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HomeMy WebLinkAboutPACKET Town Board 2000-07-25Prepared 7/19/00 *REVISED: 7/21/00 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, July 25,2000 7:00 p.m. AGENDA Introduction and recognition of JEREMIAH HEATH AND SANDY LEAYCRAFT who are representing Estes Park in the U. S. Olympic Trials for swimming in Indianapolis. PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT CALENDAR: 1. Town Board Minutes dated July 11, 2000. 2. Bills. 3. Committee Minutes: A. Light & Power, July 13, 2000. 4. Resolution #17-00 Setting a Liquor Show Cause Hearing date of August 8,2000 for SAFEWAY STORE NO. 920,3.2% Retail Beer License, Off Premise. 2. ACTION ITEMS: 1. INTERGOVERNMENTAL AGREEMENT WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT PERTAINING TO THE YOUTH CENTER - APPROVAL. 2. ESTES PARK HOUSING AUTHORITY - PRESENTATION BY HOUSING CHAIRMAN DOYLEN. 1 Continued on reverse side 3. PUBLIC HEARING: NEW TAVERN LIQUOR LICENSE APPLICATION FILED BY SST BEAR LAKE LLC, dba MARY'S LAKE LODGE: A. Mayor - Open Public Hearing & Review Procedure B. Town Clerk - Present the Application & any applicable correspondence, and introduce Applicant. C. Public Testimony. D. Mayor - Close Public Hearing. E. Motion to Approve/Deny. *4. PUBLIC HEARING: CONSIDERATION OF TEXT AMENDMENTS FOR THE ESTES VALLEY DEVELOPMENT CODE - ORDINANCE #10-00. 5. PERMANENT COMMUNITY REINVESTMENT FUND - DISCUSSION OF PLACING ON NOVEMBER BALLOT. 6. ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, 2000 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 11 th day of July, 2000. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Gillette commended the Jaycees for their July 4~h Fireworks Display. Mayor Baudek called everyone's attention to the Fire Ban that remains in effect, and residents were praised for their cooperation in this matter. 1. CONSENT CALENDAR: 1. Town Board Minutes dated June 27,2000. 2. Bills. 3. Committee Minutes: A. Public Safety, July 6,2000. 4. Estes Valley Planning Commission, May 16 and June 20, 2000. 5. Estes Valley Board of Adjustment, June 6,2000. 6. Estes Park Housing Authority, June 14, 2000 7. Continue Public Hearing to July 25,2000 to consider Text Amendments to the Estes Valley Development Code. It was moved and seconded (Doylen/Newsom) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. 1999 AUDIT PRESENTATION - FINANCE OFFICER VAVRA AND DON GRUENLER/HIRATSUKA & SCHAUS, LLP. Finance Officer Vavra introduced Mr. Gruenler and together they presented the Annual Financial report for December 31,1999. The objectives and audit methodology, as well r I Board of Trustees - July 11, 2000 - Page 2 as graphs pertaining to revenues, expenditures and the like were reviewed. Mayor Baudek expressed the Board's appreciation for the report. 2. LIQUOR LICENSING: A. Stipulation Agreement with Tiny Town Texaco, Inc. - Approval. Staff negotiated a Stipulation Agreement with the Licensee for the Sale to an Underage Person, 1St offense. Gary Mitchell appeared on behalf of the Licensee. Mayor Baudek introduced the Findings and Order of Suspension, and it was moved and seconded (Habecker/Doylen) that (Findings) based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. (Order) The Authority hereby orders that the 3.2% Retail Beer License issued to Tiny Town Texaco, Inc., dba TINY TOWN 1 STOP, 860 Moraine Ave., Estes Park, CO, License No. 02-46528-0000 be and hereby is suspended for a period of 21 days, 7 days actual time served, with 14 days held in abeyance on the condition that no further violations occur within the one-year stipulation period beginning July 11, 2000, plus mandatory T.I.P.S. training within 90 days of the Stipulation Period. Said suspension to take place from 12:01 a.m. Sunday, July 16, 2000 through 11:59 p.m. Saturday, July 22,2000. The motion passed unanimously. B. Show Cause Hearing for Ahmed I. Zaina, BEAVER POINT QUICK STOP GROCERY. Prosecuting Attorney Jerome Roselle advised that the Licensee, Ahmed Zaina has acknowledged the violation of Sale to a Minor and plead guilty, thus there would be no presentation of facts. Mr. Zaina appeared reporting that his employee had attended T. I.P.S. training and as she again failed to check ID's, she has since left his employ. Responding to Town Attorney White, Mr. Zaina stated that "yes, he does admit guilt." Seeking a recommendation from staff, Deputy Police Chief Filsinger suggested the previous 20 days held in abeyance from the previous Stipulation Agreement dated 7/27/99 be served, and the 2nd offense within one year carry a suspension of 30 days, for a total of 50 consecutive days of suspension. Said suspension to begin July 16, 2000. Clarification followed on the Police Department's Compliance Check Procedure relative to the confidential information. Trustee Barker commented that the Town Board and Police Department take liquor licensing very seriously, urging the Applicant to adhere to all State Liquor Code Regulations, adding that the Town Board does have the authority to revoke liquor licenses. It was moved and seconded (Newsom/Jeffrey) the Authority orders the 3.2% Retail Beer License issued to Ahmed I. Zaina, dba BEAVER POINT QUICK STOP GROCERY, 911 Moraine Ave., Estes Park, CO, License No. 03-46629-0000 be and hereby is suspended for a period of 50 consecutive days. Said suspension to take place from 12:01 a.m. Sunday, July 16, 2000 through 11:59 p.m. Sunday, September 3,2000, and it passed unanimously. C. Transfer of Ownership Application filed by Rocky Mountain Park Inn, LLC, dba ROCKY MOUNTAIN PARK HOLIDAY INN. Clerk O'Connor advised that this license was previously held by Rex Maughan, as an 'Individual." Mr. Maughan has formed a limited liability company and the Liquor Code requires a transfer of ownership even though the person involved remains the same. The application was filed June 9,2000, and concerning T.I.P.S. Training, Lori Case, the Holiday Inn's Food and Beverage Director, also serves as the Certified T. I.P. S. Trainer in the Board of Trustees - July 11, 2000 - Page 3 Estes Park area. It was moved and seconded (Doylen/Gillette) The Transfer of Ownership for a Hotel and Restaurant