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PACKET Town Board 2019-04-09
The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 9, 2019 7:00 p.m. 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. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated March 26, 2019 and Town Board Study Session Minutes dated March 26, 2019. 3. Family Advisory Board Minutes dated March 7, 2019 (acknowledgement only). REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. RODEO COMMITTEE UPDATE. Rodeo Committee Member. 2. ESTES VALLEY INVESTMENT IN CHILDHOOD SUCCESS. Executive Director Almond. LIQUOR ITEMS: 1. NEW BEER & WINE LIQUOR LICENSE FILED BY STANLEY WELLNESS CENTER, LLC DBA ASPIRE RESIDENCES AT THE STANLEY HOTEL, 520 STEAMER DRIVE, ESTES PARK, CO 80517. Town Clerk Williamson. 2. NEW LODGING & ENTERTAINMENT LIQUOR LICENSE FILED BY HANSEN & DALE PROPERTIES, INC., DBA THE INN ON FALL RIVER, 1660 FALL RIVER ROAD, ESTES PARK, CO 80517. Town Clerk Williamson. Prepared 03-29-2019 *Revised 04-05-2019 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE "PARK AND RECREATION FACILITIES" USE REVISING THE DEFINITION, REVISING THE PERMITTED USES TABLES, AND ADDING SPECIFIC USE STANDARDS. Planner Woeber. Distinguish between Public and Private Recreation Facilities, and prohibit Private Recreation Facilities in residential zoning districts. ACTION: 1. PROFESSIONAL CONTRACTS FOR BROADBAND START-UP. Director Bergsten. Professional Services Agreements with Five Year Terms and Over $100,000; Marketing, Call Center Consulting, Technical Software and Broadband Development. REQUEST TO ENTER EXECUTIVE SESSION: For discussion of specialized details of security arrangements or investigations – Section 24- 6-402(4)(d), C.R.S. ADJOURN. * 2 Town of Estes Park, Larimer County, Colorado, March 26, 2019 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 26th day of March, 2019. Present: Todd Jirsa, Mayor Cody Rex Walker, Mayor Pro Tem Trustees Carlie Bangs Patrick Martchink Ron Norris Ken Zornes Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Trustee Marie Cenac Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. GRADUATION CEREMONY: 2019 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Jirsa, Public Information Officer Rusch and Town Administrator Lancaster presented each participant a certificate of completion. AGENDA APPROVAL. It was moved and seconded (Norris/Bangs) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Judy Smith/Town citizen invited the Board to the Junior Election event on April 24, 2019 at the High School library and provided an outline of the event in which the students would ask questions and raise concerns for the Board to address. Charley Dickey/Town citizen stated the strength of the Board is the diversity of the members and stated appreciation for the efforts of the Board. TOWN BOARD COMMENTS Trustee Zornes stated he would be attending the Open Lands Advisory Board meeting on March 25, 2019. Trustee Norris stated the Estes Valley Planning Commission held their regular scheduled meeting and recommend a code change to the park and recreation definition in the Development Code for consideration by the Town Board and County Commissioners. The Family Advisory Board would meet on April 4, 2019. The childcare and housing taskforce continue to meet with community groups to hear issues and discuss ideas. Mayor Pro Tem Walker thanked newly elected Larimer County Commissioner John Kefalas for his attendance at the recent Economic Development Corporation meeting. Mayor Jirsa stated he had the distinct honor of meeting with the elders of the Arapaho tribe during a recent visit. Platte River Power Authority (PRPA) would meet on March 29, 2019 to hold interviews for their General Counsel. Trustee Bangs informed the community the next Trustee Chat would be held on March 28, 2019. The Transportation Advisory Board (TAB) discussed updating the trail plan and updating the status of current trails. Trustee Martchink stated the Parks Advisory Board (PAB) would bring forward an update to the noxious weed ordinance. DRAFT3 Board of Trustees – March 26, 2019 – Page 2 TOWN ADMINISTRATOR REPORT. Administrator Lancaster brought forward the PABs request to review changes to the noxious weed ordinance at a study session in May. The Board agreed to the addition. Administrator Lancaster stated the next round of FLAP grant funding has been announced. The Town has been encouraged to apply again as the Moraine Avenue grant submitted during the last round of funding was close to being awarded. Additional grant funds for local transportation improvements would be announced. Staff would consider applying for the Rockwell bridge and channel improvements within the Hwy 36 and Hwy 34 corridor to address flooding in the downtown area. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated March 12, 2019 and Town Board Study Session Minutes dated March 12, 2019. 3. Estes Valley Planning Commission Minutes dated February 19, 2019 and Study Session Minutes dated February 19, 2019 (acknowledgment only). 4. Parks Advisory Board Minutes dated February 21, 2019 (acknowledgement only). 5. Transportation Advisory Board Minutes dated February 20, 2019 (acknowledgement only). 6. Continue the Public Hearing date of March 26, 2019 to April 9, 2019 for a New Beer & Wine Liquor License filed by Stanley Wellness Center, LLC dba Aspire Residences at the Stanley Hotel, 520 Steamer Drive, Estes Park, CO 80517, due to failure of publication of the legal notice by the Trail Gazette. 7. Resolution 06-19 Setting the Public Hearing date of April 9, 2019 for a New Lodging & Entertainment Liquor License filed by Hansen & Dale Properties, Inc., dba the Inn on Fall River, 1660 Fall River Road, Estes Park, CO 80517. 8. Appointments to the Transportation Advisory Board. Tom Street, Reappointment, 3-year term expiring March 31, 2022. Linda Hanick, Reappointment, 3-year term expiring March 31, 2022. It was moved and seconded (Zornes/Martchink) to approve the Consent Agenda Items, and it passed unanimously. 2. LIQUOR ITEMS: 1. TRANSFER OF A HOTEL & RESTAURANT LIQUOR LICENSE HELD BY NICKY’S RESTAURANT & LOUNGE LTD dba NICKY’S RESTAURANT & LOUNGE TO PARK RESORTS PROPERTIES LLC DBA NICKY'S STEAKHOUSE & LOUNGE, 1350 FALL RIVER ROAD, ESTES PARK, CO 80517. Town Clerk Williamson presented the application to transfer the current Hotel and Restaurant Liquor license. All required paperwork and fees were submitted and a temporary was issued on February 28, 2019. TIPS training has been completed. It was moved and seconded (Walker/Martchink) to approve the Transfer of Ownership from Nicky’s Restaurant & Lounge Ltd dba Nicky’s Restaurant & Lounge to Park Resorts Properties LLC dba Nicky's Steakhouse & Lounge, 1350 Fall River Road, Hotel and Restaurant Liquor License, and it passed unanimously. 3. ACTION ITEMS: 1. FAMILY ADVISORY BOARD FOCUS AREA. Assistant Town Administrator Machalek stated the committee has recommend a 2019 focus area of “identifying barriers to family success in Estes Park”. It was moved and seconded DRAFT4 Board of Trustees – March 26, 2019 – Page 3 (Norris/Bangs) to approve the Family Advisory Board Focus Area for 2019, and it passed unanimously. 2. RESOLUTION 04-19 CONTRACT WITH CDOT TO RESURFACE EAST ELKHORN AVENUE. Director Muhonen stated the Resolution would authorize the resurfacing 0.4 miles of East Elkhorn Avenue using funds provided by the Colorado Department of Transportation (CDOT) not to exceed $400,000 if the Town can obtain favorable bids for the work. Town staff will be responsible for the project management of the paving project. Kent Smith/Town citizen stated appreciation for staff’s creativity in addressing the project and improving the image of the community even though the maintenance of the State highway is the responsibity of CDOT. It was moved and seconded (Martchink/Norris) to approve Resolution 04-19, and it passed unanimously. 3. RESOLUTION 07-19 SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2019 BUDGET. Mayor Jirsa opened the public hearing. Director Hudson stated the Resolution would re-appropriate the remaining balance of 2018 purchase orders in 2019 to fund the completion of projects and/or the acquisition of goods or services. The Resolution also addressed a number of items not included in the original 2019 budget such as a wage correction in the General , Light & Power and Water funds, funding for improvement to the audio/visual systems in the Board Room, acquisition of a second bus, a facility needs assessment, and funding and reimbursement for the Elkhorn paving project. As there were no public comments the Mayor closed the public hearing. It was moved and seconded (Walker/Zornes) to approve Resolution 07-19, and it passed unanimously. 4. RESOLUTION 08-19 BUDGET AMENDMENT FOR BROADBAND “SEED MONEY”. Mayor Jirsa opened the public hearing. Director Hudson presented the Resolution to appropriate $3 million from the Light and Power fund as seed money as start up funds for the new Broadband division of the newly formed Power and Communication fund. The seed money would allow the newly formed division to begin service, verify and firm up equipment and operating needs, and verify the total construction funding needed before issuing debt. Once revenue bonds are issued, the IRS tax code has timelines for expenditure of the bond proceeds to maintain tax exempt status. The build out of initial services would occur in Ravens Circle and Carriage Hills. The project would require the addition of four new lineworker positions, a fiber technician, two customer service representatives and a sales/marketing consultant. Jon Nicholas/EDC Executive Director stated the EDC Board supports the Resolution and phasing of the project. Charley Dickey/Estes Valley Partners for Commerce are in support of the project. He questioned if the project could be funded through revenues rather than issuing additional debt. Mayor Jirsa closed the public hearing. It was moved and seconded (Walker/Norris) to approve Resolution 08-19, and it passed unanimously. 5. RESOLUTION 09-19 BOND REIMBURSEMENT. Director Hudson informed the Board the Resolution was required to notice the bond market of the Town’s intent of issuing bonds and repaying the Light and Power (Power and Communication) fund with revenues from bond proceeds up to $4.5 million. It was moved and seconded (Martchink/Zornes) to approve Resolution 09-19, and it passed unanimously. 6. DESIGN CONTRACTS FOR US36 AND COMMUNITY DRIVE ROUNDABOUT. Director Muhonen presented two change orders to perform the preliminary and DRAFT5 Board of Trustees – March 26, 2019 – Page 4 final design and construction management for a new roundabout at the intersection of Hwy 36 and Community Drive. Staff proposed a change order for MTJ Engineering to complete the design and construction management, and a change order for Cornerstone Engineering for design and construction management. The total cost of the change order requested would be $331,756. The completion of the shovel-ready design and bid package for the roundabout, refined engineer’s construction cost estimate, and construction management of the project would elevate the Town’s eligibility for additional grant funding for the project. Those speaking in favor of the contract and the roundabout included Ann Finley/TAB member, Tom Street/TAB member, Christy Crosser/Pinewood resident, and Charley Dickey/Town citizen. John Meissner/Town citizen stated uncertainty of the benefits of the roundabout and stated concerns with the potential of accidents caused by the roundabout. He questioned if the roundabout could be replaced if it does not perform as expected. Board discussion was heard with the Board requesting additional alternatives for the sidewalk improvements and the addition of two lanes for the entire roundabout. It was moved and seconded (Norris/Bangs) to approve the change orders with MTJ Engineering and Cornerstone Engineering for the design and construction management of the US36/Community Drive roundabout in the amount of $331,756, and it passed unanimously. 7. APPROVAL OF THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT FOR TOWN ADMINISTRATOR LANCASTER. Attorney White reviewed the amendment stating Town Administrator Lancaster provided his intent to retire on October 1, 2019. His current contract ends June 2019, therefore, an extension of the contract through October 1, 2019 was prepared to allow the effective transition between Lancaster and the new Town Administrator. It was moved and seconded (Bang/Martchink) to approve the first amendment to the employment agreement for Town Administrator Lancaster, and it passed unanimously. 8. INTERVIEW COMMITTEE FOR TRANSPORTATION ADVISORY BOARD. It was moved and seconded (Zornes/Norris) to appoint Trustee Bangs and Trustee Martchink to the Transportation Advisory Board interview committee, and it passed unanimously. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Martchink/Zornes) to discuss a personnel matter under Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees – Town Administrator Position, and it passed unanimously. The Board entered Executive Session at 8:42 p.m. and concluded at 8:53 p.m. Whereupon Mayor Jirsa adjourned the meeting at 8:53 p.m. Todd Jirsa, Mayor Jackie Williamson, Town Clerk DRAFT6 Town of Estes Park, Larimer County, Colorado March 26, 2019 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 Rooms 202/203 in said Town of Estes Park on the 26th day of March, 2019. Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs, Cenac, Martchink, Norris and Zornes Attending: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs, Martchink, Norris and Zornes Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Town Attorney White, Town Clerk Williamson and Recording Secretary Beers. Absent: Trustee Marie Cenac. Mayor Jirsa called the meeting to order at 5:04 p.m. INTRODUCTION TO WATER RATES STUDY PROCESS. Director Bergsten stated every three years a rate study is conducted to ensure adequate funding for safe, reliable, well maintained and efficient water system. He introduced Shawn Gaddie, General Manager with AE2S Nexus to provide a review of the water rate study, focus areas and process. The presentation included a review of current and future revenue requirements of the utility and provided recommendations for the water systems financial planning and cost of service-based ratemaking. He stated the primary objective of the study would be to develop a financial plan to fund major capital replacements including ongoing distribution system renewal needs and an anticipated replacement of the Glacier Creek Water Treatment Plant Expansion project. He reviewed the four-step process which would include: revenue requirements determination, cost of service analysis (COSA), rate design; and revenue adequacy or financial plan. The future revenue requirement considerations are ranked on a 10-year basis. He stated the replacement of the Glacier site in 2024-2025 is estimated at $35 million dollars and is mandated by the state. Staff anticipates 20% in grant funding to offset the expense of the Glacier site. A review of the current rates was provided. Key consideration would be to balance fixed versus variable revenue to determine stable revenue generation. Objectives of the plan included; establish funding for reoccurring operations and maintenance expenses; develop and maintain adequate working capital and required reserves; annual capital costs; monitoring debt service coverage; and determine the adequacy of existing rates and identify needs for future rate increases. Additional research would be conducted to determine emergency reserves. The primary objective for earlier and more often rate increases would offset the costs incurred for the Glacier site and avoid rate shock. Staff would begin public outreach through bill inserts, social media, and notification in local newspapers. The next step includes finalizing revenue requirements and cost of service and provide updates at the April 23, 2019 regular Town Board meeting. Board comments have been summarized: what consequences the Town may face if regulatory requirements mandated by the state are not met, whether other municipalities are similar to Estes and do not have a backup water treatment facility given the unique location of the Town, and if studies have determined the projected growth of permanent residents and visitors. “OPEN SPACE” DESIGNATIONS ON PREVIOUS ZONING MAPS. At the August 14, 2018 Town Board Study Session staff recommended to the Board a re-adoption of the Official Zoning Map. Director Hunt stated the symbols showing open space on approximately 80 properties are incorrectly labeled. He stated staff became aware of DRAFT7 Town Board Study Session – March 26, 2019 – Page 2 the zoning map mislabeling during the Dry Gulch property development discussions. Dry Gulch is the most developable property for workforce housing and meets the needs for more intensive development. Attorney White stated the Board made no formal motion to adopt the zoning maps with the open space overlay. He recommended the Board readopt the official zoning map without the cross hatching indicating open space and rely on the underlying zoning to correct the error. The Board was in agreement to bring the re-adoption of the zoning map by staff to a future Town Board meeting. REMOVING 500 FOOT LIMIT FOR LIQUOR LICENSES. Director Williamson requested the Board consider an ordinance to remove the limitation of liquor establishments located within 500 feet of schools. Ordinance 05-18 was passed in 2018 and later approved by the County Commissioners revising the Estes Valley Development Code to allow schools in in all zoning districts as a permitted use or with a special review dependent on the type of school. The Town has over 70 liquor licenses with the majority located in the downtown corridor, which is surrounded by residential properties. Currently the limit would prevent new liquor licenses from establishing in the downtown or other areas of town if a school established a presence in the neighborhood. The change would not take away the Boards ability to review liquor licenses as the licensing authority. She requested consideration of an ordinance to remove the 500-foot limit for liquor license establishments and welcomed Board changes to the draft ordinance. Staff would work with Attorney White to address significant changes required for the Municipal Code related to liquor and bring forward an update to the liquor code and definitions. The Board requested outreach be established with the local school district and Estes Park Option school for feedback on the proposed ordinance. TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Lancaster requested a discussion of Revisions to Stormwater Regulations at the June 11, 2019 study session in response to a non-compliance letter received by the Town from the Colorado Water Conservation Board. Trustee Zornes requested a review on annexations. The Board agreed to add a review of annexations and consideration of a policy at a future study session. There being no further business, Mayor Jirsa adjourned the meeting at 6:09 p.m. Bunny Victoria Beers, Recording Secretary DRAFT8 Town of Estes Park, Larimer County, Colorado, March 7, 2019 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 203 of the Estes Park Town Hall, on the 7th day of March, 2019. Present: Laurie Dale Marshall Carrie Brown Michael Moon Rachel Balduzzi Sue Strom Courtney Hill Nancy Almond Andrea Escorcia – Youth in Action Also Present: Ron Norris, Town Board Liaison Travis Machalek, Assistant Town Administrator Suzanna Simpson, Administration Executive Assistant Absent: Jodi Roman John Bryant Tyler Schmitt Karen Randinitis Guests: Grant Stump, United Way of Larimer County Katherine Chu, Larimer County Chair Marshall called the meeting to order at 3:32 p.m. PUBLIC COMMENTS None FAMILY CONNECTION OPPORTUNITIES Chair Marshall clarified that this agenda item is for members to share opportunities for outreach. Member Balduzzi: The National Park Service is hosting an Earth Day event next month. Member Hill: The Month of the Young Child. Grant Stump: Be Ready Fair takes place April 13, 9 a.m. to noon in the Estes Park Elementary School gym. There is also a Poverty Simulation on March 20. 9 Family Advisory Board – March 7, 2019 – Page 2 Member Almond: Family Community Meeting with families at Lone Tree March 13 at the Community Center, with dinner provided. This is through a grant supporting two- generational work (whole family vs just children). The goal is to talk about what children need to thrive in Estes Park and what resources are available to help. The proclamation for the Month of the Young Child is April 9. TRUSTEE LIAISON REPORT: The Town Board has scheduled two strategic planning sessions in April, the existing plan will be updated late summer. Budget recommendations from staff come from the priorities set at these meetings. The Childcare and Housing Task Force has had a number of meetings with different organizations and individuals that have interest in these areas. The biggest surprise from these meetings was the news that the school district brought in 22 teachers and was able to secure housing for all of them. HB 19- 1052 addressing the Early Childhood Development District is in the Senate. Member Moon will go to speak on behalf of Estes Park. Trustee Norris asked Chair Marshall to send a status update to interested individuals and submit to Michael a list for support of the bill. Trustee Norris explained to the Family Advisory Board that Town Administrator Frank Lancaster learned that the Colorado Municipal League (CML) was intending to take a position against the bill, so he explained the importance of bill to areas such as Estes Park and they decided to be neutral, which helped move it forward. Trustee Norris passed around the guiding principles for the newly formed task force and asked the board to send any recommendations to Executive Assistant Simpson. A main focus is to work on building trust between groups, individuals and town government, to be transparent and listen in small and large groups, follow up on commitments and communicate them in a variety of ways. Travis will send a communication strategy to the Family Advisory Board along with a preliminary list of criteria related to specific recommendations. Important to ensure the action taken is consistent with the strategic plan. APPROVAL OF FEBRUARY MINUTES: It was moved and seconded (Moon/Hill) to approve the February meeting minutes and the motion passes unanimously. REVIEW OF CHILDCARE NEEDS ASSESSMENT Chair Marshall asked if there was a need for more conclusive and accurate waitlist data and is this an important issue for the Family Advisory Board to lead? Discussion took place on the difficulty of obtaining data and what such data would be used for if it were to be collected. Trustee Norris spoke with his daughter as promised at the last meeting 10 Family Advisory Board – March 7, 2019 – Page 3 and she is looking into information on national, state, and other databases covering childcare needs, he expects to have an update by next month’s meeting. Assistant Town Administrator Machalek reiterated that the role of the Family Advisory Board is to make recommendations to the Town Board and cautioned against getting too caught up in the task of collecting data around childcare unless that research is toward the end of making a recommendation. Discussion continued about potential overlap with other groups that are working on childcare and how the Family Advisory Board should approach this topic. Chair Marshall expressed concern over childcare being an identified issue and focus area for the Family Advisory Board in 2018, and if the board is not collecting data, what role will they play in helping move childcare forward? Assistant Town Administrator Machalek stated that the Family Advisory Board should consider whether it achieved the goal of the focus area for 2018 with the recommendations made to the Town Board. 2019 FOCUS AREA Member Moon stated that he wants Estes Park to be a viable community and that means families. He feels it would be useful to create a map of what issues are for families coming here, living here, and leaving and how do we keep them from leaving? In addition, there is what he calls a “paradise gap” where a large number of retired residents do not have a grasp of the issues young families are facing. Chair Marshall mentioned that the upcoming Poverty Simulator is a great program to help bridge the economic and generational gap, and that Communities That Care has identified economic deprivation as a major issue to address. Katherine Chu added that Communities That Care is developing big picture goals around this topic, then will develop more targeted goals and an action plan. Childcare is also a focus area. The upcoming Shared Risk and Protective Factors Conference in May focuses on these issues in resort and rural towns, and this could be a great resource for the Family Advisory Board. Member Moon suggested that the board interviews 10 families in Estes Park to begin painting a picture of what it takes for a family to live here. Vice Chair Balduzzi suggested the creation of a standard set of questions that can be asked across a diverse group of families. It was moved and seconded (Balduzzi/Strom) to make the Family Advisory Board focus area for 2019 “Identifying barriers to family success in Estes Park” and the motion passes unanimously. BOARD RECOMMENDATIONS 11 Family Advisory Board – March 7, 2019 – Page 4 Assistant Town Administrator Machalek advised that all of the 2018 recommendations are under consideration by the Town Board Ad Hoc Task Force on Workforce Housing and Childcare and will be worked into the 2019 strategic plan. MEMBERS: One application was received from the recent advertisement of openings. Assistant Town Administrator Machalek mentioned that the group may want to consider asking the Town Board to change the stated membership number of the Family Advisory Board if recruitment continues to be difficult. The current opening will be changed to April 1 with first review date at the end of April. Member Hill will work on the posting document for an upcoming Friday Folder. OTHER BUSINESS: Member Almond announced that the EVICS Monthly Family Night is March 20 at Community Center, and includes dinner and a parent education hour. This free event is a great place to have conversations with families. The Learning Place is restarting the Family Café which also includes dinner and an activity for families. The next event is March 18. April 2 is the Speak up for Kids Larimer County event. County Commissioners will be there, would be great for someone from the Family Advisory Board to attend. March 15 is a dinner for families in the Lone Tree complex at the Event Center, and Nancy will pass along the information about the Family Advisory Board and the current opening. Chair Marshall suggested having a kit for those attending events on behalf of the Family Advisory Board. This could include the list of questions and the banner. Executive Assistant Simpson can keep this in the Administration office. Seeing no further business, the meeting was adjourned at 4:56 p.m. NEXT MEETING The next meeting of the Family Advisory Board will take place Thursday, April 4 at 3:30 p.m. in room 203 at Town Hall. Suzanna Simpson, Recording Secretary 12 1 Strengthening and supporting families and children in the Estes Valley. Becoming official Family Resource Center April 25: Providing a safe, accessible place for families to connect with comprehensive, coordinated services. Helping Estes Park families and children thrive. www.evics.org 2 I need care, support, and opportunities in order to GROW, LEARN, and SUCCEED! Human Resources Board of Directors Staff Executive Director Assistant Director Parent Education Coordinator Bilingual Parent Educator Early Childhood Navigator Committee and Event Volunteers 3 EVICS Scholarship Program: Original intent – temporary assistance for families who did not qualify for CCAP Increase access and consistency of care Parents contribute to workforce Positive outcomes for children Challenges: Funding sources Limited licensed slots Temporary help for families CCAP waitlist 4 Where do scholarship funds come from? United Way of Larimer County Temple Hoyne Buell Foundation Community Foundation of Northern CO Various other Foundations and Trusts as available Local grants: Rotary Clubs, Thrift Store, Churches Fundraisers Many private, generous donors 5 Estes Valley Childcare Stats Est # of children in EV under age 6 500 Licensed childcare capacity ages 0 - 2.5 10 Licensed childcare capacity ages 2.5 – 6 92 # part-day preschool slots (2.5 - 6)66 Current vacancies (0 - 2.5)0 Current vacancies (2.5 - 6)3 EVICS Childcare Scholarship Data % EVICS Budget spent on scholarships 2018 21% Amount awarded 2018 $37, 654 # children served in 2018 35 Amount awarded to-date 2019 $15,842 # children served to-date 2019 23 6 $20,778.50 $35,352.25 $15,560.50 $16,331.00 $22,828.00 $24,725.00 $26,369.00 $19,423.00 $37,654.00 $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 $30,000.00 $35,000.00 $40,000.00 2010 2011 2012 2013 2014 2015 2016 2017 2018 EVICS Childcare Scholarships Provided $15,842 as of April 2019 $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 $30,000.00 $35,000.00 $40,000.00 2010 2011 2012 2013 2014 2015 2016 2017 2018 Apr-19 EVICS Childcare Scholarships Provided 7 Why is there a CCAP waitlist? Allocation not keeping up with need Increased reimbursement rates to providers (more kids in higher quality programs = fewer kids served) No indication of waitlist ending - reserves utilized 65% 35% 2018 Families on Scholarship Less than 6 months 6 months or more 8 82% 18% 2019 Children on Scholarship Children who would qualify for CCAP Children who don't qualify for CCAP Options: • Increase funding streams for scholarships • Establish a waitlist 9 Options for funding? • Town/Public • Mental Health 1A Funding • Grants • Create Early Childhood Taxing District (future) • Advocacy at County and State levels • Outreach to Business Community • Other ideas? Please join us at the Be Ready Fair This Saturday, April 27 EP Elem School 9 AM - Noon 10 Nancy Almond Executive Director Estes Valley Investment in Childhood Success nalmond@evics.org www.evics.org TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: April 9, 2019 RE: Liquor Licensing: New Beer & Wine Liquor License Application for Stanley Wellness Center, LLC dba Aspire Residences at the Stanley Hotel, 520 Steamer Drive, Estes Park, Colorado Objective: Approval of a new Beer & Wine liquor license located at 520 Steamer Drive, Estes Park, Colorado. Application filed by Stanley Wellness Center, LLC dba Aspire Residences at the Stanley Hotel. Present Situation: An application for a new Beer & Wine liquor license was received by the Town Clerk’s office on February 18, 2019. