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HomeMy WebLinkAboutPACKET Town Board 2002-04-234 Prepared 4/17/02 + Revised 4/18/02 **Revised 4/19/02 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, April 23,2002 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 9,2002. 2. Bills. 3. Committee Minutes: A. Light and Power, April 11, 2002: 1. Vehicle Purchase, $22,000 - Estes Park Auto Mall 4. Resolution #9-02 - Set public hearing date of May 14, 2002 to consider New Hotel & Restaurant Liquor License application filed by Casa Grande Mexican Restaurant, 210 E. Elkhorn Ave. »IA. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek will open Public Hearing(s) if the Town Board, Applicant(s), Staff or the Public wish to speak on a particular item. Public Hearings are conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1. CONDOMINIUM MAP. Final Condominium Map, Victorian Antlers, Lot 2, Block 1, Lone Pine Acres Sub., Bradley & Eunice WitUApplicants. 2. ACTION ITEMS: 1. THERESE JOHNSON/ROCKY MOUNTAIN NATIONAL PARK - PRESENTATION OF ELK MANAGEMENT STUDY. 2. PUBLIC HEARING: ADOPTION OF NATIONAL ELECTRIC CODE, 2002 EDITION. ORDINANCE #4-02. Light and Power Director Matzke. 4 3. SPECIAL EVENT LIQUOR LICENSE APPLICATION - ESTES VALLEY PUBLIC LIBRARY DISTRICT. Town Clerk O'Connor. 1 Continued on reverse side 4. APPOINTMENTS TO KNOLL CITIZEN'S ADVISORY COUNCIL. Mayor Baudek. 5. TOWN ADMINISTRATOR'S REPORT. 4 ,(5 .AC Friends of Stanley Hall Agreement A . ble 00(Rb - f.,tj~.UuA,z.L- 9 3611%9 £1.~ *10 - 0,1 ~ NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 Town of Estes Park, Larimer County, Colorado, April 9,2002 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 9th day of April, 2002. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Trustee Elect Trustees Jeff Barker Stephen W. Gillette David Habecker, Trustee Elect Lori Jeffrey-Clark, Trustee Elect 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 None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 26,2002. 2. Bills. 3. Committee Minutes: A. Community Development, March 28,2002: Special Events Dept.: 1. Standard Agreements a. Lions Club, Concession Stand b. Copper Penny Hunter-Jumper Horse Show c. Rky. Mtn. Team Penning Show d. Int'I. Arabian Cutting Horse Show e. June Rodeo Series Stock Contractor, Powder River Productions 2. Standard Parade Permits a. Rooftop Rodeo, July 9th b. Scottish Festival, September 7th c. Christmas, November 29~ Board of Trustees - April 9,2002 - Page 2 3. Construction Contract for Announcer's Stand - Emerson & Simpson, $46,160 +a10% Contingency; Electrical, $500; and Design, $1,500 - for a total of $48,160. 4. Vehicle Purchase (Used) - From Water Dept., $7,500 Fund Transfer. Senior Center: 1. Standard Agreements a. Larimer County on Aging (2) - Services and Nutrition Program. B. Public Safety, April 4,2002. 4. Estes Park Housing Authority, February 13, and Special Meeting February 22,2002 (acknowledgment only). 5. Estes Valley Board of Adjustment, April 2,2002 (acknowledgement only). 6. Estes Valley Planning Commission, March 19, 2002 (acknowledgement only). It was moved and seconded (Gillette/Doylen) the consent agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION CONSENT AGENDA (Approval oft: Mayor Baudek stated that if the Town Board, Applicant(s), Staff or the Public wish to speak on either item listed below, a formal Public Hearing would be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1. AMENDED PLAT. Country Club Manor, 408 Columbine Ave. and 750 Prospect Ave.: Combine Lot 1 and North 25' of Lot 2 into one lot & combines Lot 3 and the S. 25' of Lot 2 into one lot. Anthony & Tanya Rowley, and Virginia Taulane/Applicants. 2. BOUNDARY LINE ADJUSTMENT. Lots 2 & 3, Ten Brook Resubdivision. Correct existing encroachment. Stephen P. Chamberlain/Applicant - CONTINUED TO MAY 14, 2002. As there were no persons desiring a public hearing, it was moved and seconded (Habecker/Doylen) Item 1 be approved, and Item 2 be continued to May 14, 2002, and it passed unanimously. 