Liquor License to Rocky Mountain Park Inn, LLC be approved, and it passed unanimously. D. Transfer of Ownership Application filed by Sang H. and Inja K. Park, dba MOUNTAIN DEW LIQUOR. Clerk O'Connor advised that the application was filed June 16, 2000, adding that confirmation has been received regarding T. I.P.S. training from the Korean Retail Liquor Assn. of CO. The license was previously held by Joseph and Diane Kollias and is being transferred to Sang H. & Mary InJa Park. Mr. Kollias introduced Mr. and Mrs. Park who and provided their extensive background. It was moved and seconded (Gillette/Barker) the Transfer of Ownership for a Retail Liquor Store License to Sang H. & Mary InJa Park be approved, and it passed unanimously. Insert Barker macro. Welcomed to Estes Park. 3. PUBLIC HEARING: AMENDED PLAT OF LOT 2 AND A PORTION OF LOT 3, ROCK RIDGE ESTATES, SCOTT POPE/APPLICANT - CONTINUE TO AUGUST 8,2000. It was moved and seconded (Gillette/Doylen) the public hearing be continued to August 8,2000, and it passed unanimously. 4. PUBLIC HEARING: AMENDED PLAT OF LOTS 4 AND 5, ELK HOLLOW SUBDIVISION, RICHARD DeLONG/APPLICANT. Mayor Baudek opened the Public Hearing and Community Development Director Stamey presented the Staff Report: the site is currently platted as two separate lots under the same ownership. One of the lots is developed with a single-family residence, the other is vacant, and the applicant is proposing to combine the two lots into a single lot of record. The land use is consistent with the existing and planned conditions of the neighborhood. Trustee Habecker declared a conflict of interest and stated he would not participate in discussion nor vote. As there was no public testimony, Mayor Baudek closed the public hearing. It was moved and seconded (Newsom/Gillette) the Amended Plat of Lots 4 and 5, Elk Hollow Subdivision be approved, and it passed with Trustee Habecker Abstaining. 5. PUBLIC HEARING: PRELIMINARY PLAT OF PAWNEE MEADOW, SECOND FILING, PAWNEE MEADOW, LLC/APPLICANT. Mayor Baudek opened the Public Hearing and Director Stamey presented the Staff Report: the preliminary plat proposes to divide a 4.8 acre tract into 4 single-family residential lots; zoning is E-1; the Second Filing Final Plat will include Lots 4 & 5 of the 1St Filing and the 4.8 acres included on this preliminary plat. This will provide the required public street cul-de-sac access; the second filing will also provide for construction of Pawnee Dr. to the west to connect to , Cherokee Dr. The Planning Commission forwarded conditional approval. Public testimony was heard from Teddy Haines, 2037 S. St. Vrain, who addressed a note on the plat pertaining to an easement-at this time, she nor her husband have any intention of abandoning the existing easement and it could be misleading to potential buyers that they might. When Pawnee Dr. has bee installed, they would be willing to execute a quit claim deed. Town Attorney White stated that in the Final Plat, staff will ensure that the note accurately reflects the easement. There being no further public testimony, Mayor Baudek closed the public hearing. It was moved and seconded (Habecker/Gillette) the Preliminary Plat of Pawnee Meadow, Second Filing be approved subject to the three conditions recommended by the Planning Commission as identified in the staff report dated 7/6/00, and it passed unanimously. Board of Trustees - July 11, 2000 - Page 4 6. PUBLIC HEARING: PRELIMINARY PLAT OF MARY'S LAKE SUBDIVISION, FRANK THEIS, JAMES TAWNEY AND JOAN VAN HORN/APPLICANTS. Mayor Baudek opened the Public Hearing, and Director Stamey presented the Staff Report: the proposal is for a five-lot, 40.1-acre mixed-use subdivision. Currently, the only proposed use is the existing Mary's Lake Lodge, which is being remodeled. The remainder of the subdivision is to remain vacant. Future land uses will be submitted for review separately, and are anticipated to include accommodations, residential, and church uses. The property is currently zoned a combination of A- Accommodation and A-1 Accommodation. The plat will adjust the lot lines among the five lots. The existing zoning will also move with this lot line adjustment. The applicant has submitted a development plan and discussion for development of a church has begun. The proposed Kiowa Dr. will form a loop road through the subdivision, with improvements triggered by development patterns, as set forth in the Annexation Agreement. There was no public testimony, thus Mayor Baudek closed the public hearing. It was moved and seconded (Newsom/Gillette) the Preliminary Plat of Mary's Lake Subdivision be approved subject to the four conditions recommended by the Planning Commission as identified in the staff report dated 7/6/00, and it passed unanimously. Town Administrator Widmer reported that Sales Tax Revenues for May are up 9.5% from 1999; year-to-date is up 7.1 %. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 8:05 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk . BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 13, 2000 Minutes of a Regular meeting of the LIGHT & POWER COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on 13th day of July, 2000. Committee: Chairman Jeffrey, Trustees Habecker and Newsom Attending: Chairman Jeffrey, Trustees Habecker and Newsom Also Attending: Town Administrator Widmer, Light & Power Director Matzke, Clerk O'Connor Absent None Chairman Jeffrey called the meeting to order at 8:00 a.m. 1. FORMER ESTES SUBSTATION TRANSFORMERS - APPROVAL OF SALVAGE PROPOSAL. Letters soliciting the purchase and removal of the transformers from the old Estes Substation were issued. The proposal specified that the successful bidder would provide disassembly of accessories and components, removal of oil, and loading and transportation of the transformers. Three bidders responded, with staff recommending approval of the price submitted by U. S. Transformer for $25,000 for both units. The Committee recommends approval of the U. S. Transformer Proposal for $25,000, as presented. Photos documenting the history of this substation were displayed. 