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement and has not been schedule at the time of this memo. Proposal: To present the application for the Town Board’s review and consideration for a new Beer & Wine liquor license. The licensee has requested the license to serve alcohol on the first floor of the hotel, including an outdoor area, and to serve alcohol on the roof top accessible by hotel guests only. A statement of zoning has been included for the Board’s review outlining the allowable uses in the A-Accommodation zoning district and includes the statement of intent from the Special Review for the Aspire Wellness Complex Phase 1 Development. The Town Clerk’s office has received two letters, attached, and Planning has received 4 or 5 walk ins and phone calls related to the application and the allowed uses, most notably in regards to the rooftop use. Planning staff will be available at the meeting to answer questions related to the use and statement of intent. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. 13 Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the application for a new Beer & Wine liquor license. Budget: The fee paid to the Town of Estes Park for a new Lodging & Entertainment liquor license is $1,112.00. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Lodging & Entertainment Liquor license is $662. Level of Public Interest Low for community and high for the surrounding neighborhood. Sample Motion: The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Based upon these findings, I move that the application for a new Beer & Wine liquor license filed by Stanley Wellness Center, LLC dba Aspire Residence at the Stanley Hotel be approved/denied. Attachments: Statement of Zoning & Statement of Intent Procedure for Hearing Application Individual History Police Report Public Comment 14 Page 1 To: Jackie Williamson, Town Clerk From: Robin Becker, Planner I Date: March 26, 2019 RE: Statement of Zoning –520 Steamer Dr. (Stanley Wellness Center LLC dba Aspire Residence at The Stanley) ______________________________________________________________________________ 1. The above referenced property is zoned A (Accommodations). 2. The A zone district allows for a wide variety of tourist-serving retail and commercial uses. These include but are not limited to, restaurants, bars and gift shops located within highway oriented commercial areas in Estes Park. The proposed liquor license adheres to Code provisions for allowed uses. 3. This zoning approval stipulates in note 24 on the EPMC Wellness Training Center 2nd Amendment Development Plan, “Outdoor activities shall be limited to the ground- floor pool patio area and on the third-floor outdoor roof deck and shall be limited to the aspire wellness use as defined in the statement of intent.” Community Development Memo 15 1 Application for Amendments to Special Review Approval for Aspire Wellness Complex at the Stanley Phase 1 Development Plan January 20, 2016 Updated Statement of Intent Facts: The Town Board approved the EPMC/Anschutz Wellness Training Center Development Plan (“Development Plan”) by Special Review on February 25, 2014, including the Accommodations-1 and Wellness Training Center buildings as the first phase, followed by construction of the Accommodations-2 building as the second phase. The Wellness Training Center was defined in the Contract to Buy and Sell Real Estate between the Town and the Applicant and approved by the voters, as “one or more facilities with integrated programs and operations focused on promoting wellness through lifestyle changes, physical fitness and training, nutrition and medical/personal care treatment.” This definition shall govern the Aspire Wellness Use described in this Statement of Intent. On March 24, 2015, the Town Board approved the following amendments to the Development Plan: (i) phasing was reversed (i.e. construction of the Accommodations- 2 building, formerly the second phase, became Phase 1, with the Accommodations-1 and Wellness Training Center becoming Phase 2); (ii) a 5-foot shift of the location of the Phase 1 building; (iii) inclusion of accessible parking spaces in the Phase 1 parking lot; (iv) updates and revisions to the storm drainage plan to accommodate the amendments; and (v) final architectural elevations for the Phase 1 building. All utilities and infrastructure shown on the amended Development Plan for Phase 1, referred to as Phase 1 of the “Aspire Wellness Complex at the Stanley” have been installed (“Phase 1 Development Plan”), a building permit has been issued for the Phase 1 building and construction of the building and its associated improvements is underway. As the Applicant continued to work through the program and design for the Hotel and Wellness Training Center buildings in anticipation of finalizing Phase 2, it became apparent that the Estes Park Medical Center (“EPMC”) ability to fund an EPMC Wellness Training Center was limited, jeopardizing the delivery of the Wellness Training Center. To address this issue, the Applicant had devised a dynamic new way to accelerate the project by locating the EPMC Wellness Training Center uses in the lower level of the Hotel and in a new partial fourth floor to complete the program. Utilizing this strategy, together with the Applicant’s ability to bring in additional financial partners, the financial risk to EMPC would have been dramatically reduced and the delivery date of the EPMC Wellness Training Center uses would have been expedited to the third quarter of 2016. To accommodate this new direction, on November 6, 2015, the Applicant proposed amendments to the Phase 1 Development Plan, to move the EPMC 16 2 Wellness Training Center use from Phase 2 to the Phase 1 building and to amend the Phase 1 Development Plan to accommodate the inclusion of the use in the building currently under construction. After further discussions, the EPMC has decided to ask the Town Board for an extension of time in order for it to fund and build the Wellness Training Center on its original site in Phase 2, rather than within the Phase 1 Development Plan. The Applicant has decided to amend its pending application to eliminate the proposed enclosed fourth story addition to the Phase 1 building, which addition was necessary to complete the full EPMC Wellness Training Center program. However, not wanting to lose the momentum that has been escalating for the wellness center concept in Estes Park, the Applicant continues to propose the remainder of the amendments outlined in the pending application, including use of the outdoor deck on top of the third floor, in order that wellness uses will be provided by the Applicant within the Phase 1 Development Plan on a more limited basis (“Aspire Wellness Use”). Specifically, the changes now proposed include the following. The lower level of the approved Phase 1 Development Plan building included the hotel entrance, lobby, concierge, a work out room, mechanical areas and restrooms (4,515 SF), plus a large storage area and access corridor (11,242 SF). Plans for the 4,515 SF area remain unchanged, except that the work out room will be shared with the Aspire Wellness Use and is now envisioned as space for cycle training. The Applicant proposes to convert the 11,242 SF lower level storage area and access corridor to the Aspire Wellness Use which includes uses such as research, consultation, massage and recovery, lab services, audio testing, biomechanical and clinical functions, gym and weight training, small group exercise, a pool and locker rooms, plus the necessary corridors, stairways, utility, mechanical, electrical and fire control areas. The storage previously planned for 11,242 SF ground level area of the building will be done off-site in other Stanley buildings. As mentioned earlier, the enclosed fourth floor addition has been eliminated, but the Applicant continues to propose the use of the 3560 SF outdoor deck (eliminating a small 136 SF deck and adding a 246 SF walkway) and the two ground floor patios. Applicant believes that the Aspire Wellness Use will be a great way to introduce the long-awaited wellness use concept in Estes Park that will not only complement the full Wellness Training Center to be completed by the EPMC but hopefully will also pave the way for more productive EPMC fundraising by being an example, on a smaller scale, of an exciting wellness facility in operation in Estes Park. The outdoor deck use will provide a unique and stunning visual and outdoor experience (approximately 80 to 100 days per year) for exercise, relaxation and meditation. As such, the outdoor deck is a key component of the Aspire Wellness Use in this building, which is not viable using only ground floor (basement) space. Requests: In summary, the Applicant requests the following amendments to the Phase 1 Development Plan to allow for the inclusion of the Aspire Wellness Use within the Phase 1 building: (i) conversion of a portion of the ground floor accessory use space to the Aspire Wellness Use; (ii) the addition of two ground floor exterior patios adjacent to 17 3 ground floor for the Aspire Wellness Use, together with associated perimeter landscaping; (iii) the addition of an outdoor deck area and small walkway to the deck on the third floor roof for the Aspire Wellness Use; (iv) changes to the architectural elevations to include the ground floor patios, windows and doors and the two stairway bumpouts that enclose the existing stairways to the third floor roof; and (v) authorization, pursuant to Municipal Code §17.44.060(d)(1), for a height greater than 30 feet as height is measured pursuant to the applicable provisions of the EVDC for the stairway bumpouts and the guard rail around the outdoor deck. 18 4 Statement of Compliance with Applicable Development Plan Review Criteria EVDC Chapters 4 and 7 Nonresidential Zoning Districts (§ 4.4) Uses (§ 4.4.B): Table 4-4 in this section lists permitted uses in the A-Accommodations zone district. Applicant Statement: All of the uses included in Development Plan were approved by the Town Board on February 25, 2014, with the expectation that the Accommodations-1 building and Wellness Training Center would be built in what is now known as Phase 2, and the Accommodations-2 building to be constructed in what is now known as Phase 1. With this application, the Applicant proposes to include the Aspire Wellness Use in Phase 1. The Applicant does not propose any new or different uses. Density and Dimensional Standards (§ 4.4.C): This section lists all of the density and dimensional requirements for the A-Accommodations district. Applicant Statement: The Development Plan and Phase 1 Development Plan complied with all applicable density and dimensional standards. The proposed amendments to the Phase 1 Development Plan continue to comply with the density and dimensional standards, provided that the Town Board approves the Applicant’s request for a building height in excess of 30 feet pursuant to Municipal Code § 17.44.060(d)(1). Building Height (§ 4.4.C): Building height in the Stanley Historic District is governed by Municipal Code §17.44.060(d)(1). Applicant Statement: Please see discussion of the Stanley Historic District standards below. Pedestrian Amenities and Linkage Requirements (§ 4.4.D.4). The Development Plan and the Phase 1 Development Plan complied with the requirements of this section by providing sidewalks, pedestrian linkages and a dedicated easement for Otie’s Trail. Applicant Statement: The proposed amendments to the Phase 1 Development Plan do not eliminate any of the pedestrian amenities or linkages, therefore, it will continue to comply with the requirements of this section. Special Purpose and Overlay Zoning Districts (§ 4.5) Stanley Historic Overlay District (§ 4.5.D): This section requires compliance with the Stanley Historic District Procedures and Standards for Development set forth in Chapter 17.44 of the Municipal Code. 19 5 Applicant Statement: Please see discussion of applicable Stanley Historic District standards below. Grading and Site Disturbance Standards (§ 7.2) This section governs changes to the natural grade, visual impacts of drainage/storm water facilities and the limits of disturbance. Applicant Statement: The approved grading plan for the Phase 1 Development Plan has been revised slightly to allow for the installation of two ground floor patios, one each on the north and west sides, to allow for sunlight to enter the interior spaces. Storm water runoff that results from the addition of these two ground floor patios will be routed to the storm drainage pond which has been installed, and such pond has been designed with sufficient capacity to accommodate this additional runoff. The proposed amendments to the Phase 1 Development Plan continue to meet the requirements of this section regarding drainage/storm water facilities and the limits of disturbance. Please see the attached Addendum to the Phase 1 Final Drainage Report submitted with this application. Tree and Vegetation Protection (§ 7.3) This section governs the preservation of trees and vegetation within and outside the limits of disturbance. Applicant Statement: There are no proposed changes in the quantity of trees and vegetation, but there are minor changes to the location of trees to accommodate the ground level patios. Landscaping and Buffers (§ 7.5) This section establishes standards for aesthetic enhancement; plant materials, sizes and quantities; buffering to mitigate visual and environmental impacts; and parking lot landscaping. Applicant Statement: The only proposed changes to the approved Landscape Plan for the Phase 1 Development Plan are to provide trees and landscaping around the perimeter of the two new ground floor patios. The proposed amendments to the Landscape Plan demonstrate compliance with the requirements of this section. Please see the approved Landscape Plan for the Phase 1 Development Plan and the proposed amendments thereto submitted with this application. Wildlife Habitat Protection (§ 7.8) This section includes standards for development that are designed to protect wildlife species and habitat. 20 6 Applicant Statement: There are no amendments proposed that will change the Phase 1 Development Plan’s approved method for preservation of wildlife habitat and migration. Exterior Lighting (§ 7.9) This section outlines design and height standards for exterior lighting. Applicant Statement: The Applicant proposes no changes to the approved exterior lighting for the Phase 1 Development Plan, but will install additional exterior lighting on the fourth floor to ensure safe use of the roof top deck area. All such lighting shall be down directional and shielded to prevent spillage. Please see architectural building plans submitted with this application. Operational Performance Standards (§ 7.10) This section addresses the imposition of conditions to ensure compatibility with existing uses. Applicant Statement: The Hotel uses within the Phase 1 Development Plan will continue to be subject to the conditions which were imposed with the approval of the Phase 1 Development Plan on March 24, 2015. The Wellness Training Center uses were approved without any conditions, however, the Applicant has agreed to a condition that prohibits amplified sound in the ground floor pool patio area and the outdoor deck on the roof of the third floor. Off-Street Parking and Loading (§ 7.11) This section outlines the required parking including the number accessible parking spaces and a minimum number of off-street loading spaces and bicycle racks. Applicant Statement: Guests: Pursuant to §7.11.D, the Hotel must provide 1 parking space for each guest room 750 SF or less, and 2 parking spaces for each guest room greater than 750 SF. The Hotel includes 40 guest rooms, 32 of which are 750 SF for less and 8 of which are greater than 750 SF, resulting in a total of 48 required off-street spaces. The Applicant does not propose any change to the number or size mix of guest rooms in the Hotel, therefore, the off-street parking plan for the Phase 1 Development Plan will continue to meet the EVDC parking requirements for the Hotel by providing 40 on-site off-street parking spaces, including the accessible spaces required by §7.11.J (1 van accessible and 1 car accessible) and off-street loading spaces required by §7.11.N (2 Type B spaces), plus 8 off-site guest parking spaces pursuant to EVDC §7.11.G.1. Finally, as approved with the original Development Plan on February 25, 2014, the Wellness Training Center use, which is specifically categorized as an Adult Day Treatment Facility for day time use only, 21 7 has no overnight accommodations (guests will lodge in the Hotel) that trigger the provision of additional parking. In the infrequent circumstance, for example during a festival hosted by the Stanley Hotel, guests of another Stanley-managed hotel may be allowed to utilize the Aspire Wellness Use, the Stanley Hotel would be responsible for transportation of these guests to/from the Phase 1 building. In the event that the Applicant decides at some future time, perhaps in conjunction with the development of Phase 2, to open the Aspire Wellness Use to the general public, that proposal together with appropriate mitigation strategies if warranted, would be submitted to the Town for approval. Employees: Also, as approved for the Phase 1 Development Plan on March 24, 2015 pursuant to EVDC §7.11.G.1.a., employee parking for the Hotel will be located off-site at the Stanley Hotel with transportation provided to and from the Phase 1 building. All employees who will be providing housekeeping, janitorial and maintenance services for the Hotel and Aspire Wellness Use will be employees of the Stanley Hotel who will begin and end their day at the Stanley. In addition, the Applicant has already purchased a vehicle for the purpose of transporting the employees from the off-site parking to the Phase 1 Development Plan. Bicycles: There has been no change to the amount of bicycle parking required for the Hotel use and the required amount of bicycle parking will continue to be provided. Adequate Public Facilities (§ 7.12) This section includes regulations is to ensure that all utilities and other facilities and services needed to support development are available concurrently with the impacts of such development. Applicant Statement: Approximately 85-90% of the utilities and infrastructure needed to support the Phase 1 Development Plan have already been installed by the Applicant. Please see the complete set of plans submitted with this application which show all the utility and site infrastructure which has already been approved and is installed or currently under construction. The proposed amendments will not trigger the need for additional sanitation, water, and power services, therefore, adequate public services are currently available. Please also see the fixture count table submitted with this application for verification of the ability to adequately service all such fixtures. Outdoor Storage Areas, Activities and Mechanical Equipment (§ 7.13) This section governs outdoor storage, activities and mechanical equipment. Applicant Statement: None of the proposed amendments to the Phase 1Development Plan necessitate any changes to the outside storage areas, activities 22 8 and equipment, therefore, the amended Phase 1 Development Plan will continue to comply with the requirements of this section. Statement of Compliance with Applicable Stanley Historic District Review Criteria Municipal Code Chapter 17.44 DESIGN AND PERFORMANCE STANDARDS (§17.44.060) Designated building envelopes and view corridors [§ 17.44.060(a)]: This section requires that development maintain the existing views as depicted on the Map of View Corridors on file with the Town Clerk. Applicant Statement: The Phase 1 building is outside of the three view corridors designated for protection in this section. Please see the diagram submitted with this application that illustrates the location of the Phase 1 building outside of the view corridors. Open space [§ 17.44.060(b)]: This standard requires Lot 4 to have a minimum of 30% minimum designated open space. Applicant Statement: The Phase 1 Development Plan, in combination with the then current configuration of the Phase 2 Hotel and Wellness Training Center, provided 124,095 SF of designated open space, or 41% of the total site. The proposed amendments to the Phase 1 Development Plan (together with the Phase 2 building configuration which has not yet been amended), result in 4930 SF or 1% reduction, resulting in 119,165 SF or 40% of the total site area being designated open space, which amount is 10% in excess of the requirement. Site design [§ 17.44.060(c)]: This section includes various requirements that govern design of the site. Applicant Statement: The proposed amendments to the Phase 1 Development Plan do not change the layout of the site, the location of service areas, parking lot buffering or landscaping, or the internal pedestrian network, therefore, the amended Phase 1 Development Plan will continue to comply. Please see the amended Phase 1 Development Plan submitted with this application. Building Design [§ 17.44.060(d)]: Pursuant to Ordinance No. 05-14, the amendments to the Development Plan must comply with the following building design standards: Height [§ 17.44.060(d)(1): Building height is limited to 30 feet unless a greater height is authorized on special review. Applicant Statement: Although §17.44.060(d) prescribes a height limitation of 30 feet, unless authorized by special review, it is not specific as to how the 30 23 9 feet is measured. Therefore, pursuant to §17.44.050(b) which requires special review approvals of projects within the Stanley Historic District to comply with the EVDC and, pursuant to EVDC §1.9.2.E, which sets forth the methodology for calculating building heights on a slope from the existing grade, the Applicant utilized this methodology to calculate the height of the building in the approved Phase 1 Development Plan and the two proposed stairway bumpouts which enclose existing stairways that provide access to the roof of the third floor. When the Town Board approved the Phase 1 Development Plan on March 24, 2015, the height approved for the Phase 1 building ranged from 26.48 feet above existing grade at the lowest point on the uphill side of the building to 35.45 feet above existing grade at the highest point on the downhill side of the building. You will note that the highest point of the building was in excess of 30 feet, but complied with the maximum height allowed as calculated in accordance with the methodology of EVDC §1.9.2.E. This proposed amendment to the Phase 1 Development Plan includes two stairway bumpouts. The height of the ridgeline of the Phase 1 building on its uphill side will be the same height approved with the Phase 1 Development Plan (26.48 feet from natural grade). Stairway Bumpout No.1 is on the downhill side of the buildingand its height is 40.14 feet above natural grade at its highest corner. While that height is 10.14 feet above the 30-foot limitation, it is only 5.99 feet higher than the height allowed (34.6 feet above natural grade) when calculated in accordance with EVDC methodology for calculating building height on slopes. The height of Stairway Bumpout No.2 is 37.44 feet above natural grade at its highest corner. While that height is 7.44 feet above the 30-foot limitation, it is only 4.64 feet higher than the height allowed (32.8 feet above natural grade) when calculated in accordance with EVDC methodology for calculating building height on slopes. Guard rails around the outdoor deck on the third floor roof exceed the maximum height allowed above natural grade in only two measured places and by only 0.805 feet and 0.13 feet respectively. The Applicant has proposed two design options for the stairway bumpouts: Option A is a rectangular design and Option B is an angled design. While the Option A design results in a more uniform and arguably more historical look, the Option B design lowers the height of two corners of each stairway bumpout to a height that complies with, or is less than 1 foot over, the maximum height allowed on a slope. The Applicant’s height calculations are based on surveyed elevations and engineered drawings and, therefore, are as accurate as possible. In the event, however, that actual field construction results in the stairway bumpouts measuring taller than the heights shown on the submitted plans (due to vagrancies in stud lengths, sheathing thickness, shingles layering, flashing, etc. and human measurement interpretations), the Applicant requests that the Town 24 10 Board authorize an increase in the height up to a maximum of six inches over the projected height of the stairway bumpouts. Therefore, Applicant requests authorization from the Town Board to exceed the maximum height limits for the Phase 1 building, up to a maximum of 6 feet, 6 inches over the maximum allowed as calculated in accordance EVDC §1.9.2.E., and offers the following in support of its request: The building design remains (i) complementary to the architectural design of the Stanley Historic Complex, (ii) compatible in size and scale to the Stanley Historic Complex buildings, as required by the applicable building design standards [See Applicant Response to § 17.44.060(f)(4)(a) below], (iii) outside of the protected view corridors, and (iv) due to its location against the backdrop of the mountainous ridgeline and the numerous buildings of the Stanley Historic Complex, it would not significantly impact other views. Note also that the additional height requested is significantly reduced from the height originally proposed for a partial fourth floor addition to the building. Such reduction minimizes, to the maximum extent feasible, potential adverse impacts on nearby land uses. In addition, the stairway bumpouts do not cause either an increase in the amount of impervious surface or a decrease in the amount of open space on the property. Please see the calculations of maximum allowable heights and proposed roof heights and the photo simulations submitted with this application as evidence of the limited impact of the proposed increase in building height. Although the Applicant is no longer proposing the addition of a partial fourth floor, it is interesting to note that eliminating that component from the application results in either a 93.47% or 95.34% reduction (depending on which design option is used) in the volume or mass of the building that would extend above the third floor roof. As proposed, the volume of the two stairway bumpouts represents only 4.66% or 6.53% (depending on which design option is used) of volume or mass of the additions originally proposed with this application on November 6, 2015. Finally, even though the Applicant’s request for a building height in excess of 30 feet is not a variance request (meaning that the request is not subject to either the variance process or the variance standards for review found at EVDC §3.6), the Applicant’s proposal would meet the requirements for a variance. Not allowing the additional height would result in “practical difficulty” as described in §3.6 and allowing the additional height would not nullify or impair the intent and purposes of the height regulations, the EVDC or the Comprehensive Plan. Regarding the practical difficulty that would result from not allowing the additional height, the Applicant asserts that the outdoor deck use will provide a unique and stunning visual and outdoor experience (approximately 80 to 100 days per year) for exercise, relaxation and meditation. As such, the outdoor deck is a key component of the Aspire Wellness Use in this building, without which such use is not believed to be a viable concept (that is, being limited to the ground 25 11 floor/basement space). The additional height requested (a maximum of six feet, six inches) for the stairway bumpouts is not a substantial increase in light of the magnitude of the surrounding mountainous terrain and it would have an insignificant impact on adjoining properties (see the Applicant’s simulations). Furthermore, there is no detriment to the essential character of the neighborhood, since the use is not a new or different use and the architecture of the stairway bumpouts will be consistent with the already-approved architecture of the remainder of the building. Regarding the variance requirement to not nullify or impair the intent and purposes of the height standard, the EVDC or the Comprehensive Plan, the Applicant believes that allowing the additional height to accommodate the stairway bumpouts would promote the intent and purposes of both the EVDC and the Comprehensive Plan in that it would allow development that promotes the health, prosperity and general welfare of the community by strengthening its economic future. Finally, the purpose of the height standard of the Stanley Historic District regulations (i.e. to ensure that development in the foreground of the Stanley Hotel Complex does not destroy its essential historic character or lessen its ability to conduct an economically viable operation) is not impaired, but is instead promoted and enhanced with the realization of the Aspire Wellness Use outside of the protected view corridors. In summary, although the Applicant’s request is not subject to either the process or standards of a variance, the request for additional height would – in addition to complying with the applicable review standards – comply with the requirements for granting of a variance under EVDC § 3.6. Prohibited architectural styles [§ 17.44.060(d)(3]): Applicant Statement: The Applicant does not propose any of the prohibited architectural styles in its amendments to the Phase 1 Development Plan. Roof lines [§ 17.44.060(d)(4)]: Applicant Statement: The Applicant is submitting two design options for the stairway bumpouts on the third floor roof of the Phase 1 building. Option A is a rectangular design, and Option B is angled. Either design option is acceptable to the Applicant and will be consistent with the roof of the Hotel approved by the Town Board for the Phase 1 Development Plan on March 24, 2015. Please see both options submitted with this application. Mechanical equipment [§ 17.44.060(d)(6)]: Applicant Statement: There are no proposed changes to the approved location or screening of the mechanical equipment. 