
AMP’s development until its ultimate adoption, similar to the role of the Transportation
Advisory Board (TAB) in projects it supports and formally recommends in a letter of
support to the Town Board. Further discussion points included the potential for grant
funding this summer; the AMP’s need to define ownership policies and curatorial
Parks Advisory Board – May 19, 2022 – Page 2
responsibilities; the role of the AMP as a tool and guide for the Town and the arts
community; encouraging the public to vocalize support during Public Comment at Town
Board meetings; and the nature of Estes Park primarily as a recreation destination. It was
agreed that the PAB would present and discuss, at its June 16 meeting, how to prepare
the AMP development plan for formal presentation to the Town Board.
PARKS UPDATE
It was moved and seconded (Poggenpohl/Papineau) to approve the chainsaw work
on the stump in the Sensory Garden, and the motion passed unanimously.
OTHER BUSINESS
Trustee Younglund advised that three applications have been received thus far for the
two PAB vacancies.
There being no further business, Chair Elliot adjourned the meeting at 8:59 a.m.
/s/Lani McDonald, Recording Secretary
Town of Estes Park, Larimer County, Colorado, May 18, 2022
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 18th day of May,
2022.
Board: Chair Morris; Vice-Chair Ekeren; Members Bernal, Finley,
Gamble, and Slack
Attending: Chair Morris; Vice-Chair Ekeren; Members Finley, Gamble,
and Slack; Managers Barr, Hook, and Solesbee; Director
Muhonen; Trustee Martchink; and Recording Secretary
McDonald. Also attending were Dana Klein (The Car Park)
and Peter Gibbs (Resident).
Absent: Member Bernal
Chair Morris called the meeting to order at 12:04 p.m.
PUBLIC COMMENT
Resident Gibbs inquired about the status of applications for the TAB’s current vacancies.
Trustee Martchink advised that applicants would be notified by email regarding the
interview process.
TRUSTEE LIAISON UPDATE
Trustee Martchink introduced himself as the new Town Board liaison to the TAB. He
replaces Trustee Bangs and is in the process of reading through past minutes of the TAB.
The Town Board has begun the 2023 strategic planning process, and invites
recommendations and questions.
APPROVAL OF MINUTES DATED APRIL 20, 2022
It was moved and seconded (Slack/Gamble) to approve the April 20, 2022, minutes,
and the motion passed unanimously.
PARKING & TRANSIT UPDATES
Manager Solesbee reported that the paid parking season begins May 27. Improved
signage and additional paystations will be placed next week, parking permits are being
renewed or purchased, and staff is working with IT and Trailblazer to ensure dependable
Wi-Fi access in all paid parking lots. Manager Klein (The Car Park) has secured three
full-time and two part-time staff, and emphasized “ambassadorial-focused” customer
service. The foldable 2022 parking maps were distributed. Discussion points included the
process for monitoring parking lots; the use of zero-dollar, courtesy citations (welcome
note with instructions for how to pay the next time) early in the season; how to
communicate with customers who habitually decline to pay for parking; and the issuing of
an official citation when a customer parks without credentials in a restricted space.
Communication strategies about parking and transit are options-focused and include the
Town’s website and news releases; Visit Estes Park’s (VEP) social media and newsletter;
participation in the Estes Chamber of Commerce’s (ECC) Estes Inspired Tourism
Tradeshow on May 3, and collaboration with the ECC’s lodging members to provide
materials to their guests; being featured on the “Know Before You Go” series on Channel
8 EPTV; translation of print resources into Spanish and the distribution plan for print
resources through the community; and a fun and friendly ad series for the free trolley and
animal-themed parking lots.
Daily summer trolley service also begins May 27, with the remaining five routes in service
on July 1. Bustang and the Rocky Mountain National Park’s (RMNP) Hiker Shuttle resume
service on Memorial Day weekend, with required reservations being handled by those
entities. Other transit updates included communication efforts regarding the closing of the
Visitor Center (VC) parking lot during the Farmers’ Market; pursuance of Federal Transit
Administration (FTA) grant 5339b to cover the 59 percent cost increase for completing
Transportation Advisory Board – May 18, 2022 – Page 2
the trolley facility, which will require a Town Board letter of support; and the receipt of a
Colorado Department of Transportation (CDOT) grant agreement for redesign of the VC
parking lot (SB 267 project), for which the TAB is asked to help prepare the Request for
Proposal (RFP) this fall. Discussion points included the use of staff flaggers to direct
parking for the Farmers’ Market; concerns about turning left from the VC parking lot onto
Big Thompson Avenue; the possibility of expanding bicycle racks and ebike charging
stations; adding bicycle racks to the current parking map; and the importance of
developing the Transit Development Plan (TDP) with a mobility-hub theme.
EXPRESS PASS: UPDATED OPTIONS & DISCUSSION
Manager Solesbee invited Manager Klein to present feedback from the Downtown
Parking Task Force (DPTF) regarding the concept of a pre-purchased “Express Pass”
parking permit. The DPTF’s goals, concerns, and alternatives were discussed. Staff and
The Car Park propose seeking Town Board approval—with a letter of support from the
TAB—to pilot the pass for 2022, allowing time to collect vehicle-behavior data showing
the permit’s impact on both paid parking and the customer experience. It was agreed that
limiting the number of permits during the pilot season could compromise the data needed
to fairly assess its value. TAB indicated support of an Express Pass pilot in 2022 with
data collection and refinement mid-season, if needed. Chair Morris offered to write a letter
of support.
FALL RIVER TRAIL: COLORADO THE BEAUTIFUL GRANT
Manager Hook advised that Manager Barr is pursuing a new job opportunity, with his last
date of Town employment being May 27. Managers Hook and Barr presented the bid set
for the segment of the Fall River Trail (FRT) being funded by the Colorado the Beautiful
(CtB) grant, which features completion of the bus pullouts. There was discussion about
the need for overhead shelters for cyclists and transit vehicles along the trail, and it was
agreed that the future MTP would address this need.
ENGINEERING UPDATES
Manager Hook’s engineering updates included the recruitment planning to fill two
engineer vacancies for Civil Engineer I and II, with modifications to certain requirements;
the upcoming interview for the Grants Specialist position; progress of the Downtown
Wayfinding Plan (DWP) since the April 21 public meeting, which produced valuable
feedback on the initial signage designs from participants, as well as ongoing discussion
between the DWP team and representatives from VEP, the ECC, and the VC; the status
of the two Multimodal Transportation and Mitigation Option Funds (MMOF) grant
applications, which are due June 1; and progress on the West Elkhorn Avenue
improvements.
2023 TAB STRATEGIC PLAN RECOMMENDATIONS
Chair Morris invited discussion on the 2023 TAB Strategic Planning Topics document,
which focuses on extending funding for trail maintenance and expansion; development of
the Multimodal Transportation Master Plan (MTP); and Moraine Avenue improvements.
Discussion points included trail ROW history for Otie’s Trail in the Stanley Heights
neighborhood; prioritizing of the FRT grant and 2023 construction projects; possible
outreach efforts to solicit continued support for the expiring 1A Sales Tax Fund; the
sequence of agency approval for autonomous vehicles to be prioritized in infrastructure
planning; and safety issues at the intersection of Moraine Avenue and Mary’s Lake Road,
which could be addressed in a 2024 Federal Lands Access Program (FLAP) grant
application. The first 2023 strategic planning session was hosted by the Town Board on
May 17, with strong participation by the Environmental Sustainability Task Force (ESTF);
the second session is scheduled for June 13, for which Director Muhonen advised that
the TAB submit its letter of 2023 priorities for consideration.
ENGINEERING & ADMINISTRATION UPDATES
Director Muhonen reported that the Town Board approved the contract for the US 36 and
Community Drive Roundabout, with construction to commence this fall. The project
schedule and cost for the Downtown Estes Loop (DES) will be discussed at the May 24
Town Board Study Session. The Central Federal Lands (CFL) will ask for an increase in
local match funds to secure the additional $3 million in FLAP funds needed for the DES,
and a letter of support from the TAB will be needed following the CFL’s official request.
Transportation Advisory Board – May 18, 2022 – Page 3
OTHER BUSINESS
There being no further business, Chair Morris adjourned the meeting at 2:06pm.
/s/Lani McDonald, Recording Secretary
PUBLIC WORKS DEPT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Greg Muhonen, Public Works Director
Date: July 12, 2022
RE: Consider the Donation and Installation of Wildfire Educational Signs
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Donation
QUASI-JUDICIAL YES NO
Objective:
The Estes Valley Fire Protection District (EVFPD) is donating three educational wildfire
signs to the Town to install at Bond Park and the Visitor Center. The two types of signs
are intended for the education and safety of locals and visitors.
Present Situation:
There are not any wildfire educational signs downtown.
Proposal:
The EVFPD would like for the Town to accept and install three educational wildfire
signs. Two signs will be placed in the Bond Park area: one designed especially for
locals; the other designed especially for visitors. The third sign, designed especially for
visitors, will be placed outside the front door of the Estes Park Visitor Center.
Advantages:
• These signs are provided at no cost to the Town, and any maintenance or
replacement will be covered by the EVPD.
Disadvantages:
• EVFPD requests that the Town’s Parks Division install the signs.
Action Recommended:
Public Works staff and the Parks Advisory Board recommend acceptance of these three
wildfire educational signs to be installed in the summer of 2022.
Finance/Resource Impact:
Budget Impact: Labor time required by the Parks Division to install the signs.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the donation of three wildfire educational signs for
installation at Bond Park and the Estes Park Visitor Center.
Attachments:
1. EVPD Sign Proposal Letter & Installation Plan
2. EP Sign Permit 00598
3. EP Sign Permit 00599
January 4, 2021
From: David Wolf, Fire Chief
Estes Valley Fire Protection District
901 N. Saint Vrain Avenue
Estes Park, CO 80517
Subject: Request to place signs on Town Property
To Whom It May Concern,
In 2021, Estes Valley Fire Protection District was awarded a grant from the International Association of
Fire Chiefs under the Ready, Set, Go! Program. The primary focus of this grant relates to wildfire
education and community preparedness. Recognizing that for the Estes Valley, a significant part of our
fire season population are visitors and guests, it was proposed to improve wildfire education through
strategically placed signs designed for audiences of locals and visitors.
This application is for a total of four signs to be placed around Town.
-Bond Park
-1x Local Sign and 1x Visitor Sign
-Southeast corner within planter boundaries
-Visitor Center
-1x Visitor Sign
-Northwest corner within grass
-Benbrook Plaza
-1x Local Sign
-Exact location to be determined by property owner
The signs are the NPS style cantilever, consistent with the National Park and other signs installed by the
Town of Estes Park. These locations were chosen to capitalize on high foot traffic of the target audiences.
The signs are to highlight the greatest risk for locals and tourists and how they can take action to be
prepared – both to prevent a wildfire and respond should one occur. On the later pages are examples of
the signs and proposed locations.
I have already coordinated the locations with staff from the Town. It would be requested for the Town of
Estes Park Parks Department install the sign so they could be consistent with other installations in Town.
The Fire District would be responsible for maintenance or replacement if a sign was damaged or worn.
The graphic can be replaced and updated if required without removal of the sign.
Please contact me with any additional questions about this application.
Respectfully submitted,
David Wolf
Attachment 1
Visitor Sign:
Local Sign:
Proposed Location: Bond Park – 1x Visitor and 1x Local
Proposed Location: Visitor Center – 1x Visitor
Proposed Location: Benbrook Plaza (three options) – 1x Local
NPS STYLE CANTILIVER PEDESTAL
Part #: NPS-C45 and NPS-C30
SIDE FRONT
DRAIN HOLES
distance determined
by size of panels
Removable Edge
45˚30˚
2”4”
4”
45 Degrees
30 Degrees 9/16” Thru Hole
For 1/2” Rebar
• Powder Coated Aluminum
• Custom Sizes and Colors Available
.75”
.75”
Maximum thickness of graphic is 1/8 inch
58”
170 MacGregor Ave Suite 230, Estes Park, CO 80517
Estes Park
(970) 577-3726 Fax (970) 586-0249
Sign
21-EP-00598
Property Owner: Town Of Estes Park
Mailing Address: 225 E Elkhorn Ave
Phone:(970) 586-5331
Email:info@estes.org
Estes Park, CO 80517
Date Issued:06/28/2022
Expiration Date:12/25/2022
Job Site Address:225 E Elkhorn Ave, Estes Park, CO
80517
Category:Miscellaneous
Permit Type:Sign
Valuation:$2,500.00
Description of Work:
Sign
Block:
Parcel ID:
Subdivision:
Filing:
Lot:
Required Setbacks:
Actual Setbacks:
Total Sq Ft:
Contractors:Fee Items Amount
Building Permit Fees (manual)$84.13
Total Fees:$84.13
NOTICE
MUST BE POSTED ON JOB SITE
Signature of Applicant/Date
6/28/2022
Building Department Signature/Date
Attachment 2
170 MacGregor Ave Suite 230, Estes Park, CO 80517
Estes Park
(970) 577-3726 Fax (970) 586-0249
Sign
21-EP-00599
Property Owner: Town Of Estes Park
Mailing Address: 500 Big Thompson Avenue
Phone:(970) 586-5331
Email:info@estes.org
Estes Park, CO 80517
Date Issued:06/28/2022
Expiration Date:12/25/2022
Job Site Address:500 Big Thompson Avenue, Estes Park,
CO 80517
Category:Miscellaneous
Permit Type:Sign
Valuation:$2,500.00
Description of Work:
sign
Block:
Parcel ID:
Subdivision:
Filing:
Lot:
Required Setbacks:
Actual Setbacks:
Total Sq Ft:
Contractors:Fee Items Amount
Building Permit Fees (manual)$84.13
Total Fees:$84.13
NOTICE
MUST BE POSTED ON JOB SITE
Signature of Applicant/Date
6/28/2022
Building Department Signature/Date
Attachment 3
PUBLIC WORKS DEPT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Greg Muhonen, Public Works Director
Date: July 12, 2022
RE: Consider the Addition of the Space Force Plaque and Laverne R. Mertz
Plaque to the Veterans Monument Park
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approve two additional plaques in Veterans Monument Park recommended by the
Estes Park Veterans Monument Committee.
Present Situation:
Currently there is no marker in Veterans Monument Park honoring the new branch of
the military created in December 2019. While Laverne Mertz is identified on the VMC
plaque, he does not have a plaque of his own.
Proposal:
Add two new boulders to the Veterans Monument and affix two plaques. One plaque will
honor the United States Space Force among the other official branches of the military.
The other plaque will honor Veterans Monument visionary and founder Laverne R.
Mertz.
Advantages:
• Adding these plaques will complete all current identified branches of the military
and memorialize the founder of the project.
Disadvantages:
• The Town’s Public Works Parks Division will be in charge of the implementation
and maintenance of the two new plaques.
Action Recommended:
Public Works staff and the Parks Advisory Board recommend acceptance of this
addition to the Veterans Monument.
Finance/Resource Impact:
Budget Impact: There is currently $35,218.00 in the restricted funds for the Veterans
Monument as of June 14, 2022. This fund was donated to the Town for the monument’s
maintenance and future additions. There will be an annual expenditure to the Parks
Division to maintain the new plaques.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the two plaque additions to the Veterans Monument.
Attachments:
1. Estes Park Veterans Monument Park 2022 Additions Plan
2. Plaque of Laverne R. Mertz
ESTES PARK VETERANS MONUMENT PARK
Estes Park Visitor's Center
Estes Park, CO 80517
ve
t
e
rans m o n u m ent
e s t e s park
ESTES PARK VETERANS MONUMENT
COMMITTEE
Gary Brown Carey Stevanus
Dick Life Dan Scace
Terry Rizzuti Laurie Button
Hugh McTeague Bill Howell
Craig Belshe Bill Allen
TOWN OF ESTES PARK
PARKS DIVISION
BRIAN BERG
Parks Supervisor
170 MacGregor Ave - PO Box 1200
Estes Park, Colorado 80517
Phone: (970) 577-3783
bberg@estes.org
PLAQUES AND SIGNS
KENT SMITH
PO Box 2385
Estes Park, CO 80517
Phone: (970) 586-4546
Phone: (970) 352-4275
kent@smithsignstudio.com
HONORING THOSE
WHO SERVED
A01
of 2
P# 2209
June 21, 2022
Veterans Monument Additions 2022
Estes Park Visitor's Center
Estes Park, CO 80517
Title Sheet
Attachment 1
Site Plan
Scale: 1/8" = 1'-0"
north02481216
A02
of 2
P# 2209
June 21, 2022
Veterans Monument Additions 2022
Estes Park Visitor's Center
Estes Park, CO 80517
Site Plan
Laverne R. Mertz
US Navy – WWII
USS LSM 207
A visionary
who believed in
recognizing
all veterans
for their service
with this monument.
Attachment 2
Public Works Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, Parking & Transit Manager
Greg Muhonen, Public Works Director
Date: July 12, 2022
RE: Resolution 54-22 Intergovernmental Agreement for State of Colorado
Senate Bill 267 Grant Funding to Redesign the Visitor Center Parking Lot
with CDOT, $250,000 – Budgeted. (CDOT PO #491002882)
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval for this Intergovernmental Agreement
(IGA) with the Colorado Department of Transportation (CDOT) for the purpose of
accepting 2021 State of Colorado Senate Bill (SB) 267 grant funding to redesign the
surface parking lot and landscaped area surrounding the Estes Park Visitor Center (500
Big Thompson Avenue).
Present Situation:
In December 2019, CDOT requested that Public Works staff provide a high-level listing
of possible transit capital projects that might benefit from SB 267 funding. SB 267 set
aside $1.7 billion in State of Colorado grant funding to support mobility, safety and rural
pavement projects from Fiscal Year 2020 to 2024.
