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HomeMy WebLinkAboutPACKET Town Board 1998-09-081 4 ij Prepared 9/3/98 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 8, 1998 AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated August 25, 1998. 2. Bills. 3. Committee Minutes: A. Planning Commission, August 18, 1998 (acknowledgment only). B. Community Development, August 27, 1998: 1. Approval of 1998-99 Rooftop Rodeo Committee Members. C. Board of Adjustment, September 1, 1998 (acknowledgment only). D. Public Safety, September 3, 1998: Mayor: Open Hearing and ask if there are any persons who would like to speak to this Plat. If not, it will remain on the Consent Agenda. 4. Public Hearing: Final Plat of Lot 2, Venner Subdivision, Robert & Iris Trumbull Trust/Applicants - Sr. Planner Joseph. 5. Amended Plat of Tract 18, Beaver Point, Second Addition, David & Brenda Lemke/Applicants - Continue Public Hearing to October 13, 1998. 6. Amended Plat of Lots 12, 13 and 14, Block 1, Fall River Estates, Lienemann, Goff, Harrison, Jobe/Applicants - Continue Public Hearing to October 13, 1998. ACTION ITEMS: 1. Certificates of Participation Refinancing (Golf Course)- Finance Officer Vavra - Authorize Mayor to execute following documents: A. Amended and Restated Ground Lease B. Amended and Restated Golf Course Lease C. Amended and Restated Indenture of Trust D. Amended and Restated Operating Agreement. E. Ordinance # . 2. Adoption of 1997 Uniform Building Codes (continued from p August 11 and 25, 1998) - Building Official Birchfield: A. Ordinance #10-98 Uniform Building Code, 1997 Edition, Volumes 1 through 3. B. Ordinance #11-98 Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition. C. Ordinance #12-98 Uniform Mechanical Code, 1997 Edition. D. Ordinance #13-98 Uniform Plumbing Code, 1997 Edition. 3. Public Hearing: Wildfire (Homestead) Ridge Annexation (Continued from August 25, 1998) - Sr. Planner Joseph: A. Annexation Resolution # . B. Annexation Ordinance # . C. Zoning Ordinance # . 4. Resolution # - Authorizing Surprise Sale Days October 10 & 11, 1998 - Special Events Director Hinze. 5. Town Administrator's Employment Agreement - Mayor Dekker. 6. Estes Park Conference Center Service Agreement, and Food and Beverage Concession Agreement - Town Attorney White. 7. Appointments/Re-appointments - Mayor Dekker: A. EPURA: Gerald W. Swank and Paula Steige, 5-yr. terms expiring 9/14/03 (re-appointments); Rich Widmer (appointment), completing vacancy (Klaphake), 5-yr. term, expiring 9/14/00. B. PRPA: Richard Matzke (appointment), completing vacalicy (Widmer), term expiring 12/31/99. -2- MEMORANDUM TO: Honorable Mayor Dekker and Board of Trustees From: Robert B. Joseph 9~1 Community Development Senior Planner I)ate: September 2, 1998 Subject: Final Plat, Lot 2, Venner Subdivision West End of Landers Street CONSENT AGENDA Background: This is a request to divide one existing lot to create a new lot to construct a new single family residence. The Preliminary Plat was approved August 19,1997. Both lots meet the Town's minimum lot area requirements and Subdivision Standards. There are no variances. Planning Commission recommended approval ofthis Final Plat on August 18, 1998. PROSPECT AVE. \ HOSPITAL ADD 2345 \%«\ HIGH ST. MOCASSIN CIRCLE Dll HOSPITAL E ¥ WR B-~~~AL) CORPORAT€,/ 8 1 y----7 ; r Ist:gr WY ' '1,-9,~l,O. '° , L»*73 - { TYPICAL ) .6.hon ma 9 N 44 1~ VENNER - 11 : OURAY DR. -PONDEROSA AVE. CUMORR~/ , 74jkt SITE ., /S/N 1-8 1 25 130 1 36 3I VICINITY MAP NOT TO SCALE Recommendation: Approval of Final Plat Lot 2, Venner Subdivision. 0 SJelloa 1 BUILDING PERMIT REVENUE COMPARED TO BUILDING INSPECTION EXPENDITURES 300,000 - 250,000 - 276,795 il 200,000 - 220,000 Revenues - 000'09 L 6Lt'99X 006'179 1. 6EL'OGL 069'6LL 8179'L L L 91€,9 L L - 000'00 L sesuedx3 Z8Z'L9 - 000'09 LS" L9 ££1'99 9£ L'99 966 L 3 266X 9661. 966L 4661. €66K Year 96/L L/6/dwood)(3-Aekl/uo!)08dsul MEMORANDUM TO: Mayor Dekker Board of Trustees FROM: Stephen L. Stamey Community Development Director SUBJECT: 1997 Uniform Building Code DATE: September 2, 1998 BACKGROUND Atthe August 11,1998 TownBoardmeeting, theTrustees requested more informationontheimpacts of adopting the 1997 U.B.C. This Memorandum will address those specific requests for information as follows: 1. CHANGES. Staffhas compared 1994 and 1997 U.B.C. requirements, specificallyfor residential construction, and concludes that majorcodechanges are format related. Forexample, Chapter 10, Means of Egress was totally re-formatted, but the code analysis by ICBO concludes "The change to the three part system did not in and of itself require any changes in the code regarding technical requirements." Chapter 11 deals with Accessability, and the revisions bring accessability provisions of the code in Conformance with HUD's Fair Housing Guidelines, such as: • New section 1106 describes design andconstructionrequirements for adaptable dwelling units, which allows for future modifications of structure. • There are specific requirements for elements such as kitchens and bathrooms, which eliminate confusion. Other 1997 code changes that apply to residential construction include: • Section 1203.3 now exempts residential laundry rooms from ventilation requirements, reducing energy loss. • Section 1505.3 requires a 1" clear air space between insulation and roof sheathing, lessening moisture damage. • Appendix Chapter34 was added to provide clear criteriaonrepairing structures damaged by natural disaster. In staff's opinion, there are no changes that substantively affect construction requirements or building costs. (Background continued on Pages 2 and 3) RECOMMENDATION Staff recommends adoption of the 1997 Uniform Building Codes as presented. Memo - 1997 Uniform Building Code Page 2 2. COMPARISON OF 1994 AND 1997 FEES. Comparisons of Table 1-A, from the 1994 and 1997 codes follow. TOTAL FEE - 1994 FEE - 1997 VALUATION $1 to $500 $21.00 $23.30 $501 to $2,000 $21.00 for the first $500 plus $2.75 for $23.50 for the first $500 plus $3.05 for each each additional $100 additional $100 $2,001 to $25,000 $62.25 