2. WIND ENERGY PROGRAM - PARTICIPATION BY TOWN. The Town Board previously approved participation in PRPA's Wind Energy Project (renewable energy) and agreed to purchase the output of one-quarter of a new 660 kW unit. The Town's commitment to PRPA amounts to 400 blocks or approximately $12,000 annually. Methodology used in the calculations was clarified, and the Town, by this purchase recommendation, is assuming a leadership role for the Estes Park community. Staff is recommending the Town reserve 50 blocks of wind energy for use by a Town-owned facility. Fifty blocks represent roughly 10% of the electrical requirements of the Municipal Building. Discussion followed, with the Committee recommends the Town reserve 100 blocks of wind energy for use by a Town-owned facility. For the record, Trustee Habecker jointed the committee at this time. 3. REPORTS. Platte River Power Authority. A new peak of 459 megawatts was established by the four member cities in July. This peak was within PRPA's projections. Financial Report. The June Income Statement and associated graphs were reviewed. Sales are approximately 1 % behind the same time period in 1999. Project Updates. Fall River Hydro Restoration Proiect. Staff members Mangelsen and Kilsdonk reported the Notice to Proceed to R. C. Health Const. has been issued and restoration is underway. Completion of the project is BRADFORIPUSLISHINGCO RECORD OF PROCEEDINGS Light and Power Committee - July 13, 2000 - Page 2 expected the end of October, 2000. A formal Ground Breaking Ceremony at the site has been planned for Tuesday, July 18~h at 2:00 p.m. All were invited to attend. Data Pac Equipment - Meter Dept. The Data Pac automatic meter reading equipment has been received, and the Meter Dept. has done an outstanding job in getting the equipment on-line. A thorough report will be presented during the August Committee meeting. Utility Bill Statement. Although staff has received a few negative comments on the new statement format, the majority of customers appreciate the additional information being provided. Mall Road. All cable has been installed. When electric service has been converted by an electrician, the overhead lines will be removed. There being no further business, Chairman Jeffrey adjourned the meeting at 8:29 a.m. Tl_, o. UhAA Vickie O'Connor, CMC, Town Clerk RESOLUTION #17-00 WHEREAS, a complaint by the Estes Park Police Department was presented to the Trustees of the Town of Estes Park on July 25, 2000 charging Safeway Stores 46, Inc., dba SAFEWAY STORE NO. 920, 3.2% Retail Beer License, Off Premise, Liquor License #21-70664-0038 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause to believe that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board believes it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violations presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-474301, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place on Tuesday, August 8, 2000 at 7:00 p.m. in the Board Room of the Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: Safeway Stores 46, Inc. SAFEWAY STORE NO. 920 (451 E. Wonderview Ave.) P. O. Box 5927 T.A. Denver, CO 80217 INTRODUCED, READ AND PASSED THIS DAY OF ,20 TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Baudek and Board of Trustees From: Rich Widmer ' Town Admi~trator Date: July 20,2060 Re: Youth Center Intergovernmental Agreement BACKGROUND: In 1995, the Town, the Park R.-3 School District, and the Estes Valley Recreation and Park District entered into an Intergovernmental Agreement (I(PO for construction and operation of the Youth Center. The agreement expired June 9,2000. A new agreement has been written between the Town and the Recreation District covering continued operation of the Youth Center. The provisions in the IGA are basically the same as in the original agreement. The Recreation District is responsible for all operation costs o f the Youth Center. The Town agrees to provide insurance for the building. Either party can terminate the agreement at the end of any calendar year. The IGA also covers disposition ofthe assets in case of termination ofthe agreement or destruction ofthe Youth Center building by fire. The EVRPD approved the agreement on July 18,2000. BUDGET/COST: Town costs ofproviding the building insurance are budgeted. No change in cost due to this agreement is anticipated RECOMMENDATION: Staff recommends approval ofthe Intergovernmental Agreement between the Recreation District and the Town for the continued operation of the Youth Center. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, effective the 9th day of June, 2000, between the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, hereinafter referred to as (the "Town"), and THE ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter referred to (the "Recreation District"). WHEREAS, the parties, along with the Park School District, No. R-3, entered into an Intergovernmental Agreement effective June 9, 1995, for the purpose of constructing and operating a youth center for the youth of the Estes Park area; and WHEREAS, the Youth Center was built and has been operated pursuant to the terms of that Intergovernmental Agreement; and WHEREAS, the Town and the Recreation District have agreed to enter into this Intergovernmental Agreement for the purpose of operating the Youth Center in the future; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties are authorized to enter into this Intergovernmental Agreement for the above stated purposes. NOW THEREFORE IN CONSIDERATION OF THE FOREGOING THE TOWN AND THE RECREATION DISTRICT AGREE AS FOLLOWS: 1. The Recreation District shall be responsible for all costs of operation of the Youth Center. Said operational responsibilities shall include, but not be limited to the following: A. The Recreation District shall be responsible for the operation, maintenance and repair of the Youth Center including, but not limited to, cleaning, janitorial service, trash removal, major and minor repair and maintenance of the buildings and the various mechanical systems, such as the heating and air conditioning. B. The Recreation District shall provide all necessary security for the Youth Center. C. The Recreation District shall be responsible for payment of all necessary utility charges in connection with the operation and maintenance of the Youth Center. D. The Recreation District shall hire the necessary personnel to fulfill the operational requirements of the Youth Center. Such personnel shall be hired and employed by the Recreation District, except that the Recreation District may employ, in its discretion, independent contractors to perforrn services required by the Recreation District. The Recreation District shall pay all applicable sales and use taxes, employment compensation, workers' compensation, employee's federal and state withholding, and FICA taxes that become due in connection with the operation of the Youth Center, during the during the term of this Agreement. 