In response to CDOT’s request, several Public Works divisions (Parking & Transit,
Engineering, and Facilities) collaborated on a spreadsheet with project descriptions,
ease of implementation and rough cost estimates. This spreadsheet was submitted to
CDOT in December 2019 and, upon request from CDOT, updated several times in
spring and summer 2020. Among the projects included in this list was a redesign of the
Visitor Center parking lot.
In September 2020, CDOT notified Public Works of a $1,029,504 award through the SB
267 program to redesign the Visitor Center parking lot. CDOT indicated that this project
had been selected due to the lot’s proximity to US 34, US 36, Hwy 7, and the Town’s
parking structure, which means the lot naturally serves as a transit hub for the Town,
Rocky Mountain National Park, and Bustang.
The proposed improvements for this project include a newly designed layout for the
Visitor Center parking lot, which would identify preferred locations for vehicle parking
and bus layover; bus loading/unloading zones (for the Town’s free shuttles, Rocky
Mountain National Park Hiker Shuttle and Bustang to Estes); shuttle stops; ride-share
drop-off/pick-up locations; pedestrian circulation; electric vehicle infrastructure; bicycle
circulation and parking; and visitor-serving amenities including landscaping,
placemaking features, lighting, wayfinding, and informational signage.
The grant agreement before the Board this evening is only for the design portion of the
project, a total of $250,000. This grant agreement was received in April 2022 after
negotiations between Town and CDOT staff on project timing and local match
requirements. A separate grant agreement with CDOT for construction will be brought to
the Town Board upon completion of the design phase.
Proposal:
Public Works staff recommend Town Board approval of the grant agreement with CDOT
for SB 267 grant funding to redesign the surface parking lot and landscaped area
surrounding the Estes Park Visitor Center. Due to limited PW staff capacity at this time,
Request for Proposals for design consulting services will likely not be released until
Winter 2022 or Spring 2023. CDOT staff are aware of this plan, and this delay will not
jeopardize the grant funding since the grant close-out date is December 31, 2024.
Advantages:
• This project is in line with the defined purpose of Senate Bill 267 to support
transportation projects in Colorado with a specific focus on rural communities.
• This project would address increased transit vehicle traffic in the Visitor Center
parking area that would improve the vehicular flow and safety of a busy public
parking area.
• Transitioning the parking lot into a mobility hub – focused on modes beyond single-
occupancy vehicles like transit buses, bicycles and pedestrians – will benefit a
number of stakeholders including residents, visitors, local tour operators, and bus
drivers.
Disadvantages:
• Acceptance of grant funding is accompanied with additional administrative burdens;
however, Town staff have recent experience managing a State grant of this type.
• Acceptance of grant funding always comes with risk that the project will not go as
planned; however, Town staff have a good working relationship with CDOT and will
actively work to identify and mitigate any challenges that may arise.
Action Recommended:
Public Works staff respectfully request that the Board authorize execution of the
proposed grant agreement with CDOT for the purpose of accepting 2021 State of
Colorado Senate Bill 267 grant funding to redesign the surface parking lot and
landscaped area surrounding the Estes Park Visitor Center.
Finance/Resource Impact:
For the design portion of the SB 267 project, the financial impact to the Town is as
follows:
SB 267 grant funds – design only: $ 200,000
Matching Town funds – design only (budgeted): $ 50,000
Total project cost – design only: $ 250,000
The Town’s local match was been identified in Streets Improvement 1A (Fund 260)
through a reallocation of funds that were already identified for parking lot resurfacing
work.
Level of Public Interest
Public interest in this item is likely low at this time; however, staff anticipate a robust
community engagement process during project design. The Transportation Advisory
Board has been receiving updates on this project at their regular monthly meetings and
will be heavily engaged with design.
Sample Motion:
I move for the approval/denial of Resolution 54-22.
Attachments:
1. Resolution 54-22
2. CDOT IGA (PDF version for TB review only; contract to be issued electronically
through Docusign)
RESOLUTION 54-22
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDING TO REDESIGN THE
VISITOR CENTER PARKING LOT
WHEREAS, the Town Board desires to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of accepting grant funding under
Colorado Senate Bill 17-267 to redesign the surface parking lot and landscaped area
surrounding the Estes Park Visitor Center; and
WHEREAS, the project will support the goals of the Statewide Transit Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution 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
Contract Number: 22-HTR-ZL-00203/491002882 Page 1 of 26 Version 10/30/19
STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number/PO Number
22-HTR-ZL-00203/491002882
Grantee
TOWN OF ESTES PARK
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2024 Grant Agreement Amount
SB-267 Funds Maximum Amount Fund Expenditure End Date
December 31, 2024 State Fiscal Year 2022
Local Funds
Total for all State Fiscal Years
$200,000.00
$50,000.00
$200,000.00
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117, 43-2-
101(4)(c), 43-4-811(2), SB18-001, SB17-228 and
SB17-267.
Agreement Purpose
Senate Bill 17-267 "Concerning the Sustainability of Rural Colorado" authorizes funding to be used for this
project.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1.Exhibit A, Statement of Work and Budget.
2.Exhibit B, Sample Option Letter.
3. Exhibit C, Title VI-Civil Rights.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1.Exhibit C, Title VI-Civil Rights.
2.Colorado Special Provisions in §17 of the main body of this Agreement.
3.The provisions of the other sections of the main body of this Agreement.
4.Exhibit A, Statement of Work and Budget.
5. Executed Option Letters (if any).
Principal Representatives
For the State:
Moira Moon
Division of Transit and Rail
2829 W. Howard Pl.
Denver, CO 80204
moira.moon@state.co.us
For Grantee:
Vanessa Solesbee
TOWN OF ESTES PARK
PO BOX 1200
ESTES PARK, CO 80517
vsolesbee@estes.org
DocuSign Envelope ID: 1D2F2881-7610-44C3-AEC5-1C95406E4D23 Attachment 2
Contract Number: 22-HTR-ZL-00203/491002882 Page 2 of 26 Version 10/30/19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
GRANTEE
TOWN OF ESTES PARK
__________________________________________
__________________________________________
By: Mayor, Mayor Pro Tem, or Designated Delegate
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
__________________________________________
__________________________________________
By: Amber Blake, Director
Division of Transit and Rail
Date: _________________________
GRANTEE
TOWN OF ESTES PARK
__________________________________________
__________________________________________
By: Town Clerk
Date: _________________________
GRANTEE
TOWN OF ESTES PARK
__________________________________________
By: Town Attorney
Date: __________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: 1D2F2881-7610-44C3-AEC5-1C95406E4D23
Dan Kramer
Contract Number: 22-HTR-ZL-00203/491002882 Page 3 of 26 Version 10/30/19
TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK ...................................................................................................................... 6
5. PAYMENTS TO GRANTEE ................................................................................................................. 6
6. REPORTING - NOTIFICATION ........................................................................................................... 7
7. GRANTEE RECORDS ........................................................................................................................... 8
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 10
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 13
14. NOTICES and REPRESENTATIVES .................................................................................................. 13
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 14
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 16
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the
“Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page
for this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in
§5.D, or after the Fund Expenditure End Date. If the Work will be performed in multiple phases , the period
of performance start and end date of each phase is detailed under the Project Schedule in Exhibit A.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter
attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at
its discretion, upon written notice to Grantee in a form substantially equivalent to the Sample Option Letter
attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to
exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect
during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution
of a replacement Agreement or modification extending the total term of this Agreement .
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E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Grantee, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §14. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the
rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount equal
to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Grantee for a portion of actual out -of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted
portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall not exceed
the Grant Maximum Amount payable to Grantee hereunder.
F. Grantee’s Termination Under State Requirements
Grantee may request termination of this Grant by sending notice to the State, which includes the reasons for
the termination and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior to the effective
date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a
receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30
days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
C. “Budget” means the budget for the Work described in Exhibit A.
D. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24 -11-101(1),
C.R.S.
E. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et seq., C.R.S.
F. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Grantee’s Work that is intended to be delivered by
Grantee.
G. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
H. “End of Term Extension” means the time period defined in §2.D.
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I. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
J. “Extension Term” means the time period defined in §2.C.
K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection
with the Services.
L. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
M. “Grant Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
N. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or de struction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et
seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State
system or State Records regardless of where such information is located; (ii) unwanted disruption or denial
of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes
to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction,
or consent.
O. “Initial Term” means the time period defined in §2.B.
P. “Matching Funds” (Local Funds) means the funds provided by Grantee as a match required to receive the
Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother‘s maiden name, or biometric records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-
73-101, C.R.S.
S. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include
any services to be rendered by Grantee in connection with the Goods.
T. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to PII, and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include info rmation or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to
CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv)
is disclosed to Grantee, without confidentiality obligat ions, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential Information.
U. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a), C.R.S.
V. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
W. “State Records” means any and all State data, information, and records, regardless of physical form.
X. “Subcontractor” means any third party engaged by Grantee to aid in performance of the Work.
“Subcontractor” also includes sub-grantees of Grant Funds.
Y. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
Z. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, material s, ideas, concepts, know-how, information, and
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any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit
A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of
any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO GRANTEE
A. Grant Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay
Grantee any amount under this Agreement that exceeds the Grant Maximum Amount for that State Fiscal
Year shown on the Cover Page of this Agreement as “FASTER Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the conditions set forth in Exhibit
A.
b. Grantee shall initiate payment requests by invoice to the State, in a form and manner approved by
the State.
c. Any advance payment allowed under this Agreement, shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement and its Exhibits. Eligibility and
submission for advance payment is subject to State approval and must include approved
documentation in the form and manner set forth and approved by the State.
d. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Grantee and previously accepted
by the State during the term that the invoice covers. If the State determines that the amount of any
invoice is not correct, then Grantee shall make all changes necessary to correct that invoice.
e. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear int erest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24 -30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Grantee shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the
State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the
payment or notification of the determination or calculation of the payment by the State. The State will
review the information presented by Grantee and may make changes to its determination based on this
review. The calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not pay any
interest on any amount during the period it is subject to dispute under this subsec tion.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and
continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non -State funds constitute all or some of the Grant
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Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding continuing
to be made available for payment. Payments to be made pursuant to this Agreement shall be made only
from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining
of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
C. Matching Funds
Grantee shall provide Matching Funds as provided in §5.A and Exhibit A. Grantee shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Grantee’s obligation to pay all or any part of any Matching Funds, whether direct
or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by
the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee
represents to the State that the amount designated “Grantee’s Matching Funds” in Exhibit A has been legally
appropriated for the purposes of this Agreement by its authorized representatives and paid i nto its treasury
or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments
in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. If
Grantee is a public entity, Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee’s laws or policies .
D. Reimbursement of Grantee Costs
i. Any costs incurred by Grantee prior to the Effective Date shall not be reimbursed.
ii. The State shall reimburse Grantee’s allowable costs, not exceeding the Grant Maximum Amount shown
on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this
Agreement and shown in Exhibit A, except that Grantee may adjust the amounts between each line item
of Exhibit A without formal modification to this Agreement as long as the Grantee provides notice to
the State of the change, the change does not modify the Grant Maximum Amount of this Agreement or
the Grant Maximum Amount for any State Fiscal Year, and the change does not modify any requirements
of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by
Grantee that reduce the cost actually incurred.)
iv. Grantee’s costs for Work performed after the Fund Expenditure End Date shown on the Signature and
Cover Page for this Agreement, or after any phase performance period end date for a respective phase
of the Work, shall not be reimbursable. Grantee shall initiate any payment request by submitting invoices
to the State in the form and manner set forth and approved by the State .
E. Close-Out
Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover
Page for this Agreement. To complete close-out, Grantee shall submit to the State all Deliverables (including
documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice. The State
will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the
State as substantially complete.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for
each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
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to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Grantee is served with a pleading or other docu ment in connection with an action before a court or other
administrative decision making body, and such pleading or document relates to this Agreement or may affect
Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being
served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal
Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 45 calendar days
after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised
by the State, containing an evaluation and review of Grantee’s pe rformance and the final status of Grantee’s
obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of State criminal law
involving fraud, bribery, or gratuity violations potentiall y affecting the Federal Award. The State may impose
any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include,
without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to, the operation of programs) or Goods hereunder (collectively, the “Grantee Records”). Grantee
shall maintain such records for a period of three years following the date of submission to the State of the
final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission
of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or
audit related to this Award starts before expiration of the Record Retention Period, the Record Retention
Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by
the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Grantee shall permit the State and any other duly authorized agent of the State to audit, inspect, examine,
excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make
Grantee Records available during normal business hours at Grantee’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless
the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the
State.
C. Monitoring
The State and any other duly authorized agent of the State, in its discretion, may monitor Grantee’s
performance of its obligations under this Agreement using procedures as determined by the State. The State
shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time
during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not
unduly interfere with Grantee’s performance of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s
records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a
third party.
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8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available. Grantee shall not, without prior written approval of the State, use,
publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except
as otherwise stated in this Agreement, permitted by law o r approved in writing by the State. Grantee shall
provide for the security of all State Confidential Information in accordance with all applicable laws, rules,
policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State
Records to the State’s Principal Representative identified on the Cover Page of this Agreement .
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessar y to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to a ny State
Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State
upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Grantee shall provide the State
with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such State Confidential Information .
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, Grantee shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Grantee can establish that Grantee, and its agents, employees, and Subcontractors are no t the
cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring
a similar type of Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional cost to the
State. The State may adjust or direct modifications to this plan, in it s sole discretion and Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted
time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee
shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at
Grantee’s sole expense, require Grantee to engage the services of an independent, qualified, State-approved
third party to conduct a security audit. Grantee shall provide the State with the results of such audit and
evidence of Grantee’s planned remediation in response to any negative findings .
E. Data Protection and Handling
Grantee shall ensure that all State Records and Work Product in the possession of Grantee or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide
for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State
non-disclosure requirements, use of appropriate technology, security practices, computer access security,
data access security, data storage encryption, data transmission encryption, security inspections, and audits.
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Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain
security procedures and practices consistent with §§24 -73-101, et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way
with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest
would arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any
tangible personal benefit to an employee of the State, or any member of his or her immediate family or his
or her partner, related to the award of, entry into or management or oversight of this Agre ement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall
be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of
Grantee’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the
appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the
relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow
the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105,
C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Grantee employs or contracts with any State e mployee, any former State employee
within six months following such employee’s termination of employment with the State, or any immediate
family member of such current or former State employee. Grantee shall provide a disclosure statement as
described in §9.C. no later than ten days following entry into a contractual or employment relationship as
described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of
Agreement. Grantee may also be subject to such penalties as are allowed by law.
10. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as
specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Grantee or Subcontractor employees acting within the course and scope of their employment .
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non -owned autos) with a
minimum limit of $1,000,000 each accident combined single limit .
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D. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows :
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act with
minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Grantee and
Subcontractors.
H. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary over any insurance or self -insurance
program carried by Grantee or the State.
I. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee
shall forward such notice to the State in accordance with §14 within 7 days of Grantee’s receipt of such
notice.
J. Subrogation Waiver
All insurance policies secured or maintained by Grantee or its Subcontractors in relation to this Agreement
shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise
against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
K. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -10-101,
et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated
above, at all times during the term of this Agreement such liability insurance, by commercial policy or self -
insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the
meaning of the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this
Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
L. Certificates
For each insurance plan provided by Grantee under this Agreement, Grantee shall provide to the State
certificates evidencing Grantee’s insurance coverage required in this Agreement prior to the Effective Date.
Grantee shall provide to the State certificates evidencing Subcontractor insurance coverage required under
this Agreement prior to the Effective Date, except that, if Grantee’s subcontract is not in effect as of the
Effective Date, Grantee shall provide to the State certificates showing Subcontractor insurance coverage
required under this Agreement within seven Business Days following Grantee’s execution of the subcontract.
No later than 15 days before the expiration date of Grantee’s or any Subcontractor’s coverage, Grantee shall
deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the
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term of this Agreement, upon request by the State, Grantee shall, within seven Business Days following the
request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions
of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement
to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the
delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred
or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period
and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of
the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exer cise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of
this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State
all Work not cancelled by the termination notice, and may incur obligations as necessary to do so
within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of
Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest. At the State’s request,
Grantee shall return materials owned by the State in Grantee’s possession at the time of any
termination. Grantee shall deliver all completed Work Product and all Work Product that was in the
process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Grantee
was not in breach or that Grantee’s action or inaction was excusable, such termination shall be
treated as a termination in the public interest, and the rights and obligations of the Parties shall be
as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for
any damages sustained by the State in connection with any breach by Grantee, and the State may
withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as
the exact amount of damages due to the State from Grantee is determined. The St ate may withhold
any amount that may be due Grantee as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess costs incurred by the
State in procuring from third parties replacement Work as cover.
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ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of the W ork pending corrective
action as specified by the State without entitling Grantee to an adjustment in price or cost or an
adjustment in the performance schedule. Grantee shall promptly cease performing Work and
incurring costs in accordance with the State’s directive, and the State shall not be liable for costs
incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the State; provided, that any
denial of payment shall be equal to the value of the obligations not performed .
d. Removal
Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee
shall, as approved by the State (i) secure that right to use such Work for the State and Grantee; (ii)
replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State .
B. Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following
the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available
at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Grantee
for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Grantee shall
submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency
named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Grantee wishes to
challenge any decision rendered by the Procurement Official, Grantee’s challenge shall be an appeal to the
executive director of the Department of Personnel and Administration, or their delegate, in the same manner
as described in the Resolution Statutes before Grantee pursues any further action. Except as otherwise stated
in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time
limitations regardless of whether the Colorado Procurement Code applies to this Agreement.