26 12 Skylights [§ 17.44.060(d)(7)]: Applicant Statement: The proposed amendments to the Phase 1Development Plan do not include skylights. Facades [§ 17.44.060(d)(8)]: Applicant Statement: Please see the architectural elevations submitted with this application which visually demonstrate the building’s continued compliance with this standard. Building materials [§ 17.44.060(d)(9)]: Applicant Statement: The Applicant is proposing that the exterior finish of the stairway bumpouts be red shingles with white fascia consistent with the approved building materials for the approved Hotel. Please see the architectural elevations submitted with this application which visually demonstrate the building’s continued compliance with this standard. Based on informal comments from Staff, it is acceptable to Applicant to have the stairway bumpouts finished with red shingles and red fascia that does not cause reflection and is consistent with that used on the Stanley Hotel. Lighting [§ 17.44.060(d)(11)]: Applicant Statement: The Applicant will provide the lighting already approved for the Phase 1 Development Plan, plus down directional lighting for any new outside areas associated with Aspire Wellness Use (i.e. the two ground floor patios and the roof top deck). Building design [§ 17.44.060(d)(12)]: § 17.44.060(f)(4)(a): New buildings shall be located to protect the views of the main hotel and Manor House from the designated view corridors. New buildings shall be designed so that they will not destroy the historic significance of the complex. New buildings should be compatible in scale and size with the existing buildings and be visually subordinate. Applicant Statement: The proposed design of the Phase 1 building with stairway bumpouts on the third floor roof will continue to complement the appearance of the Stanley Historic Complex and function as an extension and diversification of the already successful tourist-oriented attractions and businesses of the Stanley Historic Complex, without detracting from the historical significance and prominence of the Stanley Historic Complex or lessening its ability to continue its economically viable operation. The stairway bumpouts on the third floor roof will not interfere or disrupt views of the Stanley Hotel and the Manor House [see Applicant Statement in response to 27 13 §17.44.060(a) above] as the Phase 1 building is outside of all three protected view corridors. The design of the Phase 1 building with the stairway bumpouts continues to support and protect the historic significance of the Stanley Historic Complex by being sited at a lower elevation that is isolated physically by enough open space to visually separate it from the Stanley Historic Complex buildings, allowing the Stanley Historic Complex to maintain its prominence on the site. Finally, the Phase 1 building will continue to shield views from the Stanley Historic Complex to the back of the Stanley Village commercial development to the south. Please see the architectural elevations submitted with this application for a visual illustration of the building design. § 17.44.060(f)(4)(b): New buildings should be recognized as a product of their own time and be distinguishable from the historic buildings, while remaining visually compatible. New design that creates an appearance inconsistent with the historic character of the Stanley Hotel Complex is not permitted. Applicant Statement: The design of the proposed Phase 1 building that includes the stairway bumpouts will be consistent with that of the approved Phase 1 building. The proposed building will continue to be visually compatible and incorporate elements that are consistent with the historic character of the complex (i.e. an existing shingle clad enclosure on the ridge of the Stanley Hotel adjacent to the cupola), without being the same as the Stanley Historic Complex buildings. The building will continue to be recognizable as a product of its time and contextually compatible with the surrounding site. The variation of construction techniques and detailing continues to meet the Secretary of the Interior’s guidelines for new work in historic contexts. Please see the architectural elevations submitted with this application for a visual illustration of the building design. Signs § 17.44.060(e): Applicant Statement: Signage proposed for the amended Phase 1 Development Plan will be consistent with those already approved and will match those of the Stanley Hotel and meet the size and locational requirements of this section. Statement of Compliance with Applicable Special Review Criteria EVDC § 3.5 STANDARDS FOR REVIEW (§ 3.5.B) Group Living Facilities, Treatment Facility (§ 5.1.I): The Wellness Training Center use was found to be in compliance with this criterion when approved by the Town Board. Applicant Statement: The proposed amendments to the Phase 1 Development Plan do not involve any amendments to the Wellness Training Center use as defined 28 14 in the Facts section on page 1 of this Statement of Intent, therefore, this review criteria will continue to be met for the amended Phase 1 Development Plan. Hotels (§ 5.1.J.1): This criterion limits the area of a hotel dedicated to certain non-living quarter accessory uses to 15% of the gross floor area. Applicant Statement: The gross floor area of the Hotel areas of the Phase 1 building is approximately 33,943 SF broken down as follows: Ground Floor: 4,515 SF (entrance, lobby, concierge, mechanical, restrooms and cycle training) Second Floor : 14,714 SF Third Floor: 14,714 SF Total: 33,943 SF All of the Ground Floor uses are integral to the Hotel use and necessary to Hotel operations, so they are not considered accessory uses. Only the cycle training room could be considered a non-living quarter accessory use to the Hotel, and its square footage (644 SF) is only 1.8% of the gross floor area of the Hotel. Such percentage is less than the 15% maximum allowed in § 5.1.J.1, therefore, this criterion continues to be met. Hotels (§ 5.1.J.2): This criterion limits the area of a hotel devoted to eating/drinking establishments to 25% of the gross floor area. Applicant Statement: The proposed amendments to the Phase 1 Development Plan do not include an eating/drinking establishment, therefore, this criterion continues to be met. Mitigation of Potential Adverse Impacts (§ 3.5.B): This standard requires that “The application for the proposed special review use mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment.” Applicant Statement: The Development Plan and the Phase 1 Development Plan were both found by the Town Board to mitigate, to the maximum extent feasible, potential adverse impacts on nearby land use, public facilities and services, and the environment, based on the following features of the plan: compliance with the applicable density and dimensional standards; continued integration of Otie’s Trail and other interconnected pedestrian linkages; minimal grading; tree protection to the maximum extent possible and landscaping and native plantings that protect and enhance wildlife habitat and migration routes and screen views of parking, service areas and mechanical equipment; lighting that minimizes off-site spillage; limits on noise and times for construction activities, deliveries and trash service; maintenance of historic storm water rates and the use of best management practices to treat run 29 15 off; provision of adequate public utilities; preservation of open space in excess of the minimum requirements; and appropriate building placement, design and materials that comply with the applicable Stanley Historic District regulations. Adding the Aspire Wellness Use to Phase 1 does not create adverse impacts or impair the mitigation provided by the above factors. The increased height attributable to the stairway bumpouts is mitigated, to the maximum extent feasible, by the design and materials of the stairway bumpouts which is consistent with the design and materials used on the remainder of the building and are in compliance with the applicable Stanley Historic District regulations. In addition, adding the stairway bumpouts to roof of the third floor of the building does not cause either an increase in the amount of impervious surface or a decrease in the amount of open space on the property. 30 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Stanley Wellness Center, LLC dba Aspire Residence at the Stanley Hotel for a new Beer & Wine Liquor License located at 520 Steamer Drive, Estes Park, Colorado. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: The application was filed February 18, 2019. At a meeting of the Board of Trustees on March 12, 2019, the public hearing was set for 7:00 p.m. on Tuesday, March 26, 2019 and was continued to April 9, 2019. The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as a Limit Liability Corporation. The property is zoned A - Accommodations which allows this type of business as a permitted use. The notice of hearing was published on March 22, 2019 . 31 2 The premises was posted on March 8, 2019 . There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: X Unscheduled Scheduled * Completed There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 32 DR8404(12121118)COLORADODEPARTMENTOFREVENUELiquorEnforcementDivision(303)205-2300ColoradoLiquorRetailLicenseApplicationNewLicenseNew-ConcurrentETransferofOwnershipStatePropertyOnly•Allanswersmustbeprintedinblackinkortypewritten•Applicantmustchecktheappropriatebox(es)•ApplicantshouldobtainacopyoftheColoradoLiquorandBeer Code:wwwcolorado.gov/enforcementAiquor1.Applicantisapplyingasa/anIndividualLimitedLiabilityCompanyflAssociationorOtherUCorporationPartnership(includesLimitedLiabilityandHusbandandWifePartnerships)2-ApplicantIfanLLC,nameofLLC;ifpartnership,atleast2partnersnames;ifcorporation,nameofcorporationFEINNumberStanleyWellnessCenter,LLCa.TradeNameofEstablishment(USA)StateSalesTaxNumberBusinessTelephoneAspireResidencesattheStanleyHotei970-577-40003.AddressofPremises(specifyexactlocationofpremises,includesuite/unitnumbers)520SteamerDriveCityCountyIStateZIPCodeEstesParkLarimerCO805174.MailingAddress(NumberandStreet)CityorTownStaleZIPCodedoEDennis333EWonderviewAveEstesParkCOB05175.EmailAddressedennisgrandheritage.com;jcullengrandheritage.com6.Ifthepremisescurrentlyhasaliquor orbeerlicense,youmustanswerthefollowingquestionsPresentTradeNameofEstablishment(DBA)PresentStateLicenseNumberPresentClassofLicensePresentExpirationDateNANANANASectionANonrefundableApplicationFeesSectionB(Cont)LiquorLicenseFeesCApplicationFeeforNewLicense$550.00CLodging&Entertainment-L&E(County)$503.00ApplicationFeeforNewLicensew/ConcurrentReview...............$650.00CManagerRegistration-H&R$75.001ApplicationFeeforTransferS550.00CManagerRe&trabon-Tavern$75.00aectionBLiquorLicenseFeesCManagerRegistration-Lodging&Entertainment$75.00CAddOptionalPremisestoH&R$100.00XTotalCManagerRegistraticn-campusLiqucrComplex$75.00..CMasterFileLocationFee$25.00XTotalCAddRelatedFalitytoResort Complex$75.00XTotalCArtsLicense(City)5308.75CMasterFileBackground$250.00XTotalCArtsLicense(County)$308.75COptionalPremisesLicense(Ciiy)$500.03BeerandWneLicense(City)5351.25COptionalPremisesLicense(county)$500.00CBeerandWneLicense(County)$438.25CRacetrackLicense(City)$500.00CBrewPub License(City)$750.00CRacetrackLicense(County)$500.00CBrewPubUcense(County)$750.00CResortCcmplexUcense(City)$500GOCCampusLiquorComplex(City)$500.00CResortComplexLicense(County)$500.03CCampusLiquorComplex(County)$500.00CRelatedFacility,campusLiquorComplextCiw)$160.00CCampusLiquorComplex(State)$500.00CRelatedFacility.CampusLiquorComplex(County)$160.00CClubLicense(City)$305.75CRelatedFacility.CampusLiquorComplex (State)$160.00CClubLicense(County)$308.75CRetailGamingTavemLicense(City)5500.00CDistilleryPubLicense(City)$750.00CRetailGamingTavernLicense(County)$500.00CDistilleryPubLicense(County)$750.00CRetail LiquorStoreLicense—Additional(City)$227.50CHotelandRestaurantLicense(City)$500.00CRetailLiquorStoreLicense—Additional(County)$312.50CHotelandRestaurantLicense(County)$500.00CRetailLiquorStore(City)$227.50CHotelandRestaurantLicensew/oneoptpremises(City)$600.00CRetailLiquorStore(County)$312.50CHotelandRestaurantLicensewloneoptpremises(County)$600.00CTavernLicense(City)$500.00CLiquor—LicensedDrugstore(City)$227.50CTavernLicense(County)$500.00CLiquor—LicensedDrugstore(County)$312.50CVintnersRestaurantLicense(City)$750.00CLodging&Entertainment-L&E(City)$500.00CVintnersRestaurantLicense(County)$750.00Questions?Visit:www.colorado.gov/enforcement4iquorformoreinformationDonotwriteinthisspace-ForDepartmentofRevenueuseonlyLiabilityInformationLicenseAccountNumberLiabilityDateLicenseIssuedThrough(ExpirationDate)TotalS33 DR644(12/21118)ApplicationDocumentsChecklistandWorksheetInstructions:Thischecklistshould beutilizedtoassistapplicantswithfilingallrequireddocumentsforlicensure.Alldocumentsmustbeproperlysignedandcorrespondwiththenameofthe applicantexactly.Alldocumentsmustbe typed‘egiblyprinted.UponfinalStateapprovalthelicensewillbemailedtothelocallicensingauthority.Applicationfeesare,unrefundable.Questions?Visit:www.colorado.gov/enforcement4iquorfor moreinformationItemssubmitted,pleasecheckallappropriateboxescompletedordocumentssubmittedApplicantinformationUA.Applicant/LicenseeidentifiedUB.Statesalestaxlicense numberlistedorappliedforattimeofapplicationUC.Licensetypeorother transactionidentifiedUD.Return originalstolocalauthorityUE.Additionalinformationmay berequiredbythelocallicensingauthorityUFAllsectionsoftheapplicationneedtobe completedII.DiagramofthepremisesUA.Nolargerthan81/2”Xli”UB.Dimensionsincluded(doesnothavetobetoscale).Exteriorareasshouldshowtypeofcontrol(fences,walls,entry/exit points,etc.)UC.Separatediagramforeachfloor(ifmultiplelevels)UD.Kitchen-identifiedifHotelandRestaurantUE.Bold/OutlinedLicensedPremisesIll.Proofofpropertypossession(OneYearNeeded)UA.Deedinnameoftheapplicant(or)(matching question#2)datestamped/filedwithCountyClerkUB.Leaseinthenameoftheapplicant(or)(matchingquestion#2)UC.LeaseassignmentinthenameoftheapplicantwithproperconsentfromtheLandlordandacceptancebytheApplicantUD.Otheragreementifnotdeedorlease.(matchingquestion#2)(Attachpriorleasetoshowrighttoassumption)IV.BackgroundinformationandfinancialdocumentsUA.Individual HistoryRecords(s)(FormDR8404-I)UB.Fingerprintstaken and submittedtotheappropriateLocalLicensingAuthoritythroughanapprovedStateVendor MasterFileapplicantssubmitresultstotheStateusingcode25YQHTwithIdentoGO.TheVendorsareasfollows:IdentoGO-httpsJ/uenroll.identogocorn!Phone:(844)539-5539(toll-free)IdentoGOFAQs:https://www.colorado.gov/pacific/chiñdentification-faqsColoradoFingerprintingbyAmericanBioldentity—DetailstobeannouncedUC.Purchaseagreement,stocktransferagreement,and/orauthorizationtotransferlicenseUD.Listofallnotesandloans(Copiestoalsobeattached)V.Soleproprietorlhusbandandwifepartnership(ifapplicable)UA.FormDR4679UB.CopyofStateissuedDriver’sLicenseorColoradoIdentificationCardforeachapplicantVI.Corporateapplicantinformation(ifapplicable)UA.CertificateofIncorporationdate stampedbytheColoradoSecretaryofState’sOfficeUB.CertificateofGoodStandingUC.CertificateofAuthorizationifforeigncorporationUD.Listofofficers,directorsandstockholdersofapplyingcorporation(Ifwhollyowned,designateaminimumofoneperson asprincipalofficerofparent)VII.Partnershipapplicantinformation(ifapplicable)UA.PartnershipAgreement(generalorlimited).NotneededifhusbandandwifeUB.CertificateofGoodStanding(Ifformedafter2009)VIII.LimitedLiabilityCompanyapplicantinformation(ifapplicable)UA.Copyofarticlesoforganization(datestampedbyColoradoSecretaryofState’sOffice)UB.CertificateofGoodStandingUC.CopyofoperatingagreementUD.CertificateofAuthorityifforeigncompanyIX.ManagerregistrationforHotelandRestaurant,Tavern,Lodging&Entertainment,and CampusLiquorComplexlicenseswhenincludedwiththisapplicationUA.$75.00feeUB.IndividualHistoryRecord(DR8404-I)UC.Ifownerismanaging,nofeerequired234 DR8404(12/21/1B)NameTypeofLicenseAccountNumber-NIstheapplicant(includinganyofthepartnersifapartnership;membersormanagersifalimitedliabilitycompany.orofficers,Yes No(“3stockholdersordirectorsifacorporation)ormanagersundertheageoftwenty-oneyears?U%Hastheapplicant(includinganyofthepartnersifapartnership,membersormanagersifalimitedliabilitycompany;orofficers,stockholdersordirectorsifacorporation)ormanagersever(inColoradooranyother state):(a)Been deniedanalcoholbeveragelicense?U(b)Hadanalcoholbeveragelicensesuspendedorrevoked?U(c)HadinterestinanotherentitythathadanalcoholbeverageEcensesuspendedorrevoked?UIfyouansweredyestoBa.borc,explainindetailonaseparatesheet.9.Hasaliquorlicense application(samelicenseclass),thatwaslocatedwithin500feetoftheproposedpremises,beendeniedwfthintheprecedingtwoyears?If“yes,explainindetail._______________________________________________________________________________10.Arethepremisestobelicensedwithin500feet,ofanypublicorprivateschoolthatmeetscompulsoryeducationrequirementsofUColoradolaw,ortheprincipalcampusofanycollege.universityorseminary?orWaiverbylocalordinance?UUOther;__________________11.IsyourLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS) vñthin1500feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwthapopulationofgreaterthan(>)10,0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldoorwayoftheLLDS/RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoorwayoftheLicensedLLDS/RLS.AAI12.IsyourLiquorLicensedDruasrore(LLDS)orRetailLiquoStore(RLS)within3000feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwahapopulationoflessthan(110.0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldoorwayoftheLLDS/RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoorwayoftheLicensedLLDS/RLS.NPI3a.ForadditionalRetailLiquorStoreonly.WasyourRetailLiquorStoreLicenseissuedonorbeforeJanuary12016?UUI3b.AreyouaColoradoresident?U14.Hasaliquororbeerlicenseeverbeenissuedtotheapplicant(includinganyofthepartners,ifapartnership;membersormanagerifaLimitedLiabilityCompany;orofficers,stockholdersordirectorsifacorporation)?Ifyes,identifythenameofthebusinessandlistanyUcurrentfinancialinterestinsaidbusinessincludinganyloanstoor fromalicensee.’wcg0.,.1i,,4a14.ic.tie77Ae..kft,bkI;oa15.Doesthe applicant,aslistedonline2ofthisapplication,havelegalpossessionofthepremisesbyoknershlprieaseorotherUUarrangement?‘IOwnershipULeaseUOther(ExplaininDetail)_______________________________________________________________________________a.Ifleased,listnameoflandlordandtenant,anddateofexpiration,exactly astheyappearonthelease:LandlordTenantExpiresb.Is apercentageofalcoholsalesincludedascompensationtothelandlord?Ifyes,completequestion16.Uc.Attachadiagramthatdesignatestheareatobelicensedinblackboldoutline(includingdimensions)whichshowsthebars,brewery,walls,partitions,entrances,exitsandwhateachroomshallbeutilizedforinthisbusiness.Thisdiagramshouldbenolargerthan81/2”Xli”.16.WThio,besidestheownerslistedinthisapplication(includingpersons,Orms,partnerships,corporations,limitedliabilitycompanies)wLllloanorgivemoney,inventory,furnitureorequipmenttoorforuseinthisbusiness;orwhowillreceivemoneyfromthisbusiness?Attachaseparatesheetifnecessary.fV”ALastNameFirstNameDateof BirthFEINorSSNIlnteresVPercentageLastNameFirstNameDateofBirthFEINorSSNInterest/PercentageAttachcopiesofallnotesandsecurityinstrumentsandanywrittenagreementordetailsofanyoralagreement,bywhichanyperson(includingpartnerships,corporations,limitedliabilitycompanies,etc.)willshareintheprofitorgrossproceedsofthisestablishment,andanyagreementrelatingtothebusinesswhichiscontingentorconditionalinany waybyvolume,profit,sales,givingofadviceorconsultation.17,OptionalPremisesorHotelandRestaurantLicenseswithOptionalPremises:Hasalocalordinanceorresolutionauthorizingoptionalpremisesbeenadopted?_________NumberofadditionalOptionalPremiseareasrequested.(Seelicensefeechart)16.LiquorLicensedDrugstore(LLDS)app!icants,answer(hefollowing:(a)Isthereapharmacy,licensedbytheColoradoBoardofPharma’,loatedwithintheappEcanvsLLDSpremise?UUIf“yes”acopyoflicensemustbeattached./1/19.ClubLiquorLicenseapplicantsanswerthefollowing:Attachacopyofapplicabledocumentation(a)Istheapplicantorganizationoperatedsolelyforanational!social]fraternal,patriotic,politicalor athleticpurposeandnotforpecuniarygain?UU(b)Istheapplicantorganizationaregularlycharteredbranch,lodgeorchapterofanationalorganizationwhichisoperatedsolelyfortheobjectofapatrioticorfraternalorganizationorsociety,butnotforpecuniarygain?_________(c)Howlonghastheclubbeenincorporated?I_________(d)Hasapplicantoccupiedanestablishmentforthreeyears(threeyearsrequired)thatwasoperatedsolelyforthereasonsstatedabove?UU20.Brew-Pub,DistilleryPuborVintner’sRestaurantapplicantsanswerthefollowing:(a)HastheapplicantreceivedorappliedforaFederalPermit?(Copyofpermitorapplicationmustbeattached)U U335 DR6404(12/21/18)21.CampusLiquorComplexapplicantsanswerthefollowing:A,.(a)Istheapplicantaninstitutionofhighereducation?fV71YesNo(b)Istheapplicantapersonwhocontractswiththeinstitutionofhighereducationtoprovidefoodservices?flIfyes”pleaseprovideacopyofthecontractwiththeInstitutionofhighereducationtoprovIde foodservices.22.Forallon-premisesapplicants.a.HotelandRestaurant,LodgingandEntertainment,TavernLicenseandCampusLiquorComplex,theRegisteredManagermustalsosubmitanIndividualHistoryRecord-DR8404-IandfingerprintsubmittedtoapprovedStateVendorthroughtheVendor’swebsite.Seeapplicationchecklist,SectionIV,fordetails.b.ForallLiquorLicensedDrugstores(LLDS)thePermittedManagermustalsosubmitanManagerPermitApplication.DR8000andfingerprints.LastNameofManagerFirstNa_meofManagerSc.Ii/aJjiiiIe¶IIj23.Doesthismanageractasthemanagereorhaveafinancialinterestin,anyotherliquorlicensedestabftshmentintheStateofColorado?Ifyes,providename,typeoflicenseandaccountnumber24.RelatedFacility-CampusLiquorComplexapptcantsanswerthefollowing:YesNoaIstherelatedfadttylocatedwithintheboundariesoftheCampusLiquorComplex?V’/4UUIfyes,pleaseprovdeamapofthegeographicallocaLonwithintheCampusLiquorComplex.Ifno, thislicensetypeisnotavailableforissuesoutsidetnegeographicalIccationoftheCampusLiquorComplexbDesignatedManagerforRelatedFacility-CampusLiquorCom:lexLastNameofManagerFirstNameorManager25.TaxDistraintInformaton.Doestheapplicantoranyotherpersonrstedonthisapplicalionincludingitspartners,officers,directors,stockholders,members(LLC)ormanagingmembers(LLC)andanyotherpersonswitha10%orgreaterfinancialinterestinthe—appl;cantcurrentlyhaveanoutstandingtaxdistraintissuedtothembytheColoradoDepartmentofRevenue?Ifyes,provideanexplanationandincludecopiesofanypaymentagreements.NmeHomeAddress,City&StateDOSPosiuon%Owned/1pp/L&p4(g4gqñcy&,tDjiS1flO—4irbcNameiJRbtheres,City&StateIDOSPosition%OwnadNameHomeAddress.City&StateDOSPosition%OwnedNameHomeAddress,City&StateDOSPosition%OwnedNameHomeAddress,City&StateDOSPosition°hOwnedIfapplicantisowned100%byaparentcompany,pleaselistthedesignatedprincipal officeronabove.Corporations-thePresident,Vice-President,SeetaryandTreasurermustbeaccountedforabove(Indudeownershipperntageifappicable)Iftotalownershippercentagedisclosedheredoesnottotal100’/,applicantmustcheckthisbox:UApplicantaffirmsthatno individualotherthanthesedisclosedhereinowns10%ormoreoftheapplicantanddoesnothavefinancialinterestinaprohibitedliquorlicensepursuanttoArticle3or5,CR5.NameTypeofLicenseAccountNumberOathOfApplicantIdeclare underpetyofperjuwjptheconddegreethatthisapplicationandallattachmentsaretrue,correct,and completetothebestofmyknowledge.Isis,cknledtaamyresponsibilityandtheresponsibilityofmyagentsandemployeestocomplywilhthe provisionsoftheColoradoLiq9’oreCe,li’affectmylicense.AuthorizedbustePrintedNameandTieae/—3o1-(AJct(LceflJvLIilbThQ743407/Reportand ApprovalofLocalLicensingAuthority(O1?y!County)Dateapcationfile4 withlocalauthorityDateoflocalauthorityhearing(fornewhnseapplicants;cannotbelessthan30daysfromdateofapplication)NameCTypeofLicenseAccountNumber26.Ifapplicantisacorporation,partnership, associationorlimitedliabilitycompany,applicantmustlistaltOfficers,DIrectors,GeneralPartners,andManagingMembersInaddition,applicantmustlistanystockholders,partners.ormemberswithownershipof10%ormoreIntheapplicant.AllpersonslistedbelowmustalsoattachformDR8404-i(IndividualHistoryRecord). andmakean appointmentwithanapprovedStateVendorthroughtheirwebsiteSeeapplicationchecklist,SectionIV.fordetails.36 54C4(12i2tR8)FmeLocalLicensingAuthorityHerebyAffirmsthateachpersonrequ:redtofileDR5404-I(lndduatHistoryRecord)oraDR8000(ManagerPerm:t)hasIbeen:HFingerprintedHSubjecttobeckarcundinvesLgaton,includingNCICICCICcheckforoutsendin;warrants1natthelocalauthorityhasconducted,orintendstoconduct,arinspectionoftheproposedpremisestoensurethattheapplicantisincompliancewithandawareof,liquorcodeprovisionsaffectingtheirclassoflicense(CheckOne)HDateofinspectionoranticipateddate_______________________HWitconductinspectionuponapprovalofstatelicensinoauthorityHIstheLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within1,500feetofanotherretailliquorlicensefor&f-YesNopremisessatesinajurisdictionwithapopulationof>10,0000?HHUIstheLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within3,000feetofanotherretailliquorlicenseforoff-premisessatesinajurisdictionwithapopulationof’10,0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldooRvayoftheLLDS’RLSprarnisesforwhichtheapplicationisbeingmadeandendsattheprincipaldooR’IayoftheLicensedLLDSIRLS.HDoestheLiquor-LicensedDrugstore(LLDS)haveatleasttwentypercent(20%)oftheapplicant’sgrossannualincomederived—fromthesateoffcod,duringthepriortwelve(12)monthperiod?Theforegoingapplicationhasbeenexamined;andthepremises,businesstobeconducted,andcharacteroftheapplicantaresatisfactoryWedoreportthatsuchlicense,ifgranted.willmeetthereasonablerequirementsoftheneighborhoodandthedesiresoftheadultinhabitants,andwillcomplywiththe provisionsofTitle44,Article4or3,CRS,andLiquorRulesTherefore,thisapplicationisapproved.LocalLicensingAuthorityforTelephoneNumberSignaturePrintTitleSignaturePrintTitleHTown,CityHCounty537 flrVJs’’\JJtftI4”tteW,1FtNnfl——-——--—.——oo.9TI1.1____—£?TZ___4%S.=stm___Irn.w1zCFaa0zC-JCzIU,zLi-HzzwHga°(0BtafABii’EF____t$.J.LJ\H_V______________4%ABC,E)pFØ1STLEP.PELTENANTFINISHU38 :4I—I______E21flS-____-—.—L______ThB;CE)(2)(I)flt—‘.7-4’3’5)®ROOFMJOSTAJRTOAERPLANU39 MUSTBEACCOMPANIEDBYDR8404-I(oa’Io/16)COLORADODEPARTMENTOFREVENUELiquorEnforcementDivision(303)205-2300INDIVIDUALFINGERPRINTCARDSOBTAINEDFROMTHEPOLICEDEPARTMENTIndividualHistoryRecordTobecompletedbythefollowingpersons,asapplicable:soleproprietors;generalpartnersregardlessofpercentageownership,andlimitedpartnersowning10%ormoreofthepartnership;allprincipalofficersofacorporation,alldirectorsofacorporation,andanystockholderofacorporationowning10%ormoreoftheoutstandingstock;managingmembersorofficersofalimitedliabilitycompany,andmembersowning10%ormoreofthecompany;andanyintendedregisteredmanagerofHotelandRestaurant,TavernandLodgingandEntertainmentclassofretaillicenseNotice:Thisindividualhistoryrecordrequiresinformationthatisnecessaryforthelicensinginvestigationorinquiry.Allquestionsmustbeansweredintheirentiretyorthelicenseapplicationmaybedelayedordenied,Ifaquestionisnotapplicable,pleaseindicatesoby“NIA”.Anydeliberatemisrepresentationormaterialomissionmayjeopardizethelicenseapplication.(Pleaseattachaseparatesheetifnecessarytoenableyoutoanswerquestionscompletely)1.NameofBusinessHomePhoneNumberCellularNumberA’u,CC41cra4ilO2.YourFullName(last,first,middle)3.ListanyothernamesyouhaveusedCt.cnl4Ps4.Mailingaddress(ifdifferentfromresidence)EmailAddress3ejtt,Annfl5ktjo..tLcn&1trc.3c.tonStreetandNumberCity,State,Zip[FromToCurrentso-iQjC3z,rPrevious17ttto.-c•COOqt120.321t16.Listallemploymentwithinthelastfiveyears.Includeanyself-employment.(Attachseparatesheetifnecessary)NameofEmployerorBusinessAddress(Street,Number,City,State,Zip)PositionHeldFromTo33CWar4rfl’(cv))tt.rtstdtnflQOZPttStn+bnnctL1crimtE44.Park,CO%Qfle7.Listthename(s)ofrelativesworkinginorholdingafinancialinterestintheColoradoalcoholbeverageindustry.NameofRelativeWIARelationshiptoYouPositionHeldNameofLicensee8.Haveyoueverappliedfor,held,orhadaninterestinaColoradoLiquororBeerLicense,orloanedmoney,furniture,fixtures,equipmentorinventorytoanylicensee?(Ifyes,answerindetail.)YesNoWi—Ov.’ntrCsracIo1fl.i-StGk\VjWCk\oW4.jL-LC—9.Haveyoueverreceivedaviolationnotice,suspension,orrevocationforaliquorlawviolation,orhaveyouappliedfororbeendeniedaliquororbeerlicenseanywhereintheUnitedStates?(Ifyes,explainindetail.)DYesNo5.Listcurrentresidenceaddress.Includeanypreviousaddresseswithinthelastfiveyears.(Attachseparatesheetifnecessary)40 10.Haveyoueverbeenconvictedofacrimeorreceivedasuspendedsentence,deferredsentence,orforfeitedbailforanyoffenseincriminalormilitarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)YesI...a11.Areyoucurrentlyunderprobation(supervisedorunsupervised),parole,orcompletingtherequirementsofadeferredsentence?(Ifyes,explainindetail.)es.aNo12.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes.explainindetail.)CYesNoPersonalandFinancialInformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationrequiredinquestion#13issolelyforidentificationpurposes.13a.DateofBirthlb.SocialSecurityNumberIc.PlaceofBirthOSir,d.US.CitizenYesCNoe.IfNaturalized,statewheref.Wheng.NameofDistrictCourtNMWikNJPh.Naturalization CertificateNumberi.DateofCertificationj.IfanAlien,GieAien’sRegistrationCardNumberk.PermanentResidenceCardNumberN/hkr/AI.Heightm,Weightn.HairColoro.EyeColorp.Genderq.Racer.Doyouhaveacurrentflñupr’cIiranc&lfl7Ifso,givenumberastate,G13”/15BR\iYesCNo#ta’14.FinancialInformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedliabilitycompany,other.$L10.5tj000(40’W..t.4)b.Listthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessincludinganynotes,loans,cash,servicesorequipment,operatingcapital,stockpurchasesorfeespaid.$U*IfcorporateInvestmentonlypleaseskiptoandcompletesection(d)**Sectionbshouldreflectthetotalofsectionscandec.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Type:CashServicesorEquipmentAccountTypeBankNameAmount.d.Providedetailsofthecorporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Type:Cash,ServicesorEquipmentLoansAccountTypeBankNameAmountSeeLr,.trSt.t2r,we.LoanInformation(Attachcopiesofallnotesorloans)NameofLender(AddressTermSecurityIAmounttetd1OE.SrFt,:s•%•ttrt.t‘)c’LtetC4V,Vthpta.i1qsr000.QQ.it2URknhn.ricetinUtLI14’AUS4.birl4.jCctt.t)ttdefm’t,AnewC..