2. The Town and the Recreation District shall provide the following insurance coverages: A. Recreation District - Public Liability Insurance. The Recreation District shall obtain Public Liability Insurance in respect to the activities to be taken by the Recreation District in connection with the operation of the Youth Center, in an amount not less than the limitations provided by the Colorado Governmental Immunity Act. This insurance may be by blanket insurance policy or policies. If the Recreation District shall insure against similar risks by self-insurance, the Recreation District, at its election, may provide for Public Liability Insurance in respect to the Youth Center, partially or wholly by means of an adequate self-insurance fund. The Town shall be an additional insured on this policy. B. Town - Casualty and Property Damage Insurance. The Town shall carry Casualty and Property Damage Insurance in an amount equal to the full appraised replacement value of the Youth Center, or the full insurable value of the Youth Center, whichever is less. The Town, at its election, may provide for property and casualty insurance with respect to the Youth Center, partially or wholly by means of an adequate self-insurance fund. The Recreation District shall be named as an additional insured on this policy. 2 C. Recreation District - Workers' Compensation Insurance. The Recreation District shall maintain workers' compensation insurance coverage during the term of this Agreement for all employees of the Recreation District used in connection with the activities and operations of the Recreation District at the Youth Center. Also, the Recreation District shall require that all independent contractors providing any labor or services for the Youth Center maintain workers' compensation insurance coverage. The parties to this Agreement understand and agree that the parties are relying on, and do not waive or intend to waive, by any provisions of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. 3. Term of the Agreement. The term of this Agreement shall be for five (5) years beginning on June 9,2000. 4. Damage, Destruction, Condemnation. If during the term of this Agreement, (i) the Youth Center or any portion thereof, is damaged or rendered unusable by fire or other casualty; (ii) title to or temporary or permanent use of the Youth Center or any portion thereof shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm, or corporation acting under governmental authority; or (iii) a material defect in the construction becomes apparent; or (iv) title to or the use of any or all portions of the Youth Center is lost by reason of a defect in title thereto; the parties may terminate this Agreement. In the event of destruction or damage, the parties may agree to repair, replace, or restore the Youth Center, and if such agreement is made, the net proceeds from any insurance claim shall be applied to the prompt replacement, repair or restoration of the Youth Center. If the net proceeds are insufficient to pay the full cost of such replacement, repair or restoration, the parties may repair, replace or restore the Youth Center pursuant to a further agreement by the parties. If the parties determine not to repair, replace or restore the Youth Center, the net proceeds from any 3 insurance claim shall be applied to returning the site to its pre-construction condition or to a condition as agreed by the parties. Any net proceeds remaining after repair, replacement or restoration of the Youth Center or termination of this Agreement shall be the property of the Town. 5. Termination by the Parties for Default. Any party shall have the Option of terminating this Agreement in the event of default by the other party to the terms and conditions of this Agreement. The non-defaulting party shall give written notice of the default, specifying the nature of the default and giving said party thirty (30) days to cure the same. In the event that said default is not cured within said thirty (30) day period, the non-defaulting party shall be entitled to all damages incurred by reason of said default, including, but not limited to all reasonable attorneys' fees, expert witness fees and court costs incurred by the non-defaulting party. Where a party elects to terminate this Agreement following the giving of notice and failure to cure, termination is effective upon the giving of written notice to the defaulting party. 6. Annual Right to Terminate. Either party shall have the option of terminating its participation in this Agreement by giving written notice to the other party on or before December 1 of each calendar year. Said termination shall be effective as of December 31 of said year. In the event of said termination, the terminating party shall have no obligation of any kind as of the effective date of termination. 7. Disbursement of Assets. Upon termination of this Agreement, for whatever cause, and if the parties cannot agree on the future operation of the Youth Center and/or the disposition of the Youth Center assets including, but not limited to the building and the other assets within the structure, the Town shall sell the building at either public or private sale, the terms of which shall be in the sole discretion of the~ Town. The proceeds from such sale shall be used first to cover the cost of the sale, then to cover the restoration of the Property to its condition prior to construction of the Youth Center and all remaining proceeds shall be the property of the Town. Ownership of any assets within the structure shall revert to the owner of the same upon termination of this Agreement. In the event the owner of the asset cannot be determined, the Town shall have the right to said asset and may dispose of the same as the Town determines. 