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
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Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for thi s Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State
and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law
or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product
and all works based on, derived from, or incorporating the Work Product .
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Grantee are the exclusive
property of the State (collectively, “State Materials”). Grantee shall not use, willingly allow, cause or permit
Work Product or State Materials to be used for any purpose other than the performance of Grantee’s
obligations in this Agreement without the prior written consent of the State. Upon termination of this
Agreement for any reason, Grantee shall provide all Work Product and State Materials to the State in a form
and manner as directed by the State.
C. Exclusive Property of Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third -party materials, delivered by Grantee
under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively,
“Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Agreement or a State
approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the
applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the
applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned
without the prior, written consent of the State. Any attempt at assignment or transfer without such consent
shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this
Agreement without providing notice to the State. The State may reject any such Subcontractor, and Grantee
shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform
any work after that Subcontractor’s subcontract has been rejected by the State. G rantee shall submit to the
State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts
entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state
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laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be
subject to all provisions of this Agreement.
C. Binding Effect
Except as otherwise provided in §16.A., all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns .
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted .
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein .
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller .
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agree ment.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision
incorporated into any click-through or online agreements related to the Work unless that provision is
specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the valid ity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
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N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84 -730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Grantee. Grantee shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to
have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A., this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care,
skill and diligence in Grantee’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
i. Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required
to perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at
its sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C a t all times during the term of this
Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S., then
this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee..
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
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C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be contro lled
and limited by the provisions of the Colorado Governmental Immunity Act, §24 -10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq., C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Agreement. Grantee shall (i) provide and keep in force workers’ compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof
when requested by the State, and (iii) be solely responsible for its acts and those of its employees and
agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires
the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Agreement shall be construed as a waiver of any provision of §24 -106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shal l not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Grantee is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Agreement, including, without limitation, immediate termination
of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
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of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Grantee in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Grantee by deduction from subsequent payments under this Agreement, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate
method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that
fails to certify to Grantee that the Subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement. Grantee (i) shall not use E-Verify Program or the program procedures
of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-
employment screening of job applicants while this Agreement is being performed, (ii) shall notify the
Subcontractor and the contracting State agency or institution of higher education within three days if Gr antee
has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under
this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado
Department of Labor and Employment. If Grantee participates in the Department program, Grantee shall
deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Grantee fails to comply with any
requirement of this provision or §§8 -17.5-101, et seq., C.R.S., the contracting State agency, institution of
higher education or political subdivision may terminate this Agreement for breach and, if so terminated,
Grantee shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that Grantee (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description 2021 SB 267 Visitor Center Parking Lot Redesign
Project End Date December 31, 2024
Subrecipient Town of Estes Park DUNS # 078355450
Contact Name Vanessa Solesbee Vendor # 2000306
Address P.O. Box 1200
170 MacGregor Avenue
Estes Park, Colorado 80517
Phone # (970) 577-3957
Email vsolesbee@estes.org Indirect Rate N/A
WBS* 24851.10.30 ALI 11.41.04
Total Project Budget $250,000
State SB267 Funds (at 80% or less) $200,000
Local Funds (at 20% or more) $50,000
Total Project Amount Encumbered via this Grant Agreement $200,000
*This is not a research and development grant.
**The WBS numbers may be replaced without changing the amount of the subaward at CDOT’s discretion.
A. Project Description
The Town of Estes Park will use SB-267 funds, along with local matching funds, to redesign the surface parking lot
and landscaped area surrounding the Estes Park Visitor Center, as more fully described below. The project will
support the goals of the Statewide Transit Plan.
ALI QTY Fuel Type Description SB267 Amount
11.41.04 N/A N/A Mobility Hub Design $200,000.00
The Town of Estes Park is a governmental entity located in Larimer County, Colorado, and operates Estes
Transit, a free public transportation shuttle service. The service is free and open to all riders and is offered
during the summer months (“peak season service”), for Town-sponsored special events throughout the year and
via the Winter Trolley Service. Estes Transit service information is presented on the Town’s website at
www.estes.org/shuttles.
The Town of Estes Park and its stakeholders are interested in designing a new layout for the surface parking lot
located at the Estes Park Visitor Center; a project that would transition the space from car and parking-focused
to more of a mobility hub that welcomes all modes.
The existing parking lot is laid out in a confusing manner, often resulting in conflicts between pedestrians,
personal vehicles, transit buses and special event uses (e.g., Estes Valley Farmers Market). In addition to
personal vehicle parking, this lot also accommodates park and ride activities (e.g., for local tours, Uber/Lyft),
Rocky Mountain National Park’s seasonal Hiker Shuttle, and the Bustang to Estes. Th e Visitor Center parking
lot is home to the Town’s only DC Level III fast-charging Electric Vehicle stations and is adjacent to the
Town’s parking structure, which is the largest supply of public parking in the downtown area. This parking area
is also connected via two pedestrian bridges to the Lake Estes Trail, which provides connections to other Town
and Larimer County trail infrastructure (e.g., Fish Creek trail).
The redesign of this surface parking lot and surrounding landscaped areas has the potential to be a signature
project for the Town, transitioning underutilized land from parking lot to mobility hub. The central location of
the project (adjacent to the intersection of US Hwy 34 and US Hwy 36) – and proximity to the trail
infrastructure mentioned above – make it a prime location for additional bicycle (and possibly bicycle or e-bike
sharing) infrastructure.
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Town staff envision hiring an Architectural/Engineering consultant team to reimagine the area and engage the
community in creating a future vision for an activated public space that welcomes and accommodates all modes
safely and efficiently.
The Town shall use SB-267 funds to procure Architectural/Engineering Design and/or Construction Design
Management services in development of the final construction documents for Estes Park Visitor Center Parking Lot
Redesign project. Before initiating construction, a site review of the construction site must be completed and design
work must be conducted. In accordance with Chapter III of FTA Circular 4702.1 B, a Title VI Eq uity Analysis
comparing the impacts on minority and low-income persons of sitting facilities at any identified feasible locations
will also be completed. At 30% design, a Categorical Exclusion (CatEx) worksheet should be completed to address
environmental compliance prior to construction.
Other project details are listed below:
Project Address: 500 Big Thompson Avenue, Estes Park, CO 80517
National Environmental Policy Act (NEPA):
The Town of Estes Park must ensure that the environmental consequences of its transportation project have been
adequately considered and that required mitigation measures can be completed within the time frame and budget
described in the Subaward Agreement. An environmental clearance is required before final design, right -of-way
acquisition and construction funds are authorized. The Town will work with CDOT and FTA on CatEX approval in
order to meet the environmental requirements. Among those requirements, Environmental Justice considerations
should be analyzed and documented, if applicable. For more information, see Chapter 9.15 of the CDOT NEPA
Manual, found at: https://www.codot.gov/programs/environmental/nepa-program/nepa-manual.
Key Tasks/Deliverables:
a. Review of the site plan by a professional engineer.
b. Procure the professional services of a design/architectural firm
c. Review the site plan
d. Design the project at a 30% level for environmental review (CDOT Staff will participate in the review)
e. Conduct environmental clearance process and attain FTA’s approval prior to final design stage
f. Complete the final design, notifying CDOT in advance so CDOT staff can review the final design along
with The Town of Estes Park
g. Prepare construction cost estimates
B. Performance Standards
Design Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for
Approval
05/01/2022
Submit Procurement Authorization (PA) and solicitation doc uments to a CDOT Project
Manager for Approval
05/20/2022
30% of Design Completion Date 08/30/2022
Submit First Reimbursement Request in COTRAMS 09/30/2022
Submit First Progress Report to Grant Unit Manager 09/30/2022
100% of Design Completion Date 03/01/2023
Submit Final Reimbursement Request in COTRAMS 04/01/2023
IMPORTANT NOTE: All milestones in this Statement of Work must be completed no later than the expiration
date of this Grant Agreement: 12/31/2024.
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Performance will be reviewed throughout the duration of this Grant Agreement. The Town of Estes Park shall report
to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
The Town of Estes Park will be responsible for performing and adhering to the following design requirements:
a. Prepare and provide preliminary and final design (“Construction Plans”) including drawings,
plans, plats, descriptive or supportive material or special provisions and estimates (collectively
known as “Plans”), as required to communicate the design intent and to achieve all required local
and state approvals, including planning approvals as required by the Local Authority Having
Jurisdiction (AHJ), adopted County or Town Codes, and applicable State and Federal
requirements.
b. Upon reaching 30% design, work with CDOT and FTA (Region 8) on CatEX approval in order to
meet NEPA environmental requirements prior to finalizing design work.
c. Prepare final design construction plans in accordance with the requirements, as applicable, of the
latest edition of the International Building Code, latest editi on adopted by the Town of Estes Park.
d. Prepare special provisions and estimates in accordance with any specifications as approved by
CDOT.
e. Include details of any required detours in the Plans, in order to prevent any interference of the
construction work and to protect the traveling public.
f. The Plans produced shall be stamped by Colorado Registered Professional Engineers and
Architect. Plans shall be reviewed and approved in accordance with all Town or AHJ requirements
and shall be permitted through the local authority.
g. Provide final assembly of Plans and contract documents for the purpose of bidding the project for
construction.
h. Comply with the requirements of the Americans with Disabilities Act (ADA), and applicable
federal regulations and standards as contained in the document “ADA Accessibility Requirements
in CDOT Transportation Projects” as well as CDOT Procedural Directive 605.1, “ADA
Accessibility Requirements.”
i. Afford CDOT ample opportunity to review the Plans and make any changes in the Plans that are
directed by CDOT to comply with State requirements.
j. Submit to CDOT no less than quarterly, or more frequently as requested by CDOT, a report of
progress and expenditures made throughout the implementation of the project.
C. Project Budget
1. The Total Project Budget is $250,000. CDOT will pay no more than 80% of the eligible, actual
project costs, up to the maximum amount of $200,000. CDOT will retain any remaining balance
of SB-267 Funds. The Town of Estes Park shall be solely responsible for all costs incurred in the
project in excess of the amount paid by CDOT from SB-267 Funds for the state share of eligible,
actual costs. For CDOT accounting purposes, the SB-267 Funds of $200,000 (80%) and matching
Local Funds of $50,000 (20%), will be encumbered for this Grant Agreement.
2. No refund or reduction of the amount of the Town of Estes Park’s share to be provided will be
allowed unless there is at the same time a refund or reduction of the state share of a proportionate
amount.
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3. The Town of Estes Park may use eligible federal funds for the Local Funds share. The Town of
Estes Park’s share, together with the SB-267 Funds share, must be enough to ensure payment of
the Total Project Budget.
4. Per the terms of this Grant Agreement, CDOT shall have no obligation to provide state funds for
use on this project. CDOT will administer SB-267 Funds for this project under the terms of this
Grant Agreement, provided that the SB-267 funds to be administered by CDOT are made
available and remain available. The Town of Estes Park shall initiate and prosecute to completion
all actions necessary to enable The Town of Estes Park to provide its share of the Total Project
Budget at or prior to the time that such funds are needed to meet the Total Project Budget.
D. Procurement
Procurement of Architectural/Engineering Design and/or Construction Design Management services will comply
with state procurement procedures and the DTR Quick Procurement Guide. In addition to the state requirements
outlined below, state procedures for purchase of Architectural/Engineering Design and/or Construction Design
Management services must be followed and will be outlined prior to purchase.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, the Town of Estes Park
shall request a Purchase Authorization (PA),and submit a purchase order for the
Architectural/Engineering Design and/or Construction Design Management services in
COTRAMS.
4. Per State guidelines, the Town of Estes Park shall enter into a professional services contract with
the architect/engineer or Construction Design Manager and should use an industry approved
contract such as an AIA contract. At CDOT’s discretion, CDOT may request review of the draft
contract to ensure that the terms and conditions of the contract meet the requirements set forth in
this statement of work and align with CDOT requirements.
5. The selected vendor shall be required to comply with all insurance obligations required by
CDOT’s Risk Management section. Further, the vendor shall secure, prior to the effective date of
subcontract, at their sole expense, all licenses, certifications, permits, and other authorizations
required to perform their obligations under such subcontract, and shall ensure that all employees,
agents and subcontractors secure and maintain at all times during the term of their employment,
agency or subcontract, all license, certifications, permits and other authorizations required to
perform their obligations in relation to the subcontract; and (c) agree to indemnify, save, and hold
harmless CDOT, its employees, agents and assignees (collectively, the “Indemnified Parties”),
against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts
(including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation
to any act or omission by such consultant and/or contractor, or its employees, agents,
subcontractors, or assignees in connection with the subcontract.
6. The Town of Estes Park shall be responsible for reimbursing the selected vendor within forty-five
(45) calendar days after acceptance of the Architectural/Engineering Design and/or
Construction Design Management services.
E. Reimbursement Eligibility
Requests for reimbursement for eligible project costs will be paid to the Town of Estes Park upon submission of a
complete reimbursement packet in COTRAMS for those eligible costs incurred during the Grant Agreement
effective dates.
Accepted reimbursement packets will include the following completed documents:
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Independent Cost Estimate (ICE)
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Invoice
Proof of Payment to vendor(s)
Environmental Clearance
Final Design Plans, upon completion
The Town of Estes Park must submit the final invoice within sixty (60) calendar days of acceptance of the
professional services provided and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within
fifteen (15) calendar days of issuance of the final reimbursement payment.
F. Restrictions on Lobbying
The Town of Estes Park is certifying that it complies with 2 CFR 200.450 by entering into this Grant Agreement.
G. Training
In an effort to enhance transit safety, the Town of Estes Park and any subrecipients and subcontractors shall make a
good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that
personnel are up to date in appropriate certifications.
Training must also be developed and delivered for new or updated plans, procedures, or rul es applicable to the
facility. Training programs should be developed to support the effective and safe implementation of revenue service
through standard operation and maintenance practices. Training programs for critical safety and security practices
should include qualification components, such as an exams or field practical to verify participants have retained and
can skillfully executive the tasks assigned. Training documentation must be maintained to ensure all employees have
met and continue to meet training requirements while employed by the agency
H. Safety Data
The Town of Estes Park and any subrecipients shall maintain and submit, as requested, data related to bus safety.
This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set
forth by CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee
accidents, injuries and incidents
I. Special Conditions
1. The Town of Estes Park will comply with all requirements imposed by CDOT on The Town of
Estes Park so that the state award is used in accordance with state statutes, regulations, and the
terms and conditions of the state award.
2. The Town of Estes Park must permit CDOT and their auditors to have access to the Town of Estes
Park’s records and financial statements as necessary, with reasonable advance notice.
3. Except as provided in this Grant Agreement, the Town of Estes Park shall not be reimbursed for
any purchase, issued purchase order, or leased capital equipment prior to the execution of this
Grant Agreement.
4. The Town of Estes Park cannot request reimbursement for costs on this project from more than
one state Awarding Agency or other state awards (i.e., no duplicate billing).
5. The Town of Estes Park must obtain CDOT approval, in writing, if SB-267 funds are intended to
be used for payment of a lease or for third-party contracts.
6. The Town of Estes Park shall ensure that it does not exclude from participation in, deny the
benefits of, or subject to discrimination any person in the United States on t he ground of race,
color, national origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of
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1964.
7. The Town of Estes Park shall seek to ensure non-discrimination in its programs and activities by
developing and maintaining a Title VI Program in accordance with the “Requirements for FTA
Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular
4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Town shall also
facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by
incorporating the principles of environmental justice in planning, project development and public
outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for
Federal Transit Administration Recipients.”
8. The Town of Estes Park will provide transportation services to persons with disabilities, in
accordance with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
9. The Town of Estes Park shall develop and maintain an ADA Program in accordance with 28 CFR
Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services,
FTA Circular 4710.1, and any additional requirements established by CDOT for FTA
subrecipients.
10. The Town of Estes Park shall ensure that it will comply with the Americans with Disabilities Act,
Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local
laws, rules and/or regulations. In any contract utilizing federa l funds, land, or other federal aid, the
Town of Estes Park shall require its subrecipients and/or contractors to provide a statement of
written assurance that they will comply with Section 504 and not discriminate on the basis of
disability.
11. The Town of Estes Park shall agree to produce and maintain documentation that supports
compliance with the Americans with Disabilities Act to CDOT upon request.
12. The Town of Estes Park shall include nondiscrimination language and the Disadvantaged Business
Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations,
49 CFR Part 26, and CDOT’s DBE program.
DocuSign Envelope ID: 1D2F2881-7610-44C3-AEC5-1C95406E4D23
Contract Number: 22-HTR-ZL-00203/491002882 Page 25 of 26 Version 10/30/19
EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of the
Original Contract
Current Grant Agreement Amount
FASTER Funds Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
The later of the Effective Date or Month, Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month, Day, Year State Fiscal Year 20xx $0.00
Local Funds $0.00
Total for All State Fiscal Years $0.00
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with all Option 1(A): The Grant Agreement Amount table on the Agreement’s Cover Page is
hereby deleted and replaced with the Current Grant Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ________________________________________
Amber Blake, Director,
Division of Transit and Rail
Date: ________________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date:__________________
DocuSign Envelope ID: 1D2F2881-7610-44C3-AEC5-1C95406E4D23
Contract Number: 22-HTR-ZL-00203/491002882 Page 26 of 26 Version 10/30/19
EXHIBIT C, TITLE VI – CIVIL RIGHTS
Nondiscrimination Requirements
The Parties shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color, national origin, sex, age or disability.