*T4!-{oe491SPQ&ntcr2.oSaj%4Ad.aüeA.34or.bwcL&.\ec.r,CA.ctFtkzj‘q—AiOathofApplicantIdeclareuplerp1nal/’?j44Lrvthatthisapplicationandallattachmentsaretrue,correct,andcompletetothebestofmyknowledge.Authorizelgna9.freJiPrintSignatureThIeJDate3QgtJcacceilOW/Jr/ic/41 DR8404-I(08/I0/16)COLORADODEPARTMENTOFREVENUELiquorEnforcementDivision(303)205-23000IndividualHistoryRecordTobecompletedbythefollowingpersons,asapplicable:soleproprietors;generalpartnersregardlessofpercentageownership,andlimitedpartnersowning10%ormoreofthepartnership;allprincipaloffcersofacorporation,alldirectorsofacorporation,andanystockholderofacorporationowning10%ormoreoftheoutstandingstock;managingmembersorofficersofalimitedliabilitycompany,andmembersowning10%ormoreofthecompany;andanyintendedregisteredmanagerofHotelandRestaurant,TavernandLodgingandEntertainmentclassofretaillicenseNotice:Thisindividualhistoryrecordrequiresinformationthatisnecessaryforthe licensinginvestigationorinquiry.Allquestionsmustbeansweredintheir entiretyorthelicenseapplicationmaybedelayedordenied.Ifaquestionisnotapplicable,pleaseindicatesoby“N/A”.Anydeliberatemisrepresentationormaterialomissionmayjeopardizethelicenseapplication.(Pleaseattachaseparatesheetifnecessarytoenableyoutoanswerquestionscompletely)1.NameofBusinessH”“--‘‘CellularNumberStanie-’jho+e\sc;ce‘vJeI(ve6s—2.YourFull Naikie(last,first,middle)‘3.Listanyothernamesyouhaveusedc\%Wt:1Ls3j:4Mailingaddress(ifdifferentfromresidqçce)EmailAddress?oov‘I93.ts-fes\<k,(0oç9cIk2tJelIe(@S+AfllttikO*aL.eon95.Listcurrentresidenceaddress.Includeanypreviousaddresseswithinthlastfiveyears.(AttachseparatesHeetifnecessary)StreetandNumberCity,State,ZipFromToPiM:tb€+&h-5P4L,10DS)7RL2oI?rec4Previous6.Listallemploymentwithinthe lastfiveyears.Includeanyself-employment.(Attachseparatesheetifnecessary)NameofEmployerorBusinessAddress(StreetNumber,City,State,Zip)PositionHeldFromTof5U4cO£/o5’1,cptip7.Listthename(s)ofrelativesworkinginorholdingafinancialinterestintheColoradoalcoholbeverageindustry.NameofRelativeRelationshiptoYouPositionHeldNameofLicenseeN/PrEYes1Jo8.Haveyoueverappliedfor,held,orhadaninterestinaColoradoLiquororBeerLicense,orloanedmoney,furniture,fixtures,equipmentorinventorytoanylicensee?(Ifyes,answerindetail.9.Haveyoueverreceivedaviolationnotice,suspension,orrevocationforaliquorLawviolation,orhaveyouappliedfororbeendeniedaliquororbeerlicenseanywhereintheUnitedStates?(Ifyes,explainindetail,)Yes333.IVO9Ce42 10.Haveyoueverbeenconvictedofacrimeorreceivedasuspendedsentence,deferredsentence,orforfeitedbailforanyoffenseincriminalormilitarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)YesAreyoucurrentlyunderprobation(supervisedorunsupervised),parole,orcompletingtherequirementsofa1Lideferredsentence?(Ifyes,explainindetail.)Yes12.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes,explainindetail.)UYesNoPersonaland Financial InformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationrequiredinquestion #13issolelyforidentificationpurposes,13a.DateofBirthlbSnrilSeriiritvNumberc.Placeof Birth__________\Jes+end.U.S.Citizen<fesUNoaIfNaturalized,statewheref.Wheng.Nameof DistrictCourtI,.NaturalizabonCertiflcateNumberj.DaleofCertW:cationj.ifanAien.GiveAlien’sReisftalionCartsNunterk.PermanentResidenceCardNumber14.FinancialInformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation, partnership,limitedliabilitycompany,other.$________________b.Listthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessincludinganynotes.loans,cash,servicesorequipment,operatingcapital,stockpurchasesorfeespaid.$1k*Ifcorporate investmentonlypleaseskiptoandcompletesection(d)Sectionbshouldreflectthetotalofsectionscandec.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded).Type:Cash,ServicesorEquipmentAccountTypeBankNameAmountType:Cash,ServicesorEquipmentLoansAccountTypeBankNameAmounte.LoanInformation(Attachcopiesofallnotesorloans)NameofLenderAddressTermSecurityAmountOathofApplicantIdeclareundervenaltofenivthatthisacolicationandallattachmentsaretrue.correct, andcomoletetothebestofmyknowledoe.[Heightm.Weightn.HairColoro.EyeColor‘p.Ge,erlq.RapeiôcT3royavRI”rFtLtcr.Doyouhaveacurrent DriversLicense/ID?Ifso,gvenumberandstate.‘YesUNo#iteIC)d.Providedetailsofthecorporateinvestment describedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)AuthorizedSnatu’rePrntSignatreNTitle.DateS\dwei\fvM1ve>LaR&t43 AdministrationTownAdministratorPublic InformationAdministrativeServicesTownClerkHumanResourcesCommunityDevelopmentBuildingSafetyCodeEnforcementPlanning/ZoningCommunityServicesFairgrounds&EventsMuseumSeniorCantorVisitorServicesFinanceRD.Box1747UtIlityBillingPoliceRO.Box1287PublicWorksEngineeringFacilitiesFleetParksStreetsUtilitiesAcheckoftheEstesParkPoliceDepartmentlocalrecordsontheabove—namedindividualswasconducted.InformationobtainedintherecordssystemdatesbacktoOctober.2004.JohnCullenisnamedasaSubjectinaFraudcase.JillSchladeilerisnamedasaWitnessinaSuspiciousCircumstancesandRestrainingOrdercase.SheisalsonamedasaSubjectinaBurglarycaseoverthepastseveralyears.Therearenoreports involvingtheaddresslistedwiththisbusinessandinvolvingtheindiidualslistedabove.Sincerely,/&&WesKufeldChiefofPolice.EstesParkPoliceDepartmentITLightandPowerWaterTOWNOFTESTESPARTKMarch8.2019JackieWilliamson.TownClerkTownofEstesParkEstesPark,CO80517RE:StanleyWellnessCenter,EECdba AspireResidenceattheStanleyHotelCullen.JohnW.Schladweiler.JillM.DearMs.Williamson:170MACGREGORAVE.P.&BOX200ESTE5PARK,CO60517PH.9705865331www.esies.org44 Public Comment Edward & Marlene Hayek 611 Findley Ct. Estes Park, CO April 3, 2019 Honorable Mayor Town Board of Trustees Town Administrator Re: Stanley Aspire request for liquor license From our home, we look directly at the roof top patio on top of the Aspire building. We feel there is no way roof top gatherings where alcohol is consumed, will not have an adverse impact on noise in our neighborhood. We strenuously object to issuing a liquor license that allows serving and consuming alcohol on the rooftop patio with no restrictions. We attended many Planning Commission and Board of Trustees meetings when the Aspire building was proposed. When the use changed from an auxiliary building to the Wellness Center, to the last iteration as an actual Wellness Center, the roof top patio was added. From Aspire Attorney’s responses to town staff recommendations, to verbal representations at above mentioned meetings, the mantra was always the same. The roof top patio was for wellness activities only. The activities stated were, yoga exercise, meditation, and relaxation. It was also agreed there would not be amplified sound, even to lead exercises. A liquor license is obviously not compatible with any of the uses as stated above. How does the town and neighborhood get assurance that the use stays as agreed to when the building was constructed? In our opinion this would preclude serving and consuming alcohol on the roof top patio. It would also preclude any gatherings for purposes other than exercise. No weddings, rehearsal gatherings, wine tastings, etc. As we have stated many times in the past, we want the Stanley to be a successful business, but it should not come at the expense of neighbor’s rights to peacefully enjoy the properties in which they have also made substantial investments. We urge you to reject this application for a liquor license, unless the applicant will agree to enforceable restrictions, with consequences for violations. Thank you, Ed & Marlene Hayek 45 Russ & Carole Jaenecke 610 Findley Ct. Estes Park, CO April 3, 2019 To: Mayor of Estes Park Town Board of Trustees Town Administrator We live close to the Aspire Hotel and are very worried about the impact a liquor license at that building will have on noise in our neighborhood. Sound from any activities on the roof top patio will carry to the homes above the Aspire. At the time the building was approved we were told that only quiet activities such as yoga exercise, meditation, and relaxation would be allowed on the roof top patio. We were also told there would be no amplified sound allowed. Are we now saying liquor fueled activities will be allowed on the roof? If the intent of this application is to serve liquor on the rooftop patio we object, and implore you to deny this request for a liquor license. We are not against the hotel operation, but unless some enforceable way to restrict use of alcohol and control noise is part of the agreement, this is completely contrary to what was agreed when the building was approved. Please deny this request without restrictions. Thank you, Russ & Carole Jaenecke 46 TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: April 9, 2019 RE: Liquor Licensing: New Lodging & Entertainment Liquor License Application for Hansen & Dale Inc. dba The Inn on Fall River, 1660 Fall River Road, Estes Park, Colorado Objective: Approval of a new Lodging & Entertainment liquor license located at 1660 Fall River Road, Estes Park, Colorado. Application filed by Hansen & Dale Inc. dba The Inn on Fall River. Present Situation: An application for a new Lodging & Entertainment liquor license was received by the Town Clerk’s office on March 6, 2019. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement and has not been schedule at the time of this memo. Proposal: To present the application for the Town Board’s review and consideration for a new Lodging & Entertainment liquor license. The owners will operate a wedding venue on the property in a building currently under construction. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the application for a new Lodging & Entertainment liquor license. Budget: The fee paid to the Town of Estes Park for a new Lodging & Entertainment liquor license is $1,319.00. The fee covers the administrative costs related to processing the 47 application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Lodging & Entertainment Liquor license is $869. Level of Public Interest Low Sample Motion: The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Based upon these findings, I move that the application for a new Lodging & Entertainment liquor license filed by Hansen & Dale Inc. dba The Inn on Fall River be approved/denied. Attachments: Procedure for Hearing Application Individual History Police Report 48 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Hansen & Dale Properties Inc. dba The Inn on Fall River for a new Lodging & Entertainment Liquor License located at 1660 Fall River Road, Estes Park, Colorado. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: The application was filed March 6, 2019. At a meeting of the Board of Trustees on March 26, 2019, the public hearing was set for 7:00 p.m. on Tuesday, April 9, 2019. The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as a Corporation. The property is zoned A - Accommodations which allows this type of business as a permitted use. The notice of hearing was published on March 29, 2019 . 49 2 The premises was posted on March 29, 2019 . There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: X Unscheduled Scheduled * Completed There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 50 0R8404(12121118)ColoradoLiquorCOLORADODEPARTMENTOFREVENUELiquorEnforcementDivisionRetailLicenseApplication(303)205-2300NewLicenseDNew-ConcurrentflTransferofOwnershipStatePropertyOnly•Allanswersmustbeprintedinblackinkor typewritten-Applicantmust checktheappropriatebox(es)-Applicantshouldobtainacopyofthe ColoradoLiquorandBeer Code:wwwco!orado.gov/enforcemenUlsquor1.Applicantisapplyingasa/anIndividualflLimitedLiabilityCompanyAssociationorOtherCorporationflPartnership(includesLimitedLiabilityandHusbandandWifePartnerships)2.ApplicantIfanLLC,nameofLLC;ifpartnership,atleast2partner’snames:iicorporation,nameofcorporationFEINNumberHansen&DaleProperties,Inc.2a.Trade NameofEstablishment(OBA)StateSalesTaNumhprBusinessTelephoneTheInnonFallRiver970-586-41183.AddressofPremises(specifyexactlocationofpremises,include suite/unitnumbers)1660FallRiverRd.CitycountyStateZIPCodeEstesParkLarimerCD605174.MailingAddress(NumberandStreet)CityorTownStateZIPCode1660FaIlRiverRdEstesParkCD805175.EmailAddressinfo@innonfallriver.corn6.Ifthepremisescurrentlyhasaliquororbeerlicense,youmustanswerthefollowingquestionsPresentTradeNameofEstabishrnent(DBA)PresentStateLicenseNumberPresentClassofLicensePresentExp;ratonDateSectionANonrefundableApplication Fees]SectlonB(Cant)LiquorLicenseFeesAppticat:cnFeeforNewLicense...................................$550.00ULodging&Entertainment-L&E(County).....................................5500.00UApplicationFeeforNewLicensew/ConcurrentReview$650.00UManagerRegistration-H&R$75.00UApplicationFeeforTransfer5550.00UManagerRegistration-Tavem575.00SectionBLiquorLicenseFeesUManagerRegistration-Lodging&Entertainment................................575.00UAdd0ptionaPremisestoH&R.........$100.00XToaUManagerRegistraticn-campusLiquorComplex...............................575.03UMasterFileLocationFee........................$25.00XTotalUAddR&atedFad:tytoResolComplexS7s.O0XTo.aUArtsLicense(City)$308.75UMasterFileBadcground......................$250.00XTotalUMsLicense(County)$308.75UOponalPremiseslicense(City)$500.00UBeerandWineLicense(City)$351.25UOptonaiPremiseslicense(County)5500.00UBeer andWineLicense(County)$436.25URacetrackLicense(City)5500.00UBrewPubLicense(City)$750.00URacetracklicense(County)$500.00UBre?PubLicense(County)$750.00UResortComplexlicense(City)..............................................,..............5500.00UCampusLiquorComex(Chy).......................................................,,,$500.00UResortComplexlicense(County)$500.03UCampusLiquorComplex(County).............................................$o.o0URelatedFacility-CampusLiquorComplex(City).......,,,,,..,..,.,,..,,.....$160.00UCampusLiquorComplex(State)$500.00URelatedFacility-CampusLiquorComplex(County)........................$160.00UClubLicense(City),..,,,,.,.,....,,,,,,,,...,,,,.,,,,,,,.,..,.,.,,,.,,...,,,,,,,,,,,.,,..,.,,,,,,$308.75URelatedFacility-CampusLiquorComplex(State)............................$160.00UClubLicense(County)$308.75URetailGamingTavernLicense(City)............................................$50000UDistilleryPubLicense(City)$750.00URetailGamingTavernLicense(County)..............................................$500.00UDistilleryPublicense(County)$750.00URetailLiquorStoreLicense—Additional(City)........................,............$227.50UHotelandRestaurantLicense(City)$0000URetailLiquorStoreLicense—Additional(County)................................$312.50UHotelandRestaurantLicense (County)..............................5500.00URetailLiquorSlore(City)$227.50UHotelandRestaurantLicensew/oneoptpremises(City)$600.00URetailLiquorStore(County)........................................................S312.50UHotelandRestaurantLicensewioneoptpremises(County)$600.00UTavern License(City)5500.00ULiquor—licensedDrugstore(City)$227.50UTavernLicense(County)$500.00Uliquor—LicensedDrugstore (County)$312.50UVintnersRestaurantLicense(City)$750.00Lodging&Entertainment-L&E(City)$500.00UVintnersRestaurantLicense(County)$750.00Questions?Visit:www.colorado.govjenforcemenUliquorformoreinformationDonotwriteinthisspace-ForDepartmentofRevenueuseonlyLiabilityInformationLicenseAccountNumberLiabilityDateLicenseIssuedThrough(ExpirationDate)Total$51 DR8304(12/21118)ApplicationDocumentsChecklistandWorksheetInstructions:Thischecklistshouldbeutilizedtoassistapplicantswithfilingallrequireddocumentsforlicensure.Alldocumentsmustbeproperlysignedandcorrespondwiththenameoftheapplicantexactly.Alldocumentsmustbetypedorlegiblyprinted.UponfinalStateapprovalthelicensewillbemailedtothelocallicensingauthority.Applicationfeesarenonrefundable.Questions?Visit:www.co/orado.gov/enforcemenfrliquorformoreinformationItemssubmitted,pleasecheckallappropriateboxescompletedordocumentssubmittedApplicantinformationUA.Applicant/LicenseeidentifiedUB.StatesalestaxlicensenumberlistedorappliedforattimeofapplicationUC.LicensetypeorothertransactionidentifiedUD.ReturnoriginalstolocalauthorityU2,AdditionalinformationmayberequiredbythelocallicensingauthorityURAllsectionsoftheapplicationneedtobecompletedII.DiagramofthepremisesUA.Nolargerthan81/2X11”UB.Dimensionsincluded(doesnothavetobetoscale).Exteriorareasshouldshowtypeofcontrol(fences,walls,entry/exitpoints.etc.)UC.Separatediagramforeachfloor(ifmultiplelevels)UD.Kitchen-identifiedifHotelandRestaurantUE.Bold/OutlinedLicensedPremisesIll.Proofofpropertypossession(OneYearNeeded)UA.Deedinnameoftheapplicant(or)(matchingquestion#2)datestamped!filed withCountyClerkUB.Leaseinthenameoftheapplicant(or)(matchingquestion#2)UC.LeaseassignmentinthenameoftheapplicantwithproperconsentfromtheLandlordandacceptancebythe ApplicantUD.Otheragreementifnotdeedorlease.(matchingquestion#2)(Attachpriorleasetoshowrighttoassumption)IV.Backgroundinformationand financialdocumentsUA.Individual HistoryRecords(s)(FormDR8404-I)UB.FingerprintstakenandsubmittedtotheappropriateLocalLicensingAuthoritythroughanapprovedStateVendor.MasterFileapplicantssubmitresultstotheStateusingcode25YQHTwithIdentoGO.TheVendorsareasfollows:IdentoGO-https.//uenrolLidentogo.com/Phone:(844)539-5539(toll-free)ldentoGoFAQs:https.//www.colorado.gov/pacific/cbi/identiflcation-faqsColoradoFingerprintingbyAmerican Bioldentity—DetailstobeannouncedUC.Purchaseagreement,stocktransferagreement,and/orauthorizationtotransferlicenseUD,Listofallnotesandloans(Copiestoalso beattached)V.Soleproprietor/husbandandwifepartnership(ifapplicable)UA.FormDR4679UB.CopyofStateissuedDriver’sLicenseorColoradoIdentificationCardforeachapplicantVI.Corporateapplicantinformation(ifapplicable)UA.CertificateofIncorporationdate stampedbytheColoradoSecretaryofStale’sOfficeUB.CertificateofGoodStandingUC.CertificateofAuthorizationifforeigncorporationU0.Listofofficers,directorsandstockholdersofapplyingcorporation(Ifwhollyowned,designateaminimumofonepersonasprincipalofficerofparent)VII.Partnershipapplicantinformation(ifapplicable)UA.PartnershipAgreement(generalorlimited).NotneededifhusbandandwifeUB.CertificateofGoodStanding(Ifformedafter2009)VIII.Limited LiabilityCompanyapplicantinformation(ifapplicable)UA.Copyofarticlesoforganization(datestampedbyColoradoSecretaryofState’sOffice)UB.CertificateofGoodStandingUC.CopyofoperatingagreementU0.CertificateofAuthorityifforeigncompanyIX.ManagerregistrationforHoteland Restaurant,Tavern,Lodging&Entertainment,andCampusLiquorComplexlicenseswhenincludedwiththisapplicationUA.$75.00feeUB.Individual HistoryRecord(DR8404-I)UC.Ifownerismanaging,nofeerequired252 DR8404(12121/18)NameTypeofLicenseAccountNumber7.Istheapplicant(includinganyofthepartnersifapartnership;membersormanagersifalimitedliabilitycompany;orofficers,YesNostockholdersordirectorsifacorporation)ormanagersundertheageoftwenty-oneyears?U8.Hastheapplicant(includinganyofthepartnersifapartnership;membersormanagersifalimitedliabilitycompany;orofficers,stockholdersordirectorsifacorporation)ormanagersever(inColoradooranyotherstate):(a)Beendeniedanalcoholbeveragelicense?U(b)Hadanalcoholbeveragelicensesuspendedorrevoked?U(c)Hadinterestinanotherentitythathadanalcoholbeveragelicensesuspendedorrevoked?UIfyouansweredyesto8a,borc,explainindetailonaseparatesheet.9.Hasaliquorlicenseapplication(samelicense class),thatwaslocatedwithin500feetoftheproposedpremises,beendeniedwilhintheflprecedingtwoyears?If“yes”,explainindetail.________________________________________________________________________10.Arethepremisestobelicensedwithin500feet,ofanypublicorprivateschoolthatmeetscompulsoryeducationrequirementsofColoradolaw,ortheprincipalcampusofanycollege,university orseminary?orWaiverbylocalordinance?UUOther:____________________11.IsyourLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within1500feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwithapopulationofgreaterthan(‘)10,0000?NOTE:Thedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldoorwayof(he LLDS/RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoorwayoftheLicensedLLDSIRLS.12.IsyourLiqLlorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within3000feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwithapopulationoflessthan(<)10,0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldoorwayoftheLLDSIRLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoorwayoftheLicensedLLDSIRLS.13a,ForadditionalRetailLiquorStoreonly.Was yourRetailLiquorStoreLicenseissuedonorbeforeJanuary1.2016?U U13b.AreyouaColoradoresident?U14.Hasaliquor orbeerlicense everbeenissuedtotheapplicant(includinganyofthepartners,ifapartnership;membersormanagerifaLimitedLiabilityCompany;orofficers,stockholdersordirectorsifacorporation)?Ifyes,identifythenameofthebusinessandlistanyUcurrentfinancialinterestinsaidbusinessincludingany loanstoor fromalicensee,15.Doestheappilcant,aslistedonline 2ofthisapplication,havelegalpossessionofthepremisesbyownership,leaseorotherUarrangement?UOwnershipLeaseUOther(ExplaininDetail)_______________________________________________________________________________a.Ifleased,listnameoflandlordandtenant,anddateofexpiration,exactlyastheyappearonthelease:LandlordTenantExpiresHansen&DaleLLCHansen&DaleProperties,Inc.6/5)2026b.Isapercentageofalcoholsalesincludedascompensationtothelandlord?Ifyes, complete question16.UUc.AttachadLagramthatdesignatestheareatobelicensedinblackboldoutline(includingdimensions)whichshowsthe bars,brewery,walls, partitions,entrances,exitsandwhateachroomshallbeutilizedforinthisbusiness.Thisdiagramshouldbenolarger than8112”Xli”.16.Who,besidestheownerslistedinthisapplication(includingpersons,firms,partnerships,corporations,limitedliabilitycompanies)willloanorgivemoney.inventory,furnitureorequipmenttoorforuseinthisbusiness:orwhowillreceivemoneyfromthisbusiness?Attachaseparatesheetifnecessary.LastNameFirstNameDateofBirth FEINorSSNInterest/PercentageLastNameFirstNameDateofBirthFEINorSSNInterest/PercentageAttachcopiesofallnotesandsecurityinstrumentsandanywrittenagreementordetailsofanyoralagreement,bywhichanyperson(includingpartnerships,corporations,limitedliabilitycompanies,etc.)willshareintheprofitorgrossproceedsofthisestablishment,andanyagreementrelatingtothebusinesswhichiscontingentorconditionalinanywaybyvolume,profit,sales,givingofadviceorconsultation.17.OptionalPremisesorHotelandRestaurantLicenseswithOptionalPremises:Hasalocalordinanceorresolutionauthorizingoptionalpremises beenadopted?_________NumberofadditionalOptionalPremiseareasrequested.(See licensefeechart)18.LiquorLicensedDrugstore(LLDS)applicants,answerthefollowing:(a)Isthereapharmacy,licensedbytheColoradoBoardofPharmacy,locatedwithintheapplicant’sLLDSpremise?U UIf“yes”acopyoflicensemustbeattached.19.ClubLiquorLicenseapplicantsanswerthefollowing:AttachacopyofapplicabledocumentationI(a)Istheapplicantorganizationoperatedsolelyforanational, social,fratemal,patriotic,politicalorathleticpurposeandnotforpecuniarygain?UU(b)Istheapplicant organizationaregularlycharteredbranch,lodgeorchapterofanationalorganizationwhichisoperatedsolely forUUtheobjectofa patrioticorfraternalorganizationorsociety,butnotforpecuniarygain?_________(c)Howlonghastheclubbeenincorporated?_________(d)Hasapplicant occupiedanestablishmentforthreeyears(threeyearsrequired)thatwas operatedsolelyforthereasonsstatedabove?U U20.Brew-Pub,DistilleryPuborVintner’sRestaurantapplicantsanswerthefollowing:(a)Hasthe applicantreceivedorappliedforaFederal Permit?(Copyofpermitorapplicationmustbeattached)353 OR8404(12/21/18)NameTypeofLicenseAccountNumber21.CampusLiquorComplex appUcantsanswerthefollowing:(a)Istheapplicantaninstitutionofhighereducation?YesNoEU(b)Istheapplicantapersonwhocontractswiththeinstitutionofhighereducationtoprovidefoodservices?UIf‘yes’pleaseprovideacopyofthecontractwiththeinstitutionofhighereducationtoprovidefoodservices.22.Forallon-premisesapplccants.a.HotelandRestaurant,Lodgingand Entertainment,TavernLicenseandCampusLiquorComplex, theRegisteredManagermustalsosubmitanIndividualHistoryRecord-DR8404-IandfingerprintsubmittedtoapprovedStateVendorthroughtheVendorswebsite,Seeapplicationchecklist,SectionIV.fordetails.b.ForallLiquorLicensedDrugstores(LLDS)thePermittedManagermustalsosubmitanManagerPemiitApplication-DR8000andfingerprints.LastNameofManagerFirstNameofManager23.Doesthismanageractasthemanagerof,orhaveafinancialinterestin,anyotherliquorlicensedestablishmentintheStateofColorado?Ifyes,providename,typeoflicenseandaccountnumber.24.RelatedFacility-CampusUquorComplexapp:cantsanswerthefollowing:YesNoa.Istherelatedfac:IitylocatedwithintheboundariesoftheCampusLiqucrComplex?UUIfyes,pleaseprovideamapofthegeographicallocationwithintheCampusLiquorComplex.Ifno.thislicensetypeisnotavalableforissuesoutsidethegeographicallocationoftheCampusLiquorComplex.b.Designated ManagerforRelatedFacility-CampusLiquorComplexLastNameofManagerFirstNameofManager25.TaxDistraintIrformabon.Doestheapplicantoranyotherpersonlistedonthisapplicationincludingitspartners.officers,directors,Ustockholders,members(LLC)ormanagingmembers(LLC)andanyotherpersonswitha10%orgreaterfinancialinterestintheapphcantcurrentlyhaveanoutstandingtaxd:straintissuedtothembytheColoradoDepartmentofRevenue?Ifyes,provideanexplanationandincludecopiesofanypaymentagreements.28.Ifapplicantisacorporation,partnership,associationorlimitedliabilitycompany.applicantmustlistallOfficers,Directors,GeneralPartners,andManagingMembers.Inadditron,applicantmustlistanystockholders, partners,ormemberswithownershipof10%ormoreintheapplicant.AllpersonslistedbelowmustalsoattachformDR8404-I(IndividualHistoryRecord),andmakeanappointmentwithanapprovedStateVendorthroughtheirwebsite.Seeapplicationchecklist,SectionIVfordetafls.NameHomeAd&ess,City&StaleDflRPosit;on%OwnedBrianHansen1695ProspectEstatesDrivePresident39NameHomeAd&css,City&State008Posd:on%OwnedKarinDale1660FallRiverRoadSecretary31NameHomeAddress.City&State008Position%OwnedNathanDale1660FallRiverRoadVicePresident30NameHomeAddress,city&State008Poscton%OwnedNameHomeAddress,City&State008Posit,on%Ownedifapplicantisowned100%byaparentcompany,pleaselistthedesignatedprincipalofficeronabove.Corporations-thePresident,Vice-President,SecretaryandTreasurermustbeaccountedforabove(Includeownershippemar.tageifapplicable)Iftotalownershippercentagedisclosedheredoesnottotal100%,applicantmustcheckthisbox:Applicntaffirmsthatnoindividualotherthanthesedisclosedhereinowns10%ormoreoftheapplicantanddoesnothavefinancialinterestinapQitp-?quorIisepursuanttoArticle3or5,CR5.TypeofLicense,,AccountNumber/OathOfApplicantIdeclSreunderpenaltyofperjuryintheseconddegreethatthisapplicationandallattachmentsaretrue,correct,and completetothebestofmyknowledge.Ialsoacknowledgethatitismyresponsibilityandthe responsibilityofmyagentsandemployeestocomplywiththeprovisionsoftheColoradoLiquor orBeerCodewhichaffectmylicense.AuthorizedSignaturePrintedNameandTitleDateReportandApprovalof LocalLicensingAuthority(City/County)Daleapplicationfilçd w’thlocalauthorityDateoflocalauthorityhgannu(fornewlicenseapplicants:cannolbelessthan30daysfromdateofapplication)3/b19cJ(9119454 DR8404(12/21/18)TheLocalLicensingAuthorityHerebyAffimisthateachpersonrequiredtofileDR8404-I(IndvidualHistoryRecord)oraDR8000(ManagerPermit)hasbeen:UFingerprintedUSubjecttobackgroundinvestigation,includingNCIC/CCICcheckforoutstandingwarrantsThatthelocalauthorityhasconducted,orintendstoconduct,aninspectionoftheproposedpremisestoensurethattheappfcantisincompliancewithandawareof,liquorcodeprovisionsaffectingtheirclassoflicense(CheckOne)UDaleofinspectionoranticipateddate________________________UWillconductinsoectionuoonaporovalofstatelicensinoauthorityUIstheLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within1,500Feetofanotherretailliquorlicenseforoff-YesNopremisessalesinajurisdiclionwithapopulalionof>10,0000?UUUIstheLiquorLicensedDrugstore(LLDS)orRetailLiquorStore(RLS)within3,000feetofanotherretailliquorlicenseforoff-premisessalesinajurisdictionwithapopulationof<10,0000?NOTE:ThedistanceshallbedeterminedbyaradiusmeasurementthatbeginsattheprincipaldoorwayoftheLLDS/RLSpremisesforwhichtheapplicationisbeingmadeandendsattheprincipaldoorwayoftheLicensedLLDS/RLS.UDoestheLiquor-LicensedDrugstore(LLDS)haveatleasttwentypercent(20%)ortheapplicant’sgrossannualincomederivedfromthesaleoffood,duringthepriortwelve(12)monthperiod?The foregoingapplicationhasbeenexamined;andthepremises,businesstobeconducted,andcharacteroftheapplicantaresatisfactory.Wedoreportthatsuchlcense,ifgranted,willmeetthereasonablerequementsoftheneighbothocdandthedesiresoftheadultinhabitants,andwillcomplywiththeprovisionsofTitle44.Article4or3,CR3.,andUquorRules.Therefore,thisapplicationisapproved.LocalLicen&ngAuthorityforTelephoneNumberUTown,CityUCountySignaturePrintTitleSignaturePrintTitle555 7--:‘Li3.I0’56 4357 DR8404-I(08/10/16)CO0RAD0DEPARTMENTOFREVENUELLlucrEnforcementDivision303)205-2300IndividualHistoryRecordTobecompletedbythefollowingpersons,asapplicable:soleproprietors;genera!partnersregardlessofpercentageownership,andlimitedpartnersowning10%ormoreofthepartnership;allprincipalofficersofacorporation,alldirectorsofacorporation,andanystockholderofacorporationowning10%or moreoftheoutstandingstock;managingmembersorofficersofalimitedliabHitycompany,andmembersowning10%ormoreofthecompany;andanyintendedregisteredmanagerofHotelandRestaurant,TavemandLodgingandEntertainmentclassofretaillicenseNotice:Thisindividualhistoryrecordrequiresinformationthatisnecessaryforthelicensinginvestigationorinquiry.Allquestionsmustbeansweredintheirentiretyorthelicenseapplicationmaybedelayedordenied.Ifaquestionisnotapplicable,pleaseindicatesoby“N/A’.Anydeliberatemisrepresentationormaterialomissionmayjeopardizethelicenseapplication.(Pleaseattachaseparatesheetifnecessarytoenableyoutoanswerquestionscompletely)1.NameofBusinessHomePhoneNumberCellularNumberHansen&DaleProperties,Inc.aYourFullName(last,first,middle)3.Listanyothernamesyouhaveusedpp.Ieka,th,RAr4.Mailingaddress(ifdifferentfromresidence)EmailAddress1660FaIlRiverRd.EstesPark,CO80517info@innonfalIriver.com5.Listcurrentresidenceaddress.Includeanypreviousaddresseswithinthelastfiveyears.(Attachseparatesheetifnecessary)StreetandNumberCity,State,ZipFromToCurrent1660FallRiverRd.EstesPark,CO6051706/09)1601/22/19Previous404ABayviewDr.Frisco,CO8044310/01/1306/09/166.Listallemploymentwithinthe lastfiveyears.Includeanyself-employment.(Attachseparatesheetifnecessary)NameofEmployerorBusinessAddress(Street,Number,City,State,Zip)PositionHeldFromToHansen&DaleProperties,Inc.1660FallRiverRd.EstesPark,CO80517ManagingDirectc06/09/1601/22/19PineHavenResort,Inc.1580FaIlRiverRd.EstesPark,CO80517Manager06106/1306/01/167.Listthename(s)ofrelativesworkinginorholdingafinancialinterestintheColoradoalcoholbeverageindustry.NameofRelativeRelationshiptoYouPositionHeldName ofLicenseeN/k______________8.Haveyoueverappliedfor,held,orhadaninterestinaColoradoLiquororBeerLicense,orloanedmoney,furniture,fixtures,equipmentorinventorytoanylicensee?