4 8. Relationship of the Parties. The Recreation District is not an agent or employee of the Town. The Town is not an agent or employee of the Recreation District.' 9. Indemnification by the Recreation District. To the extent permitted by law, the Recreation District agrees to indemnify, hold harmless and defend the Town, its officers, agents and employees, from and against allliability for any and all claims, liens, suits, demands or action for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the Recreation District's intentional or negligent actions and/or omissions in the operation and maintenance of the Youth Center under the terms and conditions of this Agreement. 10. Indemnification by the Town. To the extent permitted by law, the Town agrees to indemnify, hold harmless and defend the Recreation District, and its officers, agents and employees, from and against allliability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the Town's intentional or negligent actions and/or omissions in the construction of the Youth Center under the terms and conditions of this Agreement. 11. Notice of Claim. The Town and the Recreation District will provide each other with prompt notice of any event covered by the indemnity section of this Agreement and in the event of a claim or action which is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 12. Notices. All notices, demands or other documents required or desired to be given, made or sent to the parties under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested as follows: 5 TOWN OF ESTES PARK Town of Estes Park Attn. Town Administrator Post Office Box 1200 Estes Park, CO 80517 ESTES VALLEY RECREATION AND PARK DISTRICT Executive Director Post Office Box 1379 Estes Park, CO 80517 13. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 14. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Colorado and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 15. Attorneys' Fees. In the event either of the parties to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the terms and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all reasonable attorneys fees, court costs, and reasonable expert witness fees incurred as a result of such proceedings. 16. Parties Bound. This Agreement shall bind the respective successors and assigns of the parties hereto. 17. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6 18. Assignment. This Agreement may not be assigned by either party hereto without the written consent of the other party. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ESTES VALLEY RECREATION AND PARK DISTRICT By: 401 41,~,0-•d' Presidentic9f the Board of Directors ATTEST: 10»L Secretary(~gr thi(~oard 1 July 2000 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE MAYOR. The next order of business will be the public hearing on the application of SST Bear Lake LLC, dba MARY'S LAKE LODGE, for a New Tavern Liquor License located at 2625 Mary's Lake Rd. 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. This public hearing will be conducted in the following manner: 0 The applicant will be allowed to state his case and present any evidence he wishes to support his application. o The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. o The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 0 The opponents will be allowed a rebuttal which may only rebut the evidence of the applicants. No new evidence may be offered. O The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. TOWN CLERK. Will present the application and confirm the following: O The application was filed June 15, 2000. 0 At a meeting of the Board of Trustees on June 27,2000, the public hearing was set for 7:00 p.m. on Tuesday, July 25,2000. 0 The neighborhood boundaries for the purpose of this application and hearing were established to be 4.66 miles. D The Town has received all necessary fees and hearing costs. O The applicant is filing as a Limited Liability Corporation. O The properly is zoned A-Accommodations which allows this type of business as a permitted use. 0 The notice of hearing was published on July 14, 2000. 0 The premises was posted on July 12, 2000. 0 There is a police report with regard to the investigation of the applicant. O Status of T.I.P.S. Training: Unscheduled Scheduled X Completed (Date: 7/10/00 ) O There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. MAYOR. 0 Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. 0 Indicate that all evidence presented will be accepted as part of the record. 0 Ask the Board if they have any further comments or questions. 0 Declare the public hearing closed. 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. MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees Frorn: Stephen L. Stamey, AICP, Director, Community Development I)ate: July 25, 2000 Subject: Estes Valley Development Code Amendments Background: After working with the new Estes Valley Development Code (EVDC) for a couple of months, staff discovered some areas that need correction or modification, including regulation of outdoor sales as a principal use and correcting the use regulations table to identify that short term rentals are permitted in the unincorporated portion of the Estes Valley. Outdoor Sales At this time, the EVDC covers outdoor sales as an accessory use or a temporary use. In order to provide for, and regulate, outdoor sales as a principal use, standards should be added to the EVDC. Specifically: • Table 4-4 (Permitted Uses: Nonresidential Zoning Districts) should include "Outdoor Sales" as a use classification in the "CO" Outlying Commercial, "CH" Heavy Commercial, and "I-1" Restricted Industrial Districts. • Section 7.13, which provides general development standards for outdoor storage areas, activities and mechanical equipment, should be modified to include outdoor sales. • Add definition