During the performance of this Agreement, the Grantee, for itself, its assignees and successors in
interest (hereinafter referred to as the “Grantee”) agrees as follows:
(1) Compliance with Regulations: The Grantee shall comply with the Regulation relative to
nondiscrimination in federally-assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the “Regulations”), which are herein
incorporated by reference and made a part of this Agreement.
(2) Nondiscrimination: The Grantee, with regard to the Work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, or sex in
the selection and retention of subgrantees, including procurements of materials and leases
of equipment. The Grantee shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the Agreement covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subgrantees, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Grantee for Work to
be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subgrantee or supplier shall be notified by the Grantee of the
Grantee's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The Grantee shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the Colorado Department of Transportation to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a Grantee is in the exclusive possession of another who fails or refuses to
furnish this information the Grantee shall so certify to the Colorado Department of
Transportation as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the Grantee's noncompliance with the
nondiscrimination provisions of this Agreement, the Colorado Department of
Transportation shall impose such contract sanctions as it may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the Grantee under the Agreement until the Grantee
complies, and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Grantee shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Grantee shall take such action with respect to any subcontract or procurement as the Colorado
Department of Transportation may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that, in the event a Grantee becomes involved in,
or is threatened with, litigation with a subgrantee or supplier as a result of such direction, the Grantee
may request the Colorado Department of Transportation to enter into such litigation to protect the
interests of the Colorado Department of Transportation.
DocuSign Envelope ID: 1D2F2881-7610-44C3-AEC5-1C95406E4D23
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 12, 2022
RE: Appointments to the Parks Advisory Board: Elizabeth Kostiuk to fulfill the
remainder of Rex Poggenpohl’s term expiring December 31, 2022, and
Donovan Colegrove to fulfill the remainder of Kirby Hazelton’s term
expiring December 31, 2023
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the appointments recommended by the interview committee for the Parks
Advisory Board.
Present Situation:
The Clerk’s Office has been advertising a single vacancy on the Park Advisory Board
since 2020. Additional vacancies occurred in 2022 for newly elected Town Board
member Kirby Hazelton’s and resigned member Rex Poggenpohl.
Applications were received from both Elizabeth Kostiuk and Donovan Colegrove for
appointment. A third applicant was contacted who did not respond to the Clerk’s office
regarding an interview.
Proposal:
The interview committee recommends appointment of Elizabeth Kostiuk to fulfill the
remainder of Rex Poggenpohl’s term expiring December 31, 2022 and Donovan
Colegrove to fulfill the remainder of Kirby Hazelton’s term expiring December 31, 2023.
Staff would continue to advertise for the remaining vacancy.
Advantages:
Provides continuity on the Parks Advisory Board and would assist in completing the
seven-member board.
Disadvantages:
If the reappointments are not made, the positions would remain vacant until the
positions could be re-advertised and interviews conducted.
Action Recommended:
Appoint Elizabeth Kostiuk to fulfill the remainder of Rex Poggenpohl’s term expiring
December 31, 2022 and Donovan Colegrove to fulfill the remainder of Kirby Hazelton’s
term expiring December 31, 2023.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Elizabeth Kostiuk to fulfill the remainder of
Rex Poggenpohl’s term expiring December 31, 2022 and Donovan Colegrove to fulfill
the remainder of Kirby Hazelton’s term expiring December 31, 2023.
Attachments:
None.
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Corey P. Pass - Interim Chief of Police
Date: July 12, 2022
RE: Resolution 58-22 Agreement for Police Canine Transfer of Ownership and
Waiver and Release with the City of Greeley
(Mark all that apply)
☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☒ CONTRACT/AGREEMENT X RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES ☒ NO
Objective:
To allow for the Estes Park Police Department to transfer ownership of police K9,
Diego, to the Greeley Police Department’s K9 unit.
Present Situation:
Our current K9 handler is taking a job at a different agency and will no longer be a K9
officer. We remain in possession of police K9, Diego. Diego is young and very well
trained with several years of work that can be done. The Estes Park Police Department
does not have the necessary resources to maintain a K9 program like this. The goal is
to find a police agency that has a respectable and professional K9 program that would
be interested in taking over ownership of Diego. Greeley PD has such a program and
currently has an experienced handler that does not have a K9. We are not looking for
any monetary exchange, but rather the best fit for Diego where he can thrive. This
agreement is pending the full acceptance by the City of Greeley. We have no reason to
believe they will not accept this agreement. The urgency of the signature and transfer is
for the welfare of Diego.
Proposal:
To enter into this agreement.
Advantages:
The Greeley Police Department currently trains with the same group of K9s and officers
that Diego grew up with, this should help minimize the stress of transition for Diego. The
City of Greeley would be more able to take advantage of Diego’s skill sets than the
Town of Estes Park is.
Disadvantages:
The K9 program was paid for between the Town of Estes Park and donations from the
community. We have communicated to the public that we have chose to end the
program. We have received very little negative comments about this decision. Most feel
that although it was a difficult decision it is the right decision. The one thing that is
priority to everyone is that Diego gets a home where he will be comfortable and able to
best use the skills that he has been trained to do.
Action Recommended:
The Board approves, and authorizes the mayor to sign the agreement in the title of this
resolution in substantially the form now before the Board.
Finance/Resource Impact:
Will save the Town and the PD money.
Level of Public Interest
Staff believes that this topic is of high interest to the members of the community.
Motion:
I move for the approval of this agreement.
Attachments:
1. Resolution xx-22
2. Agreement For Police Canine Transfer of Ownership and Waiver and Release
RESOLUTION 58-22
APPROVING AN AGREEMENT WITH THE CITY OF GREELEY
FOR POLICE CANINE TRANSFER OF
OWNERSHIP AND WAIVER AND RELEASE
WHEREAS, the City of Greeley has a police K9 program, is currently in the need
of a trained K9, and employs police officers whose duties and training included police
canine training and handling; and
WHEREAS, the Town of Estes Park has decided to end its current police K9
program as its K9 handler has chosen to move to another jurisdiction; and
WHEREAS, the Town is in possession of a police-trained Belgian Malinois,
identified as Diego; and
WHEREAS, the parties recognize that Diego is a trained police dog, with
investigative skills and aggressive capabilities; and
WHEREAS, Diego is being retired by the Estes Park Police Department, and the
City desires to adopt Diego and to become responsible as the owner of Diego; and
WHEREAS, Diego is still young and able to serve as a member of the Greeley
Police Department, and the parties desire the best possible residence, treatment, and
care for him; and
WHEREAS, the Town thanks Diego for his service and wishes him the best as he
continues his dignified career.
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 agreement 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
AGREEMENT FOR POLICE CANINE TRANSFER OF OWNERSHIP
AND WAIVER AND RELEASE
THIS AGREEMENT is made and entered into this 12th day of July 2022, by and between
the Town of Estes Park (“Town”) and the City of Greeley, Colorado (“City”).
WHEREAS, the City of Greeley has a police K9 program, is currently in the need of a
trained K9, and employs police officers whose duties and training included police canine training
and handling; and
WHEREAS, the Town of Estes Park has decided to end its current police K9 program as
its K9 handler has chosen to move to another jurisdiction; and
WHEREAS, the Town is in possession of a police-trained Belgian Malinois, identified as
Diego; and
WHEREAS, the parties recognize that Diego is a trained police dog, with investigative
skills and aggressive capabilities; and
WHEREAS, Diego is being retired by the Estes Park Police Department, and the City
desires to adopt Diego and to become responsible as the owner of Diego; and
WHEREAS, Diego is still young and able to serve as a member of the Greeley Police
Department, and the parties desire the best possible residence, treatment, and care for him; and
WHEREAS, the Town thanks Diego for his service and wishes him the best as he continues
his dignified career.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the Town and the City hereby agree as follows:
1. In consideration of the undertakings set forth in this Agreement, the Town hereby
transfers to the City full ownership of Diego effective July 12, 2022. Upon full execution, this
Agreement shall serve as documentation of such ownership.
2. By signing this Agreement, the City acknowledges that it understands state and
local law regarding care and treatment of animals, and specifically represents that it will comply
with the requirements and regulations of such laws regarding Diego, and that it will:
a. provide fresh food and water, clean and dry shelter, daily exercise, affection,
and attention; and
b. provide professional veterinary care for diseases, illness, and injuries, and
secure yearly vaccinations and licenses; and
c. keep Diego in a safe and secured area, to the extent possible given Diego’s
official duties.
3. The parties acknowledge and agree that canines are different from human beings in
their responses to human actions or other stimuli and that the actions of even trained canines are
often unpredictable.
4. The Town represents that Diego has been given appropriate vaccinations for his
age and that he has received professional veterinary care as may have been appropriate during his
tenure with the Estes Park Police Department.
5. In further consideration of the terms and mutual covenants of this Agreement, the
City states, agrees, promises, and covenants as follows:
a. The City accepts possession, ownership, title, and responsibility for Estes
Park Police Department canine Diego at its own risk, and agrees not to sue or to make
claims, demands, or actions against the Town, including the Police Department, or the
Town’s respective agents, officers, or employees, regarding or arising out of the adoption
or ownership of Diego.
b. The City releases and waives such rights in favor of the Town and its
officers, employees, agents, attorneys, successors, and assigns, both in their official
capacities and in their individual capacities, on behalf of the City and its officers,
employees, agents, attorneys, successors, and assigns, and the release is hereby made
regarding any and all obligations, debts, claims, liabilities, demands, and causes of action
of every kind, nature, and description whatsoever arising from this Agreement. The City
also understands that the Town retains all its rights and immunities under the Colorado
Governmental Immunity Act, as described in section 14 below.
6. Entire Agreement. There are no other agreements on the same subject than
expressly stated or incorporated in this Agreement. This Agreement shall not invalidate or
otherwise affect any other agreement presently in effect. This Agreement represents the entire
agreement of the parties and any amendment to this Agreement shall be in writing and executed
by the parties.
7. Severability. If any provision of this Agreement, or the application of such
provision to any person, entity or circumstance, shall be held invalid, the remainder of this
Agreement shall not be affected thereby.
8. Assignment. This Agreement shall not be assigned by either of the parties without
the prior written consent of the other party.
9. Relationship of Parties. The parties enter into this Agreement as separate and
independent governmental entities.
10. Effect of Agreement. This Agreement is not intended to, nor should it be construed
to, affect or extend the legal responsibilities of either of the Parties; create or modify any
preexisting legal obligations, if any; or create for or extend any of the legal rights of any person.
This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any right of action hereunder for any cause
whatsoever.
11. Counterparts. This Agreement may be executed in any number of original
counterparts, all of which evidence only one agreement. The parties agree that counterpart
signatures of this Agreement shall be acceptable and that execution of this Agreement in the same
form by each party shall be deemed to constitute full and final execution of this Agreement.
12. Construction of Agreement. This Agreement shall be construed according to its fair
meaning as if it was prepared by the parties and shall be deemed to be and contain the entire
agreement between the parties. There shall be deemed to be no other terms, conditions, promises,
understandings, statements or representations, expressed or implied, concerning this Agreement,
unless set forth in writing and signed by the parties.
13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective successors and permitted assigns.
14. Governmental Immunity Act. No term or condition of this Agreement shall be
construed or interpreted as a waiver, express or implied, by either of the parties of any of the
notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other
provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any
other applicable law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
Signature page follows.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
CITY OF GREELEY
By: ________________________________
Adam Turk, Chief of Police
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson
Date: July 12, 2022
RE: Resolution 55-22 Transfer of Ownership from Uribe LLC dba El Mex-Kal to
Apoluna LLC dba El Mex-Kal, 160 1st Street, 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 160 1st Street to the applicant, Apoluna
LLC.
Present Situation:
A Hotel and Restaurant Liquor License is currently held at the location referenced
above by Uribe LLC dba El Mex-Kal. The applicant is requesting a transfer of the
license and submitted a complete application to the Town Clerk’s office on June 13,
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 TIPS trained.
Both members of Apoluna LLC have been employed at the restaurant by the current
owners.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to Apoluna LLC dba El Mex-Kal.
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
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 Apoluna LLC
dba El Mex-Kal.
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 Resolution 55-22 for the transfer of the Hotel and Restaurant
liquor license filed by Apoluna LLC dba El Mex-Kal.
Attachments
1. Procedures for Transfer
2. Resolution 55-22
3. Application
4. Individual History
5. Diagram
6. Police Report
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application to transfer a Hotel and Restaurant liquor license to Apoluna LLC
dba El Mex-Kal and confirm the following:
The application was filed June 13, 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:
Unscheduled X Completed Pending Confirmation
MOTION:
I move to approve/deny Resolution 55-22
Attachment 1
RESOLUTION 55-22
APPROVING A TRANSFER OF A HOTEL AND RESTAURANT LIQUOR LICENSE FROM
URIBE, LLC DBA EL MEX-KAL TO APOLUNA LLC DBA EL MEX-KAL, 160 1ST STREET,
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 July 12, 2022 for a
Transfer of a Hotel and Restaurant Liquor License, filed by Uribe, LLC dba El Mex-Kal to
Apoluna LLC dba El Mex-Kal, 160 1st Street, Estes Park, Colorado; and
WHEREAS, C.R.S. § 44-3-301 (2)(a) requires that 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 Apoluna LLC dba El Mex-Kal, 160 1st Street Avenue, Estes Park,
Colorado.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 2
DR 8404 (12129/21)
COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division
(303) 205-2300
Colorado Liquor
Retail License Application
D New License D New-Concurrent I2rfransfer of Ownership D State Property Only D Master file
•All answers must be printed in black ink or typewritten
•Applicant must check the appropriate box(es)
•Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG. Colorado.gov/Liquor1.Appl icant is applying as a/an D Individual D Limited Liability Company D Association or Other D Corporation D Partnership (includes Limited Liability and Husband and Wife Partnerships) 2.A plico If an LLC, name of LLC; c:rtnership, at least 2 partner's names; if corporation, name of corporation 3E0 ��y 7 { <o-G\State Sal es Tax Number Bu siness T elephone 53'12"�4-000, 'l7o., 59lo-l/'5
State ZIP Code Co i o 51':l-State ZIP Code City or Town +es f'ay�lO S051i-
Present Trade Name of Establishment (OBA) Present State License Number Present C lass of License
I -9 h4'35-D0O 1\ Present Expi ration Date 0 -09-zz.. Sect ion A Nonrefu ndable Application Fees• Sect ion B (Cont.) Liqu or License Fees•
D Application Fee for New License ............................................ $1,100.00 D Liquor-Licensed Dr ugstore (County) .................................................. $312.50 D Application Fee for New L icense w/Concurrent Review ............ $1,200.00 D Lodging & Entertainment-L&E (City) ................................................. S500.00 la"'°Applicati on Fee for Transfer ................................................... $1, 100.00 D Lodging & Enter tainment-L&E (County) ........................................... $500.00
Section B Liquor License Fees• D Manager Registration -H & R ................................................................ $75.001---------------------'--------1 D Manager Registration -Tavern ............................................................... $75.00 D 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 ............................... S75.00 D Add Sidewalk Service Area .................................................................... s75.oo D Optional Premises License (City) ......................................................... $500.00 D Arts License (City)········································· ....................................... S3o3.75 D Optional Premises License (County) ................................................... $500.00D Arts License (County) .......................................................................... $308.75 D Racet rack License (City) ....................................................................... $500.00 D Beer and Wine License (City) .............................................................. S351 ·25 D Racetrack License (County) ................................................................. $500.00D Beer and Wine License (County)························································ $436·25 D Resort Complex License (City) ............................................................. $500.00D Brew Pub License (City) ································································ ... · s75o.oo D Resort Complex License (County) ....................................................... $500.00D Brew Pub License (County) ................................................................. S75o.oo D Related Facility -Campus Liquor Complex (City) .............................. S160.00D Campus Liquor Complex (City) ........................................................... s5oo.oo D Related Facility-Campus Liquor Complex (County) ........................ $160.00D Campus Liquor Complex (County)······································· .............. s5oo.oo D Related Facility-Campus Liquor Complex (State) ............................ $160.00D Campus Liquor Complex (State) ......................................................... s5oo.oo D Retail Gaming Tavern License (City) ................................................... $500.00D Club License (City) ............................................................................... S3o3.75 D Retail Gaming Tavern License (County) .............................................. $500.00D Club License (County) ···························· ............................................ s3o3.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50D Distillery Pub License (City)····················· ............................................ s75o.oo D Retail Liquor Store License-Additional (County) ................................ $312.50�Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... $227.50Hotel and Restaurant License (City) ................................................... $500.00 □ Retail Liquor Store (County) ................................................................. $312.50D Hotel and Restaurant License (County) ............................................ S500.00 D Tavern License (City) .......................................................................... $5 00.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $5 00.00D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 □ Vintners Restaurant License (City) ...................................................... $750.00D Liquor-licensed Drugstore (City)·············································· ......... SZ27.5o D Vintners Restaurant License (County) ................................................. $750.00
*Note that the Division will not accept cash
Questions? Visit: SBG.Colorado.gov/Liquorfor more information
Do not write in this space -For Department of Revenue use only Liability Information License Accou nt Number Liability Date License Issu ed Through (Expiration Date) Total
$
Attachment 3
oRa4o4 <12129121 i 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 typedor legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees arenonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorfor more information
Items submitted. please check all appropriate boxes completed or documents submitted ,. Applicant information D A. ApplicanVLicensee identifiedD B. State sales tax license number listed or applied for at time of applicationD C. License type or ot�er transaction identifiedD D. Return originals to local authority (additional items may be required by the local licensing authority)D E. All sections of the application need to be completedD F.Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re
tail License Application
II.Diagram of the premisesD A. No larger than 8 1/2" X 11"D 8. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.)□C. Separate diagram for each floor (if multiple levels)□D. Kitchen - identified if Hotel and Restaurant□E. Bold/Outlined Licensed Premises
Ill. Proof of property possession (One Year Needed)D A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County ClerkIt'!" 8. Lease in the name of the applicant (or) (matching question #2)D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D.Other agreement if not deed or lease. (matching question #2)
IV.Background information (DR 8404-1) and financial documentsD A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors,
partners, members)□8. 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.coml Phone: 844-539-5539 (toll -free)
Colorado Fingerprinting -http://www.coloradofingerprinting.com
Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabsl
Phone: 720-292-2722 Toll Free: 83 3-224-2227
Details about the vendors and fingerprinting in Colorado can be found on CBl's website here:
https:llcbi.colorado.govlsectionslbiometric-identification-and-records-unitlemployment-and-background-checks □C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license□D. List of all notes and loans (Copies to also be attached)v.Sole proprietor/husband and wife partnership (if applicable)□A. Form DR 4679D 8. Copy of State issued Driver's License or Colorado Identification Card for each applicant
VI.Corporate applicant information (if applicable)D A. Certificate of IncorporationD B. Certificate of Good StandingD C. Certificate of Authorization if foreign corporation (out of state applicants only)
VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).D B. Certificate of Good Standing
VIII.Limited Liability Company applicant information (if applicable)
�A.Copy of articles of organization
[':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 applicationD A. $75.00 feeD B. Individual History Record (DR 8404-1)D C. If owner is managing, no fee required
2
DR 8404 (12129/21) Name I Type of License I Account Number
7.Is the applicant (includin g any of the partners if a partnership; members or man agers if a limited li ability company; or officers,Yes No stockholders or directors if a corpor ation) or managers under the age of twen ty-one years?□2
8.Has the applicant (including any of the p artners 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 bever age licen se?□ �b.Had an alcohol beverage license suspended or revoked? □
�c.Had interest in an other 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.