(Ifyes,answerindetail.)CYesXNo9.Haveyoueverreceivedaviolationnotice,suspension,orrevocationfora liquorlawviolation,orhaveyouappliedfororbeendeniedaliquororbeerlicenseanywhereintheUnitedStates?(Ifyes,explainindetail.)YesNo58 10.Haveyoueverbeenconvictedofacrimeorreceivedasuspended sentence,deferredsentence,orforfeitedbailforanyoffenseincriminalor militarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)YesXNo11.Areyoucurrentlyunderprobation(supervisedorunsupervised),parole,orcompletingtherequirementsofadeferredsentence?(Ifyes,explainindetail.)YesXNo12.Haveyoueverhadanyprofessional licensesuspended,revoked,ordenied?(Ifyes,explainindetail.)LYesNoPersonalandFinancialInformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential. Thepersonalinformationrequiredinquestion#13issolelyforidentificationpurposes.13a.DateofBirthlb.SocilSii,dfvNumberc.PlaceofBirthIc/kihcrn1k)?d.us.CitizenEYesENoe.IfNaturalized,statewheref.Whend.Nameof DistrictCourth.NaturalzahonCertiftcateNumberi.DateofCertWcation.IfanAjien,GiveA4ien’sRegistrationCardNumberk.PermanentResidenceCardNumber14.FinancialInformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedliabilitycompany,other.$50000.00b.Listthetotalamountofthepersonalinvestment,madebythepersonlisted onquestion#2,inthisbusinessincludinganynotes,loans,cash,servicesorequipment, operatingcapital,stockpurchasesorfeespaid.S0*Ifcorporateinvestmentonlypleaseskipto andcompletesection(d)**Sectionbshouldreflectthetotalofsectionscandec.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)d.Providedetalsofthecorporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Type:Cash,ServicesorEquipmentType:Cash, ServicesorEquipmentCashName ofLenderAccountTypee.LoanInformation(Attachcopiesofallnotesorloans)AddressLoansAccountTypeCheckingTermBankNameBankNameAmountBankofEstesParkOathofApplicantIdecljreu.pcWrnaltyfpiurvthatthisapplicationandallattachmentsaretrue,correct,andcompletetothebestofmyknowlgdge.$50000.00SecurityAmountAmountI.Hech:rn.Weightn.HairColoro.Eye Colorp.Genderq.RacerDoyouhaveacurm”’fl’’59”135redbluefemale-caucasianYesENoID?Ifso,givenumberandslate.StateColoradorethpPrintSignature1/K4Wng].tIDateIIm1LljnapdDI,,,hl2/2W)Jr.//59 DR8404-I(0S/W/16)COLORADODEPARTMENTOFREVENUELiquorEnforcementDivision(303)205-2300IndividualHistoryRecordTobecompletedbythefollowingpersons,asapplicable:soleproprietors;generalpartnersregardlessofpercentageownership,andlimitedpartnersowning10%ormoreofthe partnership;allprincipalofficersofacorporation,alldirectorsofacorporation,andanystockholderofacorporationowning10%ormoreoftheoutstandingstock;managingmembersorofficersofalimitedliabilitycompany,andmembersowning10%ormoreofthecompany;andanyintendedregisteredmanagerofHotelandRestaurant,TavernandLodgingandEntertainmentclassofretaillicenseNotice:Thisindividualhistoryrecordrequiresinformationthatisnecessaryforthe licensinginvestigationorinquiry.Allquestionsmustbeansweredintheirentiretyorthelicenseapplicationrnaybedelayedordenied.Ifaquestionisnotapplicable,pleaseindicatesobyN/A”.Anydeliberatemisrepresentationor materialomissionmayjeopardizethelicenseapplication.(Pleaseattachaseparatesheetifnecessarytoenableyoutoanswerquestionscompletely)1.NameofBusinessHomePhoneNumbercollularNumberHansen&DaleProperties,Inc.2.YourFullName(last,first,middle)3.ListanyothernamesyouhaveusedHansen,Brian,James4.Mailingaddress(ifdifferentfromresidence)EmailAddress1660FallRiverRd.EstesPark,CD80517info@innonfallriver.com5.Listcurrentresidenceaddress.Includeanypreviousaddresseswithinthelastfiveyears.(Attachseparatesheetifnecessary)StreetandNumberICity,State,ZipIFromToCurrent1695ProspectEstatesDriveEstesPark,Colorado,8051706/28/17Previojs1675BrookCt.EstesPark, Colorado,80517I05/01/1406/28/176.Listallemploymentwithinthe lastfiveyears.Includeanyself-employment.(Attachseparatesheetifnecessary)NameofEmployerorBusinessAddress(Street,Number,City,State,Zip)PositionHeldFromIToHansen&DaleProperties,Inc.1660FallRiverRd,EstesPark,CD80517President[06/09/16PineHavenResort,Inc.1580FallRiverRd,EstesPark,CO80517Manager06/06/0406/01/167.Listthename(s)ofrelativesworkinginor holdingafinancialinterestintheColoradoalcoholbeverageindustry.NameofRelativeRelationshiptoYouPositionHeldNameofLicenseeN/+______________8.Haveyoueverappliedfor,held,orhadaninterestinaColoradoLiquororBeerLicense,orloanedmoney.Ifurniture,fixtures,equipmentorinventorytoanylicensee?(Ifyes,answerindetail.)—YesNo9.Haveyoueverreceivedaviolationnotice,suspension,orrevocationforaliquorlawviolation,orhaveyouappliedfororbeendeniedaliquororbeerlicenseanywhereintheUnitedStates?(Ifyes,explainindetail.)Yes‘‘No60 10.Haveyoueverbeenconvictedofacrimeorreceivedasuspendedsentence,deferredsentence,or forfeitedbailforanyoffenseincriminalor militarycourtordoyouhaveanychargespending?(Ifyes,explainindetail.)CYesNo11.Are youcurrentlyunderprobation(supervisedorunsupervised),parole,orcompletingtherequirementsofadeferredsentence?(Ifyes,explainindetaiL)esNo12.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes,explainindetail.)UYesNoPersonalandFinancialInformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationreouiredinquestion#13issolelyforidentificationpurposes.13a.DateofBirthb.SocialSecurityNumberc.Placeof Birth__________________________________Elkhorn,_Wisconsind.U.S.CitizenYesCNoe.IfNaturalized,statewh&re‘f.Wheng.NameofDistrictcourtIi.NaturalizahonCertificateNumberi.DateofCertificationj.IfanAien.G;vepiiefl’sRegisnionCardNumberk.PermanentResidenceCardNumberI.Heightm.WechtIn.HairColora.Eye Colorp.C-eiiderq.Racer.DoyouhaveacurrentDriversUcense!(D?Ifso,givenumberandstate.63”215(browngreenmalecaucasianYesCNo#_—StateColorado14.FinancialInformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedliabilitycompany,other$50000.00b.Listthetotalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessincludinganynotes,loans,cash,servicesorequipment,operatingcapital,stockpurchasesorfeespaid.SC)*Ifcorporateinvestmentonlypleaseskiptoandcompletesection(d)**Sectionbshouldreflectthetotalofsectionscandec.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)d.Providedetailsofthecorporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)e.LoanInformation(Attachcopiesofallnotesorloans)Type:Cash,ServicesorEquipmentType:Cash,ServicesorEquipmentCashLoansAccountTypoNameofLenderAddressTermSecurityAmountAccountTypeC1132VThBankNameBank NameBankofEstesParkAmountAmount$50000.00OathofApplicantIdeclareunderpenaltyofperjurythatthisapplicationandallattachmentsaretrue,correct,andcompletetothebestofmyknowledqe.AujgizedSignturePrintSignatureTitleDate—l?rprtaftSe(tI61 DR3404-I(08/10/16)COLORADODEPARTMENTOFREVENUELiquorEnforcementDivision(303)205-2300IndividualHistoryRecordTobecompletedbythefollowingpersons,asapplicable:soleproprietors;generalpartnersregardlessofpercentageownership,andlimitedpartnersowning10%ormoreofthepartnership;allprincipalofficersofaCorporation,alldirectorsofacorporation,andanystockholderofacorporationowning10%ormoreoftheoutstandingstock;managingmembersorofficersofalimitedliablitycompany,andmembersowning10%ormoreofthecompany; andany intendedregisteredmanagerofHotelandRestaurant,TavernandLodgingandEntertainmentclassofretaillicenseNotice:Thisindividualhistoryrecordrequiresinformationthatisnecessaryforthe licensinginvestigationorinquiry.Allquestionsmustbeansweredintheirentiretyorthelicenseapplicationmaybedelayedordenied.Ifaquestionisnotapplicable,pleaseindicatesobyN/A”.Anydeliberatemisrepresentationormaterialomissionmayjeopardizethelicenseapplication.(Pleaseattachaseparatesheetifnecessarytoenableyoutoanswerquestionscompletely)1.NameofBusinessHomePhoneNumberCellularNumber-Hansen&DaleProperties,Inc.1YourFullName(last.rrst.middle)3.ListanyothernamesyouhaveusedDale,Nathan,Wayne4.Mailingaddress(irdifferentfromresidence)EmailAddress1660FallRiverRd.EstesPark,CO80517info@innonfaIlriver.com5.Listcurrentresidenceaddress.Includeanypreviousaddresseswithinthelastfiveyears.(Attachseparatesheetifnecessary)StreetandNumberICity,State,ZipFromToCurrent1660FaIlRiverRd.EstesPark,CO8051706/09/1601/22/19Previous404ABayviewDr.Frisco,CO8044310/01/1306/09/166.Listallemploymentwithinthelastfiveyears.Includeanyself-employment.(Attachseparatesheetifnecessary)NameofEmployerorBusinessAddress(Street,Number,City,State,Zip)PositionHeldFromToHansen&DaleProperties,Inc.1660FaIlRiver Rd.EstesPark,CO80517ManagingDirectc06/09/1601/22/19MountianMulti-vision&Sound100NMainSt#205,Breckenridge,CD8042’Technician06/06/1306/01/167.Listthename(s)ofrelativesworkinginorholdingafinancialinterestintheColoradoalcoholbeverageindustry.NameofRelativeN/nIRelationshiptoYouPositionHeldNameofLicensee..tI____________________________________________________8.Haveyoueverappliedfor,held,orhad aninterestinaColoradoLiquororBeerLicense,orloanedmoney,furniture,fixtures,equipmentorinventorytoanylicensee?(Ifyes,answerindetail.)YesNo9.Haveyoueverreceivedaviolationnotice,suspension,orrevocationforaliquorlawviolation,orhaveyouappliedfororbeendeniedaliquororbeerlicenseanywhereintheUnitedStates?(Ifyes,explainindetail.)Yes‘!No62 10.Haveyoueverbeenconvictedofacrimeorreceivedasuspendedsentence,deferredsentence,orforfeitedbailforanyoffenseincriminalormilitarycourtordoyouhaveanychargespending?(Ifyes.explainindetail.)CYesNo11.Areyoucurrentlyunderprobation(supervisedorunsupervised),parole,orcompletingtherequirementsofadeferredsentence?(Ifyes,explainindetail.)YesNo12.Haveyoueverhadanyprofessionallicensesuspended,revoked,ordenied?(Ifyes,explainindetail.)UYesNoPersonalandFinancialInformationUnlessotherwiseprovidedbylaw,thepersonalinformationrequiredinquestion#13willbetreatedasconfidential.Thepersonalinformationrequiredinquestion#13issolelyforidentificationpurposes,13anaipnf Rirthb.SocialSp.r.iidtvNumberc.PlaceofBirthIWilimar,MNd.US.CitizenYesUNoe.ItNaturalizeu,statewheref.Wheng.NameofDistrictCourth.NaturalizationCertificateNumberI.DateofCertificationj,IfanAlien,GiveAlien’sRegistrationCardNumberk.PermanentResidenceCardNumberI.Heightm.Weightn,HairColoro.EyeColorp.Genderq.Racer.DoyouhaveacurrentDriver’sLicense/ID?Ifso,givenumberandslate.5’ll”190brownblueMalecaucasianYesUNo#‘_SlateColorado14.FinancialInformation.a.Totalpurchasepriceorinvestmentbeingmadebytheapplyingentity,corporation,partnership,limitedliabUitycompany,other.$50000.00b.Listthe totalamountofthepersonalinvestment,madebythepersonlistedonquestion#2,inthisbusinessincludinganynotes,loans,cash,servicesorequipment,operatingcapital,stockpurchasesorfeespaid.SC)*Ifcorporateinvestmentonlypleaseskiptoandcompletesection(d)**Sectionbshouldreflectthetotalofsectionscandec.Providedetailsofthepersonalinvestmentdescribedin14b.Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)Type:Cash,ServicesorEquipmentType:Cash,ServicesorEquipmentCashAccountTypeLoansAccountTypeCheckingBankNamed.Providedetailsofthecorporateinvestmentdescribedin14(a).Youmustaccountforallofthesourcesofthisinvestment.(Attachaseparatesheetifneeded)e.LoanInformation(Attachcofresofallnotesorloans)NameofLenderAddressTermSecurityAmountOathofApplicantIdeclareunderpenaltyofperjurythatthisapplicationandallattachmentsaretrue,correct,andcompletetothebestofmyknowledae.BankNameBankofEstesParkAmountAmount$50000.00Autec6SignPrintignatureTitleDate°I/AJ[V//-i/J4/Y&/%C6Sio2*O/ntk-i44I—63 JackieWilliamson.TownClerkTownofEstesParkEsiesPark.CO80517AdministrativeServicesTown ClerkHumanResourcesCommunityDevelopmentBuildingSafetyCodaEnforcomontPlannlnglzoningDearMs.\Villiarnson:Dale.NathanW.Hansen.Brian.1.Hansen.KarinE.CommunityServicesFairgrounds&EventsMuseumSeniorCenterVisitorServicesFinanceR0Box1747UtilityBillingAcheckof’theEstesParkPoliceDepartmentlocalrecordsontheabove-namedindividualswasconducted.InformationobtainedintherecordssystemdatesbacktoOctober.2004.Thcrearenoreportsinvolvingthcaddresslistedwiththisbusinessandinvolvingtheindividualslistedabove.Sincerely\VesKufeldChiefof’Police.EstesParkPoliceDepartmentPublicWorksEngineoringFacilitiesFleetPerksStreetsUtilitiesITLight andPowerWaterTOWNOFEJSTESPARTKMarch20,2019AdministrationTownAdministratorPublicInformationRE:TheInnonFallRiver170MACGREGORAVE.P.O.BOX1200ESTESPARK,Co80517PH.970-586-5331wvw.estes.or64 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jeffrey Woeber, Senior Planner Date: April 9, 2019 RE: Ordinance 05-19: Amending the Estes Valley Development Code Regarding the “Park and Recreation Facilities” Use, Revising the Definition, Revising the Permitted Use Tables, and Adding Specific Use Standards (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and approve a proposed text amendment to the Estes Valley Development Code (EVDC), summarized as follows: Revise and expand the definition of “Park and Recreation Facility” in Chapter 13, Definitions, Section 13.2, Use Classification/Specific Use Definitions and Examples, by separating the definition into “Public” and Private.” Revise Chapter 4, Zoning Districts, Table 4 – 1, Permitted Uses: Residential Zoning Districts by adding the revised use, “Park and Recreation Facilities – Public” as a use-by-right in all Residential Zoning Districts, with a required Location and Extent Review. “Park and Recreation Facilities – Private” would be prohibited in all Residential Zoning Districts. Revise Chapter 4, Zoning Districts, Table 4 – 4, Permitted Uses: Nonresidential Zoning Districts by adding the revised uses, “Park and Recreation Facilities – Public” and “Park and Recreation Facilities – Private” as uses-by-right in the A, A-1, CD, CO, and O Nonresidential Zoning Districts. Revise Chapter 5, Use Regulations, Section 5.1, Specific Standards, by adding standards applicable to Public Park and Recreation Facilities and to Private Park and Recreation Facilities. 65 Present Situation: The existing “Park and Recreation Facilities” use is currently allowed as a use-by-right in all residential, and all but two of the non-residential zoning districts in the EVDC. This became a significant issue recently with a Development Plan application and approval for a “Recreation Facility” use that was allowed as a use-by-right in an RE-1, Rural Estate zoned area of the Estes Valley. With the concerns that were raised with that proposal, the Town of Estes Park Board of Trustees and the Larimer Board of County Commissioners imposed a moratorium on the acceptance and processing of any development applications for Park and Recreation Facilities in residential zoning districts within the Estes Valley Development Code Planning Area. This moratorium is currently through April 7, 2019. During that time, the Boards directed staff to amend the EVDC, to where the “Park and Recreation Facilities” use would be better clarified and defined, and where potential further issues could be avoided. There have been a few attempts at a Code Amendment over the past couple of months, none of which have been found viable by the Planning Commission, Town Staff, and/or County Staff. This current Code conceptual approach has been drafted by Robert Leavitt, Chairman of the Estes Valley Planning Commission. A proposal and explanation written by Chairman Leavitt is attached. The Code Amendments attached as Exhibit A [Red] were put together by staff, in the standard Code Section Exhibit format. Proposal: To amend the “Park and Recreation Facilities” use in the EVDC with revisions to Chapter 13, Definitions, Chapter 4 (Tables 4 – 1 and 4 – 4), and Chapter 5, Use Regulations as described herein and as specified on the attached Exhibit A [Red]. This proposal differentiates Park and Recreation Facilities as public or private, rather than commercial or noncommercial. Advantages: Generally complies with the EVDC §3.3.D Code Amendments, Standards for Review. Clarifies and better defines the “Park and Recreation Facilities” use. Disadvantages: Adds slightly to Code length and complexity. Action Recommended: Staff is recommending approval of the proposed amendment as draft in Exhibit A [Red]. The Estes Valley Planning Commission, at their March 19, 2019 meeting, forwarded a recommendation of approval of the Code Amendment, by a vote of 6 – 0. 66 Finance/Resource Impact: N/A Level of Public Interest Medium. Some public comment has been received. Written comments have been received for this proposal. All written comments are posted to: www.estes.org/currentapplications. Sample Motion: I move that the Town Board of Trustees approve the Estes Valley Development Code amendment as stated in Ordinance No. 05-19, including findings as identified in the Ordinance. I move that the Town Board of Trustees deny the Estes Valley Development Code amendment as stated in Ordinance No. 05-19, finding that… [state findings for denial] I move that the Town Board of Trustees continue the Estes Valley Development Code amendment as stated in Ordinance No. 05-19 to [date certain], in order that… [state direction to staff pursuant to continuance] Attachments: 1. Ordinance No. 05-19: Amending the Estes Valley Development Code Regarding the “Park and Recreation Facilities” Use, Revising the Definition, Revising the Permitted Use Tables, and Adding Specific Use Standards 2. Exhibit A [Red] EVDC, Section 13.4, Definition EVDC, Table 4 – 1 and 4 – 4 (Excerpts of Full Tables) EVDC, Section 5.1, Specific Use Standards 3. Parks and Recreation Code Change Proposal, by EVPC Chairman Leavitt 67 ORDINANCE NO. 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE “PARK AND RECREATION FACILITIES” USE, REVISING THE DEFINITION, REVISING THE PERMITTED USE TABLES, AND ADDING SPECIFIC USE STANDARDS WHEREAS, on March 19, 2019, the Estes Valley Planning Commission conducted a public hearing on a proposed text amendment to the Estes Valley Development Code Regarding the “Park and Recreation Facilities” Use, Revising the Definition, Revising the Permitted Use Tables, and Adding Specific Use Standards, and found that the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review; and WHEREAS, on March 19, 2019, the Estes Valley Planning Commission voted to recommend approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review and has determined that it is in the best interest of the Town that the amendment to the Estes Valley Development Code, as set forth on Exhibit A [Red], be approved; and WHEREAS, said amendment to the Estes Valley Development Code is set forth on Exhibit A [Red], attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit A [Red]. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2019. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 68 I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 20XX and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 20XX, all as required by the Statutes of the State of Colorado. Town Clerk 69 EXHIBIT RED PAGE 1 EXHIBIT A [Red] § 13.2 - USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES C. Use Classification/Specific Use Definitions and Examples. This Section sets forth specific use classifications in alphabetical order. A general definition is typically provided for each use classification, and in many instances examples are provided of specific uses that fall within the broader use classification. When a specific use example is provided, the example should satisfy both the broader classification's general definition as well as the definition of the specific use, if provided. Finally, the text may provide specific examples of uses that are not included in a particular use classification (referred to in the text as "exceptions"). 34. Park and Recreation Facilities. Parks, playgrounds, recreation facilities and open spaces. This classification includes public parks, cemeteries, public squares, plazas, playgrounds, ballfields, public recreation areas, nonprofit botanical gardens and nature preserves. Golf courses are classified separately as a recreational use. (Ord. 17-17, § 1(Exh. F)) 34. Park and Recreation Facilities. a. Park and Recreation Facilities – Public. Publicly owned parks, playgrounds, recreation facilities and open spaces. Ownership is through public entities such as federal, state, county and municipal government or a public recreation district. Golf courses are classified separately as a recreational use. b. Park and Recreation Facilities – Private. Privately owned and operated parks, playgrounds, recreation facilities and open spaces. Golf courses are classified separately as a recreational use. 70 EXHIBIT RED PAGE 2 § 4.3 - Residential Zoning Districts B. Table 4-1: Permitted Uses: Residential Zoning Districts. Table 4-1 Permitted Uses: Residential Zoning Districts Use Classification Specific Use Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated ) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited RE- 1 RE E- 1 E R R- 1 R- 2 RM INSTITUTIONAL, CIVIC AND PUBLIC USES Park and Recreation Facilities P P P P P P P P §3.13, Location & Extent Review Park and Recreation Facilities - Public P P P P P P P P §3.13, Location & Extent Review Park and Recreation Facilities - Private __ __ __ __ __ __ __ __ 71 EXHIBIT RED PAGE 3 § 4.4 - Nonresidential Zoning Districts B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Use Classification Specific Use Nonresidential Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited A A-1 CD CO O CH I-1 INSTITUTIONAL, CIVIC & PUBLIC USES Park and Recreation Facilities P P P P P — — §3.13, Location & Extent Review Park and Recreation Facilities – Public P P P P P — — §3.13, Location & Extent Review Park and Recreation Facilities – Private P P P P P — — 72 EXHIBIT RED PAGE 4 CHAPTER 5. - USE REGULATIONS § 5.1 - SPECIFIC USE STANDARDS This Section contains regulations that apply to specific uses or classes of uses. W. Park and Recreation Facilities. Park and Recreation Facilities shall be divided into two classifications: Public, and Private, as defined in the EVDC Section 13.2.C.34.a. and 13.2.C.34.b. 1. Public Park and Recreation Facilities include traditional public parks, cemeteries, public squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor and outdoor recreation facilities owned by public entities such as federal, state, county and municipal government or a recreation district. Temporary commercial and non-commercial uses are allowed through a temporary use permit as specified in EVDC Section 5.3. Public Park and Recreation Facilities are permitted in most zoning districts as listed in Tables 4 – 1 and 4 – 4. Public Park and Recreation Facilities in non-residential zoning districts may have private concessions and rental arrangements for use of facilities therein. Public Park and Recreation Facilities in residential zoning districts are not permitted to have private concessions and rental arrangements for facilities therein. A Location and Extent Review is required to establish or modify a Public Park and Recreation Facility. 2. Private Park and Recreation Facilities include privately owned and operated commercial and non-commercial parks, playgrounds, ballfields, nonprofit botanical gardens, nature preserves, cemeteries and other private indoor and outdoor recreation facilities. Private Park and Recreation Facilities are not permitted in residential zoning districts (See Table 4 – 1). Passive open space is allowed in residential zoning districts. 73 Attachment 3 Park and Recreation Code Change Proposal Table 4.1 - Permitted Uses: Residential Zoning Districts Park and Recreation Facilities. Change this to Parks and Recreation Facilities - Public. Permitted in all residential zones. Location and extent review required. Table 4.4 - Permitted Uses: Nonresidential Zoning Districts Park and Recreation Facilities. Change this to Park and Recreation Facilities - Public and Private. Permitted in all non-residential zones except CH and I-1, as in the current table. Location and extent review only required for public parks and recreation facilities. Parks and Recreation Facilities Definition Current Definition: 13.2.A.34. Park and Recreation Facilities. Parks, playgrounds, recreation facilities and open spaces. This classification includes public parks, cemeteries, public squares, plazas, playgrounds, ballfields, public recreation areas, nonprofit botanical gardens and nature preserves. Golf courses are classified separately as a recreational use. Proposed Definitions: 13.2.C.34.a Park and Recreation Facilities - Public. Publicly owned parks, playgrounds, recreation facilities and open spaces. Ownership is through public entities such as federal, state, county and municipal government or a recreation district. Golf courses are classified separately as a recreational use. 13.2.C.34.b Park and Recreation Facilities - Private. Privately owned and operated parks, playgrounds, recreation facilities and open spaces. Golf courses are classified separately as a recreational use. 5.1.V Park and Recreation Facilities Park and Recreation Facilities shall be divided into 2 classifications: public and private, as defined in 13.2.C.34a and 13.2.C.34b. Public park and recreation facilities include traditional public parks, cemeteries, public squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor and outdoor recreation facilities owned by public entities such as federal, state, county, and municipal government or a recreation district. Temporary 74 - 2 - commercial and non-commercial uses are allowed through a temporary use permit as specified in EVDC section 5.3. Public park and recreation facilities are permitted in most zoning districts (as listed in Tables 4.1 and 4.4). Public park and recreation facilities in non-residential zones are permitted to have private concessions and rental arrangements for use of facilities therewithin. Public park and recreation facilities in residential zones are not permitted to have private concessions and rental arrangements for facilities therewithin. A Location and Extent review is required to establish or modify a public park are recreation facility. Private park and recreation facilities include privately owned and operated commercial and non-commercial parks, playgrounds, ballfields, nonprofit botanical gardens, nature preserves, cemeteries, and other private indoor and outdoor recreation facilities. Private park and recreation facilities are not permitted in residential zoning districts. (See Table 4.1). Private park and recreation facilities are permitted in most non-residential zones (See Table 4.4). 75 - 3 - Addendum To Park and Recreation Code Change Proposal Operating Philosophy for This Code Change: It is not possible to anticipate all the possible scenarios for park and recreation facilities in residential zones. This proposed code change contains tight restrictions on what is and is not allowed. Basically, no commercial park and recreation facilities would be permitted in residential zones. Code changes can be made in the future to address any commercial parks and recreation usage that the community deems to be appropriate for residential zones. Notes for Future Code Changes: 1. We need the following inventories: a. Town and county owned undeveloped land in residential and non-residential zones (potential public park sites). b. Existing public park and recreation facilities in residential and non-residential zones, with their zoning designations. c. Private commercial and non-commercial park and recreation facilities in residential zones. These are either non-conforming now or will become non- conforming with this code change. We know of 2 examples for sure: A rock climbing school on Prospect Mountain and fishing lessons given at private ponds. What others exist in the Estes Valley? d. Private commercial and non-commercial park and recreation facilities in non- residential zones. Just to complete the inventory. These inventories will help determine the best way to deal with park and recreation facilities in the future. We may also need these inventories to ensure that this code change, as written, will correctly deal with current Estes Valley land use situations. In other words, do the inventories before finalizing this code change. However, the inventories could take quite a bit of time to complete. Alternatively, we could do the code change now and fix any problems that crop up later. 2. It is safe to assume that at least a few non-conforming commercial park and recreation facilities will continue to exist in residential zoning districts. These businesses will be allowed to operate (but not expand or change their usage) until their situation is addressed by subsequent code changes or zoning actions. 3. To accommodate some of the non-conforming commercial parks and recreation facilities it may be desirable to create another commercial zone. In this zone a business would be allowed to operate a commercial park and recreation facility, but 76 - 4 - the broad range of commercial activities that are allowed in other commercial zones would be prohibited. 4. With the introduction of this code change the Mountain Coaster (if it is approved in the courts) will become a non-conforming (but grandfathered) facility. Under the EVDC it will not be allowed to expand or change its usage. A code change or zoning action would be required for it to expand or change usage. 5. The entire topic of grandfathering non-conforming usage needs to be examined as we may not be applying the existing code correctly. 6. Temporary use permits will be used to address commercial events in public park and recreation facilities such as farmers market events in Bond Park. Permanent concessions and rental arrangements will continue be allowed in public park and recreation facilities that are in non-residential zones, as they are today. Should the need arise for permanent concessions and rental arrangements in residentially zoned public park and recreation facilities it can be addressed in a future code change. 