of outdoor sales to Chapter 13 (Definitions). Short Term Rentals In addition, Table 5-1 "Accessory Uses" currently indicates short term rentals are . "permitted as an accessory to any residential use in a residential zoning district located within the Town of Estes Park." It is recommended: Table 5-1 be corrected to include unincorporated Estes Valley, to be consistent with the adopted provision. Upon suggestion of the Community Development Department, the Estes Valley Planning Commission initiated action on code modifications at the regularly scheduled April public hearing. Staff prepared modifications, and presented results to the Planning Commission at their regularly scheduled May public hearing. After staff presentation, public comment, and Commission discussion, the Planning Commission voted unanimously to modify Table 4-4, Section 7.13, and Chapter 13 of the Estes Valley Development Code to permit Outdoor Sales as a specific permitted use in the "CO", "CH", and "I-1" districts and to correct Table 5-1 to allow short term rentals throughout the Estes Valley. Budget/Cost: Not Applicable Recommendation: Approval. Based upon practical use of the recently adopted EVDC and the recognized need for correction, the Estes Valley Planning Commission recommends: 1. Approval of the addition of the use regulations for outdoor sales, Table 4-4, Section 7.13, and Chapter 13 (EVDC). 2. Approval of the correction of Table 5.1, Accessory Uses (EVDC), identifying that short term rentals are permitted in the Estes Valley. On June 19, 2000, the Larimer County Board of County Commissioners adopted these amendments. Attachments: Minutes, Estes Valley Planning Commission meeting, May 16, 2000. Ordinance amending the EVDC, as reviewed above. Minutes, Larimer County Board of County Commissioners, June 19, 2000. .....0/0/U/61/HIN/co. RECORD OF PROCEEDINGS Estes Valley Planning Commission - May 16, 2000 ' Page 2 It was moved and seconded (McKinney/Amos) that Development Plan 00-06, Location & Extent Review, Fall River Hydroelectric Plant Renovation, be approved with the following conditions, and it passed unanimously. 1. The vested rights statement and related signature blocks should be added to the Development Plan sheet. 2. The proposed employee-housing cottage should have one parking space located next to it. 3. A flood plain development permit should be obtained priorto working inthe river channel. 4. Any outside trash storage should be secured against bears. 5. The Owner should be responsible for erosion control as required to prevent the discharges of erosion of soil or fill material into the river. 6. Mitigation study and removal of noxious weeds should be included in those areas where revegetation is planned. Chair Pohl welcomed David Shirk as the new Planner 11 to the Planning Staff. 3. EVDC MODIFICATIONS Chair Pohl opened the Public Hearing regarding the EVDC modifications at 2:00 p.m. Director Stamey reviewed the modifications and noted that some would be continued to next month. 1. Vacation Rentals - Table 5-1 will be corrected to reflect the adopted intent of the Boards. Action recommended. 2. Junk violations enforcement should be added to the Code. The County regulation is included in their Code, but they have just revised their regulations and definition. After a review of the County revision, a proposed change will be recommended. Continue. 3. The legal lot definition will also be revised. Continue. 4. Outdoor storage and sales activities are explained in more detail in Section 7.13 and in Definitions Section 13.2 (33.5). Also a line item of 'Outdoor Sales" should be added to Table 4-4. Action recommended. 5. Accessory Buildings should be further reviewed and additional infonnation will be presented. Recent inquiries have revealed the need for clarification in the Code. Continue. 6. A proposed Add-On Agreement provision will be submitted. Continue. Public Comment: Judy Lamy - requested a copy of the proposed changes. A corrected copy of Table 5-1 was reviewed. The correction is necessary to coincide with the approved regulation to allow short-term rentals in the County portion of the Planning Area. Copy attached. It was moved and seconded (Amos/Kitchen) to recommend tothe Boardsthe correction of Table 5-1 (Vacation Rentals) and it passed unanimously. The Commission reviewed a proposed change regarding outdoorsales, prepared by Town Attorney White. Copy attached. Director Stamey summarized the need for clarification in dealing with outdoor sales. The current Code covers outdoor sales only as an accessory use or a temporary use. To deal with outdoorsales as a primary use, Table 4-4 needs to be modified adding outdoorsales as a primary use; Section 7.13 needs additional language; and the definition of "outdoorsales" needs to be added to Chapter 13. The Commissioners requested that outdoor ...0/0.0......ING.0. RECORD OF PROCEEDINGS Estes Valley Planning Commission - May 16, 2000 Page 3 sales should be permitted in C-O district only by Special Review. Public Comment: Larry Gamble - commented on the need for parking. Town Attorney White noted that the definition of outdoor sales needs to include 'any sales under a permanent canopy." Commissioner Amos requested that staff complete their reports prior to making their presentation to the Commission. There being no further public comments, Chair Pohl closed the public hearing. It was moved and seconded (Amos/Pettyjohn) to recommend to the Boards the revisions to Table 4-4, Section 7.13 and Chapter 13 regarding Outdoor Sales and it passed unanimously. Junk Enforcement - Chief Planner Legg updated the Commission on the changes adopted by the Board of County Commissioners the previous evening regarding junk regulations. Add-On Agreement and Boundary Line Adjustment - Paul Kochevar from Estes Park Sun/eyors spoke in favor of the Add-On Agreement provision which is currently in use by the County. The current Code could be simplified by using the County procedures. County does not allow this procedure in a recorded subdivision and only applies to metes and bounds properties. Staff will provide appropriate language for consideration to add this provision to the