10.
11.
12.
13
13
14.
15.
Has a liquor license application (same license class), that was located within 500 fee t of the proposed premises, been denied within the preceding two years? If "yes", explain in detail.
Are the premises to be licensed within 500 feet, of an y public or private school that meets compulsory education re quirements of Colorado law, or the principal campus of an y college, university or semin ary?
Waiver by local ordinance? Other:
Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor licen se 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 begin s 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 LLDSIRLS.
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 th an (<) 10,0000? NOTE: The distance sh all be determined by a radius measureme n t that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at th e principal doorway of the Licensed LLDSIRLS.
a. For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or be fore January 1, 2016?
b. Are you a Colorado resident?
Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the busin ess and list any current finan cial interest in said business including any loans to or from a licensee.
Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lea se or other
arrangement? D Ownership .e1' Lease D Other (Explain in Detail)
a.If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease:
□
□ l2r or □ □
□ □ NIA .
q/1
□ tJ: It
klltP
12( □
□ �
3 □
Landlord 'Tenant A'Pow N it\-LL-t-6/,�o/z'4 F-Dcn {)V"f\ Q Pr4-i t:_l I 1.r b. Is a percent age of alcoool sales included a s compensation to the landlord? If yes, complete question 16. □ □ c.Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls,partitions, entrances, e xits an d what e ach room shall be utilized for in this business. This diagram should be no larger than 8 112" X 11".
16.Who, besides the owners listed in this application (in cluding persons, firms, partnerships, corporations. limited liability compan ies) 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 wlt>c First Name Date of Birth FEIN or SSN lnteresUPercen tage
Last Name w/� First Name Date of Birth FEIN or SSN lnteresUPercentage
Attach copies df 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.
18.
19.
Optional Premises or Hotel an d Restaurant Licenses with Optional Premises: �,� Has a local ordinance or resolution authorizing optional premises been adopted?
Number of additional Optional Premise areas requested. (See license fee chart)! ,-
For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), in clude a diagram of the service area and documentation received from the local govern ing body authorizing use of the sidewalk. Documen tation may include but is not limited to a stateme nt of use, p:i.tit, easement, or other legal permission s. l�Liquor Licensed Drugstore (LLDS) applicants, answer the following: �"1' a. Is there a pharmacy, licensed by the Colorado Bo ard of Pharmacy, loca ted within the applicant's LLDS premise? If "yes" a copy of license must be attached.
3
"" DR 8404 (12/29/21)
Name Type of license
20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation
� , �a Is the appicantogauizatiUI; aperalsd sclely rar a nalD1al, sodal, fraternal, palriotic, pailical m-altEtic purpose and notforpeamiary gain? � �
b.Is the applicant cxganization a regulady chartered branch. lodge or chapter of a natianaJ organizafioo wtiid1 is operated solely for the D Dobject of a patriotic or fraternal organization or sociely, but not for-pecuniary gain?
c.How long has the club been incoq,c.aatal?
d. Has applicant occupied art eStabisfunent for three years (three years required) that wa::. opeall::d solely for the reasons slated above?
21.Brew.Pub, Distillery Pub or Vlnlnefs Restaurant applicants answer the following:
a. Has the applicant received or applied for a Federaf Pennit? (Copy of permit or application 'IJUSt be attached}
22. Campus Liquor Complex c,pplic:aials answer the roDowing:
a.Is the applicant an instib.dion of higher eduration�
b. Is the applicant a person who a..dla.15 .-ittl lhe instilution of higher education ID provide food savices'?
ff "yes• please provide a copy of lbe contract with the insffll,fi,,n qf higher educ:ation to provide food lSerVices.□ □
23.For all on-premises applicants.
a. Hotel and Restaurant. Lodging and Entertainment, Tavern license and Campus Liquor Complex, the Registered Manager must also submit an
Individual History Record
-DR 8404-I and fingerprint submtted to approved State Vendor through the Veodar"s website.. See application checklist, Section IV, for details.
b. For au Liquor Licensed Dmgskes (UDS) the Pemlilled Manager musl atso submit dl'I � PermitAc•• w , ..
-DR 8000 and fingefprinls.
Last Name of Manager p ocJ Q( {)..Fast Name of Manager JE Us24.Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of
Colorado? If yes. provide name. type of license and aa:aunt nwnber.
25.Related Facilify -Campus l..iquoc Complex applicants answer the following:
a. Is the related facility located within lhe boundaries <Jf1he Campus Liquor Complelc?
If yes, please provide a map of the geographical location within the Campus Liquor Complex.
If no, this 6cense type is not available for issues outside ffll= geogiapta::al location of the Campus Liquor Comp1ex.
b. Designated Manager for Related Facility-Campus Liquor Complex
last Name of Manager FirstName of Manager
26. Tax Information.
a.Has the appl'icant, including it:. manage,, partness, officer, directors, stockholders. members (U..C), managing members (LLC), or any
other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the
payment of any state or local tues, penallies, or interest related to a business?
Yes No□ □ □ �\�
Yes No□
b. Has the applicant, indutfrng it:. manage, partners, officer; diJedors, stackholdefs, members (UC), managing members {LLC), or any 0
other person with a 10% or greater financial interest in lhe applicant failed to pay any fees or sun:harges imposed pursuant to section
44-3--503, CR.S.?
27. If applicant is a corporation, parlnefship, aw" iali a, or 6mited liability company, applicant must Hst all Officers, Directors, General Partners,
and Managing Members. In addition. applicant nwst list any stockholders, partners, or members with ownership of 10% or more In the applicant. AU persons &steel below must also attach form DR 8404-I (Individual Hislory Reconf), and make an appointment with an approved
State Vendor through their website. See application checklist, Section IV, for details.
%Ownedso
%Ownedsn %Owned
Name Home Address, � & State DOB Position %Owned
Name HomeAddress. � & Slate DOB Position %Owned
** If applicant is owned 100% by a parent mmpany, please isl the designalBd principaJ officer on above.
,.. Corporations -the President, Vice-President. Secretary and Treasurer musl be aa:ountad fer above (Include ownership pen:enlage It applicable)
••If t�I ownership percentage disclosed here does not total 100%, appfical d must check this bJx:l2f Applicant affirms that no individual olher than lhesP cf'Sdosed herein owns 10% or nae of the appica,1t dnd does not have financial interest in a
prohibited liquor license pursuant to Arfide 3 or 5, C.R.S.
4
,. DR 8404 (12/29/21) Name I Type of License I Account Number
Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the 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 Au�!%;; I., rrinted Name and Titl�-�rl .be I Ll.)f\C\'1-10-� �
Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority
Cl l r3 1-, <h"'Z.Z-I Date of local authority hearing (f�i l��la;��nnot be less than 30 days from date of application)
The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: D Fingerprinted D Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) D Date of inspection or anticipated date D Will conduct inspection upon approval of state licensing authority
D Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-Yes No premises sales in a jurisdiction with a population of> 10,0000? □ □
D Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-□ □ premises sales in a jurisdiction with a population of< 10,0000?
NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.
D Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived □ □ from the sale of food, during the prior twelve (12) month period?
The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved.
Local Licensing Authority for !Te lephone Number I D Town, City D Countv Signature Print Title Date
Signature Print Title Date
5
:oR s41>4-t (03/20119) COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the foDowing persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; an principal officers of a corporation, an 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 Entt:ilauunent class of relai icense
Notice: This individual history record requires information that is necessmy for the licensing investigation or inquily. All questions
must be answered in their entirety or-the license aJ4,6 :a'-in may be delayed .x deRied. If a question is not applicable, please indicate
so by •NJA•. Any deliberale mislepresenlafMI or material onlission may jeopmdim 1he &cense app-cation. (Please attach a
separate sheet if necessmy to enable you 1D answer questions complelei)')
05/1
6.List all employment wi1hin the last five years. Include any se1f-employment (Attach separate sheet if necessary)
Address (Slreef, Naanber. City. Slam, Zip} Position Held From
7.List the name(s) of retalive:5 wwwu1y in or holding a financial ■den!sl iD lhe Cabado -=obol bcwuage industry.
To
To
Name of Relative Relationship to You Position Held Name of Licensee
8.Have you ever applied ior. held, or bad an interest in a Colorado Liquor ot Beer I ireose. or loaned money,
furniture, fixtures, equipment or -to any Iii a e? (If yes, answer in detail)
9.Have you ever received a violation notice. SU5jJei ISioi i. or revocatioo for a liquor law 'Violation, or have you
applied for or been denied a liquor or beer license anywhere in the United Slates? (If explain in detail.)
0Yes �o
□Yes
Attachment 4
A ..10.Have you ever been convided of a aime or received a suspended sen1ence, defened t.etde.tce. or forfeited D Yes 121"No bail for any offense in aimir.al or miifary anut or do you have any pending? (If yes. explain in detail)
11.Are you amenlly under probation (supesvised or-unsupervised). parole. or completing the requiremenls of a
deferred sentence? (If yes. explain in detail)
12.Have you ever had any p1ofessioaal licensP s11speoded, revoked, or denied? (If yes. explain in detail)
Personal and Financial Information □Yes No
cl U.S. Citizen D Yes la'No
q. Do yuu hale ae:fYes □No
•t ;� ·� _.__._:..�-:-111 ; :_• I•• l ti ,t � and state.
14.Fina
a. Tota�. price or investment being made by the applying entity, mp01atiou, parbestip, limited fiabilily company, other.
b.�st� amount of the "'1)81-ISOllc:nn:aaf"" investment, made by� person listed on question��� including any
notes, loans, cash. services Of" equipm:mt. opeiating capilal. stock purdrases or fees paid_$ __ • __ o ______ _
*If corporate investment only please skip to amt complete 9eCtion (d}
** Section b should reflect the IDt:al of sections c and e
c.Provide details of 1he pessonal investment described in 14b. You must aa:mmtfor all of the smm:es of this investment.
(Attach a separate sheet if needed)
Type: cash, Services or Equipment Account Type Bank Name Amount
LA 50.000
d.Provide details of the corporate investment desaibed in 14 (a). You must aa:ount for all of the sources of this investment (Attach a
separate sheet if needed)
Equipment Loans Account Type Bank Name Amount
e.loan lnfonnation (Allach alpies of noles or loans)
Name of Lender Address
• tbatthis
Oath of Appllcant
and all aHachmerds are
Terna Security Amount
lo the best of
OR 8404-1 (03/20/19) COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the foUowing persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 100/4 or more of the partnership; an 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 Entertaimnent 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 entirely or the licensP application may be delayed or denied. If a question is not applicable, please indicate so by •NJN. Any deliberale misreplie s e 1tatiun or naate.ial omission may jeopanfize the license application_ (Please attach aseparate sheet if necessary to enable you to answer questions mmplelely)
To Current 1041 O'S/+
Previous
6.List all employment within 1he last five years. Include any selHfflrployment (Attach separate sheet if necessary)
To
7.List the name(s) of relatives wmtmJg in or tdding a filalDdl interest io fhe Cobado alcohol be.,e,age mduslry..
Name of Relative Relationship to You Position Held Name of Licensee
8.Have you ever applied for. held. o.-bad an inleresl in a Coloradoliplror Beer License. or loaned money.furniture, fixtures, equipment or iml'enlDfy to any licensee? (If yes, answer in detail)
9.Have you ever received a viola&Jn notice, &USpB1Siou, or revocation for a liqmr law W>lalion, or have youapplied for or been denied a licp:lr or beer license anywhere in the United Stales? (lfyes, explain in delail.)
□Yes IZfNo
DR 8404-1 (03/20/19)
10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited left bail for any offense in criminal or military court or do you have any charges pending? (If yes, 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 yes, explain in detail.)D 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
d.U.S. Citizen D Yes 0'fSo
p.Gender
14.Financial Information.
g.Name of District Court
........ ...... ..... mber and state .
a.Total�rchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.
$ QOD
b.List the total amount of the personal investment , made by the person listed on question #2, in ·s business including any
notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ __,=-=0�•_0:::......00--==------
*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
a. 5 cso.oo
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
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address
Bank Name Amount
Term Security Amount
correct and com lete to the best of mTitle ���rlL�:::::::. ____ _.b:!�:WJ;��ill,CL_ _ _j__[l.Yd,_��--���:z....
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Attachment 5
--�--• TOWN OF ESTES PARK_
July 5, 2022
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
Dear Ms. Williamson:
RE: El Mex-Kal Restaurant
Apodaca-Garcia, Jesus Hernaldo Luna-Gomez, Benita Isabel
A check of the Estes Park Police Department local records on the above business
and individuals was conducted. The system reports date back to possibly
October of 2004 or more recently when our system upgraded in December 2020.
Unfortunately, there is limited information in the update. There are no reports
involving the business. Jesus Apodaca is listed as a Victim of Theft and
Criminal Mischief. There are no other reports involving the individuals.
Core;i( Pass
Interim Chief of Police, Estes Park Police Department
170 MACGREGOR A VE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org
Police Department
Corey P. Pass, Interim Chief of Police
970-586-4000
www .estes.org/pd
Attachment 6
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson
Date: July 12, 2022
RE: Resolution 56-22 Transfer of Ownership from Bowl Fort Collins LLC dba
Chipper’s Estes Park Lanes to EP Lanes LLC dba The Bull Pin, 555 S. St.
Vrain Avenue, Lodging & Entertainment Liquor License.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Transfer an existing liquor license located at 555 S. St. Vrain Avenue to the applicant,
EP Lanes LLC.
Present Situation:
A Lodging & Entertainment Liquor License is currently held at the location referenced
above by Bowl Fort Collins LLC dba Chipper’s Estes Park Lanes. The applicant is
requesting a transfer of the license and submitted a complete application to the Town
Clerk’s office on June 24, 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 current staff are TIPS trained.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to EP Lanes LLC dba The Bull Pin.
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
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 Lodging & Entertainment liquor license to EP Lanes
LLC dba The Bull Pin.
Budget:
The fee paid to the Town of Estes Park for a Lodging & Entertainment 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 Lodging & Entertainment liquor license is $869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny Resolution 56-22 for the transfer of the Lodging &
Entertainment liquor license filed by EP Lanes LLC dba The Bull Pin.