7. Section 5.3 in the EVDC - Temporary Uses and Structures - needs to be revised to clarify how and when temporary use permits can be used. It is currently rather wide- open. 8. A Location and Extent review is required for all public park and recreation facilities. This ensures that there will be a full public review as well as hearings before the Planning Commission and either the Town Trustees or County Commissioners before any such facility is built. Bob Leavitt Chairman Estes Valley Planning Commission 77 78 UTILITIES Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Reuben Bergsten, Director Date: April 9, 2019 RE: Professional Contracts for Broadband Start-Up (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To meet the procurement requirements for contracts over $100,000 and terms with multiple years. Present Situation: The Town is using subject matter experts during the startup and growth phases of our broadband operations. We are presently working with consultants in the following areas: Company Office Services Provided Fullstack Estes Park Network engineering and administration, back office software solutions, and owner’s representative eStrategy3, LLC Estes Park Contact Center, Services, Sales and Marketing Old Town Media, Inc, Fort Collins Marketing Campaigns The procurement policy requires Town Board approval when spending over $100,000 with a vendor. The expenditures were included in the seed money approved by Town Board. We anticipate spending more than $100,000 with these firms and we will use their services over multiple years. The five year term is consistent Proposal: We request Board approval of these agreements. They all have five-year terms with the standard 30-day notification for termination. The billing is set at an agreed hourly rate. The total expenditures with each consultant will exceed the $100,000 threshold. 79 Advantages: Staff can respond to the dynamic nature of this startup without delays. Contracted services allow for agile staffing as needed Levering expertise of consultants in their respective fields Provides immediate hands-on resources Consultants can make plans and decisions with some assurance of on-going work. The agreements include a 30-day termination clause if needed. The consultants and staff can focus on work knowing the process for contracts/compensation has been completed. Disadvantages: Potentially higher cost; however, there is no commitment and allows for quicker staffing and more flexibility as we adjust to the growing needs of the project. Consultants are outside the direct control of Town’s organization; however, they provide expertise and third-party objectivity to focus on the project at hand without distractions from internal day-to-day priorities of the Town. Internal staff resources are required to manage the consultants; however, timely results are achieved without adding additional staff at this time. Action Recommended: Staff recommends approval of the agreements. Finance/Resource Impact: The $3 Million seed funding previously approved by this board includes these expenditures. Level of Public Interest Medium - broadband service is high profile; however, there is limited interest in the details of how it is developed. Sample Motion: I move for the approval/denial of the Professional Contracts for Broadband Start-Up with FullStack, eStrategy3, LLC and Old Town Media Inc. Attachments: 1. Company Background websites Full Stack: https://gofullstack.com/work/ eStrategy3, LLC: http://www.estrategy3.com/Experience-Estes-Park-CO.html Old Town Media Inc.: https://oldtownmediainc.com/our-work/ 2. Agreements FullStack Agreement eStrategy3, LLC Agreement Old Town Media Inc. Agreement 80 PROFESSIONAL SERVICES CONTRACT This Contract is effective the 15th day of April, 2019, by and between the Town of Estes Park, Colorado (“Town”) and Cramer Development Incorporated, DBA “FullStack” (“Consultant”). WHEREAS, the parties desire to contract with one another for Consulting Services, Project Management and Technology Systems Integration NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Services. a. Consultant shall furnish labor and materials required for the performance of its duties, obligations and responsibilities (“Services”) which are described or reasonably implied in the scope of work, attached hereto and made a part hereof as Exhibit A. b. The Town reserves the right to remove any of the Services from Exhibit A upon written notice to Consultant. In the event of any conflict between this Contract and Exhibit A, the provisions of this Professional Services Contract (“Contract”) shall prevail. c. No material change to the Services, including any additional compensation, shall be effective or paid unless authorized by written amendment to this Contract executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Contract, either directly or implied by a course of action. 2. Compensation. In consideration for services provided by Consultant, the Town shall pay Consultant an amount equal to the firm-fixed rates and reimbursable expenses as follows: a. Consultant shall provide the Town monthly invoices for Services performed during the preceding month at an hourly rate of $150. b. Invoices will detail services rendered and time spent. c. The Town will pay all reasonable and approved travel related expenses. d. Payment terms will be net thirty (30) days upon receipt of Consultant’s invoice. 3. Term. This Contract shall be effective from the effective date of this Contract through December 31, 2024. This Contract may be extended or renewed by written agreement of the parties. 4. Appropriation. To the extent this Contract constitutes a multiple-fiscal-year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the 81 PROFESSIONAL SERVICES CONTRACT, FullStack & Town of Estes Park Page 2 of 6 Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. 5. Independent Contractor. The parties agree that the Consultant is an independent contractor and is not an employee of the Town. The Consultant is not entitled to workers’ compensation benefits from the Town and is obligated to pay federal and state income tax on any money earned pursuant to this Contract. This also applies to any employees or agents of Consultant performing work under the terms of this Contract. 6. Insurance Requirements. a. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. i. Comprehensive general liability insurance insuring the Consultant and naming the Town as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. ii. Workers’ compensation insurance and all other insurance required by any applicable law. b. Failure on the part of Consultant to procure or maintain insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. 7. Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage, including court costs and attorneys’ fees, arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or any sub consultant of the Consultant, any officer, employee, or agent of the Consultant or any other person for whom the Consultant is responsible. The Consultant’s indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused 82 PROFESSIONAL SERVICES CONTRACT, FullStack & Town of Estes Park Page 3 of 6 by the act, omission, or other fault of the Town. This paragraph shall survive the termination or expiration of this Contract. 8. Professional Responsibility. a. The Services shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Services shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. b. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all drawings, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its drawings, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions which fall below the standard of professional practice. c. Approval by the Town of drawings, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of its services. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Consultant’s services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. d. Consultant may employ independent subcontractors in connection with the performance of the Services. Consultant shall remain responsible for obligations, Services, and functions performed by subcontractors to the same extent as if they were performed by Consultant’s employees and, for purposes of this Agreement, such work shall be deemed work performed by Consultant. Consultant shall be responsible and liable for any and all costs associated with enforcing Town’s rights under this Agreement against Consultant’s agents and subcontractors. Upon execution of this Contract, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Contract including, but not limited to, Section 10. e. The Consultant agrees to comply with and abide by the Town’s IT policies and procedures. At the time of execution of this Contract, the Consultant will execute an acknowledgment of such abidance and compliance with the current Town IT policies and any future applicable IT policies. The form of acknowledgement is attached hereto and made a part hereof as Exhibit D. 9. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the 83 PROFESSIONAL SERVICES CONTRACT, FullStack & Town of Estes Park Page 4 of 6 Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 10. Compliance with Applicable Laws. Generally. The Consultant shall comply with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town. The Consultant shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits and approvals. 11. Termination. a. Without Cause. Either party may terminate this Contract without cause upon thirty (30) days prior written notice to the other. The Town shall be liable to pay the Consultant for Services performed as of the effective date of termination, but shall not be liable to the Consultant for anticipated profits. b. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of termination of this Contract pursuant to this section, the non-defaulting party shall be entitled to recover all damages caused by said default. In the event that Consultant is in default, the Town may withhold payment to the Consultant for the purposes of setoff until such time as the amount of damages is determined. 12. Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three days after being sent by certified mail, return receipt requested: To the Town: To the Consultant: Reuben Bergsten Josh Cramer Town of Estes Park Fullstack 170 MacGregor Avenue Estes Park, CO 80517 Email: RBergsten@Estes.org Email: Josh@GoFullstack.com 13. Entire Agreement. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Contract. 14. Assignment. The Consultant shall not assign this Contract without the Town’s prior written consent. 84 PROFESSIONAL SERVICES CONTRACT, FullStack & Town of Estes Park Page 5 of 6 15. Governing Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 16. Work Product. The Town acknowledges that the documents created by Consultant and any subcontractor(s) for this Contract (the “Work Product”), are instruments of professional service. Nevertheless, the Town shall be authorized to use and reproduce applicable portions of the Work Product including, but not limited to, use by other consultants, contractors, and agents of the Town. The Work Product shall become the property of the Town upon delivery to the Town. Consultant, however, shall retain its rights in its standard databases, computer software, and any other proprietary property and all rights to any intellectual property developed, utilized, or modified in the performance of this Contract. 17. Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and costs as determined by the court. 18. Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq. Signed by the parties on the date first written above. TOWN OF ESTES PARK, COLORADO By: ____________________________________ Title: Reuben Bergsten, Utilities Director____ Printed Name and Title ATTEST: By: ________________________________________ Title: Printed Name and Title CONSULTANT, Fullstack By: ____________________________________ Title: Josh Cramer, CEO____ Printed Name and Title ATTEST: By: ________________________________________ Title: Printed Name and Title 85 Exhibit A Page 6 of 6 Scope of work: • HTE / DB2Connect Integration • HTE / Arcmap Customer Information Synchronization • Broadband UCRM Finance Reporting • Meter Deprovisioning Integration • TuNet Multispeak API Migration • Outage Reporting Updates o Manually Reported Outages o Outage Mapping • Enhanced HTE Meter Provisioning Automation • Public Customer Login Integration • Public Outage Notifications • Public Account Profile Management • HTE > Fusion > Paymentus Integration • Broadband & Utilities Website • Broadband Startup Services • Support with the LaserFiche Document Management system • Ongoing Services as Needed 86 PROFESSIONAL SERVICES CONTRACT This Contract is effective the 15th day of April, 2019, by and between the Town of Estes Park, Colorado (“Town”) and eStrategy3, LLC (“Consultant”). WHEREAS, the parties desire to contract with one another for Consulting Services, Project Management of Customer Support implementation, channels and corresponding operational processes and systems. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Services. a. Consultant shall furnish labor and materials required for the performance of its duties, obligations and responsibilities (“Services”) which are described or reasonably implied in the scope of work, attached hereto and made a part hereof as Exhibit A. b. The Town reserves the right to remove any of the Services from Exhibit A upon written notice to Consultant. In the event of any conflict between this Contract and Exhibit A, the provisions of this Professional Services Contract (“Contract”) shall prevail. c. No material change to the Services, including any additional compensation, shall be effective or paid unless authorized by written amendment to this Contract executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Contract, either directly or implied by a course of action. 2. Compensation. In consideration for services provided by Consultant, the Town shall pay Consultant an amount equal to the firm-fixed rates and reimbursable expenses as follows: a. The Town of Estes Park is invoiced based on the actual hours of Services performed and expenses incurred. b. Consultant shall provide the Town of Estes Park monthly invoices for Services performed during the preceding month at an hourly rate of $150. c. Invoices will detail services rendered and time spent d. The Town of Estes Park will pay all reasonable and approved travel related Expenses e. Payment terms will be net thirty (30) days upon receipt, Consultant’s invoice. The invoices shall include the agreed-upon fees and expenses anticipated to be incurred by Consultant in performing all services hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and expenses anticipated to be incurred by others in performing the work described in Exhibit A. 87 PROFESSIONAL SERVICES CONTRACT, eStrategy3, LLC & Town of Estes Park Page 2 of 7 3. Term. This Contract shall be effective from the date of execution of this Contract through December 31, 2024. This Contract may be extended or renewed by written agreement of the parties. 4. Appropriation. To the extent this Contract constitutes a multiple-fiscal-year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. 5. Independent Contractor. The parties agree that the Consultant is an independent contractor and is not an employee of the Town. The Consultant is not entitled to workers’ compensation benefits from the Town and is obligated to pay federal and state income tax on any money earned pursuant to this Contract. This also applies to any employees or agents of Consultant performing work under the terms of this Contract. 6. Insurance Requirements. a. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. i. As a self-employed individual, worker's compensation does not apply. If this status changes, worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars ($500,000) disease – each employee. Evidence of qualified self-insured status may be substituted for the worker's compensation requirements of this paragraph. ii. Workers’ compensation insurance and all other insurance required by any applicable law. b. As a self-employed individual and the content of the scope of services does not require professional licensed work the Consultant is not required to provide any insurance other than listed in A above. c. Failure on the part of Consultant to procure or maintain insurance required herein shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the 88 PROFESSIONAL SERVICES CONTRACT, eStrategy3, LLC & Town of Estes Park Page 3 of 7 Town upon demand, or the Town may offset the cost of the premiums against any monies due to Consultant from the Town. 7. Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage, including court costs and attorneys’ fees, arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or any sub consultant of the Consultant, any officer, employee, or agent of the Consultant or any other person for whom the Consultant is responsible. The Consultant’s indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the Town. This paragraph shall survive the termination or expiration of this Contract. 8. Professional Responsibility. a. The Services shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Services shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. b. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all drawings, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its drawings, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions which fall below the standard of professional practice. c. Approval by the Town of drawings, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of its services. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Consultant’s services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. d. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or work for the services provided by Consultant pursuant to the terms and conditions of this Contract. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the Town. e. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than 89 PROFESSIONAL SERVICES CONTRACT, eStrategy3, LLC & Town of Estes Park Page 4 of 7 twenty percent (20%) of the work required under the Scope of Services. Upon execution of this Contract, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Contract including, but not limited to, Section 10. f. The Consultant agrees to comply with and abide by the Town’s IT policies and procedures. At the time of execution of this Contract, the Consultant will execute an acknowledgment of such abidance and compliance with the current Town IT policies and any future applicable IT policies. The form of acknowledgement is attached hereto and made a part hereof as Exhibit D. 9. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, 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. 10. Compliance with Applicable Laws. Generally. The Consultant shall comply with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town. The Consultant shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits and approvals. 11. Termination. a. Without Cause. Either party may terminate this Contract without cause upon thirty (30) days prior written notice to the other. The Town shall be liable to pay the Consultant for Services performed as of the effective date of termination, but shall not be liable to the Consultant for anticipated profits. b. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of termination of this Contract pursuant to this section, the non-defaulting party shall be entitled to recover all damages caused by said default. In the event that Consultant is in default, the Town may withhold payment to the Consultant for the purposes of setoff until such time as the amount of damages is determined. 12. Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three days after being sent by certified mail, return receipt requested: 90 PROFESSIONAL SERVICES CONTRACT, eStrategy3, LLC & Town of Estes Park Page 5 of 7 To the Town: To the Consultant: Reuben Bergsten Sid Scott Town of Estes Park eStrategy3, LLC 170 MacGregor Avenue 500 W Prospect Mountain DR Estes Park, CO 80517 Estes Park CO 80517 Email: RBergsten@Estes.org Email: SOScott@estrategy3.com 13. Entire Agreement. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Contract. 14. Assignment. The Consultant shall not assign this Contract without the Town’s prior written consent. 15. Governing Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 16. Work Product. The Town acknowledges that the documents created by Consultant and any subcontractor(s) for this Contract (the “Work Product”), are instruments of professional service. Nevertheless, the Town shall be authorized to use and reproduce applicable portions of the Work Product including, but not limited to, use by other consultants, contractors, and agents of the Town. The Work Product shall become the property of the Town upon delivery to the Town. Consultant, however, shall retain its rights in its standard databases, computer software, and any other proprietary property and all rights to any intellectual property developed, utilized, or modified in the performance of this Contract. 17. Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and costs as determined by the court. 91 PROFESSIONAL SERVICES CONTRACT, eStrategy3, LLC & Town of Estes Park Page 6 of 7 18. Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq. Signed by the parties on the date first written above. TOWN OF ESTES PARK, COLORADO By: ____________________________________ Title: Reuben Bergsten, Utilities Director____ ATTEST: ________________________ CONSULTANT, eStrategy3, LLC By: ____________________________________ Title: ____________________________________ ATTEST: ________________________ 92 Exhibit A Page 7 of 7 Scope of work: Provide consulting services, expertise and recommendations in all applicable areas of the Town's broadband enterprise upon request including but not limited to: I. Provide management and oversight services relative to the implementation and growth of the Customer Support function. II. Assist in coordinating and making recommendations relative to marketing and promotional efforts. III. Research and recommend strategic partnerships to assist in the broadband enterprise. IV. Provide written process documentation, training curriculum, scripting, messaging and any other support materials upon request. 93 Page 1 of 7 PROFESSIONAL SERVICES CONTRACT This Contract is effective into this 15 day of April 2019, by and between the Town of Estes Park, Colorado (“Town”) and Old Town Media Inc. (“Consultant”). Whereas, the parties desire to contract with one another to perform marketing campaigns for the Town. Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Services. a. The Consultant shall perform the services set forth in Exhibit A, attached hereto and incorporated herein by reference (“Services”). The Town reserves the right to remove any of the Services from Exhibit A upon written notice to Consultant. In the event of any conflict between this Contract and Exhibit A, the provisions of this Contract shall prevail. b. No material change to the Services, including any additional compensation, shall be effective or paid unless authorized by written amendment to this Contract executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. c. The Town represents and warrants to Consultant that any information or documentation provided to Consultant to perform the Services is accurate and that the Consultant shall rely on the Town’s representation of accordance to perform the Services. The Town represents and warrants to Consultant that the Town owns or holds the proper license(s) to use and distribute information, documents, photographs, or other materials provided to Consultant to perform the Services. The obligations under this subparagraph shall survive the Contract. 2. Compensation. In consideration for services provided by consultant, The Town shall pay the consultant an amount equal to the firm fixed rates and reimbursable expenses in accordance Exhibit B. 3. Term. This Contract shall be effective through 12/31/2024. This Contract may be extended or renewed by written agreement of the parties. 4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. 94 Page 2 of 7 5. Independent Contractor. The parties agree that the Consultant is an independent Contractor and is not an employee of the Town. The Consultant is not entitled to workers’ compensation benefits from the Town and is obligated to pay federal and state income tax on any money earned pursuant to this Contract. 6. Insurance Requirements. a. Policies. The Consultant and its subconsultants, if any, shall procure and keep in force during the duration of this Contract the following insurance policies and shall provide the Town with a certificate of insurance evidencing upon execution of this Contract: i. Comprehensive general liability insurance insuring the Consultant and naming the Town as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. ii. Comprehensive automobile liability insurance insuring the Consultant and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Consultant which are used in connection with this Contract, whether the motor vehicles are owned, non- owned, or hired, with a combined single limit of at least $1,000,000. iii. Professional liability insurance insuring the Consultant against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. iv. Workers’ compensation insurance and all other insurance required by any applicable law. b. Requirements. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. Said policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. The Consultant shall identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal the Consultant changes to “occurrence,” the Consultant shall carry a six-month tail. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. Such policies shall provide that the Town, although named as an additional insured, shall nevertheless be 95 Page 3 of 7 entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of the Contractor, its officers, employees, agents, subconsultants, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 96 Page 4 of 7 7. Indemnification. a. The Consultant agrees to indemnify and hold harmless the Town, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage, including court costs and attorneys’ fees, arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or any subconsultant of the Consultant, or any officer, employee, or agent of the Consultant or any subconsultant, or any other person for whom the Consultant is responsible. The Consultant’s indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the Town. The Town waives any consequential damages or punitive damages against Consultant. This paragraph shall survive the termination or expiration of this Contract. 8. Professional Responsibility. a. Consultant hereby warrants that it is qualified to perform the Services, holds all professional licenses required by law to perform the Services, and has all requisite corporate authority to enter into this Contract. b. The Services shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Services shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. c. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions which fall below the standard of professional practice. d. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of its services. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Consultant’s services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. e. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or 97 Page 5 of 7 work for the services provided by Consultant pursuant to the terms and conditions of this Contract. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the Town. f. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Contract, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Contract including, but not limited to, Section 10. 9. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, 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. 10. Compliance with Applicable Laws. a. Generally. The Consultant shall comply with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town. The Consultant shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits, licenses, and approvals. A current business license, issued by the Estes Park Town Clerk, is required to render the services described in this contract. b. C.R.S. Article 17.5, Title 8. The Consultant hereby certifies that, as of the date of this Contract, it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Consultant will participate in the e-verify program or Colorado Department of Labor and Employment (“Department”) program as defined in C.R.S. § 8-17.5-101 in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. The Consultant certifies that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the e-verify program or the Department program. The Consultant is prohibited from using either the e- verify program or the Department program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. If the Consultant obtains actual knowledge that a subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) notify the subconsultant and Town within three days that Consultant has actual knowledge that the 98 Page 6 of 7 subconsultant is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this subparagraph the subconsultant does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. The Consultant shall comply with any reasonable request by the Department made in the course of an investigation that it is undertaking pursuant to the authority established in C.R.S. Article 17.5, Title 8. If the Consultant violates this paragraph, the Town may terminate this Contract for default in accordance with “Termination,” below. If this Contract is so terminated, the Consultant shall be liable for actual and consequential damages to the Town. 11. Termination. a. a. Without Cause. Either party may terminate this Contract without cause upon thirty days prior written notice to the other party. The Town shall be liable to pay the Consultant for Services performed as of the effective date of termination, but shall not be liable to the Consultant for anticipated profits. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of termination of this Contract pursuant to this Section, the non-defaulting party shall be entitled to recover all damages caused by said default. In the event that Consultant is in default, the Town may withhold payment to the Consultant for the purposes of setoff until such time as the amount of damages is determined. 12. Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three days after being sent by certified mail, return receipt requested: To the Town: To the Consultant: Reuben Bergsten Name: Miles Kailburn Utilities Director Title: CEO Town of Estes Park Company: Old Town Media, Inc. 170 MacGregor Avenue Address: P.O. Box 187 Estes Park, CO 80517 City/State/Zip: Fort Collins, CO 80524 Email: y.name@estes.org Email: sales@oldtownmediainc.com 13. Time of the Essence. Time is of the essence in performance of the Services and is a significant and material term of this Contract. 14. Entire Agreement. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or 99 Page 7 of 7 amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Contract. 