for the first $2,000 plus $12.50 for $69.25 for the first $2,000 plus $14.00 for each additional $1,000 each additional $1,000 $25,001 to $50,000 $349.75 for the first $25,000 plus $9.00 for $391.75 for the first $25,000 plus $10.10 for each additional $1,000 each additional $ 1,000 $50,001 to $100,000 $574.75 for the first $50,000 plus $6.25 for $643.75 for the first $50,000 plus $7.00 for each additional $1,000 each additional $1,000 $100,001 to $500,000 $887.25 for the first $100,000 plus $5.00 for $993.75 for the first $100,000 plus $5.60 for each additional $ 1,000 each additional $1,000 $500,001 to $ 1,000,000 $2,887.25 for the first $500,000 plus $4.25 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 for each additional $1,000 $1,000,001 and up $5,012.25 for the first $1,000,000 plus $2.75 $5,608.75 for the first $1,000,000 plus $3.65 for each additional $1,000 for each additional $1,000 Thechange from the 1994 to the 1997 feeschedule is 11.9%, or 3.9% per year. It should be noted thatthis feeschedule willbeutilized untilthe nextcode update, whichwould beanticipated in 2001. TheTown's salary and benefitcosts have typicallyincreased4.0% to 4.5% per year. TheTown has now added asecond full-time building official, to provide improvedcustomer service and timely issuance of building permits and inspections. Aquestion was raised regarding aColorado case involving the appropriateness ofbuilding perrnit fees. InBAINBRIDGE, INC, VS. DOUGLAS COUNTY, theCourtof Appeals found that: 1. Direct and "indirect costs, including, for example, services by the county manager, the county attorney's office, the assessor's office, and various other divisions ofthecounty government, may be calculated in determining the present operational cost and future expansion of the building department." 2. "Wedisagreewith the trialcourt's conclusion however, that thereisnorequirementthat the fees generated generally approximate the overall costs of operating the building department." 3. Feescharged bytheCountyare notlimited tothedirectcostsofoperating the department. ' Memo-1997 Uniform Building Code Page 3 4. The part ofthejudgement determining, in effect, that the fees need not approximate the overall direct and indirect costs of operating the building department is reversed, and remanded for additional findings. In other words, the appeals court ruled that building permit fees must approximate the direct andindirectcosts of operating the building department. Inthe Town'scase, direct and indirect costs would include salary and benefits of two full time inspectors, a proportional cost ofpersonnelin Planning, Town Clerks, Light and Power, Public Works, Legal, and Finance, plus vehicle, office space and utilities, supplies, and training. It should benoted that theseare fixedcosts, and are incurred whetherconstructionis up ordown. Adoption of the 1997 Uniform Building Codes provides for: • Uniformity for code users among jurisdictions • Beginning in 1998, the I.S.O. will be rating communities on the effectiveness of their building departments. This rating may have an effect on property insurance premiums. Adoption of the most current building code is a positive rating factor. • Providing betterservice to thecommunitybystaying current withbuilding technology and safety requirements. • Some code changes are less restrictive, allowing for new technologies and materials. CC: Town Administrator Richard Widmer Building Officials - Allman and Birchfield .t Memo To: The Honorable Mayor Dekker and Board of Trustees From: John R. Allman,~- Certified Building Official #352 I)ate: June 29, 1998 Subject: Adoption of the 1997 Uniform Building Codes Background The Uniform Building, Plumbing, Mechanical and Abatement of Dangerous Building codes are updated every three years. The Town is currently using the 1994 editions of the above codes. These codes set forth minimum standards for the protection of life, health and safety, for building construction. These codes also reflect current building practices and material uses. Budget The 1997 Uniform Building Code also establishes building pennit fees, as set forth in Table 1-A. This fee schedule is also updated every three years to reflect current costs. Recommendation The Community Development Department recommends that the Ordinances for the adoption of the Uniform Building Code Volumes 1, 2 and 3 Uniform Mechanical Code 1997, Uniform Code forthe Abatement ofDangerous Building 1997 and the Uniform Plumbing Code 1997 be adopted with amendments, be approved. 108.8-109.6 1997 UNIFORM BUILDING CODE TABLE 1-A - reinspection fee in accordance with Table 1-A or as set forth in the 1. The building permit number. fee schedule adopted by the jurisdiction. 2. The address of the building. In instances where reinspection fees have been assessed, no 3. The name and address of the owner. additional inspection of the work will be performed until the re- quired fees have been paid. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building has SECTION 109 - CERTIFICATE OF OCCUPANCY been inspected for compliance with the requirements of this code 109.1 Use and Occupancy. No building or structure shall be for the group and division of occupancy and the use for which the used or occupied, and no change in the existing occupancy classi- proposed occupancy is classified. fication of a building or structure or portion thereof shall be made 6. The name of the building official. until the building official has issued a certificate of occupancy therefor as provided herein. 109.4 Temporary Certificate. If the building official finds that no substantial hazard will result from occupancy of any building EXCEFI'ION: Group R, Division 3 and Group U Occupancies. or portion thereof before the same is completed, a temporary cer- Issuance of a certificate of occupancy shall not be construed as tificate of occupancy may be issued for the use of a portion or por- an approval of a violation of the provisions of this code or of other tions of a building or structure prior to the completion of the entire ordinances of the jurisdiction. Certificates presuming to give au- building or structure. thority to violate or cancel the provisions of this code or other ordi- nances of the jurisdiction shall not be valid. 