Attachments
1. Procedures for Transfer
2. Resolution 56-22
3. Application
4. Individual History
5. Diagram
6. Police Report
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application to transfer a Lodging & Entertainment liquor license to EP Lanes
LLC dba The Bull Pin and confirm the following:
The application was filed June 24, 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:
Unscheduled X Completed X Pending Confirmation
MOTION:
I move to approve/deny Resolution 56-22
Attachment 1
RESOLUTION 56-22
APPROVING A TRANSFER OF A LODGING AND ENTERTAINMENT LIQUOR LICENSE
FROM BOWL FORT COLLINS, LLC DBA CHIPPER’S ESTES PARK LANES TO EP
LANES LLC DBA THE BULL PIN, 555 S. ST. VRAIN 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 July 12, 2022 for a
Transfer of a Lodging and Entertainment Liquor License, filed by Bowl Fort Collins, LLC
dba Chipper’s Estes Park Lanes to EP Lanes LLC dba The Bull Pin, 555 S. St. Vrain
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 Lodging and Entertainment
Liquor License, filed by EP Lanes LLC dba The Bull Pin, 555 S. St. Vrain Avenue, Estes
Park, Colorado.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 2
DR 8404 (12/29/21)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Colorado Liquor
Retail License Application □New License □ New-Concurrent � Transfer of Ownership □ State Property Only □ Master file
•All answers must be printed In black Ink or typewritten•Applicant must check the appropriate box(es)•Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG. Colorado.gov/Liquor
1.Applicant is applying as a/an D Individual 181 Limited Liability Company D Association or Other D Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships)
2.Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation FEIN Number
EP Lanes LLC 88-2TT58462a. Trade Nam e of Establishment (OBA) l s4�3e7/q N/�ter Business Telephone
The Bull Pin (970)305-9705
3.Address of Premises (specify exact location of premises, include suite/unit numbers)
555 S. St. Vrain Ave City
Estes Park
4.Mailing Address (Number and Street)1 i 3a v✓-: Al �n,eJe\
5.Email Address . ��J-/51
County State ZIP Code
Larimer co 80517 City or Town State Zl�ode � /Le t-./ 0 o of ?o C)J_)t,
info@estesparkbowl.com
6.If the premises currently has a liquor or beer licens e, you must answer the following questionsPresent Trade Name of Establishment (OBA)
Chipper's Lanes
I Present �te License Number I Present Class of License l/ I -'B'l 7t-ootJ '-I Uc Pres ent Expiration Date
I )/1 )) d--Section A Nonrefundable Appllcatlon Fees* Section B (Cont) Liquor License Fees*
D Application Fee for New License ............................................ $1,100.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50
D Application Fee for New License w/Concurrent Review ............ $1,200.00 � Lodging & Entertainment-L&E (City) ................................................. $500.00 � Application Feefor Transfer ................................................... $1,100.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00 Section B Liquor License Fees* D Manager Registration - H & R ................................................................ $75.00
0 Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -Tavern ............................................................... $75.00
D Manager Registration -Lodging & Entertainment... ............................. $75.00 0 Add Related Facility to Resort Complex$75.00 X Total D Manager Registration -Campus Liquor Complex ............................... $75.00 0 Add Sidewalk Service Area .................................................................... $75.00 D Optional Premises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) .......................................................................... $308.75 D Racetrack License (City) ....................................................................... $500.00 D Beer and Wine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 0 Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00 0 Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 0 Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County) ................................ $312.50 D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... $227.50 0 Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50 0 Hotel and Restaurant License (County) ............................................ $500.00 0 Tav ern License (City) .......................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. $750.00
*Note that the Division will not accept cash
Questions? Visit: SBG. Colorado.gov/Liquor for more Information
Do not write In this space -For Department of Revenue use only
Liability Information License Account Number I Liability Date I License Issued Through (Expiration Date) Total
$
Attachment 3
oR5404 <12129121 i Application Documents Checklist and Worksheet
Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant�-All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorfor more information
Items submitted. olease check all aoorooriate boxes comoleted or documents submitted
I.Applicant informationD A. Applicant/Licensee identifiedD B. State sales tax license number listed or applied for at time of applicationD C. License type or other transaction identifiedD D. Return originals to local authority (additional items may be required by the local licensing authority)D E. All sections of the application need to be completedD F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re-
tail License Application
II.Diagram of the premisesD A. No larger than 8 1/2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.) □C.Separate diagram for each floor (if multiple levels)□D. Kitchen -identified if Hotel and Restaurant□E. Bold/Outlined Licensed Premises
Ill. Proof of property possession (One Year Needed) D A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk D B. Lease in the name of the applicant (or) (matching question #2) D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D. Other agreement if not deed or lease. (matching question #2)
IV.Background information (DR 8404-1) and financial documentsD A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors,
partners, members) □B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor.
Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
ldentoGO -https:lluenroll.identogo.coml Phone: 844-539-5539 (toll-free)
Colorado Fingerprinting -http://www.coloradofingerprinting.com
Appointment Scheduling Website: http:l/www.coloradofingerprinting.com/cabsl
Phone: 720-292-2722 To ll Free: 833-224-2227
Details about the vendors and fingerprinting in Colorado can be found on CBl's website here:
https:l/cbi.colorado.gov/sections/biometric-identification-and-records-unitlemployment-and-background-checks D C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license D D. List of all notes and loans (Copies to also be attached)
V.Sole proprietor/husband and wife partnership (if applicable)0 A. Form DR 4679D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant
VI. Corporate applicant information (if applicable)D A. Certificate of IncorporationD B. Certificate of Good StandingD C. Certificate of Authorization if foreign corporation (out of state applicants only)
VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).D B. Certificate of Good Standing
VIII.Limited Liability Company applicant information (if applicable)D A. Copy of articles of organizationD B. Certificate of Good StandingD C. Copy of Operating Agreement (if applicable)D D. Certificate of Authority if foreign LLC (out of state applicants only)
IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor
Complex licenses when included with this applicationD A. $75.00 feeD B. Individual History Record (DR 8404-1)D C. If owner is managing, no fee required
2
DR 8404 (12/29/21)
Name Type 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.
Yes No □[&]
□[&]□[&]□[&]
9.Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the D [&]preceding two years? If "yes", explain in detail. _____________________________ _
10.Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of
Colorado law, or the principal campus of any college, university or seminary?□[&]
or
Waiver by local ordinance? D D
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 D
13 b. Are you a Colorado resident? D [&]
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 I&] SilHmD1 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 D D arrangement? D Ownership � Lease D Other(Explain in Detail) ________________________ _
a.If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease:
Landlord Te nant
AKSOLOGY LLC EP Lanes LLC
b.Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16.
Expires
06/30/25
I&] □
c.Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls,
partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1 /2 " X 11 ".
16.Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money,
inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary.
Last Name / First Name Oat of Birth Interest/Percentage
� 00..h 5!k. l-e,-5e..
Last Name 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 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?D 0 If "yes" a copy of license must be attached.
3
DR 8404 (12/29/21)
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 fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details.
b.For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application
-DR 8000 and fingerprints.
Last Name of Manager L / """J 0()....,
24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of
Colorado? If yes, provide name, type of license and account number.
25. Related Facility -Campus Liquor Complex applicants answer the following:
a. Is the related facility located within the boundaries of the Campus Liquor Complex?
If yes, please provide a map of the geographical location within the Campus Liquor Complex.
If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex.
b.Designated Manager for Related Facility-Campus Liquor Complex
Last Name of Manager First Name of Manager
Yes No □0(□ □
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 O l)(f'other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section
44-3-503, C.R.S.?
27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners,
and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more In the
applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved
State Vendor through their website. See application checklist, Section IV, for details.
Name Home Address, City & State
Name
Name
Name
Name
Brian Hauser 36805 N 30th St Cave Creek, AZ
Austin Sloan
Kyra Stark
Home Address, City & State
2311 S. Fenton Dr. Lakewood, CO
Home Address, CitY, & State
)-311 5: re M
Home Address, City & State
Home Address, City & State
DOB
DOB
-If applicant is owned 100% by a parent company, please list the designated principal officer on above.
Position
Member
Position
Member
Position
Member
Position
Position
%Owned
50
%0Wned
49
%Owned
1
%Owned
%Owned
-Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable)
-If total ownership percentage disclosed here does not total 100%, applicant must check this box:
� Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a
prohibited liquor license pursuant to Article 3 or 5, C.R.S.
4
DR 8404 (12/29/21)
Name Type of License 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.
Printed Name a
Report and Approval of Local Licensing Authority (City/County)
Date of local auth · hearing (for new license applicants; cannot be less than 30 days from date of application)
1' ''?.,. ;z,,-Z.,
The Local Licensing Authority Hereby Affirms that each person required to file OR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has
been: 2 Fingerprinted
� Subject to background investigation, including NCIC/CCIC check for outstanding warrants
That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with
and aware of, liquor code provisions affecting their class of license
(Check One) D Date of inspection or anticipated date ________ _
� Will conduct inspection upon approval of state licensing authority
D Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off
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 Trtle 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application Is approved.
Local Licensing Authority for Te lephone Number
Signature Print
Signature Print
5
Trtle
Title
D Town, City D Coun
Date
Date
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, andlimited 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 indicateso 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 NumberEP Lanes LLC 630-661-8974
2. Your Full Name (last, first, middle) 3. List any other names you have usedHauser, Brian, James
4. Mailing address (if different from residence) Email Address brian@estesparkbowl.com5.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 36805 N 3oth St Cave Creek, AZ, 85331 04/15/16 Previous
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
Vactor Mfg 1621 S Illinois Street, Streator, IL 61364 RSM 08/01/14
Champion Properties of Arizona 36805 N 30th St, Cave Creek, AZ 85331 CEO 08/01/20
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 ,Nit
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, 0Yes �Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
I
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you 0Yes �Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
Attachment 4
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.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)
Personal and Financial Information
□Yes �No
□Yes �No
□Yes �No
Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal
information re uired in uestion #13 is solel for identification ur oses.
Dekalb, IL d. U.S. Citizen �Yes 0No
14.Financial Information.
f.When
p. Gender
Male
g. Name of District Court
a.;otal pu0ase price or 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. $ _2-'0..,_,0;;_0;;_0�--------
*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
Cash Checking Chase
Amount
20,000
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
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address
Oath of Applicant
lication and all attachments are truePrint Signature r.7'...., Ht1tAJ</"
Bank Name Amount
Term Security Amount
correct and com lete to the best of m knowled e.
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "NIA". Any deliberate misrepresentation or materlal omission may Jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
1.Name of Business Home Phone Number 'Cellular Number
EP Lanes LLC 970 231 6851 970 231 6851
2. Your Full Name (last, flrat, middle)3.Llst any other names you have used
Sloan, Austin, Keith NIA
4. Malling addreu Of different from residence)Email Address
2311 S Fenton Dr. Lakewood, CO 80227 austin@aksloan.com
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)
Street and Number City, State, Zip From To
Current
2311 S Fenton Dr. Lakewood, CO, 80227 07/03/21 06120122
Previous
2035 E Watson Dr. Tempe, AZ., 85283 05114113 07102/21
6.List all employment within the last five years. Include any self-employment (Attach separate sheet if necessary)
Name or Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
AKSOLOGY LLC 2035 E Watson Dr, Tempe, AZ., 85283 Owner 08101 113 06120122
NIA N/A NIA
NIA NIA NIA
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
Name or Relative Relationship to You Position Held Name of Licensee
NIA NIA NIA NIA
NIA NIA NIA NIA
NIA NIA NIA NIA
NIA NIA NIA NIA
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,0Yes 181Nofurniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
NIA
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes 181Noaoolied for or been denied a liQuor or beer license anywhere in the United States? (If yes, explain in detail.)
NIA
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes [&I No bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
N/A
11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a OYes l&!No deferred sentence? (If yes, explain in detail.)
N/A
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 reauired in auestion #13 is solely for identification purposes. c. Place of Birth I �Yes ONoWichita, Kansas d. U.S. Citizen e.If Naturalized, state where f. When g. Name of District CourtN/A N/A N/A h. Naturalization Certificate NumberN/A i.Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card NumberN/A N/A
�ln,HairColor -- I
p.GenderMale I q.Do you have a current Driver's License/ID? If so, give number and state.� Yes D No # St ate
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. $ 20 000
*If corporate Investment only please skip to and complete section {d)** Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)Type: Cash, Services or Equipment Account Type Bank Name Amount
Cash Checking Fidelity 20,000
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
N/A N/A N/A N/A N/A
e. Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount
N/A N/A N/A N/A N/A
Oath of Applicant I declare under oenaltv of oeriurv that this aoolication and all attachments are true correct and comolete to the best of mv knowledae. A�� � 2 --I Print Signature Austin Sloan ITitle Member I Date 06/20/22
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "NIA". Any deliberate misrepresentation or material omission may jeopardize the license application. {Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Business Home Phone Number I Cellular Number
EP Lanes LLC (970)481-9079 (970)481-90792. Your Full Name (last, first, middle)3.List any other names you have used
Kyra Jean Stark N/A 4.Mailing address Of different from residence)Email Address
2311 S Fenton Drive, Lakewood, CO 80227 Kyra.stark@hotmail.com 5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary)Street and Number City, State, Zip From To Current
2311 S Fenton Drive Lakewood, CO 80227 07/03/21 06/20/22 Previous
275 Peck Lane Estes Park, CO 80517 09/21/18 07/03/21 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
Jefferson County School District 1829 Denver West Dr, Golden, CO 80401 Guest Teacher 08/31 /21 06/20/22
Denver Public School District 1860 Lincoln St, Denver, CO 80203 Guest Teacher 08/31/21 06/20/22
Estes Park School District 1505 Brodie Ave, Estes Park, CO 80517 Teacher 08/31/20 05/27/21
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.Name of Relative Relationship to You Position Held Name of Licensee
N/A N/A N/A N/A
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,0Yes �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 181 Noapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes l&INobail 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 OYes I&} No deferred sentence? (If yes, explain in detail.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes �NoPersonal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reauired in auestion #13 is solelv for identification ourooses.
1 . D e i I----c. Place of Birth I �Yes Estes Park d. U.S. Citizen ONoe. If Naturalized, state where f. When g. Name of District CourtNIA NIA NIA h. Naturalization Certificate NumberNIA i. Date of Certification j. If an Alien, Give Alien's Registration Card Number'k.Permanent Residence Card NumberNIA NIA
� Eye Color t. Gender
Female lq.Doyouhave acu�?lf so.-:::_� Yes D No # State
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. $ 1 000
*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)
T:,pe: Cash, Services or Equipment Ac count"fype Bank Name Amount
Services-1ime and Effort NIA NIA $1,000
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,Ype Bank Name Amount
NIA N/A N/A N/A N/A
. -I Ir In ( 1pi �f 111 n ,t r Ioan ) Name of Lender Address Term Sec urity Amount
N/A N/A N/A N/A N/A
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv knowledae. Authori� Signature <� I Print Signature Trtle IDate
/ .A��-Kyra Stark Member 06/20/22 I/
Continuation of Individual History Record -Kyra Stark
5.Include any previous addresses within the last five years (continued)
4246 East Maplewood Way, Centennial , CO 80121
10/20/17 -7/19/18
6.List all employment within the last five years (continued)
Jubilations Catering 215 Virginia Dr, Estes Park, CO 80517 Catering/Events Mgr
9/20/19 -10/3/20
Bishop Machebeuf High School 458 Uinta Way, Denver, CO 80230 Teacher
10/20/17 -5/28/18
Department of the Interior 1000 US-36 , Estes Park, CO 80517 Laborer
6/1 /13 -4/20/20
Smokin' Dave's BBQ & Brew 228 Main St, Ly ons, CO 80540 Server 6/1 /18-
8/10/20
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Attachment 5
--D-. -TOWN OF ESTES P.AR1'_
July 5, 2022
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
Dear Ms. Williamson:
RE: The Bull Pin
Hauser, Brian
Sloan, Austin
Stark, Kyra
-
A check of the Estes Park Police Department local records on the above business
and individuals was conducted. The system reports date back to possibly
October of 2004 or more recently when our system upgraded in December 2020.
Unfortunately there is limited information in the update. There are no criminal
reports involving the business or the individuals listed.
-::? Corey P. Pass
Interim Chief of Police, Estes Park Police Department
170 MACGREGOR AVE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org
Police Department
Corey P. Pass, Interim Chief of Police
970-586-4000
www .estes.org/pd
Attachment 6
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson
Date: July 12, 2022
RE: Resolution 57-22 Transfer of Ownership from CS & CS LLC dba Coffee on
the Rocks to CS & MS Inc. dba Coffee on the Rocks, 510 Moraine
Avenue, Lodging & Entertainment Liquor License.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Transfer an existing liquor license located at 510 Moraine Avenue to the applicant, CS &
MS Inc.
Present Situation:
A Lodging & Entertainment Liquor License is currently held at the location referenced
above by CS & CS LLC dba Coffee on the Rocks. The applicant is requesting a
transfer of the license and submitted a complete application to the Town Clerk’s office
on June 27, 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 transfer is due to a reorganization of the business from an LLC to a Corporation
and the replacement of Carl Scott with Mackenzie Scott. Chuck Scott is still a member
of the new corporation.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to CS & MS Inc. dba Coffee on the Rocks.
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
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 Lodging & Entertainment liquor license to CS & MS Inc.
dba Coffee on the Rocks.
Budget:
The fee paid to the Town of Estes Park for a Lodging & Entertainment 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 Lodging & Entertainment liquor license is $869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny Resolution 57-22 for a Lodging & Entertainment liquor license
filed by CS & MS Inc. dba Coffee on the Rocks.