15. Assignment. The Consultant shall not assign this Contract without the Town’s prior written consent. 16.Governing Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 17.Instruments of Service. Drawings, models, specifications, research, reports, studies, data, photographs and other documents, including those in electronic form, prepared by Consultant and its subconsultants in the performance of obligations under this Contract are Instruments of Service for use solely with respect to the project identified in this Contract. Consultant and its subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights; except that, upon execution of this Contract, the Consultant grants to the Town a non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the Consultant's Instruments of Service solely in connection with the above-referenced project, including the project's further development by the Town and others retained by the Town for such purposes. The Consultant shall obtain similar licenses from its subconsultants consistent with this Contract. Consultant shall, during the term of this Contract provide the Town with copies of all Instruments of Service prepared by Consultant or its subconsultants contemporaneous with such preparation, and shall provide them in electronic format or any other format requested by the Town. 18.Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and costs as determined by the court. 19.Force Majure. Should any party be unable to perform any obligation required of it under this Agreement, other than the payment of money, because of any cause beyond its control including, but not limited to, war, insurrection, riot, civil commotion, shortages, strikes, lockout, fire, earthquake, calamity, windstorm, flood, material shortages, failure of any suppliers, freight handlers, transportation vendors or like activities, or any other force majure, then such party's performance of any such obligation shall be suspended for such period as the party is unable to perform such obligation. 20.Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq. Signed by the parties on the date written above. Town of Estes Park, Colorado By: ____________________________________ Title: ____________________________________ 100 Page 8 of 7 Consultant By: Miles Kailburn Title: CEO 101 Page 9 of 7 Exhibit A Scope of Work Marketing Campaigns Background Research, Discovery & Intelligence Gathering - Research, audience analysis, & review of key support materials - Planning Meetings (internal team): preparation, attendance, meeting summaries, etc. for duration of project (based on 10-12 months) - Delivery of findings and recommendations Community Outreach / Communications Plan Development, Stakeholder Outreach, Messaging, etc. o Comprehensive Communications Plan Design & Team Training o Message definition, soundbites and engagement hooks o Public Meeting Preparation & Facilitation of Outreach events / activities o Support materials design & asset development o Content marketing development / distribution (e.g. design and distribution of digital communications such as email and social media) Ongoing Services as Needed Program Support o Travel (outside of Fort Collins) for meetings, site visitation, etc. (est. per standard mileage reimbursements) o Meeting Materials: Printing, presentation materials, etc. o Project Management Services 102 Page 10 of 7 Exhibit B Payment Terms The Town agrees to pay Consultant for the performance of marketing campaigns. Town understands that the work is performed of the as fixed hourly rate of $115. Work that is billed hourly, is billed in 15 (fifteen) minute increments. 103 104 IVOTE“NO”TOMARIJUANADISPENSARIESINESTESPARKThisisfromaPresentationIrecentlygavetoEstesValleyConservativesonMarch23,2019.“MarijuanawaspopularizedbythemassmediainMusic,Sex,andDrugsintheRock‘nRollCultureofthe1960’s”.America’sbeenledtobelievethatMarijuanaisjustafeel-gooddrugandnotadangertoanyone.Unfortunately,thestatisticsproveotherwise.AccordingtotheNationalAcademyofMedicineina2017Study;“Cannabisuseislikelytoincreasetheriskofdevelopingschizophreniaandotherpsychosis;thehighertheuse,thegreatertherisk.”Additionally,theystated“RegularcannabisuseislikelytoincreasetheriskfordevelopmentofSocialAnxietyDisorder”.Accordingto“DrugFreeWortd.org”NationalHouseholdSurveyonDrugAbuse,thefollowingissueswerediscovered:“Kidswhofrequentlyuseare:*s4xmorelikelytoActViolently&DamagePropertyssSxmorelikelytoSteal”“MarijuanaismorepotenttodayandthereforecausinganincreaseinERVisits.”It“leadstoStrongerDrugstoridunwantedsituations/feelings.”IfMarijuanadoesn’tworkforthefeelings,theymoveontothenextstrongerdrug.ShortTermEffects:Lowschoolperformance;distractionintime,visionandhearing;sleepiness;increasedappetite;redeyes;relaxedmusclesandIncreasedHeartRate(IntheVthour,theuserisatHighRiskforHeartAttack”.LongTermEffects:PsychoticSymptomsandpossibledamagetothelungsandheart;causecoughingandwheezing;andmayworsentheeffectsofbronchitis.AccordingtoRMHIDTA(RockyMountainHighIntensityDrugTraffickingArea(aFederalDrugTaskForcewhohasbeentrackingtheColoradoMarijuanaImpactsinceit’sLegalization)2018ExecutiveSummary:SinceLegalized:**ImpairedDrivingw/MarijuanaRelatedDeathshasINCREASED151%AND“MARIJUANARELATED”INCREASEDFROM11.43%TO21.3%AIlTrafficDeathsIncreased35%DriversTestedPositiveforMarijuana--Doubledin2013andthosekilledincreasedfrom55to138in2017whichequatesto1personkilledevery234days.vouth(12&Up)MarijuanaUseinColorado:85%withCOranking#3inthenationforusebyYouthsincelegalized. **EmergencyRoomVisitsIncreased52%.MARIJUANAISLEGALISN’TIT??BLACKMARKETBUSTSIN2018:**j44Investigations**239FelonyArrests**73TonsMarijuanaSeized**HighwaySeizuresIncreased39%from242to337in2017.**MaiIRelatedCrimeinCO--Increased1,042%from52Parcelsin2012to594AverageFrom2013-2017.**VIOLENTCRIMEINCREASED18.6%**PROPERWCRIMESINCREASED8.3%SINCE2013**55%OFLOCALJURISDICTIONSINCOLORADOHAVEBANNEDRECREATIONALMARIJUANABUSINESSES.From2000-2008,thenumberofMedicalMarijuanaCardsissuedwas1000-4000.From2008-Present,thenumberofMedicalMarijuanaCardsissuedwasover100,000Cards.In2017,there491MarijuanaDispensariescomparedto392Starbucksand228McDonaldsinCO.ChiefKufeldhaspubliclystatedhedoesn’tnotwanttoseeMarijuanaDispensariesinEstesPark.Iagreewithhimcompletely.ThesestaggeringstatisticsarefromcrediblesourcesthatareNon-Partisan.YouDecide--DOWEBRINGMARIJUANADISPENSARIESTOESTESPARK?ISAYWITHOUTHESITATION“NO”JudyHowell Page1of21’.4VCDRUGNARCOTICSVIOLATIONSTheunlawfulcultivation,manufacture,distribution,sale,purchase,use,possession,transportation,orimportationofanycontrolleddrugornarcoticsubstance,Cases:22Clearance:100%rbtcLokupCRIMINALACTIVITYTYPElbDRUGSEIZURESBYDRUGTYPEARRESTEEAGEtiri;gNaicr’ticsViitiOhiSiif_(,f•._9I,);,_l.).141000%12to8IPossessing/Conceaflng1ai)IeL2IMarijuanaiHashshNarcotics(e.g.Opium,HeroitOtherDrugsNumberoFArrestees•Underl818-24125-34*35-4465andover;.Jt—1’‘)IU‘4hups:icnloIadncnmestcus.state.co.us/tops/report/drugs_duu/csp4rooplc_[ort_collins/20174/9/2019 CDCDC—CD000000CaCDCD0JaCl(aaCaClaaaUIUIaLCDCl0la1gCCDClCDa0CIIIKz00CD=In0300CDCDCD0CD030CD0CDCDCD0‘-C0-oC)23aCC,,5’’-—-I•00CD0.0CDCDCI=CCD0CICIn2)2,CD00CDCCDCCD01ICCDCCCIn23In•10Co-o—I-T0000-I,0000ma)=mm>0mma)—IC,)0z—4z10C0s-iC(0Cor’30Cz3CID0CDInIDCDCDU,CDU00 BecomingofficialfamilyResourceCenterESTESV11EYINVLSILILPIlHCHILQHGOOSUCCLSSFAMIYRESOURECENTERCt.ttro*RecarcjFA.’tti4ltsStrengtheningandsupportingfamiNesandchildrenintheEstesValleyApril25:Providingasafe,accessibleplaceforfamiliestoconnectwithcomprehensive,coordinatedservices.HelpingEstesParkfamiliesandchildrenthrive.wwwevis.orgHumanResourcesBoardofDirectorsStaff•ExecutiveDirector•AssistantDirector•ParentEducationcoordinator•BilingualParentEducator•EarlyChildhoodNavigator•CommitteeandEventVolunteersEVICSScholarshipProgram:•Originalintent—temporaryassistanceforfamilieswhodidnotqualifyforCCAP•Increaseaccessandconsistencyofcare•Parentscontributetoworkforce•PositiveoutcomesforchildrenI.çnIneedcare,support,andopportunitiesinordertoGROWLEARN,andSUCCEED!r:•LZi-iEVICS-.FrFChallenges:Fundingsources•LimitedlicensedslotsTemporaryhelpforfamiliesCCAPwaitlist Inkind5ervlc____1%i:ntFundroisingECCLC—6%Donations13%TownHueFunding15%EVICSChildcareScholarshipsProvided—-$iL000.w1=—ionI0=0=:::100=0£000000zj1jjj10000011000200014001000010017NNNFundingSources2018Wheredoscholarshipfundscomefrom?UnitedWayofLarimerCountyTempleHoyneSueDFoundationCommunityFoundationofNorthernCOVariousotherFoundationsandTrustsasavailableLocalgrants:RotaryClubs,ThriftStore,ChurchesFundraisersManyprivate,generousdonorsEVICSChildcareScholarshipDataEstesValleyChildcareStatsEst#ofchildreninCVunderage6500Licensedchlldcarecapacityages0-2.510Licensedchlidcarecapacityages2.5—692#part-daypreschoolslots(2.5-6)66currentvacancies(0-2.5)0currentvacancies(2.5-6)3P10/EVIC5Budgetspentonscholarships201821%Amountawarded2018$37,654#childrenservedin201835Amountawardedto-date2019$15,842#childrenservedto-date2019—23•.••ryr..6400000000033220EVICSchildcareScholarshipsProvided000000-0000000000610000000001=00000000000001000.00000.000000000=00000220000004000000000007100520004,li$00642.6AoiiI2006 SWhyisthereaCCAPwaitlist?AllocationnotkeepingupwithneedIncreasedreimbursementratestoproviders(morekidsinhigherquaHtyprogramsfewerkidsserved)Noindicationofwaitlistending-reservesutilized-2018FamInesonScholarshipOptions:•tstta6rnoozrs•6monthsorntreOptionsforfunding?•Town/PublicMentalHealth1AFundingGrantsCreateEarlyChildhoodTaxingDistrict(future)AdvocacyatCountyandStatelevelsOutreachtoBusinessCommunity•Otherideas?2019ChildrenonScholarship•IncreasefundingstreamsforscholarshipsEstablishawaitlist•antirho‘aidqdSyorLt,•O’Ildrtn1hodm1qualiryorccApPleasejoinusattheBeReadyFairThisSaturday,April27 F:SNancyAlmondExecutiveDirectorEstesValleyInvestmentinChildhoodSuccessnalmpndcPievicc.ornwww.evlcs.org PublicCommentStanleyAspireAspireLiquorlicenselcommentsforTuesagendaRebeccaUrquhartcrebecca.l.urquhartgrnaiI.com>Sat,Apr6,2019at11:37AMTo:TownClerk<TownClerk@estes.org>(submittotheTrusteesfortheApril9meeting).ThevotersapprovedthesaleofLot4foran“AnschutzWeilnessCenter”andcertainpurposes(ballotlanguage),andtheJanuary26,2016TrusteedecisionapprovedtheAspiredevelopmentplanwith“conditions”.Oneofthose,forexample,isnoamplifiedsound,asthetestimonyandthepressreleasessaidthattheroofwasforyogaandexerciseclasses1andoccasionalsocialgatheringsforonlyStanley/Aspireguests,andnoliquorservedafter30minutesbeyondsunset.Theliquorlicensenodoubtistochangethistoafullbaroperation.Theliquorlicenseshouldbedeniedorlimitationsimposedbytheapproveddevelopmentplancondition.Otherwise,votersandneighborshavebeendefrauded.Onarelatednote,butnotontheagenda,aheightvariancewasgrantedforthestairwaybumps.Theelevatorshaftiswaybeyondthelimitsofthatvariance.ItmakesnodifferenceifitisrequiredforADAcompliance,ashasbeenstated,itneededanewvariancenoticeandhearing.Pebecca-L.Ur9s%i-o-rfAttorneyatLaw970-586-7586Fwd:MessagetoTrusteesforTBmeetingonApril9-fromJohannaDardenForwardedmessageFrom:BillJ.Darden<bdarden(uchicapo.edu>Date:Mon,Apr8,2019at10:48PMSubject:MessagetoTrusteesforTBmeetingonApril9-fromJohannaDardenTo:tjirsaestes.orq<tiirsa(äestes.org>,cwalkerestes.org<cwalker(äestes.org>,cbangs(üestes.orq<cbancis(äestes.org>,mcenacestesorg<mcenac(äestes.org>,pmartchink(äestes.org<pmartchink(estes.org>,rnorris(estes.cr9<rnorrisestes.orp>,kzornes(Thestes.org<kzornes)estes.orq>Cc:jwilliamson(estes.orq<iwilliamson(äestes.org>To:MayorToddJirsa,MayorProTernCodyWalker,TrusteesFrom:JohannaDarden,TownofEstesParkYear-RoundResidentIaskthatyounotapprovetheliquorpermitfortheAspireWellnessCenter.Therooftopadditionthatwasapprovedinyear2016wasapprovedonconditiontheuseofthespacewouldbeformeditation,andexerciseclasseswithquietuseoftherooftop.Therewasnottobepartyingwithmusic,etc.onthatlevel.Idonotknowofwellnesscentersthathaveliquorpermits(i.e.,MEDX,hospitals,medicalclinics).IbelievetheAspireWeilnessCenterisinappropriatelynamedandisaspa.Itdoesnotfitthedefinitionofawelinesscenter.TheContractfortheSaleofLot4indicatedtheGrandHeritageHotelLLCcouldeitherbuildawellnesscenterorLot4wouldbecomeopenspaceiftheEstesParkMedicalCenterdidnotraisethemoneywithin2yearstobuildtheAnschutzWellnessTrainingCenter.Themoneywasnotraised.VotersapprovedtheuseofLot4underspecificconditions.Thoseconditionsareandhavebeenabused.PleasedonotpermitfurtherabusesoftheuseofLot4oftheStanleyHistoricDistrictproperty.PleaseaddthismessagetothepacketfortheEstesParkBoardofTrusteesmeetingonApril9. From:QuinnBrett<glbrett3@gmail.com>Date:April9,2019at5:24:20PMMDTTo:<Jschladweiler@stanleyhotel.com>Subject:[EXTERNAL]YogaIamreallyexcitedtostartupsomeyogaandcontinuemyretreatwiththeStanleyHotelthissummer.I’veworkedwithKMACinthepastandcollaboratedsomeyoga/Climbingretreats,yoga/runningretreatandhostedhigherandyogaretreats.TheStanleyisaperfectvenuehereinthestateofColoradotodohigherandyogaretreats.Itisknownforitshigherclasswhiskeybar,goodfood,longanddramatichistoryarooftopwineservingwithincredibleviewsafterhappyhouryogawouldblendsowelltogether.Womenlovetobepamperedandtreattheirbodiesrightbuttheyalsolovethatrelaxationtime,thisvenueattheStanleywouldprovideagreatexperienceandclienteletoEstesPark.Can’twaittoworkwithyouJill! StatementofIntendedUseforTheAspireSpaandRooftop:Overview:TheAspirewillbeTheStanleyHotel’shealthandwellnessandadventureactivityhub.Whilethehotelaccommodationswerecompletedin2016,TheStanleycontinuestodeliveronitscommitmenttothecommunitytodeliverworld-classwellnessandeducationalprogrammingonlot4withthefollowingbuildingadditions:1.AnnouncementthatKentMountainAdventureCenterwillbemovingitsheadquarterstoTheAspire—June2019KentMountainAdventureCenterRackClimbingSchoolandOutdoorAdvenlureCoursesIBresPark,ColoradoSince1987KentMountainAdventureCenterhasbeenofferingrockclimbingandmountaineeringinstructionforindividualsandgroupsofallagesinEstesPark.Theyalsoprovideoutdooreducationprogramsforschools.KMACisanaccreditedbusinessmemberoftheAmericanMountainGuidesAssociation(AMGA).AMGAprogramaccreditationdemonstratesthatKMACcompliesandoperateswithinrigorousindustrystandardsforclimbingschoolsandguideservices.KentMountainAdventureAspireActivities:•Rockclimbing(indoor/outdoor)•Guidedhiking•Corporateteambuilding•Youthsummercampactivities•IceClimbing•Backcountryskiing•WildernessSurvivalClasses•Cross-countryskiandsnowshoeing•Cliffcamping•Environmentaleducation•Avalanchesafetycourses2.OpeningoftheAspireHealthandWellnessSpa—June2019TheAspireHealthandWellnessSpawillinclude7,000sq.ft.ofmassagetreatmentroomsandbodyservices.TheAspirespaalsoincludestheadditionofa45ft.indoorr: rockyclimbingwall,operatedbyKentMountainAdventureCenter,andanoutdoorgrottoareawithasmallheatedpoolandhottub.Thespacealsoincludesawellnessandoutdooreducationclassroom,lockerrooms,indoorsauna,steamandfitnessfacility.3.AspireSpaRooftopDeck•IntendedUse:oMediation,relaxation,yoga(unamplified),KMACexcursiondebriefing,privatereceptionsfor517clubandhotelguests,educationalprogramming,foodandwinetastings.oAspireSpaRooftopisnotopentothegeneralpublic•Hoursofbeerandwineserviceoperation:Openseasonally.Beerandwineserviceofferednolaterthan30mmaftersunset•Accessibility:AccesslimitedtoStanleyandAspireguests,517LocalClubmembers,andKentMountainAdventureCentercustomers•Limitations:Non-amplifiedmusicorgeneralpublicevents,servicelimitedtobeerand--W%1”<2——\——————fl______N_____I-,;:h”11NP____V-JLWi.2?HUizCoUi=IC‘CUi-Ja0UCoCoUiz-JUiUi•iSI--wine. winCa,I.,I0Ua,C0CCoa,a,.0Ua,0a0I00CoaLfla,I-ain1-0C04-CoUaaCo0‘4-InC0viCoa,Ia,Ca,Ua,DCa,0CCo4-2CD04-Ca,CoCCa4-a,-DDWICo-c4-L.a,a,-oa,0>CI—a001—a,5<CoU,4-201a,DWIa)4-0-c-DCCo-oDUN-4In04-01CC4-aa)Ua,a)4-Co>I-a4-inC-c04-4-0C0aSDinC0U0-caUCo—ina,DbDa,>inWICa,zainDCoin—CaiDCq.0CtaCoCo-DIDC0U-—i.4fr1____ElB1tô0OO00I’VgóQgQ:-‘__IIUDai_______.... MemoTo:HonorableMayorPinkhamBoardofTrusteesTownAdministratorLancasterFrom:PhilKleisler,PlannerIIDate:March24,2015RE:BTOWNopESTESPARKCOMMUNITYDEVELOPMENTSpecialReview—AspireWellnessComplexattheStanley-AmendedSpecialReview#2014-O1B,StanleyHistoricDistrictSubdivision,TBDSteamerDrive;GregRosener/Applicant.Objective:ReviewofSpecialReviewUseapplication2014-O1B,AspireWelinessComplexattheStanley,forcompliancewiththeEstesValleyDevelopmentCodeandStanleyHistoricDistrictProceduresandStandardsforDevelopment.PresentSituation:Lot4wascreatedwiththeStanleyHistoricDistrictsubdivisionplatin1994.Thepropertyisundeveloped,exceptforanoldroad,ahorsetrail,andsocialpathsthroughthesiteconnectingtoStanleyVillage.Thesiteconsistsofopengrasslandareas,withseveralexistingtrees,mostofwhichwouldbekeptthroughthesitedesign.StormwaterfromtheStanleyHotelcomplexsheet-flowsacrossthesite.Inearly2014theTownBoardapprovedadevelopmentapplicationpackageforthislotthatproposedtheconstructionofawellnesscenterandaccommodationfacilities.ThroughthisprocesstheBoardalsoamendedsomeofthearchitecturalstandardsintheStanleyHistoricDistrict,rezonedthelotfromCOCommericalOutlyingtoAAccommodations,andremovedano-buildlineonthelot.Proposal:Thedevelopmentplanapprovedinearly2014proposedtheconstructionoftheWellnessCenterandAccommodations-ibuildingsfirst,withtheAccommodations-2buildingonlylabeledasa‘futurephase”.WhiledevelopingthewellnesscenterprogrammingoverthepastyeartheapplicantdeterminedthattheoriginaldesignoftheWelinessCenterandAccommodations-ibuildingswerenotoptimal.Duetovariousoperationalconcerns,theapplicantisnowredesigningthesebuildingsbycombiningthemintoonestructure.TheapplicantalsoproposestoreversetheoriginalphasingplanbyconstructingtheAccommodations-2buildingfirst. Theapplicantproposesseveralamendmentstotheapproveddevelopmentplan:1.MovingtheAccommodations-2buildingfootprintapproximatelyfive(5)feettothenorthwestandfinetuningoftheexactshape,dimensionsandorientationofthebuilding;2.ReconfigurethedrivewayandparkinglotalongthesouthsideoftheAccommodations-2buildingtoincludeaccessibleparkingspaces;3.Revisethestormdrainageplantoaccommodatetheresultsofamorethoroughanalysisofupstreambasins.Thisincludesachangeinpipelocationsandpondsizes,andtoenhancethepondsbyaugmentingthehistoricdrainageflows;4.ReviewthearchitecturalelevationsoftheAccommodations-2buildingforconsistencywiththeapplicablestandardsandgeneralarchitecturalthemewithintheapproveddevelopmentplan;5.Authorizationforaheightgreaterthan30feetfortheAccommodations-2building(pursuanttotheMunicipalCode§17.44.060.d.1);6.Revisionstonote/conditionsofthedevelopmentplantoreflectthereversedphasingandtoprovideparking,sidewalk,utilities,landscapingandstormdrainageimprovementsforPhase1inaccordancewiththeEVDC;and7.TownBoardauthorizationforCommunityDevelopmentstafftoadministrativelyapprovefinaldetailsofthedevelopmentplancomponents,andminorrevisionsthereto,whichareconsistentwithapplicablecoderequirementsandwiththeintentandpurposesoftheapproveddevelopmentplan.Theapplicantpresentedanalternativedesign(‘Option2”)duringtheMarch17,2015PlanningCommissionhearing.TherootofOption2isredesignedandshortenedtocomplywiththeEVDCheightlimitations(seefigureslaandlbonthefollowingpage).Asnotedintherecommendedconditionsofapproval,thePlanningCommissionpreferredOption2.Advantages:•CompliancewiththeEstesValleyDevelopmentCodeandComprehensivePlan.•Infilldevelopmentofupto90-accommodationsunitsandwellnesscenter.•Wouldexpandbaseindustry.•Expandedtaxbaseandincreasedpermitfeerevenue.Disadvantages:•Mayfragmentelkwinterhabitat.However,wildlifecrossingsignswillbeerectedalongWonderviewAvenue,nearthecrossingbetweenLot5andtheKnollWillows.Additionally,thelandscapingplanwillaccommodateelkmigrationandnon-nativevegetationwillnotbeintroducedonthesite. ActionRecommended:TheEstesValleyPlanningCommissionheldapublichearingforthisapplicationonMarch17,2015.DuringthathearingtheCommissionmadethefollowingfindings:1.Theapplicationisconsistentwiththepolicies,goalsandobjectivesoftheComprehensivePlan,includingtheFutureLandUsePlanandtheDowntownareaplan.TheapplicationadvancesseveralCommunity-Widepolicies,asdelineatedintheStaffreport.2.TheapplicationfortheproposedSpecialReviewusemitigates,tothemaximumextentfeasible,potentialadverseimpactsonnearbylanduse,publicfacilitiesandservices,andtheenvironment.3.Adequateservicesandfacilitiesareavailabletoservethedevelopment.4.TheapplicationcomplieswithEstesParkMunicipalCodeChapter17.44StanleyHistoricDistrictStandardsforDevelopmentregarding:viewcorridors;openspace;sitedesign;pedestriancirculation;andsigns.5.TherequesttoexceedtheStanleyHistoricDistrictmaximumallowedbuildingof30-feetisallowedthroughspeciareviewapproval.6.Ifrevisedtocomplywithrecommendedconditionsofapproval,theapplicationwillcomplywithapplicablesectionsoftheEstesValleyDevelopmentCode,asdescribedintheReviewDiscussioninthestaffreport.Figurela(above);OriginalSubmittal.Figurelb(below):“Option2”,whichincludesaloweredroof.Woulddecreasepotentialopenspaceby6.89acres. 7.ThisisaPlanningCommissionrecommendationistotheTownBoardoftheTownofEstesPark.8.InaccordancewithSection3.2.D,arevisedapplicationshallbeaconditionprecedenttoplacingtheapplicationontheBoardagenda.PlacementontheMarch24TownBoardagendarequiresaMarch18submittalofarevisedapplicationthatfullysatisfiesallconditionsofapproval.ThePlanningCommissionsvotedunanimously5-0(twocommissionersabsent)torecommendCONDITIONALAPPROVALofSpecialReview2014-018,usingOption2asthedesignfortheAccommodations-2building.Therecommendedconditionsofapprovalare:1.AllimprovementsandpublicfacilitiesnecessaryforPhaseIusesshallbeinstalledwithPhaseI.2.MUTCDwildlifecrossingsignsarerequiredonWonderviewAvenue,nearthecrossingbetweenLot5andtheKnoll-Willows.DesignandlocationshallbedeterminedbystaffduringConstructionPlanapproval.3.LandscapingPlan:a.Landscapingplanshallaccommodateelkmigration,withtreesfocusedclosetobuildingsandparkingareas,withoutlyingareaskeptnaturalgrasslands(withirrigation).b.CompliancewithSection7.8.G.1.bNon-NativeVegetation.4.Staffreviewandapprovalshallberequiredforanyfutureparkinglotlighting.Unlessmoreinformationisrequestedbystaff,theApplicantshallsubmitaphotometricplan,illustrationsoffixturemodels,heightandlocationofproposedlighting.Compliancewith17.44.060(d)(11)andEVDC7.11isrequired.5.Compliancewiththefollowingaffectedagencycomments:a.EstesParkSanitationDistrictmemodatedJanuary29,2015;b.EstesValleyFireProtectionDistrictmemodatedFebruary112015;c.TownofEstesParkWaterDivisionmemodatedFebruary19,2015;d.TownofEstesParkLightandPowerDivisionmemodatedFebruary19,2015;e.TownofEstesParkCommunityDevelopmentmemodatedFebruary20,2015;f.TownofEstesParkPublicWorksDepartmentmemodatedFebruary20,2015;g.ColoradoHistoricalSocietymemodatedFebruary20,2015;andh.RBBArchitects,Inc.memodatedFebruary25,2015.6.ShouldnecessaryeasementsnotbegrantedfortheproposedsidewalkalongSteamerDrive,theapplicantshallconstructsuchsidewalkalongtheirpropertyduringphaseIIconstruction. 7.TheApplicantshalldeletenotenumber24relatingtooutdoorweddingreceptions.8.Useoftheeasterndrainagefacilitiesforoutdooractivities,includingoutdoorrecreation,shallbereviewedwithPhaseII.9.Option2,aspresentedintheEstesValleyPlanningCommissionpublichearingonMarch17,2015,reducingtheheightofthebuildingtocomplywith1.9.E.2oftheEVDC,shallbereviewedbyaffectedagencies,including:a.ArchitecturalreviewthroughaLicensed,thirdpartyarchitect;b.EstesParkCommunityDevelopmentDepartmentApprovalofOption2isconditionaltocompliancewithagencycomments.Budget:•Generateapproximately$200,000infeesforconstruction•Generateapproximately$200,000annuallyinsalestaxrevenueLevelofPublicInterest:Thelevelofpublicinterestishigh.ThePlanningCommissionreceivedseverallettersopposingtheprojectandconsideredpublictestimonyfromninepropertyownersduringthepublichearing.MostlettersandpublictestimonywereprovidedbynearbyresidentsoftheFinleyCourtarea.Primaryconcernsgenerallyconsistedofthefollowingpoints:1.BuildingHeight:AcentralconcernthroughoutmostcommentsistheheightoftheAccommodations-2building,whichexceedstheEVDClimitbyroughlyfive(5)feet.Commentsemphasizedthattheheightofthebuildingwouldhaveadverseimpactstotheviewsofneighboringpropertiesandpropertyvalues.Asnotedabove,theapplicantproposedanalternativeoptionduringthepublichearing,whichisreflectedinthePlanningCommission’srecommendation.2.SiteDesign:SomecommentssuggestedthatthesitedesignwouldbeimprovedbymovingtheAccommodations-2buildingtothesouthandthesouthernparkinglottothenorth.MovingtheAccommodations-2buildingfurtherawayanddownhillwouldthenlikelylessentheimpacttoneighboringresidentialproperties.ThefollowingMunicipalCodesectionwascitedasamechanismbywhichtoaccomplishthis:17.060(c)(4)Parkingshallbelocatedtotherearofbuildingsorscreened...Parkingareasshallbedepressedintotheground,steppedonslopingterrainwithbermingandlandscapingprovidedtoscreentheparkingfromoff-siteviewfromtheHighway36corridorandfromtheStanleyHotelComplex.Duringtheinitialreviewstafffoundthattheparkingwouldlikelybebetterscreenediflocatedbehindthebuildingsasproposed. 3.IntentoftheTownVote:ArelativelyfewernumberofcommentsweremadeaboutiftheproposalisconsistentwiththegeneralintentoftheTown’svotetosellLot4forthisproject.Writtenpubliccommentsconcerningthisprojectisavailableatwww.estes.org/currentapplications.Commentswillbeaddedtothiswebpageasreceived.SampleMotion:ImovetoApprove(Deny)theSpecialReviewapplication2014-O1B,withthefindingsandconditionsrecommendedbythePlanningCommission.Aftachments:1.StatementofIntent2.SitePlan3.ArchitecturalElevations4.ApplicantPresentation(includesOption2)5.PlanningCommissionMemo6.PlanningCommissionMinutes RECORDOFPROCEEDINGSEstesValleyPlanningCommissionIMarch17,2015BoardRoom,EstesParkTownHallCommission:ChairBettyHull,CommissionersDougKlink,NancyHills,SteveMurphree,WendyeSykes,RussSchneider,SharryWhiteAttending:ChairHull,CommissionersKlink,Hills,Murphree,Schneider,WhiteAlsoAttending:DirectorAlisonChilcott,SeniorPlannerDaveShirk,PlannerPhilKleisler,TownBoardLiaisonJohnPhipps,LarimerCountyLiaisonMichaelWhitley,TownAttorneyGregWhite,andRecordingSecretaryKarenThompsonAbsent:CommissionersSykesandKlinkChairHullcalledthemeetingtoorderat1:30p.m.Therewereapproximately55peopleinattendance.EachCommissionerwasintroduced.SharryWhitewaswelcomedastherecentappointeebytheTownBoardtofillthevacancyontheCommission.ChairHullexplainedtheprocessforacceptingpubliccommentattoday’smeeting.Thefollowingminutesreflecttheorderoftheagendaandnotnecessarilythechronologicalsequence.EXCERPTSFROMMINUTESTRANSCRIBEDFORTOWNBOARDMEETINGONMARCH24,20151.ASPIREWELLNESSCOMPLEXATTHESTANLEY;AMENDEDSPECIALREVIEW2014-01;TBDSteamerDrivePlannerKleislerreviewedthestaffreport.HestatedtheapplicantreceivedapprovalbyTownBoardofSpecialReview2014-01inFebruary,2014.ThesiteisLot4oftheStanleyHistoricDistrict,andiszonedA—Accommodations.StanleyVillageShoppingCenterislocatedtothesouth,andpublicopenspaceisonthewest,StanleyHotelcomplextothenorthwest,andamixofsingle-familyresidentialandoutlotstothenortheast.TheoriginalapprovalincludedanAccommodations-ibuilding,aWellnessCenter,andtheAccommodations-2building.TheoriginaldevelopmentplanproposedbuildingtheWellnessCenterandtheAccommodations-ibuildingsasseparatebuildings,alongwiththeinfrastructurethatincludedtheparkinglots.TheAccommodations-2buildingwasonlyaconceptualfootprint,withanundeterminedconstructiondate(partofafuturephase).TheapplicantisnowrequestingapprovaltoconstructtheAccommodations-2buildingfirst,withtheWellnessCenterandAccommodations-ibuildingtofollowoncetheEstesParkMedicalCenter(EPMC)obtainsnecessaryfunding.WhenEPMCrealizedtheoriginalseparatebuildingswerenottheideallayoutforday-to-dayoperations,theyapproachedtheapplicantabout“fusing”theWellnessCenterandtheAccommodations-ibuildingtogether,allowingclientseasieraccessibilitytobothbuildings.PlannerKleislerdisplayedadiagramoftheapprovedplan,andoverlayedtheproposedchangestoallowabettervisualfortheCommissionersandpublicinattendance.HestatedbecausetheAccommodations-2buildingwasonlyaconceptwiththefirstapproval,theapplicationbeingreviewedtodayincludesanarchitecturalreviewandanalysis.Thechangesincludeaslightlylargerfootprintforthefusedbuildings,andashiftoftheAccommodations-2buildingapproximatelyfive(5)feettothenorthwest.Theoriginalconstructionphaseswouldbereversed. RECORDOFPROCEEDINGSEstesValleyPlanningCommission2March17,2015BoardRoom,EstesParkTownHallPlannerKleislerstatedtheprocessandreviewcriteriaincludedthefollowing:consistencywiththegoalsandobjectivesoftheEstesValleyComprehensivePlan(thisparcelispartoftheDowntownNeighborhood);compliancewiththeEstesValleyDevelopmentCode(EVDC);andcompliancewiththeStanleyHistoricDistrictguidelines,whicharelocatedintheEstesParkMunicipalCode.TheStanleyHistoricDistrictMasterPlandoesnotapplytothisspecificlot.ThePlanningCommissionistherecommendingbody,withtheTownBoardhearingtheitemonTuesday,March24,2015forafinaldecision.PlannerKleislerstatedtheSpecialReviewcriteriarequiresapplicationsmitigate,tothemaximumextentfeasible,potentialadverseimpactsonnearbylanduses,publicfacilitiesandservices,andtheenvironment.TheapplicationshouldaccomplishtheseinordertoreceiveapositiverecommendationbythePlanningCommission.PlannerKleislerstatedtheStanleyHistoricDistrictguidelinesincludeviewcorridorsfromtheStanleyHotel.TheAccommodations-2buildingisproposedtoliejustoutsideaviewcorridor,andtheAccommodations-iandWellnessCenter(PhaseII)wouldliewithinaviewcorridor.AdditionalanalysiswouldneedtooccurfortheapprovalofPhaseII,whichwouldincludeahearingbeforethePlanningCommissionandTownBoard.PlannerKleislerstatedtheStatementofIntentportionoftheapplicationlistsanumberofeffortsmadeontheirbehalftocomplywiththeSpecialReviewcriteria,suchaslimitedgradingandpedestrianconnectivity.Theapplicanthasrecordedaneasementforpublicaccessthroughoutthesite.ThesocialtrailfromtheStanleyHoteltoStanleyVillageShoppingCenterhasbeensolidifiedlegallythroughapublicaccesseasement.Theapplicanthasalsocommittedtoworkingwiththeadjacentpropertyownersonfinallandscapingdesigns,includingplacementoftreesandshrubs.Exteriorlightingwillbelimited;noparkinglotlightingwasproposed,butstaffrequestedbollardlightingbeprovidedalongthepedestrianwaystoensuresafeaccessthroughoutthesiteatnight.PlannerKleislerstatedtheapplicantprovidedphotosimulationsoftheproposedAccommodations-2building.Thenorthwestsidecomplieswiththe30-footheightlimit.Asthesiteslopesdown,thebuildingexceedstheallowableheightbyjustunderfive(5)feetonthesouthedge,afterslopeadjustmentprovidedintheEVDC.Theapplicantprovidedadditionalphotosimulationstoday,including“Option2”,whichchangesthedesignoftherooftocomplywiththe30-footheightlimit.TheapplicantdesirestoreceiveaheightvariancetoconstructtheAccommodations-2buildingasplanned(overtheheightlimit);however,Option2couldbeanalternative.PlannerKleislerstatedtheportionofthebuildingthatwouldbeovertheheightlimitfacessouthtowardsStanleyVillageShoppingCenter.Therehasbeenconsiderablepubliccommentandneighborconcernopposedtotheheightvariance.SomecommentsalsoaddressedthelocationofthebuildingandtheparkinglotasawaytoreducetheheightoftheAccommodations-2building.Duringtheoriginalreviewprocess,staffrecommendedtheparkinglotbelocatedbehindthebuildinginordertoscreentheparkingfromthepublicstreet.PlannerKleislerstatedthesitedesigndoesnotshowtheproposedsidewalkalongSteamerDrive.TheapplicanthashaddifficultyobtainingthenecessaryeasementsthroughtheStanleyHillsSubdivision.IftheCommissionrecommendsapproval,oneoftheconditionsforPhaseIIwould RECORDOFPROCEEDINGSEstesValleyPlanningCommission3March17,2015BoardRoom,EstesParkTownHallrequiretheapplicanttogainallnecessaryeasementstoconstructthesidewalkinthisarea.Iftheeasementsarenotobtained,thesidewalkshouldbeconstructedfullyontheapplicant’sproperty,whichwillbefairlydisconnectedfromtheroad.PlannerKleislerstatedstaffalsorequestedtheissueofanyproposedoutdooractivityonthesitebeaddressedwithPhaseII,asthenotefromtheoriginalplanwasnotcarriedforwardtotheamendedplan.Staffhadthreeconcernspertainingtotheamendedsiteplan:Proposedoutdooractivityontheeasternsideofthesite:Throughinternaldiscussions,theapplicantproposedsmall-scaleweddingreceptionstakeplaceontheeasternsideofthesiteplan.Giventhisproposalwasnotinitiatedearlierintheapplicationprocess,staffrequestedandtheowneragreedtoremovetheallowanceofthatactivityfromtheplan.AconditionofapprovalwillbeaddedtoensureremovalofthatstatementpriortoTownBoardreviewonMarch24th•PotentialforoutdooruseondecklocatedatthesouthwestcorneroftheAccommodations-2building:Staffrequestedadditionalinformationastowhetheranyoutdooruseswouldbeconductedinthisarea.Theapplicantstatedthedeckisdirectlyconnectedtooneoftheaccommodationsunits,andnoorganizedoutdooruseswouldbeconductedonthedeck.