109.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed ex- 109.2 Change in Use. Changes in the character or use of a build- cept by the building official. ing shall not be made except as specified in Section 3405 of this code. 109.6 Revocation. The building official may, in writing, sus- pend or revoke a certificate of occupancy issued under the provi- 1093 Certificate Issued. After the building official inspects the sions of this code whenever the certificate is issued in error, or on building or structure and finds no violations of the provisions of the basis of incorrect information supplied, or when it is deter- this code or other laws that are enforced by the code enforcement mined that the building or structure or portion thereof is in viola- agency, the building official shall issue a certificate of occupancy tion of any ordinance or regulation or any of the provisions of this that shall contain the following: code. TABLE 1-A-BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to.$50,000.00 $391.75 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours.......................................................................$47.00 per hourl (minimum charge-two hours) 2. Reinspection fees assessed under provisions of Section 305.8..........................................................$47.00 per hourl 3. Inspections for which no feeisspecifically indicated ................................................................. $47.00 per hourl (minimum charge-one-half hour) 4. Additional plan review required by changes, additions or revisions to plans ............................................... $47.00 per houri (minimum charge-one-half hour) 5. For use of outside consultants forplan checking and inspections, or both .................................................... Actual costs2 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. 1-6 MEMORANDUM TO: Mayor Dekker Board of Trustees FROM: Stephen L. Stamey Community Development Director SUBJECT: Adoption of 1997 Uniform Building Codes DATE: June 10, 1998 Background The Uniform Building, Plumbing, Mechanical and Abatement of Dangerous Building codes are updated every three years. The Town is currently using the 1994 editions of the above codes. These codes set forth minimum standards for the protection of life, health and safety, for building construction. These codes also reflect current building practices and material uses. Budget The 1997 Uniform Building Code also establishes building permit fees, as set forth in Table 1-A. Recommendation Set kugust-1 1,-f9981 the:PubliE Hearif dhte for consideration of adoption of the 1997 Uniform Building, Plumbing, Mechanical and Abatement of Dangerous Building Codes. MEMORANDUM DATE: June 9,1998 TO: Town Attorney v\/hite Building Official Allman FROM: Vickie O'Connor SUBJECT: Adoption of Building Codes, 1997 Editions I have completed the changes to the Public Notice and Ordinances following your comments to my memo dated May 7t~ Attached are the second drafts. Please note the following changes: 1. Added the publication dates. 2. Noted that the Plbg. Code is promulgated by the IAPMO. 3. Added "Volumes 1 through 3" for the Bldg. Code. 4. Plbg. Code - • Deleted 14-24-040 Permit not required for minor repairs as it was already in the Municipal Code, and there were no changes being made. • Deleted 14-24-080 Fee as there were no changes being made. • Added 14.24.090 Damages. I would appreciate your final comments so I can proceed with scheduling the public hearing notices. Thank you©. MEMORANDUM DATE: May 7,1998 TO: Town Attorney \Nhite Community Development Director Stamey Building Official Allman FROM: Vickie O'Connor SUBJECT: Adoption of Building Code, 1997 Editions Attached are the following documents relating to the adoption of the Uniform Building Code, Appendix, Standards, Abatement of Dangerous Buildings, Plumbing Code, and Mechanical Code, all 1997 Editions. I merely copied the ordinances that were prepared when we adopted the current codes. I believe the ordinances should be introduced at the July 14th Town Board meeting, with publication on July 24th (15 days) and July 31St (8 days) prior to the public hearing which will be held August 11,1998. Please review and comment. Thank you©. ri- D 9»3.-GL NOTICE OF PUBLIC HEARING The Board of Trustees of the Town of Estes Park shall conduct a public hearing on the 11th day of August, 1998 at 7:30 p.m. in the Municipal Building, 170 MacGregor Ave., Estes Park, Colorado, for the purpose of considering the adoption of the following Uniform Codes: 1. Uniform Building Code, 1997 Edition, Uniform Building Code Appendix, 1997 Edition Uniform Building Code Standards, 1997 Edition 2. Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition Uniform Plumbing Code, 1997 Edition Cl Uniform Mechanical Code, 1997 Edition *3 4- re.~4 474,.. 6 4-Sl,j~,47,..,, ©p Ptu'.'4'.4 A.* Alert#¢AA/,CAk 6€6•<LIAU MlbM=of -the above Uniform Codes are promulgated by the International ¢6nference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. The purpose of each of the above codes is as follows: 1. Uniform Building Code-The purpose is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the Town of Estes Park. The provisions of the Uniform Building Code apply to the construction, alteration, moving, demolition, repair and use of any building or structure within the Town of Estes Park. 2. Uniform Code for the Abatement of Dangerous Buildings- The purpose is to require the repair, vacation, or demolition of buildings or structures which from any cause endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupancy within the Town of Estes Park. The provisions of the Uniform Code for the Abatement of Dangerous Buildings apply to all dangerous buildings as defined in said Code which are in existence or which may hereafter become dangerous within the Town of Estes Park. 3, Uniform Plumbing Code-The purpose is to provide minimum standards tosafeguard life Er limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, bu- d~ f .1&204,LL 49.2 · x 14.144 - e WO P wurUP t U,U.Lek 42 NOTICE OF PUBLIC HEARING The Board of Trustees of the Town of Estes Park shall conduct a public hearing on the 11th day of August, 1998 at 7:30 p.m. in the Municipal Building, 170 MacGregor Ave., Estes Park, Colorado, for the purpose of considering the adoption of the following Uniform Codes: f MUL- &16 .. 