Attachments
1. Procedures for Transfer
2. Resolution 57-22
3. Application
4. Individual History
5. Diagram
6. Police Report
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application to transfer a Lodging & Entertainment liquor license to CS & MS
Inc. dba Coffee on the Rocks and confirm the following:
The application was filed June 27, 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:
Unscheduled X Completed Pending Confirmation
MOTION:
I move to approve/deny Resolution 57-22
Attachment 1
RESOLUTION 57-22
APPROVING A TRANSFER OF A LODGING AND ENTERTAINMENT LIQUOR LICENSE
FROM CS & CS LLC DBA COFFEE ON THE ROCKS TO CS & MS INC. DBA COFFEE
ON THE ROCKS, 510 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 July 12, 2022 for a
Transfer of a Lodging and Entertainment Liquor License from CS & CS LLC dba Coffee on
the Rocks to CS & MS Inc. dba Coffee on the Rocks, 510 Moraine Avenue, Estes Park,
CO; 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 CS & MS Inc. dba Coffee on the Rocks, 510 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 2
DR 8404 (12/29/21)
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: SBG.Colorado.gov/Liquor
1.Applicant is applying as a/an D Individual Limited Liability Company D Association or Other D Corporation D Partnership {includes Limited Liability and Husband and Wife Partnerships)
2. AppliQ_rf aiLC\[\.J'e o�� �rtnership, at least 2 partner's names; if corporation, name of corporation
2a. Trade Name of Establishment OBA) State Sales Tax Number
9'{3
Nonrefundable Appl ication Fees* Section B (Cont.}
FEIN Number
Present Expi rati on Date Jul
0 Applic ation Fee for New License ............................................ $1,100.00 0 Liquor-Licensed Drugstore (County) .................................................. $312.50
0 Application Fee for New License w/Con current Review ............ $1,200.00 � Lodging & Entertainment- L&E (City) ................................................. $500.00 �Application Fee for Transfer ................................................ $1.100.00 0 Lodging & Entertainment- L&E (County) .......................................... $500.00
Section B Liquor License Fees* 0 Manager Registration -H & R ................................................................ $75.00 1--------------------'--------, 0 Manager Registration -Tavern ........................................................... "tt,J75.000 Add Optional Premises to H & R ......... $100.00 X ___ Total __ _ 0 Manager Registration - Lodging & Entertainment. ............................... $75.00 0 Add Related Facility to Resort Complex$75 00 X Tota l □Manager Registration -Campus Liquor Complex ............................... $75.00 D Add Sidewalk Service Area .................................................................... s75.oo O Optional Premises License (City) ......................................................... $500.00D Arts License (City) ................................................................................ $308.75 0 Optional Premises License (County) ................................................... $500.00D Arts License (County) ·········································································· S308.75 0 Racetrack License (City) ....................................................................... $500.00 0 Beer and Wine License (City) .............................................................. $351.25 O Racetrack License (County) ................................................................. $500.000 Beer and Wine License (County) ........................................................ $436.25 O Resort Complex License (City) ............................................................. $500.00D Brew Pub License (City) .................................................................... s75o.oo O Resort Complex License (County) ....................................................... $500.00D Brew Pub License (County) ................................................................. s75 o.oo O Related Facility - Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City)········· .................................................. s5oo.oo O Related Facility- Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County) ..................................................... s5oo.oo O Related Facility-Campus Liquor Complex (State) ............................ $160.00D Campus Liquor Complex (State) ......................................................... s5oo.oo O Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City)···········································--·································· S308.75 0 Retail Gaming Tavern License (County) .............................................. $500.00D Club License (County) ········································································ S308.75 0 Retail Liquor Store License-Additional (City) ...................................... $227.50D Distillery Pub License (City) ................................................................. s75o.oo O Retail Liquor Store License-Additional (County) ................................ $312.500 Distillery Pub License (County) ........................................................... $750.00 O Retail Liquor Store (City) ....................................................................... $227.500 Hotel and Restaurant License (City) ................................................... $500.00 O Retail Liquor Store (County) ................................................................. $312.50 0 Hotel and Restaurant License (County) ............................................ $500.00 O Tav ern L icense (City) .......................................................................... $500.000 Hotel an d Restaurant License w/one opt premises (City) ................. $600.00 □ Tavern License (County) .................................................................... $500.000 Hotel and Restaurant License w/one opt premises (County) ............ $600.00 □ S Vintners Restaurant License (Ci ty)...................................................... 750.00D Liqu·or-Licensed Drugstore (City)······················································· S227·50 0 Vintners Restaurant License (County) ................................................. $750.00
*Note that the Division will not accept cash
Questions? Visit: SBG.Colorado.gov/Liquorfor more information
Do not write in this space -For Department of Revenue use only
Liability Information License Acco unt Number Liability Date License Issued Through (Expiration Date) Total
$
Attachment 3
□Ra404 (12129121 1 Application Documents Checklist and Worksheet
Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant�-All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG. Colorado.gov/Liquor for more information
Items submitted, please check all aooropriate boxes completed or documents submitted
I.Applicant informationD A. Applicant/Licensee identifiedD B. State sales tax license number listed or applied for at time of applicationD C. License type or other transaction identifiedD D. Return originals to local authority (additional items may be required by the local licensing authority)D E. All sections of the application need to be completedD F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re
tail License Application
II.Diagram of the premisesD A. No larger than 8 1/2" X 11"D B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,
walls, entry/exit points, etc.) □C. Separate diagram for each floor (if multiple levels)□D. Kitchen -identified if Hotel and Restaurant□E. Bold/Outlined Licensed Premises
Ill. Proof of property possession (One Year Needed) D A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk D B. Lease in the name of the applicant (or) (matching question #2) D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D.Other agreement if not deed or lease. (matching question #2)
IV.Background information (DR 8404-1) and financial documentsD A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors,
partners, members) □B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor.
Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
ldentoGO -https://uenro/1.identogo.coml Phone: 844-539-5539 (toll-free)
Colorado Fingerprinting -http://www.coloradofingerprinting.com
Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabsl
Phone: 720-292-2722 To ll Free: 833-224-2227
Details about the vendors and fingerprinting in Colorado can be found on CBl's website here:
https:llcbi.colorado.govlsectionslbiometric-identification-and-records-unitlemployment-and-background-checks □C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license□D. List of all notes and loans (Copies to also be attached)
V.Sole proprietor/husband and wife partnership (if applicable)□A. Form DR 4679D B. Copy of State issued Driver's License or Colorado Identification Card for each applicant
VI.Corporate applicant information (if applicable)D A. Certificate of IncorporationD B. Certificate of Good StandingD C. Certificate of Authorization if foreign corporation (out of state applicants only)
VII.Partnership applicant information (if applicable)D A. Partnership Agreement (general or limited).D B. Certificate of Good Standing
VIII.Limited Liability Company applicant information (if applicable)D A. Copy of articles of organizationD B. Certificate of Good StandingD C.Copy of Operating Agreement (if applicable)D D. Certificate of Authority if foreign LLC (out of state applicants only)
IX.Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor
Complex licenses when included with this applicationD A. $75.00 feeD B. Individual History Record (DR 8404-1)D C. If owner is managing, no fee required
?
DR 8404 (12/29/21) Name I Type of License I Account Number
7.Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers,Yes No stockholders or directors if a corporation) or managers under the age of twenty-one years?□ 00'
8.Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers,stockholders or directors if a corporation) or managers ever (in Colorado or any other state):
a.Been denied an alcohol beverage license?□I&]
b.Had an alcohol beverage license suspended or revoked? □ �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.
10.
11.
12.
13
13
14.
15.
'.._J
Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the □ preceding two years? If "yes", explain in detail. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of □ Colorado law, or the principal campus of any college, university or seminary? or 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? }JW-□
b. Are you a Colorado resident?
Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee.
Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement? qc: . ' _ Ownership Lease D Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease:
If]
�
I
IX!
IX]
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□
□
□
Landlord CJ 'V-�(._Lee_ I Tenant c_r d"" 'r\J �"-lixpire;
,t -Jl -:.2:P:a.
b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16.om-
c.Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls,partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11".
16.Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary.Last Name First Name Date of Birth FEIN or SSN lnteresUPercentage
Last Name First Name Date of Birth FEIN or SSN lnteresUPercentage
Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including
partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement
relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation.
17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises:t-l/► □ □ Has a local ordinance or resolution authorizing optional premises been adopted?
Number of additional Optional Premise areas requested. (See license fee chart) I
18.For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received fromthe local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, orother legal permissions.
19. Liquor Licensed Drugstore (LLDS) applicants, answer the following: N)► a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? □□ If "yes" a copy of license must be attached.
DR 8404 (12/29121)
Name Type of License Account Number
20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No
a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain?
b.Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the □ □ □ □ \>l 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)tyl,. □ □
22.Campus Liquor Complex applicants answer the following:
a.Is the applicant an institution of higher education?
b.Is the applicant a person who contracts with the institution of higher education to provide food services?
If "yes" please provide a copy of the contract with the institution of higher education to provide food services.
23.For all on-premises applicants.
□ □
a.Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an
Individual History Record-DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details.
b.For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application -DR 8000 and fingerprints.
Last Name of Manager (""\ � :) Cl:>\\
First Name of
pz. 24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of
Colorado? If yes, provide name, type of license and account number.Yes No □
25.Related Facility -Campus Liquor Complex applicants answer the following:
a. Is the related facility located within the boundaries of the Campus Liquor Complex?�)A-□ □
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 First Name of Manager
26.Tax Information. Yes a.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any Dother 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 D
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 det ils.
Home Address, City & State
Name Home Address, City & State DOB
Name Home Address, City & State DOB
•• If applicant is owned 100% by a parent company, please list the designated principal officer on above.
Positjen
U"'-'l"lu
Position b� Position
Position
Position
¾Owned
0 ¾Owned
%Owned
¾Owned
•• Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable)
••I� ownership percentage disclosed here does not total 100%, applicant must check this box: fJ 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
DR 8404 (12/29/21)
Name Type of License 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.
Report and Approval of Local Licensing Authority (City/County)
Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application) � J-z.:::1r-J �l,"t..-)�
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 FingerprintedD Subject to background investigation, including NCIC/CCIC check f or outstanding warrants
That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with
and aware of, liquor code provisions affecting their class of license
(Check One) D Date of inspection or anticipated date ________ _ D Will conduct inspection upon approval of state licensing authority
D Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off
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 Tel ephone Number
Signature Print
Signature Print
5
Title
Title
D Town, CityD Count
Date
Date
" 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 "NIA". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
Home Phone Number 1.Name r llin!'!SS ("i'\ u J :..4�c..I Cellular Number ,-.\9-S&'i-o4-f'3 2. Your Full Na.r (last, fir� ��1e) � f coi)-3. List any other names you have usedC:. '-'. /'i..lr o_J , r ea.r-4.Mailing Y dress (if diff�nt from residence) q \) l__,.-. n. \ A Q tl.'\..J.C.... E-iq rwlr-Email Address Qh\)c.lr 6 )_()7, @ Plh�'1. c
5.List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if ne-cessary)
Street and Number City, State, Zip From To Current L\'1_l)o\.e> l'a.\ f\.(2_ t:-,1� f0.-rl �os-1'":/-frcu� A."'c (.D �b II Previous
6.List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary)
Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To
� Po-.r1c_ f cl,�/ f u r-/'9..6S �r.o�',q__ �'V 12..fr, 1'1C)Da.l. 1 )D \� ).., D ;L./ crJv-; t'"cvk cu '
BCffl
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\) P.
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,L£1Yes □Nofurniture, fixtures, equipment or inventory to any Ucensee? (If yes, answer in detail.)
Ci�v-�h �ol � l;,c_' \Jrvdl � c_.r � ('_,.( Ll C..
IF CUN' �Q_,,{' {' I ":; t-.,� er \-\-J Tu-(_.
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you L (es �oapplied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
�
,-
Attachment 4
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.)
12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)
Personal and Financial Information
□Yes .$No
□Yes�
□Yes No
D d.U.S. Citizen Jares D No
g.Name of District Court
h.Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number
14.Financial Information.
a.;ot::il 0�i-.�:;e price or 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 t� 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
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
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address
Oath of Applicant
lication and all attachments are true
Bank Name Amount
Term Security Amount
correct and com lete to the best of m knowled e.
REDACTED
DR 8404-1 (03/20/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Individual History Record
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and
limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any
stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company,
and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and
Lodging and Entertainment class of retail license
Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a
separate sheet if necessary to enable you to answer questions completely)
Home Phone Number
3.List any other names you have used
City, State, Zip From To
Current L\C\D '.20\7
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
s10 Z0\7
7.List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
To
Name of Relative Position Held Name of Licensee
8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money,
furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.)
9.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you
applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.)
□Yes �No
□Yes �No
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited OYes �No 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 OYes ll) No deferred sentence? (If yes, explain in detail.)
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 required in question #13 is solely for identification purposes. 1 c.��c:e of Birth i\ lr')(�VI le I t=l I d. U.S. Citizen �Yes ONo e.If Naturfilized, s tate where f.When I g. Name of District Court
h. Natu ralization Certificate Number Ii. Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card Number
Ip.Gender I q. Do you have a cu rrent Driver's License/ID? If s�e . .\=,maAP I05fves □No ,__State 14.Financial Information.a. ;ota) p�hase price or 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 anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ C)"
•If corporate investment only please skip to and complete section (d)/
••Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
e: Cash, Services or Equipment Account Type Bank Name
k_\/A-
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
�\/IA-
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address Term Security Amount
'N,//)r '/
Oath of Applicant I declare under,penaltv of periurv that this aoolication and all attachments are true correct and complete to the best of mv knowledae.
A�dSl ur� / 1m��r;;;· e, � . �l, ,-+ llitC)
(A)r)k'y I Date A,A &ll�/tl. ,
REDACTED
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----1�-•TOWN OF ESTES P�
July 5, 2022
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 80517
Dear Ms. Williamson:
RE: Coffee on the Rocks
Scott, Mackenzie A.
Scott, Charles K.
A check of the Estes Park Police Department local records on the above business
and individuals was conducted. The system reports date back to possibly
October of 2004 or more recently when our system upgraded in December 2020.
Unfortunately there is limited information in the update. There are no criminal
reports involving the business or the individuals listed.
Sincerely,
Corey P. Pass
Interim Chief of Police, Estes Park Police Department
170 MACGREGOR AVE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org
Police Department
Corey P. Pass, Interim Chief of Police
970-586-4000
www.estes.org/pd
Attachment 6
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on ACTION ITEM 1.
Ordinance 08-22 Amending Chapter 10.04 Of the Estes Park Municipal
Code Regarding the Model Traffic Code for Colorado, Revised 2020.
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.
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.
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeremiah Polucha, Interim Captain of Operations
Date: July 6, 2022
RE: Ordinance 08-22 Amending Chapter 10.04 of the Estes Park Municipal
Code Regarding the Model Traffic Code, Revised 2020.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To consider Ordinance 08-22, Amending Chapter 10.04 of the Estes Park Municipal
Code, and Adopting the 2020 Model Traffic Code by Reference.
Present Situation:
• In 2012, the Town adopted the 2010 revision of the Model Traffic Code (MTC)
and a 9-page Appendix. Parking regulation within the Appendix were further
revised in 2013.
• In 2019, the Town adopted the 2018 revision of the MTC and replaced the 9-
page Appendix with new provisions to Title 10 of the Estes Park Municipal Code
(EPMC). The new provisions to Title 10 included year-round and seasonal
parking regulations, timed parking regulations, and paid parking regulations.
• In 2020, the State of Colorado published the 2020 revision of the MTC, which
replaced the 2010 version of the MTC.
• In 2022, the Town learned that the 2018 revision of the MTC was a draft version,
not a final publication. The revision was ultimately finalized with a 2020
publication date.
• Town staff would like to clarify that the easily accessible provisions of the 2020
MTC are the laws that apply within the Town.
• On June 14, 2022, Police Department (PD) staff appeared before this Town
Board to formally set the public hearing and meet publication requirements set up
in State Statute 31-16-202 & 31-16-203 for the adoption of the code.
Proposal:
The attached ordinance modifies the EPMC to adopt the 2020 MTC, replacing the 2018
MTC draft.
Advantages:
Adopting the latest version of the MTC enables the Town to ensure uniformity of basic
road rules, uniformity of local traffic regulations, standardization of traffic regulation and
control on streets that are state highways, and compatibility of traffic ordinances with
State and national vehicle codes.
Disadvantages:
None
Action Recommended:
The PD staff recommend adopting Ordinance 08-22.
Finance/Resource Impact:
None
Level of Public Interest
The known level of public interest in this item is low.
Sample Motion:
I move to approve/deny Ordinance 08-22.
Attachments:
1. Ordinance 08-22 Model Traffic Code adoption
2. Model Traffic Code Notice of Public Hearing 2022
3. Link to 2020 Model Traffic Code
ORDINANCE NO. 08-22
AN ORDINANCE AMENDING CHAPTER 10.04 OF THE ESTES PARK
MUNICIPAL CODE AND ADOPTING THE 2020 MODEL TRAFFIC CODE BY
REFERENCE
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Section 10.04.010 of the Estes Park Municipal Code is hereby
amended, by adding underlined material and deleting stricken material, to read as
follows:
10.04.010 - Model Traffic Code adopted.
The Model Traffic Code for Colorado, Revised 20182020, published by the
Colorado Department of Transportation (CDOT), Traffic & Safety Engineering
Branch, 2829 W. Howard Place, Denver, Colorado 80204, is hereby adopted. The
subject matter of the Model Traffic Code relates primarily to comprehensive traffic
control regulations for the Town. The purpose of this Chapter and the Code
adopted herein is to provide a system of traffic regulations consistent with the state
law and generally conforming to the similar regulations throughout the state and
the nation. The 2018 2020 edition of the Model Traffic Code is adopted herein by
reference as a primary code as if though set out at length herein, subject to the
additions and modifications set forth in this Chapter.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this day of , 2022.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the day of , 2022 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2022, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
NOTICE OF PUBLIC HEARING
The Board of Trustees of the Town of Estes Park shall conduct a public hearing
on the 12th day of July, 2022 at 7:00 p.m. in the Board Room of Town Hall, located at
170 MacGregor Ave., Estes Park, Colorado, for the purpose of considering the adoption
of the Model Traffic Code for Colorado, Revised 2020, as the traffic ordinance of the
Town of Estes Park, Colorado.
A copy of the Model Traffic Code for Colorado, Revised 2020 is on file with the
Town Clerk and is open to public inspection at the Municipal Building, 170 MacGregor
Ave., Estes Park, Colorado between the hours of 8:00 a.m. to 5:00 p.m., Monday
through Friday.
The Model Traffic Code for Colorado, Revised 2020, was published by the
Colorado Department of Transportation, 2829 W. Howard Pl., Denver, Colorado, 80204
for the purpose of providing uniform traffic regulation and control in municipalities
throughout the State of Colorado.
PUBLISH: Legal Notice
Trail Gazette
Friday, June 24, 2022 (at least 15 days prior to hearing)
Friday, July 1, 2022 (at least 8 days prior to hearing)
Attachment 2
Page 136
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on ACTION ITEM 2.