Code. Modifications to the current Boundary Line Adjustment process may also be recommended. Accessory Buildings - Senior Planner Joseph reported on staff research thus far. The old Town Code limited garage space to a 3-car garage. The new Code limits total garage space to 1,000 square feet. Staff suggests revising this provision to consider a combined total of square footage in relation to the size of the lot or size of the structure. Detached accessory living quarters are not included in this discussion. Some other Codes in the area are as follows: A) Fort Collins sets a total of 2,500 square feet. B) Jefferson County sets 1,000 square feet for garages only like the current Code. C) Steamboat Springs sets limits to 10% of the floor area of the principal use or structure (excluding garage space). D) Larimer County uses a percentage of coverage. Town Attorney White urged the Commissioners to focus on the size and not the use. Use limitations would be difficult to interpret. Commissioners suggested limiting the smallerlot zonings to a percentage of the dwelling and the larger lot zonings to a percentage of lot sizes. Staff will prepare a formal proposal. Commissioner Amos left the meeting at 2:40 p.m. 3. REPORTS There were no other reports. June 19,2000 This is a request to add a piece of a metes and bounds parcel that lies along the Lot's eastern boundary so that the owners of 12A will have lake access property. Staff recommendation is to approve the proposed Amended Plat of Lot 12A, Amended Plat of Lots 9, 10, 11, 12 of Vista Bonita Acres, File #00-S1578 with one condition: The applicant must address and resolve the issues that have been raised by the Larimer County Building Department. MOTION Commissioner Rennels moved that the Board of County Commissioners approve Mary's Lake Estates Release of Warranty Collateral #95-MS0743; Overland Valley MRD Amended Plat #00-S1579; Owassa Lake Subdivision Lots 22 and 23 block 26 Amended Plat and Easement Vacation #00-S1577; and Vista Bonita Acres Lot 12A Amended Plat #00-S1578 as presented and outlined above. Motion carried 3 - 0. At this time Chair Olson stated that the order of the agenda would be amended to hear items 6-andZ..b ,-,-- - 6. ESTES PARK CODE AMENDMENTS 1 L This is a request to modify the Estes Valley Development Code to 1) Provide for "Outdoor Sales" as a specific permitted use in the "CO", "CH", and '7-1" Districts; and 2) to correct Table 5.1 (Accessory Uses) to make it consistent with the adopted provision to allow for short-term rentals throughout the Estes Valley. Staff findings are that these modifications are consistent with the Estes Valley comprehensive Plan and the intent and purposes of the Estes Valley Development Code (EVDC). The EVDC provides for outdoor sales as an accessory use or a temporary use. In order to address outdoor sales as a principal use, certain modifications to the Code should be made. Short-term rentals are "permitted as an accessory to any residential use in a residential zoning district located within the Town of Estes Park". It is recommended this table be corrected to include unincorporated Estes Valley, to reflect the adopted provisions. Staff recommendations is 1) approval of the addition of the use regulations for outdoor sales, Table 4-4, Section 7.13, and Chapter 13 (EVDC); and 2) approval of the correction of Table 5.1, Accessory Uses (EVDC), identifying that short term rentals are permitted in the Estes Valley. Mr. Stamey introduced David Shirk, the newly hired Planner in Estes Park that will coordinate with County staff regarding development review in the Estes Valley. Commissioner Disney stated that the current coordination between the two staffs is greatly appreciated. MOTION Commissioner Disney moved that the Board of County Commissioners approve the Estes Park Code Amendments as presented. 3 June 19,2000 Motion carried 3 - 0. 7. KESSLER ZONING VIOLATION Ms. DeLude noted that Mr. Kessler is out of town and asked to the Board to table this item to July 17, 2000 at 3:00 p.m. when Mr. Kessler could be present. MOTION Commissioner Rennels moved that the Board of County Commissioners table the Kessler Zoning Violation until July 17,2000 at 3:00 p.m. in the Commissioner's Hearing Room. Motion carried 3 - 0. 5. WARSON LEGAL LOT APPEAL: 11 & 12 - 07 - 70; ABOUT 3/4 MILE WEST OF SOLDIER CANYON COVE AT HORSETOOTH LAKE, JUST SOUTH OF SOLDIER CANYON ESTATES. This item was tabled from May 22,2000: At this time Commissioner Rennels disclosed that Dr. Warson had treated her approximately 10 years ago for a period o f one year; and did not feel, in anyway, that would affect her ability to render a fair decision regarding this appeal. Chair Olson noted for the record that she had reviewed the materials and video of the May 22,2000 hearing, and the Board is now in the discussion phase of this item. Public comment was closed before adjournment of the May 22 hearing. Therefore, review of materials submitted at this hearing would require a formal motion by the Board to reopen public comment, if the Board felt additional information is needed abdve and beyond what staff was directed to research at the close of the May 22 hearing. This is a request to appeal the Planning Director's decision that a parcel is not a legal lot. Staff findings include 1) The applicant has not shown by a preponderance of the evidence, that the decision to deny legal lot status from the Planning Director is in error, or that it is inconsistent with the intent and purpose of the Land Use Code. This is required to reverse the decision of the Planning Director. Therefore, the request to grant 9 legal lot status does not satisfy the requirements found in Section 22.2 of the Land Use Code, for approval of appeals to the Board of County Commissioners; 2. A previous proposal to create additional lots at the site was deemed to be out of harmony with the surrounding neighborhood by a vote of the Board of County Commissioners (BCC); 3. The applicant has not demonstrated they will suffer unrecoverable losses, because the log home does not have to be built on the subject parcel. The applicant can place it on another lot, or it can be resold; 4. The proposal is not supported by the various review agencies including those noted above; 5: Neither the applicant, nor any of their representatives, took all reasonable steps available to detennine the status o f the parcel or to obtain building permits before beginning customization of the log home materials. 