•Apedestrianconnectionandpatioonthewesternedgeofthesiteisnotontheamendedplans:Theapplicantexplainedthatfeaturewasdeletedfromthecurrentproposal.StaffFindings1.Theapplicationisconsistentwiththepolicies,goalsandobjectivesoftheComprehensivePlan,includingtheFutureLandUsePlanandtheDowntownareaplan.TheapplicationadvancesseveralCommunity—Widepolicies,asdelineatedintheStaffreport.2.TheapplicationfortheproposedamendmenttotheSpecialReviewusemitigates,tothemaximumextentfeasible,potentialadverseimpactsonnearbylanduse,publicfacilitiesandservices,andtheenvironment.3.Adequateservicesandfacilitiesareavailabletoservethedevelopment.4.TheapplicationcomplieswiththeEstesParkMunicipalCodeChapter17.44StanleyHistoricDistrictStandardsforDevelopmentregarding:viewcorridors,openspace,sitedesign,pedestriancirculation,andsigns.5.TherequesttoexceedtheStanleyHistoricDistrictmaximumallowedbuildingheightof30-feetisallowedthroughspecialreviewapproval,andcomplieswithSection1.9.E.2MeasurementofMaximumBuildingHeightonSlopes.6.Ifrevisedtocomplywithrecommendedconditionsofapproval,theapplicationwillcomplywithapplicablesectionsoftheEstesValleyDevelopmentCode,asdescribedintheReviewDiscussioninthestaffreport.7.ThisisaPlanningCommissionrecommendationtotheTownBoardoftheTownofEstesPark.8.InaccordancewithSection3.2.D,arevisedapplicationshallbeaconditionprecedenttoplacingtheapplicationontheboardagenda.PlacementontheMarch24TownBoard RECORDOFPROCEEDINGSEstesValleyPlanningCommission4March17,2015BoardRoom,EstesParkTownHallagendarequiresaMarch18submittalorarevisedapplicationthatfullysatisfiesallconditionsofapproval.PlannerKleislerstatedstaffrecommendedapprovaloftheamendmenttotheapprovedSpecialReview2014-01,withconditionsofapprovallistedbelow.DirectorChilcottstatedtheremaybeadditionalconditionstoConditionofApproval#8,whichwillrequireadditionaldiscussionbetweenPlannerKleislerandherself.ChairHullcalledaten-minuterecessat2:35.Themeetingreconvenedat2:45p.m.PublicCommentLuciaLiley/applicantrepresentativebrieflyexplainedtheissueconcerningthenameofthecomplex.Shestatedtherehasbeennochangeinrelationshipssincethebeginningoftheconcept.InMarch,2015,EPMCenteredintoaformalcontractwiththeUniversityofColoradoHealthSciencesCenter(AnschutzMedicalCenter)forlicensinganduseoftheirproprietarywellnessprograms.TheseprogramswillbeimplementedaspartoftheWellnessCenterprojectinEstesPark.AleasebetweenGrandHeritageHotelsandEPMCisintact.ShestatedbecauseofthecomplexityoftheredesignofPhaseI,theprocesswilltakeadditionaltimeandanotherspecialreviewprocesswillbeforthcoming.GrandHeritageHotelshasfundinginplaceandispreparedtobeginconstructionassoonaspossible,soitmadesensetoreversethephasingandbuildtheAccommodations-2buildingfirst.Becausethatbuildinghadnotbeendesignedpriortotheoriginalreviewprocess,theheightandarchitecturerequiredreviewbyStaff,PlanningCommission,andTownBoard.Shestateditwasimportanttonotethatthemajorcategoriesoftheprojectremaininplace:theuseshavenotchanged;theamountofopenspaceexceedstherequirement;thebuildingtolotcoverageratioisunderwhatisallowed;nativelandscapingandwildlifemitigationtechniquesareinplace.Shestatedalargeamountofworkwasdoneonthestormwaterdrainageplan,whichwasrevisedfollowingconcernsandquestionsfromsomeofthedownstreampropertyowners,andsomeofwhichwasrelatedtodrainageofLot1.Engineersspentmoretimeanalyzingthedrainageplan,andthecurrentdesignwouldputsomeofthewaterintoapondsystemonLot4andhavethewaterrecedefromthere.Shestatedthebuildingenvelopewasapprovedduringtheoriginalapprovalprocess,aswastheparkinglotplacement.Thebuildinghasbeenshiftedfivefeettoaccommodatesomepedestrianconnections.Shestateditisgenerallyconsideredasuperiorplanningtechniquetoscreenparkingbyputtingisattherearofthebuilding.IntheStanleyHistoricDistrictstandards,parkingshouldbeplacedbehindthebuilding.Onceroomsizesweredetermined,parkingrequirementsincreased.Afewmorespaceswereaddedonsite,andeightmorewereaddedoff-site,whichTowncodeallows.Thoseoff-sitespaceswillbelocatedattheStanleyHotel,butbecausethedistanceismorethan300feetfromtheproposeddevelopmenttransportationmustbeprovided.TheStanleyHotelpurchasedaLondontaxitorunondemandbetween7a.m.and9p.m.toprovideaccesstotheoverflowparkingspaces.Theuseofthoseeightspaceswouldassume100%occupancyoftheaccommodationsbuildings,andallroomslargerthan750squarefeetwouldhavetwocars.Thatsituationisnotlikelytooccur.TheTownBoard,duringtheapprovaloftheoriginalplan,madesomeclarificationsandchangestothearchitecturalstandardsoftheStanleyHistoricDistrict. RECORDOFPROCEEDINGSEstesValleyPlanningCommission5March17,2015BoardRoom,EstesParkTownHallMs.LileystatedaletterfromtheColoradoHistoricalSocietyrecognizedthesiteforthebuildingislikelythebestplacement,andisnotanticipatedtohaveanadverseaffectontheStanleyHotel.Thethird-partyarchitecthiredbythehotelsuggestedafewminorchanges,allofwhichtheapplicanthasagreedtodo.Theheightissuehasbeenstudiedextensively.AnotherpotentialwaytodesigntheAccommodations-2buildingtocomplywiththeheightrequirementhasbeensubmitted.Thearchitectureoftheroofwouldbealtered.Theprosandconsofeachoptionwouldneedtobeweighedastowhatyouwouldgainorlose.TimLego/applicant’sarchitectstatedtheproposedAccommodations-?buildingwouldmaintaintheStanleycohesivenesswhilecreatingitsownsetofmodifications.Windowtrimsarecomplementarybutslightlydifferent;trims,deckrailings,andcolumnsaresimilar;therewillbeastonebasetothebuilding,andcolorswillcomplywiththeStanleyHistoricDistrictrequirements.DonBurnholtz/applicant’sarchitectstatedthroughouttheprocess,thephotosimulationshavebeenchallengedforaccuracy.ThemostrecentphotosimulationsareavailableontheTownwebsiteforthisproject,titledViewCorridorPresentation.HeusedGPStoensureaccuracy.Afterreviewingtheslides,hestatedtherearegravesacrificestothearchitecturalintegrityofthebuildingwhenusingOption2.Theroofpitchwouldbealtered,andthedormerswouldbeflattenedontop.Theapplicant’steamdidnotthinkOption2wouldcomplementthearchitecturalstandardsoftheStanleyHotelcomplex.TherewasbriefdiscussionbetweenChairHullandMs.LileyconcerningtheletterfromtheStateHistoricalSociety.Itwasultimatelyconcludedbythesocietytherewouldbenoadverseaffectfromthisproject.ItwasunderstoodtheprojectwouldberequiredtomeettheTowndesignstandards.DavidBangs/applicant’sengineerstatedthebuildingfloorcouldnotbeloweredduetothecomplexpipesystemflowingunderneaththebuilding.MakingitlowerwouldrequirewaiverstootherstandardsoftheEVDC.HestatedthemainreasonfortheshiftoftheAccommodations-2buildingistoaccommodatetherequiredpedestrianwalkwaysalongsidethebuilding.TherewasbriefdiscussionbetweenCommissionerSchneiderandMr.Burnholtzconcerningtheroomsizes.Itwasnotedtheproposedbuildingwillhave40unitsand48beds.Duetothelargersizeofafewoftheunits,additionalparkingspaceswererequired.JohnCullen/applicantstatedtheeightcornerunitswillbelarger,toaccommodatefamilieswithchildrenandbeADAcompliant.ADAruleshavechangedandadditionalrestrictionsnowapply.Hestatedheiscelebratinghis20thanniversaryofowningtheStanleyHotel,anddoesnotconsiderhimselfa“foreigner”.HestatedtheoriginalplanfortheAccommodations-?buildingcalledforlargerrooms;however,themarketisforindividualrooms,soalthoughthefootprinthasnotchanged,thenumberofroomshas.TheTownrequestedonlyshort-termrentals(lessthan30days)intheAccommodations-2building,andtheywillcomplywiththatrequest.TheWellnessCenterwillhavedoctors,nurses,therapists,etc.stayinginthisbuilding,androtationswill _________________RECORDOFPROCEEDINGSEstesValleyPlanningCommission6March17,2015BoardRoom,EstesParkTownHalltypicallybetwotothreeweekseach.Theroomswillhavekitchenettes.TheclientsattheWellnessCentermaystayaslongassixweeks,andtheywillstayintheAccommodations-ibuilding,whichwillnothavecookingfacilitiesintherooms.TherewasbriefdiscussionbetweenMr.CullenandCommissionerSchneiderconcerningthecompletionoftheentireproject.Mr.CullenwelcomesthepartnershipwithEPMC.IfEPMCdoesnotraisethefunds,Mr.Cullenwillbuildithimself.ItisinhisbestinteresttoencourageEPMCtoraisethefundsandbuildtheWellnessCenter.Mr.CullenstatedhealsohaswellnesscenterprojectsplannedforJapan,China,andEngland.TheEstesParkfacilitywouldbetheflagshipwellnesscenter.PlannerKleislerstatedafterconsultingwiththeTownAttorney,staffwouldliketoamendStaffFinding#5,removing“andcomplieswithSection1.9.E.2MeasurementofMaximumBuildingHeightonSlopes.”Thiswasafindingduringtheoriginaldevelopmentplanapprovalprocess.Thecurrentapplicationdoesnotcomplywiththeheightlimit;therefore,thisportionofthefindingmustberemoved.ConditionofApproval#1willbedeleted,asreferencetothecontractdoesnotapplytothisapplication.Duringtherecess,CommunityDevelopmentstaffhadabriefconversationwiththeapplicantandstaffisrecommendingtheuseoftheeasterndrainagefacilitiesforoutdooractivities(includingoutdoorrecreation)bereviewedwithPhaseII.Staffhassomeconcernswiththatareaofthesite.Whiletheweddingreceptionnotewillberemovedfromtheplans,staffwantstoensureanyoutdoorusesassociatedwiththeprojectareprovidedthepublicreviewprocess,whichcanhappenduringreviewofPhaseII.DavidBangsstatedtheshapeofthepondonthelandscapeplanhasmorphedfromtheoriginalplan.Theproposedpondwillbearetentionpond,inthatitwillstorewaterpermanently.Itwillhaveaestheticvalueandminimizevisualimpactsofstormwaterfacilitiesonneighboringpropertiesandsurroundingareas.Typically,retentionpondsareheavilylandscaped,andalsorequireasubstantialamountofmaintenance.Asforuseforoutdooractivities,theapplicantagreeswithstaffthatthisareawouldnotbeusedinthatmannerwiththisapplication.PublicCommentAnnFinley/Townresidentstatedwasimperativethattheprojectbedonecorrectly.Thenewproposalwasnotwhatthevotersapproved,andshewonderedifthevotewouldhavepassedifthefroposalpresentedtodayweretheoriginalplans(accommodationsbeingbuiltpriortotheWellnessCenter).SheurgedCommissionerstoholdtheprojecttothesamestandardsaseveryoneelseintheEstesValley;nottoshowfavoritismorwaivefees.Shedidnotsupporttheamendedplan.ChristieSmith/representativeforDougWarner/Townresidentstatedhewasopposedtotheprojectifitdidnotcomplywiththeheightlimit.ChristieSmith/Townresidentstatedshelivednearby,andwasconcernedherpropertyvalueandqualityoflifewouldbenegativelyimpactedbytheproject.Therearepeopleinherneighborhoodthatvotedfortheproject.Othersarenotbeingvindictivebecause“theylosttheelection,”Theyarejustconcernedabouttheirpropertyvaluesandqualityoflifeissues. RECORDOFPROCEEDINGSEstesValleyPlanningCommission7March17,2015BoardRoom,EstesParkTownHallMarleneHayek/Townresidentstatedpriortopurchasingherhome,shelearnedtheStanleyHistoricDistrictMasterPlanlimitedcommercialdevelopmentto35,000squarefeet(theproposedprojectisover100,000squarefeet).ShewasupsetwhenLot4wasexcludedfromtheMasterPlanduetotheexpirationofsuchplan.ShebelievedtheTownmadechangesandignoredcommentsinordertoaccommodatethesaleofLot4andpavethewayfordevelopment.ShewasopposedtotherequesttobuildtheAccommodations-2buildingpriortotheWellnessCenter,totherequestforaheightvariance,andencouragedtheCommissionerstodisapprovetheapplication.EdHayek/TownsidentandPresidentofStanleyViewHomeownersAssociationsupporteddenialoftheapplication.TheHQAhasseriousconcernsaboutdecliningpropertyvalues.Theneighborshadtocomplywithregulationswhentheirhomeswerebuilt,andtheStanleyHotelshouldhavetocomplyaswell.Hestatedtheproposedbuildingcouldbesteppeddowntolowertheheight.Hewasopposedtotheprojectbeingrushedthroughtheprocess,statingthatwaswhenerrorsweremadeandopportunitiesmissed.Hedisagreedwiththeaccuracyofthephotosimulations.Hedidnotagreetheapplicanthadmitigatedtothemaximumamountfeasible.JudySchrieber/TownresidentstatedwhileshevotedinfavorofthesaleofLot4,shewasopposedtoflippingthephasesandbuildingtheAccommodations-2buildingfirst.SheencouragedtheTowntomovetheparkinglotsothebuildingcanbemovedfurtherdownthehill.AviewofLongsPeakisveryimportanttothoseintheEstesParkCommunity,andithasemotionalsignificance.DanaSmall/TownresidentlivesinEstesParkbecausetheviewsareoutstanding.Thecodeswereadoptedforareason,andshouldbecompliedwith.Hewasopposedtotheheightvariancerequest.JohannaDarden/TownresidentstatedtheapprovalofthesaleofLot4alsoapprovedtheproposeduse.Shestatedtheapplicationpresentedviolatestheapprovalthatwaspassedwiththevote.ShestatedtheAccommodations-ibuildingandtheWeilnessCentershouldbeconstructedfirst.ShestatedthephotosimulationsfromBarbDavis’propertyweremisleading.SusanWolf/CountyresidentagreedwithMarleneandEdHayek’scomments.Shewasopposedtotheheightvariance.ShereadadditionalcommentsfromBarbDavis,whowasunabletoattendthemeeting.Thesecommentswillbepostedtotheweboncereceivedbystaff.ShewasconcernedaboutthenegativeimpactsoftheAccommodations-2buildingontheStanleyHillsneighborhood.Sherecommendedparkingbebehindthebuildingorscreened.Ifparkingwasallowednorthofthebuilding,theviewscapefortheneighborswouldimprove.Shehadconcernsabouttheproposeddrainageplanandthe“grandditch”thatrunsthroughherpropertywithouteasements.Herwrittencommentswentintodetailconcerningthephotosettingsusedforthephotosimulations.Shedidnotbelieveallconcernshadbeenfullyaddressed. RECORDOFPROCEEDINGSEstesValleyPlanningCommission8March17,2015BoardRoom,EstesParkTownHallPubliccommentclosed.StaffandCommissionDiscussionCommentsincluded,butwerenotlimitedto:thebuildingcouldbespreadoutandwouldstillcomplywithlotcoveragerequirementsandwouldlowertheheight;thevoterstooktheballotquestionseriously;partoftheballotquestionwasread,concerningtheallowanceoflodgingforstaffphysicians;theWellnessCenterisstillaconcept,anditwasquestionedwhothebuildingwouldbeaccommodating;thewillofthevotersmaynotbeformoremotelrooms;hasaproblemwiththeheightvariancerequest;ifthebuildingwereredesignedandparkinglotmoved,itmaysolvetheheightproblem;architecturally,itcouldbedonedifferently.SMs.Lileystatedwiththeoriginalplan,therewasaspecialfindingbytheTownBoardtoincreasetheheightlimitof30feetwiththePhaseIbuilding.ThearchitectswereabletomeettheEVDCsloperequirements,butunabletomeetingthe3O4ootheightlimit.Onthetabletoday,theproposedheightvariancestillrequiresafindingbytheTownBoard.Option1wouldnotcomplywiththeheightlimit,whileOption2wouldcomply.Mr.CullenstatedOption2isinfullcompliancewiththeheightlimits.Itdoesn’tdropheightofthenorthwestcorner,butwilldroptherestofthebuilding.HestatedhewaswillingandpreparedtowithdrawOptionlandcontinuewithOption2topleasetheCommissionandtheTown.Headdedtheproposedprojectincludesmajorlandscapingandretentionpondsthatwillsolvedrainageissuesfortheentireneighborhood,includinganareathathasbeeninlitigationforseveralyears.IfEPMCdoesnotraisethefundstoconstructtheWellnessCenter,hestatedhewouldfacea$650,000penaltyandalsoberequiredtobuildthecenterwithoutassistancefromEPMC.Ms.LileystatedspecificsaboutbuildingswerenotspecifiedinthecontracttosellLot4,aswasimpliedbysomeofthepubliccomments.ShereviewedandclarifiedportionsofthecontractfortheCommission.ShestatedthepurposeofthebuildingistoaccommodateguestsandemployeesoftheEPMCprogram,andnothingwasbeingproposedthatisdifferentfromthecontract.Mr.CullenexplainedhehadeveryintentiontoconstructfirsttheAccommodations-lbuildingadjacenttotheWellnessCenter,withtheAccommodations-2buildingtofollowatalaterdate.WhenEPMCrequestedtoattachtheAccommodations-lbuildingtotheWellnessCenter,itchangedtheentiredesignandbuildingprocess.Oncethedesignchangesweremade,itwasdeterminedbothbuildingswouldneedtobebuiltatthesametime.BecauseEPMCisfundingtheWellnessCenterandtheStanleyHotelisfundingtheAccommodations-lbuilding,itonlymadesensetodelaythatportionoftheprojectuntilEPMCacquiresthenecessaryfunding.Becausefundswerealreadyinplaceforanaccommodationsbuilding,hewouldliketogetstartedontheAccommodations-2buildingwhileEPMCcontinuestoraisefundsfortheWellnessCenter.CommissionerHillsmovedtorecommendapprovaloftheamendmenttoSpecialReview2014-01applicationasdescribedinthestaffreport,withthefindingsandconditionsrecommendedandamendedbystaffwithOption2usedasthedesignfortheAccommodations-2building. RECORDOFPROCEEDINGSEstesValleyPlanningCommission9March17,2015BoardRoom,EstesParkTownHallTownAttorneyWhiterequestedafiveminuterecessat4:22p.m.toallowstafftimetoreflecttheaccurateconditionsofusingOption2priortosecondingthemotionandthevote.Themeetingreconvenedat4:29p.m.PlannerKleislerclarifiedanadditionalconditionofapprovalwouldbeaddedtorelatedirectlytousingtheOption2design.Seecondition#10.Thereasonbehindtheaddedconditionistohaveathird-partyarchitectreviewtheplansforcompliancewiththearchitecturalstandards.TheCommunityDevelopmentDepartmentwouldcompletethefinalheightverificationtoensurecompliance.ApprovalofOption2attheTownBoardlevelwouldbeconditionaltocompliancewithagencycomments.Hestatedstafffeelscomfortablewiththeapplicationmovingforwardasscheduled.AdditionalconditionscouldbeimposedattheTownBoardlevel.Mr.Cullenconcurredwiththeadditionalconditionofapproval.ConditionsofApproval1.ContinuedcompliancewithJanuary10,2014realestatecontractbetweenGrandHeritageHotelGroup,LLCandtheTownofEstesPark.2.AllimprovementsandpublicfacilitiesnecessaryforPhaseIusesshallbeinstalledwithPhaseI.3.MUTCDwildlifecrossingsignsarerequiredonWonderviewAvenue,nearthecrossingbetweenLot5andtheKnoll-Willows.DesignandlocationshallbedeterminedbystaffduringConstructionPlanapproval.4.LandscapingPlan:a.Landscapingplanshallaccommodateelkmigration,withtreesfocusedclosetobuildingsandparkingareas,withoutlyingareaskeptnaturalgrasslands(withirrigation).b.CompliancewithSection7.8.G.1.bNon-NativeVegetation.5.Staffreviewandapprovalshallberequiredforanyfutureparkinglotlighting.Unlessmoreinformationisrequestedbystaff,theApplicantshallsubmitaphotometricplan,illustrationsoffixturemodels,heightandlocationofproposedlighting.Compliancewith17.44.060(d)(11)andEVDC7.11isrequired.6.Compliancewiththefollowingaffectedagencycomments:a.EstesParkSanitationDistrictmemodatedJanuary29,2015;b.EstesValleyFireProtectionDistrictmemodatedFebruary11,2015;c.TownofEstesParkWaterDivisionmemodatedFebruary19,2015;d.TownofEstesParkLightandPowerDivisionmemodatedFebruary19,2015;e.TownofEstesParkCommunityDevelopmentDepartmentmemodatedFebruary20,2015;f.TownofEstesParkPublicWorksDepartmentmemodatedFebruary20,2015;g.ColoradoHistoricalSocietymemodatedFebruary20,2015;h.RBBArchitects,Inc.memodatedFebruary25,2015. RECORDOFPROCEEDINGSEstesValleyPlanningCommission10March17,2015BoardRoom,EstesParkTownHall7.ShouldnecessaryeasementsnotbegrantedfortheproposedsidewalkalongSteamerDrive,theapplicantshallconstructsuchsidewalkalongtheirpropertyduringPhaseIIconstruction.8.TheApplicantshalldeleteNote#24fromthesiteplan,relatingtooutdoorweddingreceptions.9.Useoftheeasterndrainagefacilitiesforoutdooractivities,includingoutdoorrecreation,shallbereviewedwithPhaseII.10.Option2,aspresentedintheEstesValleyPlanningCommissionhearingonMarch17,2015,reducingtheheightofthebuildingtocomplywithEVDC1.9.E.2,shallbereviewedbyaffectedagencies,including:a.Architecturalreviewthroughalicensed,thirdpartyarchitect;b.EstesParkCommunityDevelopmentDepartmentItwasmovedandseconded(Hills/Murphree)torecommendapprovaloftheAmendmenttoSpecialReview2014-01(SR2014-O1B)totheTownBoardasdescribedinthestaffreport,withthefindingsandconditionsrecommendedandamendedbystaff,usingOption2asthedesignfortheAccommodations-2building,andthemotionpassedunanimouslywithtwoabsent. TownClerkctownclerk©estes.org>£$TI$L&I.P4RFwd:CommentstobeaddtorecordforTrustee’sMeetingApril9,20191messageJackieWilliamson<jwilliamson@estes.org>Sun,Apr7,2019at7:36PMTo:TownClerk<TownClerkestes.org>PleaseincludeintheTownBoard’spacketforTuesdayandsendoutfortheirreviewonMonday.JackieForwardedmessageFrom:ThomasGootz<tdgootzyahoo.com>Date:Sun,Apr7,2019at4:57PMSubject:CommentstobeaddtorecordforTrustee’sMeetingApril9,2019To:JackieWilliamson<jwilIiamsonestes.org>IstronglysupporttheamendmentapprovedbythePlanningCommissionregardingdefining“Parks”intotwoCategoriesa)public,andb)private.Itisessentialthatcommercialparksandotherlargecommercialbuildingsnotbeallowedinresidentialzones.Overthepastseveralweeks,IhavehadachancetotalktomanycitizensofEstesPark,andthevastmajoritywerenotawareofthechangesmadebyourTownPlanningdepartment,thatwouldallowawidevarietyofcommercialparksandbusinessesinresidentialneighborhoodsinTown.ThefactthatthischangewaspartoftheapprovalprocessfortheamusementparkontheWalkerpropertymakesthisthreattoresidentialpropertyrightsevenmoreunacceptable.ByvotingfortheamendmentapprovedbythePlanningCommission,agooddealofmistrustofourgovernmentwouldbealleviated.IattachalettertotheeditorpublishedlastweekintheEPNews,thatexplainsmyfeelingsonthismatter.TomGootzEstesParkJackieWilliamsonAdministrativeSen’icesDirector/TownClerk170MacGregorAvenueP0Box1200EstesPark,CO80517970-577-4771(p)directline970-577-4777(p)generalline970-577-4770(f)jwillison@estes.org2attachmentse-maillogo,jpgilk RecalleffortisaboutpolicynotpeopleMuchhasbeenprintedinthepapersregardingsupportforourlocalpoliticiansconcerningtherecalleffort,butlittleinformationontheattemptsbytheseindividualstothreatenourlocalzoningordinanceshasbeenpublished.ManyvalleyresidentsareagainstbuildingtheoutdoorcoasterprojectintheirresidentialneighborhoodasapprovedbytheTownTrusteesandCountyCommissioners.SupportersoftheTrusteeshavecriticizedthoseagainsttheprojectasbeing“asmallgroupofselfish,disgruntledpeople.”Iwonderhowthesupportersoftheprojectandthosewhoengineereditsapprovalwouldfeelifthecoasterwerebeingbuiltnexttotheirhomes?ArecalleffortofourtwotopgovernmentofficialshasbeenbaseduponallegedethicsviolationsresultingfromchangesmadetotheEstesValleyDevelopmentCodeallowingsuchlargecommercialbusinessestoexistinaresidentialzone.Ithasbeenallegedthattheseviolationsthatenabledapprovalofthecoasterprojectwereconductedtopersonallyenrichamemberofourgovernment.Iftrue,selfenrichmentdirectedbyapublicofficialisunfairandisnotjustice.Moreimportantly,thechangingofourdevelopmentcodebyourelectedofficialstofavoroneprojectunfortunatelyopensupawidevarietyoffuturecommercialprojectsinresidentialneighborhoods.IsthatsomethingthatmosthomeownersinEstesParkwant?Thisbroadchangecouldaffectallresidentialneighborhoodsinthefuture,makingourhomesworthlessindollars,anddestroyingallpersonalvalueoflivinginEstesParkneighborhoods.Isthiscodechange,notsomethingthatourmayorandmayorpro-ternshouldanswerfor?Iftheirnewstatusquobecomespermanentzoninglaw,manypeoplewilllearnthehardwaywhatthisrecallisreallyabout.Thechangesvotedonlastsummertoallowrecreationalprojectsinresidentialzonescoveredtwotypesofactivities.Thefirsttypeinvolvescommercial“parkandrecreational”activities,sincetheproposedcoasterwouldbealargeandnoisyoutdoorvenueprivatelyownedforprofit.Therehasbeenlotsofconfusionregardingwhythisactivitywaspermittedinaresidentialzone.Other,lessintrusiveparksandrecreationalactivitieshavebeenlumpedinthisdecision.Theseinvolvesmaller,publicallyfundedparksbuiltasnotforprofit.Lastweek,thechairmanoftheEstesValleyPlanningCommissiontooktheinitiativetoclarifythe‘parks”definitioncomplicatingthisissue.HehashelpedtheTownPlannerstorevisetherelevantordinancetodivideparksinto“Public”and“Private”categories.Publicparksownedandoperatedbygovernmentalagencieswouldbeallowedinresidentialzones,whilePrivateparksandrecreationalprojectsproposedbycommercialdeveloperswouldnotbeallowedinresidentialzones.Theapprovedcoasterprojectwouldbegrandfatheredin.ThisdifferentiationwouldappeartobeafairandequitablesolutiontotheextensiveconcernsraisedbyabroadrangeofEstesParkcitizenstoprotecttheirneighborhoods.ThePlanningCommissionvotedunanimouslytoapprovethisclarificationattheirmeetinglastweek.TheproposedsolutionnowgoestoourTownTrusteesandCountyCommissionersforapproval.Let’sseeifthemayorandmayorpro-temactuallywanttoprotectthevalueofresidentialneighborhoodsbyvotinginfavorofthisclarification.Iftheydon’twewillknowtheirtrueintentionstocommercializeallresidentialneighborhoodsandmaybetherecallwillbeseenasanecessarymovebymorecitizens.TomGootzEstesPark PublicCommentOrdinance05-19ResidentialZones-ProhibitingCommercialParksandRecreationFacilitiesIspaIdinggmaiI.com<lspaldinggmaiI.com>Sat,Apr6,2019at12:53PMTo:tjirsa@estes.org,cwalkerestes.org.RonNorris<rnorrisestes.org>,cbangsestes.org,mcenac@estes.org,kzornes@estes.org.pmartchinckestes.org.townclerk@estes.orgDearMayorJirsaandTrustees,WearerespondingtotheParksandRecreationFacilitiesdefinitionintheApril9,2019EstesParkBoardofTrusteesmeetingmaterials.WestronglysupporttheproposedcodechangeandassociatedlanguagefortheParksandRecreationsFacilitiesasfoundinthemeetingpacketrelatedtotheParksandRecreationsFacilitiesdefinition.Weunderstandthatthiscodechangewillprohibitprivatecommercialrecreationaldevelopmentinresidentialzonesandwestronglybelievethereshouldnotbeanexpansionofcommercialactivitiesinsuchzones.Thankyouverymuchforyourattention.ThisisamatterofhugeimportancetoEstesParkanditsappropriatefuturegrowthanddevelopment.Sincerely,JeffandLizSpaldingProtectingresidentialpropertiesfromcommercialdevelopment1messageNancyThomas<nthomasg.emporia.edu>Sat,Apr6,2019at9:05PMTo:tjirsaestes.org,cwalkerestes.org,rnorrisestes.org,cbangsestes.org,Mariecenac<mcenacestes.org>,kzornes©estes.org,pmartchinckestes.org,townclerk@estes.orgDearMayorJirsaandEstesParkTrustees:IamwritingtourgeyoutoprohibittheexpansionofcommercialactivitiesinEstesParksresidentialzones.ThisissuehasbeenandremainsagreatconcerntomanyEstesParkresidents.Tothatend,IhopeyouwillsupporttheproposedcodechangeandaccompanyinglanguageforEstesPark’sParksandRecreationalFacilities,whichwillprohibitprivatecommercialrecreationaldevelopmentinareasthatarezonedresidential.NancyP.Thomas,Ph.D.160StanleyCircleDriveEstesPark,Co80517 PublicCommentOrdinance05-19ProhibitingCommercialParksandRecreationFacilitiesinResidentialZonesJimLehman<j_hlehman@verizon.net>Sat,Apr6,2019at9:11PMTo:tjirsaestes.org,cwalkerestes.org,rnorris©estes.org,cbangsestes.org,mcenacestes.org,kzornesestes.org,pmartchinckestes.org,townclerkestes.orgDate:April7,2019To:EstesParkBoardofTrusteesFrom:JimandHenriettaLehman,144StanleycircleDr.Subject:ProhibitingcommercialParksandRecreationFacilitiesinResidentialZonesThisemailisinresponsetotheParksandRecreationFacilitiesdefinitionintheApril9,2019EstesParkBoardofTrusteesmeetingpacket.WeareinsupportoftheproposedcodechangeandaccompanyinglanguagefortheParksandRecreationsFacilitiesasfoundinthemeetingpacketrelatedtotheParksandRecreationsFacilitiesdefinition.Itismyunderstandingthatthiswillprohibitprivatecommercialrecreationaldevelopmentinresidentialzones.MypositionisthatthereshouldNOTbeanexpansionofcommercialactivitiesinresidentialzones.WeappreciatetheEstesParkBoardofTrusteeslisteningtotheconcernsofEstesValleyresidentsonthisimportantissue.Thankyouforyourconsideration,JimandHenriettaLehman,144StanleycircleDr.,EstesParkProhibitingCommercialParksandRecreationsFacilitiesinResidentialZonesROBERTANDDIANEERNST<ernstb2@msn.com>Sun,Apr7,2019at8:58AMTo:ToddJirsa<tjirsa@estes.org>,CodyWalker<cwaIkerestes.org>,“cbangsestes.org”<cbangs@estes.org>,“kzornesestes.org”<kzornes@estes.org>,“mcenac@estes.org’<mcenacestes.org>,“rnorris@estes.org”<rnorris@estes.org>,“townclerkestes.org”<townclerkestes.org>,“pmartchinckestes.org”<pmartchinck@estes.org>Cc:ROBERTANDDIANEERNST<ernstb2@msn.com>Date:April7,2019To:TownofEstesParkBoardofTrusteesFrom:RobertandDianeErnstEstesPark,coThisemailisinresponsetotheParksandRecreationFacilitiesdefinitionintheApril9,2019EstesParkBoardofTrusteesmeetingpacket. PublicCommentOrdinance05-19WeareinsupportoftheproposedcodechangeandaccompanyinglanguageforParksandRecreationsFacilitiesasfoundinthemeetingpacket.Itisourunderstandingthatthiswillprohibitprivatecommercialrecreationaldevelopmentinresidentialzones.OurpositionisthatthereshouldNOTbeanexpansionofcommercialactivitiesinresidentialzones.WeareinappreciationoftheEstesParkBoardofTrusteeslisteningtotheconcernsofEstesValleyresidentsonthisimportantissue.RobertandDianeErnstEstesPark,COProhibitingCommercialParksandRecreationFacilitiesinResidentialZones1messagePeggyA.West<pwest590@msn.com>Mon,Apr8,2019at8:59AMTo:“pmartchink@estes.org”<pmartchink©estes.org>,“tjirsa@estes.org”<tjirsa@estes.org>,‘cwalker@estesorg”<cwalker©estes.org>,“rnorrisestes.org”<rnorris@estes.org>,‘cbangsestesorg”<cbangsestes.org>,“mcenacestes.org”<mcenac@estes.org>,‘kzornes@estesorg’<kzornes@estes.org>,“townclerkestes.org”<townclerk@estes.org>DearMr.MayorandTrustees,RegardingtheParksandRecreationFacilitiesdefinitionintheApril9,2019EstesParkBoardofTrusteesmeetingpacket,IsupporttheproposedcodechangeandaccompanyinglanguagefortheParksandRecreationsFacilitiesasfoundinthemeetingpacketrelatedtotheParksandRecreationsFacilitiesdefinition.Myunderstandingisthatthiswillprohibitfurtherprivatecommercialrecreationaldevelopmentinresidentialzones.MypositionisthatthereshouldNOTbeanexpansionofcommercialactivitiesinresidentialzonesnorinourresidentialneighborhoods.IappreciatetheEstesParkBoardofTrusteeslisteningtotheconcernsofEstesValleyresidentsonthisimportantissue.Thankyou,PeggyWest PublicCommentOrdinance05-19RequesttoMayorandTrusteesJayVetter<jaymillsd©gmail.com’Tue,Apr9,2019at11:19AMTo:townclerkestes.orgHonorablemembersoftheTownBoard:AsapropertyownerinanareazonedA-i,Iamconcernedthatthenew“ParkandRecreationFacilities”codeamendmentonyouragendaascurrentlywrittenmayopenZonesAandA-itoprivatecommercialdevelopmentthatisnotcurrentlyallowed.TheAandA-izonesseemtobesomewhatuniquetotheEstesValleyandmostofthemarelocatedonthewestsideoftownclosertotheNationalParkandadjacenttoresidentialareas.IsuspecttherewasgreatwisdomintheircreationandusewhentheEVDCwasadopted.Thanksforyourconsideration.JayVetteri7ilMillsDr,EstesPark,co80517