Ordinance10-22 Amending Chapter 5.20 Of the Estes Park Municipal Code
Prohibiting the Use of Solid Fuel Burning Exterior Appliances on Vacation
Home and Bed and Breakfast Inn Properties.
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.
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.
TOWN CLERK OFFICE MEMO
To: Mayor Koenig
Board of Trustees
Through: Travis Machalek, Town Administrator
From: Jackie Williamson, Town Clerk
Date: July 12, 2022
RE: Ordinance 10-22 Amending Chapter 5.20 of the Estes Park Municipal
Code Prohibiting the Use of Solid Fuel Burning Exterior Appliances on
Vacation Home and Bed and Breakfast Inn Properties.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
To amend Section 5.20.110 of the Estes Park Municipal Code to add a vacation home
and bed and breakfast inn regulation to prohibit the use of solid fuel burning exterior
appliances by renters.
Present Situation:
Larimer County and the Estes Valley Fire Protection District have worked closely to
regulate the use of solid fuel burning exterior appliances at short term rentals in the
unincorporated areas of the Estes Valley through the adoption of amendments to the
county’s building codes and through the land use code. These changes are intended to
address the extreme fire danger occurring within the Estes Valley, and to address the
fact that in the last five years approximately 60% of structure fires in the valley occur at
short-term rentals.
It was the Fire District’s understanding that County regulations applied throughout the
valley, and therefore, were enforced within the town limits. During recent discussions
with Town staff, it was also understood the Town already had a regulation adopted to
address the use of these devices at short-term rentals by renters.
Proposal:
The proposed ordinance would address the use of such devices by renters of short-term
properties and limit the use to approved devices such as gas-burning outdoor devices
when placed at least 15 feet away from combustibles. This change to the Municipal
Code would align the Town regulations with those adopted by Larimer County to make
enforcement throughout the valley consistent. If adopted, the regulations will go into
effect immediately and would be enforced within town limits by the Code Enforcement
Officer.
It is important to note, the proposed regulations would not apply to the owners of
vacation home during their use of the property and by the owners of a bed and
breakfast inn. This new regulation only applies to renters of the property.
Advantages:
• To align the Town regulations with those adopted by Larimer County for the use of
solid fuel exterior devices at vacation homes and bed and breakfast inns.
• Reduce the number of calls the Fire District responds to at short-term rentals.
• Reduce the fire risk to the Estes Valley, the residents, local businesses, and visitors.
Disadvantages:
• Restricts the use of solid fuel exterior devices by renters and limit the use to gas
appliances.
• The regulation would increase the number of violations issued by the Code
Enforcement Officer.
• May lead to the suspension or revocation of vacation home business license for
properties not in compliance with the regulation.
Action Recommend:
Approval of Ordinance 10-22 to amend the Estes Park Municipal Code as presented.
Finance/Resource Impact:
Cost to codify the amended Municipal Code and the additional enforcement efforts to
address the use of the devices at short-term rentals.
Level of Public Interest
Medium. Vacation homeowners, property managers, and neighboring properties have a
strong interest in amendment to the regulation.
Sample Motion:
I move to approve/deny Ordinance 10-22.
Attachments:
1. Ordinance 10-22
2. Letter from Fire Chief Wolf
ORDINANCE NO. 10-22
AN ORDINANCE AMENDING CHAPTER 5.20 OF THE ESTES PARK MUNICIPAL
CODE REGARDING THE USE OF SOLID FUEL BURNING EXTERIOR APPLIANCES
ON VACATION HOME AND BED AND BREAKFAST INN PROPERTIES
WHEREAS, the Estes Valley Fire Protection District reports that approximately
sixty percent (60%) of residential fires in the Estes Valley involve short term rentals; and
WHEREAS, periods of extreme fire danger are occurring frequently in the Estes
Valley; and
WHEREAS, the regulations in the unincorporated area of Larimer County in the
Estes Valley prohibit the installation and use of exterior solid fuel burning appliances on
short term rental properties; and
WHEREAS, the Town Board of Trustees desires to prohibit the use of exterior solid
fuel burning appliances on vacation home and bed and breakfast inn properties.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: In this ordinance, ellipses indicate material not reproduced as the Board
intends to leave that material in effect as it now reads.
Section 2: Section 5.20.110 of the Estes Park Municipal Code is hereby amended,
by adding underlined material, to read as follows:
5.20.110 - Additional provisions for vacation homes and bed and breakfast inns.
. . .
(e)Operating requirements.
. . .
(18) Use of solid fuel burning appliances located outside the fully contained portion
of the residential structure on vacation home and bed and breakfast inn properties, absent
the presence and oversight of the property owner or designated local representative, is
prohibited. Solid fuel burning appliances include but are not limited to fire pits, outdoor
fireplaces, portable outdoor fireplaces, portable fire pits, briquette or pellet burning grills,
or similar devices. Use of gas burning outdoor devices is not affected by this paragraph,
but may be regulated by other state and local laws, such as the ordinances of the Town
and the adopted fire code.
. . .
Section 3: The Board of Trustees hereby finds, determines and declares this
Ordinance is necessary for the immediate preservation of the health, safety and welfare
of the Town and its citizens, for the purposes of fire safety as the wildfire season begins
and fire danger escalates. Therefore, this Ordinance shall take effect and be in force
immediately after its passage, adoption, and signature of the Mayor.
Attachment 1
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2022.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the day of , 2022 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2022, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ESTES VALLEY FIRE PROTECTION DISTRICT PREVENT PREPARE PERFORM
To: Town of Estes Park-Board
170 MacGregor Avenue
Estes Park, CO 8051 7
From: David Wolf, Ph.D., C.F.O.
Fire Chief
Estes Valley Fire Protection District
chief@estesvalleyfire.org
C: (970) 616-2165
June l 61h, 2022
Subject: Support for Proposed Ordinance Amendment -Short Term Rental Burning Restrictions
Estes Park Town Board,
lam writing to offer the full support of the Estes Valley Fire District for the proposed amendment
of town ordinance that would no longer allow exterior, solid fuel-burning fire pits or appliances at
short term rentals (ST Rs) within the Town of Estes Park.
Over the last five years (2017-2021 ), 60% of the structure fires within the Estes Valley Fire
Protection District have occurred with short-term rentals. As a result, the Fire District has worked
diligently to improve our partnership with the Town and County regarding short-term rental fire
& life safety standards. As a result of these relationships, Larimer County Land Use Code now
reflects a prohibition of all solid fuel-burning exterior fire appliances by transient renters within
the wildfire hazard area of our fire district.
We strive for alignment between all partners whenever possible to ensure consistent messaging.
ensuring all priorities are met while ensuring the best experience for our customers. This
uniformity of standard has greatly increased the effectivenes� of our public education and
outreach programs on fire safety, has made code enforcement more efficient among partner
agencies, and has improved public compliance to the uniform fire safety standard. For
unincorporated Larimer County, these consistent expectations are communicated between
Larimer County regarding solid fuel-burning fire pits and exterior fire appliances into the Fire
District's Short-Tenn Rental Fire & Life Safety Inspection Program.
Estes Valley Fire strongly supports the proposed ordinance that would bring the Town of Estes
Park into alignment with greater Larimer County, and our local Fire District on this highly
consequential fire safety issue.
The Estes Valley Fire District Prevention Division staff and I are available to support education
on the importance of this issue in anticipation of this amendment.
Respectfully Submitted,
Serving the Residents and Visitors of the Estes Valley with Superior Fire and Safety Services
901 N. SAINT VRAIN AVE. ESTES PARK CO 80517 970-577-0900 FAX 970-577-0923
Attachment 2
Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_
6/28/2022 4:24 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's David Basch For
I strongly agree with the Ordinance to restrict outdoor fires at vacation home rentals and B&Bs.
Many of our visitors come from places that do not have the same level of fire danger that we have
in the Estes Valley. They are unaware, and do not understand, the danger that fire poses to our
valley. Thank you.
6/28/2022 5:02 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's catherine orten For
I fully support the proposed ordinance regarding limitation on fuel burning at vacation rental
properties/vrbo's. The statistics cited regarding the volume of issues this has caused at this type of
property speak for themselves. Visitors are often not aware of fire issues or restrictions in place in
the town/county at any given point in time.
6/28/2022 6:27 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's Cheryl Rivard-Baker For
Please restrict fires burning at rental locations. We live here and went thru the wildfires of 2020.
People from outside this area do not understand nor respect the needs of this community. We
must protect the people of our amazing community as well as the wildlife and our homes. We
cannot control what others do so we must protect Estes from human errors as much as possible.
Climate change is imminent. Our world is changing. Please help protect it.
6/28/2022 6:37 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's Brian Holaway For
I support the ordinance that would prohibit the use of all solid fuel fires (campfires, pellet stoves,
outdoor cooking grills) in Short Term Rentals located in the Estes Valley Fire District.
Vacationers in Estes Valley are not aware of the potential of a small campfire rapidly turn into a
catastrophic wild land fire. Increased frequency of high winds and reduced rainfall in Estes Valley
have placed this region at a greater risk for additional fire events, similar to those experienced in
2020.
Owners and managers of Short Term Rentals need to improve communication to prospective
renters by advising renters of all safety precautions, including the prohibited used of solid fuels.
This communication should occur coincident with the renter signing the short term lease.
6/28/2022 8:21 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's Elizabeth Kostiuk For
I support this Ordinance 100%. My house is surrounded by rental homes and I constantly see
renters sitting around an open fire while drinking alcohol and having a good time late into the
evening. It is a good bet that the renters are not thinking about fire safety. I am constantly worried
that they are unaware of how dry the conditions are and the potential for ambers and cigarette
butts to ignite the dry vegetation. The landscaping of rental properties around my house are also
not well maintained to minimize spread of fires (i.e., excessive pine cones, untrimmed trees next to
house, etc). I will be very happy and relieved if this ordinance passes. Thank you for your
consideration.
Public Comment received by 2022-07-08
6/29/2022 7:37 AM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's Cynthia Minier For Totally support this!
6/29/2022 12:18 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's Virginia Hutchison For
Yes, please adopt this ordinance.
Estes Valley year-round resident,
Ginny Hutchison
6/30/2022 4:40 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's Lisa Hutchins For
I am greatly in favor of the proposed ordinance and applaud the work of the Estes Park town staff
and the fire department. According to the National Park Service, a whopping 85 percent of wildfires
are caused by careless human activity. So many of our beloved visitors seem to lose their senses (in
both good ways and bad) when visiting the mountains, or else they come from parts of the country
where wildfires are not an issue. I hope the town board will adopt this ordinance immediately and
thank you for giving this proposed ordinance your consideration.
7/1/2022 11:25 AM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's Rachel Ames For
I support this ordinance. Transient visitors may not be aware of how susceptible the area is to
wildfires and thus should not be put in the position where they might create one. Thanks.
7/6/2022 4:13 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's DAVID A HENRY For
I, David Henry, a resident of the Town of Estes Park at 1931 Crags Court, support the passage of the
Ordinance that would amend section 5.20.110 of the Estes Park Municipal Code to Restrict Outdoor
Fires at Vacation Home Rentals and B&Bs.
In support of my position, I submit the following:
(1) Such ordinance is strongly supported by the Fire Chief and personnel of the Estes Valley Fire
District.
(2) In the last 5 years, 60% of the structure fires in Estes Valley occur at Vacation Home Rentals --
strongly indicating that significant restrictions are needed to prevent fires in the Valley that
endanger residents, public and private property, and fragile wildlife.
(3) I have personally witnessed billowing flames from fire pits on wood decks next to dry grass open
space in my own neighborhood.
(4) I was forced to evacuate my home during the 2020 fires and never want to experience that fear
and grief again especially caused by careless persons who do not have a personal stake in our
Valley.
7/6/2022 4:37 PM
Ordinance 10-22 - Regarding Use of Solid Fuel
Burning Appliances at VHR's and BNB's Victoria J Henry For
I, Victoria Henry, Town of Estes Park resident at 1931 Crags Court, support passing Ordinance 10-22
to amend section 5.20.110 of the Estes Park Municipal Code to Restrict Outdoor Fires at Vacation
Home Rentals and B&Bs.
I submit the following to support my position:
(1) The ordinance is strongly supported by the Fire Chief and personnel of the Estes Valley Fire
District and will put the Town in alignment with surrounding County areas.
(2) In the last 5 years, 60% of structure fires in our Valley occur at Vacation Home Rentals,
indicating that restrictions are needed to prevent fires that (a) endanger our residents, visitors,
public and private property, and fragile wildlife, and (b) cost significant tax dollars.
(3) I have witnessed billowing flames from fire pits on wood decks next to dry grass open space
close to my home.
(4) We all recall the fear and grief caused by fires in our Valley community in 2012, 2020, and 2021,
and must take this important step to prevent future fires.
7/8/2022 11:31 AM Ordinance 10-22.Laraine C. Nelson For
We favor Ordinance 10-22 to restrict vacation home rentals from using outdoor appliances that
cause fires. It's our understanding that in the past 5 years, 60% of structure fires in Estes Park and
Estes Valley occurred at these rentals. We recommend that you vote in favor. Thank you!
Laraine & Jim Nelson
Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_
7/8/2022 12:52 PM General Public Comment.Jean Lindholm Against
REGARDING THE UPCOMING MEETING WITH PRPA ON 7-12-2022
PLEASE DO NOT TAKE AWAY RIGHTS OF PEOPLE WHO USE SOLAR ENERGY AND/OR WANT TO.
PRPA WOULD DO WELL TO LOOK TOWARD WAYS TO CONVERT FROM COAL TO RENEWABLE
ENERGY TO SAVE THEIR COMPANY RATHER THAN PENALIZING THOSE PERSONS WHO ARE USING
RENEWABLE ENERGY NOW OR WANT TO IN THE FUTURE. MANY PEOPLE ARE WAKING UP TO THE
NEED TO SAVE OUR PLANET. PRPA AND OUR TOWN BOARD WOULD DO WELL TO DO THE SAME.
7/8/2022 1:05 PM General Public Comment.Michael Lindholm Against
REGARDING THE UPCOMING MEETING WITH PRPA ON JULY 12,2022.
BASED ON THE EXISTENTIAL THREAT OF GLOBAL WARMING WE NEED TO ENCOURAGE, NOT
INHIBIT, ALL EFFORTS TOWARD RENEWABLE ENERGY.
RESIDENTIAL AND MUNICIPAL SOLAR ENERGY IS ONE WAY TOWARD THE GOAL OF A RENEWABLE
ENERGY FUTURE.
THIS ISSUE IS BEYOND ANY CONSIDERATION OF CORPORATE PROFITS. IT IS A QUESTION OF OUR
CIVILIZATION SURVIVING.
General Public Comment received by 2022-07-08
Town Clerk <townclerk@estes.org>
Ordinance 10-22
1 message
Tony Schetzsle <tschetzsle@yahoo.com>Sat, Jul 9, 2022 at 5:58 AM
To: "wkoeinig@estes.org" <wkoeinig@estes.org>, "swebermeier@estes.org" <swebermeier@estes.org>,
"mcenac@estes.org" <mcenac@estes.org>, "khazelton@estes.org" <khazelton@estes.org>, "bmacalpine@estes.org"
<bmacalpine@estes.org>, Patrick Martchink <pmartchink@estes.org>, "cyoungland@estes.org" <cyoungland@estes.org>
Cc: "townclerk@estes.org" <townclerk@estes.org>, "jwilliamson@estes.org" <jwilliamson@estes.org>, Machalek
<tmachalek@estes.org>
RE: Ordinance 10-22 Amending Chapter 5.20 of the EstesPark Municipal Code prohibiting the Use of Solid Fuel BurningExterior Appliances on Vacation Home and Bed and Breakfast InnProperties.
Mayor, Mayor Pro Tem, Trustees:
I am a full-time Town of Estes Park resident residing at 2020Monida Ct. I respectfully ask that you approve Ordinance 10-22and prohibit the use of solid fuel burning exterior appliances byShort Term Rental (STR) guests. The rationale for implementingthis ordinance is self-evident.
·Per the Estes Valley Fire Protection District (EVFPD), for
the last five years, 60% of all structural fires in the Estes Valley
occur at STRs.
·The majority of STRs in Estes Park are in residential
zones where Town citizens live. It follows that Town residents
living next to or near a STR have increased exposure to structural
fire spread.
·STRs in Estes Park would normally have to comply with
the applicable provisions of the International Building Code which
are more considerate of life, safety and fire. However, the
EVFPD on March 22, 2017, approved a resolution to support
amendments proposed by the Town of Estes Park to adopt a far
PUBLIC COMMENT RECEIVED 2022-07-11
lesser fire standard contained in the International Residential
Code for these ‘hotels’.
· With the EVFPD resolution in hand, the Town of Estes
Park Trustees approved Ordinance 12-17 reducing fire safety
standards for STRs on May 23, 2017. There were two ‘No’ votes
cast that night by Mayor Pro Tem Koenig and Trustee Martchink.
· Again, since 2017, 60% of structural fires are on STR
properties. This Town ordinance complements that of the County
making it applicable throughout the entire Estes Valley.
Ordinance 10-22 should be approved and adopted immediatelywith Trustees voting in favor unanimously.
Respectfully,
Tony Schetzsle
Think Green! Print this message only if you must.
Board of Trustees Public Comment Form
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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
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Deborah Anne Bruce
For Against Neutral
Ordinance 10-22.
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The statistics show a excess of fire incidents occurring in Vacation Home Rentals.
Clearly this needs to be addressed.
PUBLIC COMMENT RECEIVED 2022-07-12 BY NOON
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
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.
Sharon Brubaker
For Against Neutral
General Public Comment.
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Please, no VRBO fires as proposed by our Fire Chief