4 ORDINANCE NO. | 0 -08 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE WHEREAS, the Estes Valley Planning Commission has recommended to the Board of Trustees and the Board of County Commissioners, Larimer County, Colorado that the following amendments be made to the Estes Valley Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Table 5-1, Accessory Uses Structures Permitted in the Residential Zoning Districts-Nightly Rentals shall be amended as follows: A. Table 5-1: Permitted Uses: Residential Zoning Districts. Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning Districts 'HYes " = Permitted Additional Accessory Uses Requirements "No" = Not Permitted RE-1 RE E-1 IE R R-1 It-2 RM Nightly Rentals YES YES YES YES YES YES YES YES §5.2 B.2.g. Section 2: Table 4-4, Permitted Uses: Non-Residential Zoning District shall be amended by the addition of the following category in the Commercial/Retail Uses portion of the Table. D , A. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Nonresidential Zoning Districts "P. = Permitted by Right "S" = Permitted by Special Review Additional Regulations "-" = Prohibited (Apply in All Districts Use Classification Specific use A A-1 CD CO O CH I-1 Unless Otherwise Stated) COMMERCIAURETAIL USES •Section 5.1.L and Section Outdoor Sales - _ _ S _ p p 7.13 Section 3: Section 7.13 shall be amended as follows: 7.13 OUTDOOR STORAGE AREAS, SALES, ACTIVITIES AND MECHANICAL EQUIPMENT A. Applicability. This Section shall apply to all new development subject to this Code. B. Standards. 1. Areas for truck parking and loading shall be screened by a combination of structures and evergreen landscaping to minimize visibility from adjacent streets and property lines. 2. Areas for outdoor storage, trash collection or compaction, loading or other such uses shall be located in the rear of the lot. If that is not feasible, then the side yard can be used but in no case shall areas be located within twenty (20) feet of any public street, public sidewalk or internal pedestrian way. 3. Outdoor storage, HVAC equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design of the building and the landscaping plan. Views of these areas shall be screened from visibility from all property lines and separated from pedestrian areas. 4. Conduit, meters, vents and other equipment attached to the building or protruding from the roof shall be screened, covered or painted to minimize visual impacts. 5. Nonenclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls or fences. Materials, colors and design of screening walls or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building. This subparagraph shall not apply to temporary seasonal sales uses that have valid temporary use permits as set forth in Section 5.3 of this Code. 6. The following shall apply to outdoor sales: a. The sales and storage area shall be permanently defined and screened with walls or fences. b. The sales and storage area including all area within the defining walls or fences shall be limited to 25 percent of the gross area of the Lot. c. Any covering over the sales area shall be of a permanent nature. Tents, canopies, and tarps shall not be permitted. d. Setbacks for any sales and/or storage area shall be the same as required for buildings. e. Sanitation facilities shall be provided. £ Required parking shall be provided in accordance with Section 7.11 of this Code. Section 4: Section 13.2 Use Classifications/Specific Use and Definition and Examples shall be amended by the addition of the following section: 33.5 Outdoor Sales shall mean a retail establishment in which the retail activity occurs predominantly ill an unroofed area or in which the majority of the goods, materials or other things to be sold are displayed outdoors, including any sales under a permanent structure. Section 5: 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 ,2000 TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ' i I hereby certify that the above Ordinance was introduced and react at the meeting of the Board of Trustees on the day of , 2000, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,2000. Town Clerk TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Baudek and Board of Trustees 0- From: Rich Widmer62,€* Town Adminfskfator J Date: July 21,2000 Re: Permanent Community Reinvestment Fund BACKGROUND: In November 1994, a ballot issue allowing the Town and the Urban Renewal Authority to keep excess TABOR revenues was passed by the voters. The issue allowed excess revenue to be spent on a variety of capital projects. The issue was for ten years, starting in 1994 and expiring in 2003. The Town created the Community Reinvestment Fund to track the revenues and expenses associated with this issue. Through June 30,2000, $2.4 million in revenues have come into the Fund. Expenses during this same time period have totaled $1.7 million. The money has been spent for the Dannels Fire Station ($1.3 million), the land purchase of Lot 4, Stanley Historic District ($0.3 million), and the Mall Road walkway/bike path ($75,000). This past May, the Town Board adopted a goal to establish a permanent Community Reinvestment Fund using surplus General Fund and EPURA revenue. To make the Fund permanent, the issue will have to be submitted to the voters. If the issue is to be on this November's ballot, the wording ofthe ballot question must be finalized by August 22,2000. This item has been placed on the Town Board agenda for discussion and consensus. The next step would be to authorize the Town Attorney to prepare the appropriate language for the ballot. BUDGET/COST: The budget will anticipate full funding ofthe Community Reinvestment . Fund through 2003. I f the permanent Fund is not approved by the voters by then, budget impacts will be significant. RECOMMENDATION: Since this is a policy question, it is not appropriate for staffto make a recommendation.