1. Uni form Building Code, 1997 Edition, gY,4-o,6, 1 -1 #ni-fcrm--Bulldirrg-CNiE-AppEYid-1*7-1997-Editfon--- 4 4-»u.,3 _Unif ©Tm-Building-Gede-Starrdards, 1997-Ectit:ton- - 1-3 2. Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition , Q kh . Ut Nl 1 -I·nte.Enet*oFiNI~XZZZE.ati gE of EGETRi--REE MechaNIEKI~ .af£.igia4-87-1-991-Edition 0612>#1 8*4€) 41~· / 96 b A. Uniform Mechanical Code, 1997 Edition Gl~f¢7 4 The-aha=e--Un~form--eedes are promulgated by the International B' Conference of Building Officials, 5360 Sou )ad, Whittier, California 90601. 3)6,+ 4,4, r*ywd -617& 1 Wdl,,+ NA 9 /7~-ins- The purpose of each of the above codes is as follows: 1. Uniform Building Code-The purpose is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the Town of Estes Park. The provisions of the Uniform Building Code apply to the construction, alteration, moving, demolition, repair and use of any building or structure within the Town of Estes Park. 2. Uniform Code for the Abatement of Dangerous Buildings- The purpose is to require the repair, vacation, or demolition of buildings or structures which from any cause endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupancy within the Town of Estes Park. The provisions of the Uniform Code for the Abatement of Dangerous Buildings apply to all dangerous buildings as defined in said Code which are in existence or which may hereafter become dangerous within the Town of Estes Park. ©~Uniform Plumbing Code-The purpose is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, -2"/1--'02"I'lfitium operation, and maintenance or use of public plumbing equipment and systems within the Town of Estes Park. The provisions of the Uniform Plumbing Code apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing equipment and systems within the Town of Estes Park. J y< Uniform Mechanical Code-The purpose is to provide minim[lim standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heating appliances within the Town of Estes Park. The provisions of the Uniform Mechanical Code, 1997 Edition, apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat producing appliances within the Town of Estes Park. Copies of all of the above Uniform Codes are on file with the Town Clerk and are open to public inspection at the Municipal Building, 170 MacGregor Ave., Estes Park, Colorado, between the hours of 8:00 a.m. - 12:00 Noon, and from 1:00 - 5:00 p.m., Monday through Friday. PUBLISH: Legal Notice Estes Park Trail Gazette Friday, July 24 and Friday, July 31, 1998 .. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO BUILDINGS, AND CONSTRUCTION, INCLUDING THE ADOPTION OF THE UNIFORM BUILDING CODE, Zid , /- 3 1997 EDITION WHEREAS, on the 11th day of August, 1998, the Board of Trustees of the Town of Estes Park held a Public Hearing on the adoption of the 1997 Edition of entire Uniform Building Code; and WHEREAS, notice of said hearing was published as provided in Section 31-16-203, C.R.S.; and WHEREAS, prior to the adoption of the Uniform Building Code, 1997 Edition, by reference, copies of said Code and all secondary codes were presented to the Board of Trustees of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Chapter 14.12 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 14.12.010 Uniform Building Code, 1997--Adopted. The Uniform Building Code, Volumes 1, 2, and 3, 1997 Edition, the Uniform Building Code Appendix, 1997 Edition, issued by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, except the sections or parts of sections thereof which are amended by this chapter, referred to in this title as the "Uniform Building Code" is enacted, adopted by this reference, and incorporated in this chapter as if set out at length. 14.12.020 Exceptions to Appendix. The Uniform Building Code Appendix, 1997 Edition, is amended by the deletion of Chapter 3, Division 3, and Chapters 13, 30, and 34. 14.12.030 Grading Permits. Section 3306 of Chapter 33 of the Uniform Building Code Appendix, 1997 Edition, shall be amended by the addition of Section 3306.3 to read as follows: - 4 bl AL- A XX/«-·d~.10'~ )'t 064-7- - I I No grading or excavation for projects which require development or concept plan approval under the provisions of Section 17.36.040 of the Municipal Code shall be done without a grading permit. A grading permit may be issued following final approval of a development or concept plan if the applicant desires to grade or excavate a project prior to the issuance of a building permit. 14.12.040 Section 109.1 amended--Use or occupancy. Section 109.1 of the Uniform Building Code is amended to read as follows: No building or structure of group A, B, E, F, H, I, M, R or S occupancy, shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building official has issued a Certificate of Occupancy therefore as provided herein. 14.12.050 Violation. A. It is unlawful for any person to violate any of the provisions stated or adopted in the Uniform Building Code. B. Every person convicted of a violation of any provision stated or adopted in the Uniform Building Code shall be punished as set forth in Section 1.20.020 of this code. C. The Town shall have the option of instituting an appropriate action in any court having jurisdiction to prevent, enjoin, abate or remove a violation of any portion of the Uniform Building Code and to prevent the occupancy of any building and structure or to prevent any illegal act or use in or on such premises as the result of any violation of the provision of the Uniform Building Code. 14.12.060 Damages. Neither the Town's Building Official, Town Engineer, nor any other employee or agent of the Town of Estes Park, nor any volunteer acting on behalf of the Town of Estes Park shall be liable in damages for any act and/or omission by said person pursuant to the duties and the enforcement of the provisions of the Uniform Building Code. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and subsequent publication. . I PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1998. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1998, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1998. Town Clerk 4 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO THE ABATEMENT OF DANGEROUS BUILDINGS THROUGH THE ADOPTION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION WHEREAS, on the 11 th day of August, 1998, the Board of Trustees of the Town of Estes Park held a Public Hearing on the adoption of the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; and WHEREAS, notice of said hearing was published as provided in Section 31-16-203, C.R.S.; and WHEREAS, prior to the adoption of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, by reference, copies of said Code were presented to the Board of Trustees of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Section 14.48.010 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 14.48.010 Uniform Code for the Abatement Of Dangerous Buildings, 1997--Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, issued by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, is amended and adopted by this reference as a primary code, and incorporated in this chapter as if set out at length. Section 2. Section 14.48.040 is hereby added to read as follows: 14.48.040 Damages. Neither the Town's Building Official, Town Engineer, nor any other employee or agent of the Town of Estes Park, nor any volunteer acting on behalf of the Town of Estes Park shall be liable in damages for any act and/or omission by said person pursuant to the duties and the enforcement of the provisions of the Uniform Building Code for the Abatement of Dangerous Buildings. 41 Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and subsequent publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1998. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1998, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1998. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO BUILDINGS AND CONSTRUCTION INCLUDING THE ADOPTION OF THE UNIFORM PLUMBING CODE, 1997 EDITION WHEREAS, on the 11th day of August, 1998, the Board of Trustees of the Town of Estes Park held a Public Hearing on the adoption of the 1997 Edition of the Uniform Plumbing Code; and WHEREAS, notice of said hearing was published as provided in Section 31-16-203, C.R.S.; and WHEREAS, prior to the adoption of the Uniform Plumbing Code, 1994 edition, by reference, copies of said Code were presented to the Board of Trustees of the Town of Estes Park. NOW,, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Section 14.24.010 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 14.24.010 Uniform Plumbing Code, 1997--Adopted. The Uniform Plumbing Code, 1997 Edition, issued by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789-2825, is enacted and adopted by this reference, and incorporated in this chapter as if set out at length. Section 2. Section 14.24.080 is hereby added to read as follows: -~ 14.24.080 Fees. The fee schedule in Section 20.7 of the / Uniform Plumbing Code shall be deleted and replaced by Table 3-A ~ of the Uniform Building Code. Section 3. That Section 14.24.050 of the Municipal Code < of the Town of Estes Park, Colorado shall be amended to read as \ follows: 14.24.050 Permit--Not required for minor repairs. No permit will be required for minor repair work. "Minor repair work" means the repair of leaks in pipes, drains and faucets, opening up of waste and supply pipes, traps or drains, or replacing broken fixtures or frozen pipes inside the walls of buildings. Where wastes, vents or pipes are changed, a permit must be taken out. Section 4. That Section 14.24.090 of the Municipal Code of the Town of Estes Park, Colorado shall be amended to read as follows: 14.24.090 Damages. Neither the Town's Building Official, Town Engineer, nor any other employee or agent of the Town of Estes Park, nor any volunteer acting on behalf of the Town of Estes Park shall be liable in damages for any act and/or omission by said person pursuant to the duties and the enforcement of the provisions of the Uniform Plumbing Code. Section 5. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and subsequent publication. PASSED AND ADOPTED BY THE BOARD OF tRUQTF* OF THE TOWN OF ESTES PARK, COLORADO, THIS Dky=-<df , 1998. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1998, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1998. NOTICE OF PUBLIC HEARING The Board of Trustees Of the Town of Estes Park shall conduct a public hearing on the 11th day of August, 1998 at 7:30 p.m. in the Municipal Building, 170 MacGregor Ave., Estes Park, Colorado, for the purpose of considering the adoption of the following Uniform Codes: 1. Uniform Building Code, 1997 Edition, Volumes #1 through 3, Publication date April, 1997 2. Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, Publication date March, 1997 3. Uniform Mechanical Code, 1997 Edition, Publication date February, 1997 4. Uniform Plumbing Code, 1997 Edition, Publication date September, 1996. Items 1, 2, and 3 above are promulgated by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. Item 4 is promulgated by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Dr. South, Walnut, California 91789-2825. The purpose of each of the above codes is as follows: 1. Uniform Building Code-The purpose is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the Town of Estes Park. The provisions of the Uniform Building Code apply to the construction, alteration, moving, demolition, repair and use of any building or structure within the Town of Estes Park. 2. Uniform Code for the Abatement of Dangerous Buildings- The purpose is to require the repair, vacation, or demolition of buildings or structures which from any cause endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupancy within the Town of Estes Park. The provisions of the Uniform Code for the Abatement of Dangerous Buildings apply to all dangerous buildings as defined in said Code which are in existence or which may hereafter become dangerous within the Town of Estes Park. 3. Uniform Mechanical Code-The purpose is to provide minimum standards to safeguard life or limb, health, property and 10 public welfare by regulating and controlling the design, construction, installation, quality Of materials, location, operation, and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heating appliances within the Town of Estes Park. The provisions of the Uniform Mechanical Code, 1997 Edition, apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat producing appliances within the Town of Estes Park. 4. Uniform Plumbing Code-The purpose is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of public plumbing equipment and systems within the Town of Estes Park. The provisions of the Uniform Plumbing Code apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing equipment and systems within the Town of Estes Park. Copies of all of the above Uniform Codes are on file with the Town Clerk and are open to public inspection at the Municipal Building, 170 MacGregor Ave., Estes Park, Colorado, between the hours of 8:00 a.m. - 12:00 Noon, and from 1:00 - 5:00 p.m., Monday through Friday. PUBLISH: Legal Notice Estes Park Trail Gazette Friday, July 24 and Friday, July 31, 1998 Memo To: Honorable Mayor Dekker and the Board of Trustees From: Monte Vavra, Finance Officer Date: September 2,1998 Re: 1990 Golf Course Certificate of Participation Refinancing Background: In 1990 the Town of Estes Park issued Certificates of Participation (COP's) amount of $1,135,000 which was used to renovate the 18 hole golf course and clubhouse. The details of the transaction required the Town to create a Building Authority and as a conduit for a lease and lease back of the property and annual rental fees. The Recreation District also signed an operating agreement to manage the Golf Course and operations. Since the first part of the year we have been working on refinancing the COP issue. James Capital Advisors was hired to assist in structuring the transaction. After looking at the numbers it was recommended that we seek a private placement rather than going to the market. We contacted United Valley Bank to determine if there was interest in purchasing some or all of the refinancing note. United Valley Bank's position is that they would do the refinancing, but wanted the total transaction (approximately $800,000) Diane Barrett of Holmes Roberts and Owens was hired as the bond attorney to review the previous COP financing and to structure the refinancing and all documents in accordance with all present laws ariel regulations. Greg White has also participated in the discussions to date and has reviewed the draft documents of the transaction. United Valley has committed to a flat interest rate of 5.5%, with the option of advance principal payments. The tenn of the bond will be until 2009 (same as original) with the same security and trustee. One difference between the old issue and the refinanced issue is that United Valley has waived the Reserve Fund requirement which frees up over $100,000. A new ground lease will need to be adopted to relate to the refinanced bond issue. The ground lease will be renewable every two years. This refunding should save the Recreation District $79,000 over the eleven years in debt service payments. The costs associated with the refinancing is approximately $30,000, which will be paid at closing. The Estes Park Building Authority and the Estes Valley Recreation and Park District Boards are to call Board meetings on September 08, prior to the Town Board meeting to review and approve the documents. If all goes as planned the refinancing will occur approximately Mid November and the 'Old COP's" will be called bythe Trustee on December 1,1998. Recommendation: Authorize the Mayor to sign the documents as prepared by Holme Roberts & Owen to refund the 1990 COP issue. • Page 1 4 HRO DRAFT 2 7/7/98 STATE OF COLORADO ) COUNTY OF LARIMER ) 0rqlf<ivj TOWN OF ESTES PARK ) The Board of Trustees of the Town of Estes Park, Colorado, met in regular session, in full conformity with law and the rules and ordinances of the Town, at the Municipal Building in Estes Park, Colorado, on Tuesday, , 1998 at 7:30 P.M. Upon roll call the following were present constituting a quorum: Mayor: Mayor Pro Tem: Trustees: Absent: Also Present: Town Clerk: Vickie O'Connor Town Administrator: 43ii*hake Finance Officer: Monte L. Vavra Town Attorney: Gregory A. White, Esq. {A} #345402v5 * , ORDINANCE NO. AN ORDINANCE APPROVING THE FORM OF AN AMENDED AND RESTATED GROUND LEASE AGREEMENT {A}; AN AMENDED AND RESTATED GOLF COURSE LEASE AGREEMENT {A} ANDiANg-AMENDEDJANDFRESTATEDTOPERATING ...:..U....I-•:»·,$904 «*Ul®»e«.~2~»W~R~~ ~~ 4 . ... -~ I.I./.Ilid- I ./.&. ./. I--......VI AGREEMENTSREEATING- TO1THE REFINAN.CINGJ OFJ'I]IRT.99&ECRUM@E, AND AUTHORIZING THE EXECUTION OF SUCH DOCUMENTS, AND APPROVING OTHER DOCUMENTS IN CONNECTION WITH THE {A} REFINANCING OF THE {A} GOLF COURSE. 1/.. .....+I././.....u.4.... WHEREAS, the Town of Estes Park, Colorado (the "Town") is authorized to acquire, hold, lease and dispose of property, both real and personal, pursuant to Section 31-15-101(1) C.R.S., and WHEREAS, the Town also has the authority, pursuant to Section 31-15-801 C.R.S., to enter into lease purchase agreements to provide necessary land, buildings, equipment and other property . for governmental or proprietary purposes; and WHEREAS, the Town presently owns an 18-hole municipal golf course iilidclubhduse located in the Town and has entered into an r} Opefatirig Agreement dated B~f Jaimary 15. 1990 4 - ./*...*. ....1,~ li~~0·.·.I ··..'- '.IC-vkl~h.l.· ~~ I ./ '..: ......: *.*Lk././... with the Estes Valley Recreation and Park District, Larimer County, Colorado (the "District") concerning the operation and maintenance of the {A} saftid; and WHEREAS, for the purpose of {A} iii*ihgdertlifiliff*fdyeifidhti tfi the golf course {A) mid '........ tli«lubliolEd, the Board of Trustees of the Town (the "Board") entered into a {A} Gibififd I22-8§8 U./WL......&-*I- -....t:*&.4/§5.aef?A.PAOLUR AgfeemE£it dated as of JaimEy 15; 1990, pursuant to which the Town{A} leased the {A} golf course {9 mill th€'clulihbuid to the Estes Park Building Authority (the "Authority"){A}; and <.hs*-?21*©%=, vv .Aa.-6.~-t,;4~vx>-c-4...: I WHEREAS, the Authority made certain improvements to the golf course alid tliE¢lubh258 #-jJW¥.>2·:i.....+..»2051;42%&;- (the "Improvements") {9, ad dhtetatiYito- a Gblf CkSUEEINse Agreement;date-d"ag of January: 15} „ «. ...2*la,-,<,3.h.,f>,~?~886:»a,. ~., -.-z-.,-0/4.1.*-1112*%.ta)34A.e.-2.. 1,920jt*".Pr.i*J~ejse"), plit-su#H.tit!*4 the Authority leased b *clf the golf course {A} and the clilbhbEe, together with the Improvements thbrafo (collectively referred to herein as the "Facility"), &12*®.5-9.2.„.261.» ..>.e.- - v, .„ v ' I - *~ .... to the Town; and #345402v5 I WHEREAS, the Authority financed the Improvements with funds obtained from the sale to the general public of Certificates of Participation{A} dated January 15, 1990 (the "Prior Certificates"), granting the holders thereof an interest in the payments made to the Authority by the City pursuant to the Priot Lease; and 1*F 6,1 x I WHEREAS, the Board has determined that it is necessary and in the best interests of the Town and its inhabitants to refund, pay, discharge and finance at a lower interest rate the Prior Certificates presently outstanding in the principal amount of $870,000{A};-Ed {9 WHEREAS, in connection with the refunding-oftlie Prior Certificatet theAuthority Will trAhsfeititlb to the"Inifirtivdinehts to thE Town; Eid the.ToWii-"Will Entet ifitd (i) an Amehded aild - '.I#: 7. -: Im0-4...#--*I# %:... - .-I/* ~'.I-/- I.: d R.dstated Ground Lease dated as of October 15, 1998 (th¢ "Giound Leake") With the-*thoritjqfor a term of 15 years, (ii) an Amended and Restated Golf Course Lease dated ds of October 15,·1998 (the "Lease") with the Authority, and (iii) an Amended ahd Restated Operating Agtddifibiittlatbd *as of October 15, 1998 (the "Operating Agreement") with th¢ District; and WHEREAS, pursuant to {9 an Amended and Restated Indenture of Trust dated aslof r k€wl· October 15, 1998{A} (the "Indenture") between the Authority{A} and , <AJ as trustee (the "Trustee"), refunding certificates of participation in the aggregate principal amount of {A} St.-TD..70-0 1 dated October 15, 1998 (the "Certificates") will be issued for the j»past-bfrefuffdiiig-tii€Ptibf (2*itifidittg {A}; and .....t»·.1~92.-t ..890.-4. WHEREAS, the obligation ofthe Town thereunder shall not constitute a general obligation or other indebtedness or a multiple fiscal year financial obligation of the Town, and shall be subject to the making of annual appropriations therefor in accordance with law; and WHEREAS, there has been presented to the Board the form of the Ground Lease {AM the Lease and the; Opefatihf A-graildht (collectively, the "Financing Documents"); and 3 #345402v5 ; WHEREAS, the Board desires to approve the form of the Financing Documents and authorize the execution thereof; THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Approvals. Authorizations. and Amendments. The forms of the Financing Documents are incorporated herein by reference and are hereby approved. The Town shall enter into and perform its obligations under the {A} Finaficiiig Do-Eifmatj in the form of such documents presented at this meeting, with only such changes as are not inconsistent herewith. The Mayor and Town Clerk are hereby authorized and directed to execute the {A} Fitifidihk Dotanent&, and to affix 4.-.-*7·2+A* -d*.WI- · 2,~I .p- the seal of the Town thereto, and further to execute and authenticate such other documents, instruments or certificates as are deemed necessary or desirable in connection therewith. The Financing Documents are to be executed in substantially the form hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. Copies of all of the Financing Documents shall be delivered, filed and recorded as provided therein. The execution ofany instrument, certificate, agreement or other document in connection with the matters referred to herein by the Mayor or by other appropriate officers of the Town herein authorized, shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms thereof. Section 2. Authorization of Authority and Trustee. The Town hereby consents to all actions to be taken by the Authority and the Trustee pursuant to 6f ift-¢6~YiE¢tibiWith the Financing »„,~,» 5442*¥131*att*2+0.'a.*1211c~..24„fw-G* Documents, including without limitation the issuance of the Certificates evidencing assignments of proportionate interests in rights to receive certain payments under the Lease, such Certificates to be issued in the aggregate principal amount of {A} $'·A=-3f~777 29, to bear interest as set forth in the Indenture at a net effective interest rate not exceeding % per annum, and to mature and be redeemable in accordance with the provisions of the Indenture. #345402v5 i Section 3. Finding of Public Interest. It is hereby determined that the execution of the {9 Fihancing Documbilts, and the performance by the Town of its obligations thereunder; are in the h«4¥.4.f*~•ae€%0. .4/1·-4*•54 ~.ti.·~IG•- best interests ofthe Town and its residents and taxpayers. The Board hereby determines and declares that the Base Rentals (as defined in the Lease) do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to terminate the Ground Lease and the Lease r} prior td-the""ekpitatioirdf tlib temi@ tliefebf. The Board hereby .... ···A.%~£:.-·.-JU** UN•41 4. ... - W..W.A>.k.4 ,.4.Uk..41.-rkA-I-:-+:. .C..:.#C22*.r™2 determines and declares that the period during which the Town has an option to terminate the Ground Lease and the Lease {A}(i.e., the maximum term of the Lease) does not exceed the useful life of the {A} Ii®fovaidhts. Section 4. Finding ofNo Indebtedness. No provision ofthis Ordinance or the Financing Documents shall be construed as creating or constituting a general obligation or other indebtedness ofthe Town nor a multiple fiscal year financial obligation, nor a mandatory charge or requirement against the Town in any ensuing budget year beyond the current budget year. The Town shall have no obligation to make any payment with respect to the Certificates except in connection with the payment ofthe Base Rentals (as defined in the Lease) and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Section 5. Lessee Representative. The Board hereby designates {A} the.' 'I»hi Admihigttator as its Authorized Officer, as defined and as further provided in the Lease. {A} Section 6. Authorization to Take All Action. The officers ofthe Town and the members of the Board of Trustees are hereby authorized and directed to take any and all other actions necessary or appropriate to effectuate the provisions ofthis Ordinance and the Financing Documents. Section 7. Ratification and Approval of Prior Actions. All actions heretofore taken by the officers of the District and members of the Board, not inconsistent with the provisions of this Ordinance, relating to the {A} refundingoftlid Prior Certifiatek Ed the Financing Documents, or actions to be taken in respect thereof, are hereby ratified, approved and confirmed. 5 #345402v5 8 Section 8. {A} Oualified Tax-Exempt Obligation {9 Designation. The Board hereby designates r} iti "obligatigh--10-*i#ke -#*filents-»der th# Le@f-*Ia "qualified tax-exempt {A} obligatidn" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Section 9. Ordinance Irrepealable. After the {A} Lease and the GFBmid Lease have been Aux,~&46&0. d(&**2 executed and delivered, this Ordinance shall be and remain irrepealable until the termination of the Lease Term, as defined in the Lease. Section 10. Repealer. All orders, bylaws{A} and resolutions ofthe Town, or parts thereof, inconsistent with this Ordinance, are hereby repealed to the extent only of such inconsistency. Section 11. Severability. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this {A} Ordinance, the intent being that the same are severable. Section 13. Recording and Authentication. Immediately on its passage this Ordinance shall be recorded in the Book of Ordinances of the Town kept for that purpose, authenticated by the signatures of the Mayor and Town Clerk, and shall be published in accordance with law. Section 14. Effective Date. {A} This Ordinance shall{A} take effect thirty (30) days after its adoption and publication. ADOPTED AND APPROVED {A} this day of ,1998. (SEAL) Mayor ATTESTED: Town Clerk 6 #345402v5 Thereupon Trustee {" 1 - + - , . moved that the ordinance be adopted. Trustee {A} -8-7-9072-'* 9 · « seconded the motion. The question being upon the adoption of the motion to adopt the ordinance, the roll was called with the following result: Those voting YES: Those voting NO: The presiding officer thereupon declared that at least a majority of the Board of Trustees having voted in favor thereof, the motion was carried and the ordinance adopted. Thereupon, after consideration of other matters to come before the Board, the meeting was adjourned. (S EAID Town Clerk - 7 #34540]v5 8 (Attach Affidavit of Publication of Ordinance No. ) - 8 #345402v5 ' STATE OF COLORADO ) COUNTY OF LARIMER ) TOWN OF ESTES PARK ) I, Vickie O'Connor, Town Clerk of the Town of Estes park, Larimer County, Colorado, do hereby certify that the foregoing pages numbered 1 to {9 8, inclusive, constitute a true and correct copy ofthe record ofproceedings ofthe Board of Trustees ofthe Town, taken at a regular meeting thereof, held at the Municipal Building, in Estes Park, Colorado, the regular meeting place of the Board, on Tuesday, , 1998, insofar as said proceedings relate to the adoption of Ordinance No. , therein set forth. The ordinance has been duly authenticated by the signature of the Mayor and myself, as Town Clerk, sealed with the corporate seal of the Town, and the ordinance recorded in the Book of Ordinances kept for that purpose in my office, and has been published in full in the Estes Park Trail Gazette, a newspaper of general circulation in the Town. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of the Town o f Estes Park, Colorado, this day of ,1998. (SEAL) Town Clerk - 9 #345402v5 I 09/04/1998 09:30 970-667-2527 GREG WHITE PAGE 02 . MEMORANDUM TO: Honorable Mayor Del[ker and Board of Trustees FROM: Greg White DATE: September 4, 1998 SUBJECT: Conference Center Agreements Background: In 1990, the Town and Rex Maughan, d/b/a Fofever Resorts, entered into a Service Agreement for operation of the Conference Center. Bond Counsel for EPURA has requested an amendment to the agreement reflecting cemin changes in Bond Law. In 1990 the Service Agreement was sepazated into two; a Service Agreement and a Food and Beverage Concession Agreement, at the request of Bond Counsel. Also, minor modifications to Ihe old Service Agreements were made in order to reflect the acrual operation ofthe conference cente:and concerns of Bond Counsel. Both Agreements are now one (1) year Agreements with the Town having the right to renew ar rhe end of each calendar year for the upcoming year. Budget/Cost: No Change. Recornrnendation: The Board of Trustees moves for the approval of the Service Agreement and the Food and Beverage Concession Agreement between the Town of Estes Park and Rex Maughan d/b/a Forever Resorts. •C Memorandum To: Honorable Mayor Dekker and Board of Trustees From: Special Events Department, Linda Hinze Date: 09/03/98 Re: Containment Ordinance 15-91 BACKGROUND: Adoption of guidelines to provide for sidewalk sales for the 8th Annual "Surprise Sale" sponsored by the Special Events Department. In the past seven years we have allowed the sale of merchandise on the sidewalks for two days only and have had only good results. The merchants have respected the times and guidelines (copy attached). BUDGET: Thereare no costs other than advertising for this event. RECOMMENDATION: I would recommend that this Resolution pertaining to the containment ordinance 15-91 be approved. 1 1- -6-