2. ACTION ITEMS: 1. SWEARING-IN CEREMONY - TRUSTEES ELECT. Municipal Judge Brown conducted a Swearing-In Ceremony for Trustees-Elect Sue Doylen, David Habecker, and Lori Jeffrey-Clark, each for 4-yr. terms, expiring 4/06. 2. APPOINTMENTS. The following official appointments were presented: (A) Board of Trustees: Mayor John Baudek Trustee Jeff Barker Trustee Elect Sue Doylen Trustee Stephen W. Gillette Trustee Elect David Habecker Trustee Elect Lori Jeffrey-Clark Trustee G. Wayne Newsom Board of Trustees - April 9,2002 - Page 3 (B) 2.16.010 - Mayor ProTem - Sue Doylen Intergovernmental Agreements Liaison - Sue Doylen (C) Colorado Municipal League Policy Committee - Jeff Barker (D) 2.08.010 COMMITTEES: COMMUNITY DEVELOPMENT DOYLEN, Sue - Chairman BARKER, Jeff HABECKER, David Museum Liaison - Sue Doylen Rooftop Rodeo Liaison - Jeff Barker LIGHT & POWER JEFFREY-CLARK, Lori - Chairman HABECKER, David NEWSOM, Wayne PUBLIC SAFETY GILLETTE, Stephen - Chairman JEFFREY-CLARK, Lori NEWSOM, Wayne Youth Advisory Council - Lori Jeffrey-Clark Fire Code Review Committee (International Fire Code Review): Scott Dorman, Fire Chief Wayne Newsom, Trustee Will Birchfield, Building Official PUBLIC WORKS BARKER, Jeff - Chairman DOYLEN, Sue GILLETTE, Stephen Town Administrator Widmer presented the following appointments. It was moved and seconded (Doylen/Gillette) all appointments listed below be approved, and it passed unanimously: (E) ADMINISTRATION 2.68.010 RICHARD WIDMER, Town Administrator 2.20.010 VICKIE O'CONNOR, Town Clerk 2.20.060 REBECCA van DEUTEKOM, Dep. Town Clerk 2.24.010 PETE BRANDJORD, Treasurer/Clerk ProTem 2.28.010 GREGORY A. WHITE, Town Attorney JOHN P. FREY, Assistant Town Attorney 2.32.010/2.48.020 LOWELL RICHARDSON, Police Chief 2.32.010 GARY R. BROWN, Municipal Judge JOHN W. EASLEY, JR., Ass't. Muni. Judge 2.44.010 SCOTT DORMAN, Fire Chief " DARYL MCCOWN, lst Assistant Fire Chief " LARRY PETTYJOHN, 2rd Assistant Fire Chief (F) ESTES VALLEY PLANNING COMMISSION HABECKER, David, Liaison - 4-Year Term Board of Trustees - April 9,2002 - Page 4 (G) FIREMEN'S PENSION BOARD BAUDEK, John, Mayor DORMAN, Scott, President BRANDJORD, Pete, Treasurer LANDKAMER, Jon, EPVFD O'CONNOR, Vickie, Secretary DEATS, Doug, EPVFD (H) POLICEMEN'S PENSION BOARD BAUDEK, John, Mayor BRANDJORD, Pete, Treasurer O'CONNOR, Vickie, Secretary RICHARDSON, Lowell, Police Chief (1) TREE BOARD, 4-vr. Term. expirina 4/06 SEIFERT, Bob (replacing Member Lang) Presentation of Plague to outgoing member Dick Lang. (J) LARIMER EMERGENCY TELEPHONE AUTHORITY BOARD RICHARDSON, Lowell (K) LARIMER COUNTY EMERGENCY MANAGEMENT PLANNING ADVISORY BOARD FILSINGER, Gregg, term expires 12/31/02 (L) LARIMER COUNTY OPEN LANDS ADVISORY BOARD JEFFREY-CLARK, Lori, term expires 6/30/02 (M) NORTH FRONT RANGE WATER QUALITY PLANNING ASSN. LINNANE, Bill GOEHRING, Bob/Alternate (N) WINDY GAP WHITE, Gregory A. LINNANE, Bill/Alternate 3. PUBLIC HEARING: PRELIMINARY & FINAL CONDOMINIUM MAP, PHASE I, PARK RIVER WEST, LOT S 1 AND 2, PARK RIVER WEST SUBDIVISION, RICH H. WILLE TRUST/APPLICANT. Mayor Baudek opened the public hearing. Trustee Habecker cited a conflict of interest and stated he would not participate in discussion or vote. Bob Joseph, Community Development Director, presented the Staff Report. The final condominium map includes an addition to the 10' permanent pedestrian trail easement along the Big Thompson River, and this easement will be dedicated by a separate document. The purpose of the easement is to allow for improvement of the water infiltration by the river. Dir. Joseph noted his intention to place remaining units on the Planning Commission Consent Agenda when they are consistent with the approved Development Plan. As there was no public testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Newsom/Gillette) the Preliminary and Final Condominium Map for Phase 1, Park River West Subdivision be approved, and it passed with Trustee Habecker Abstaining. 4. THE KNOLL PROPERTIES MASTER PLAN PROCESS - REVIEW AND APPROVAL. Town Administrator Widmer reported that closing the Knoll properties with Beefit Corporation occurred on March 28: The agreements require the preparation of a Master Plan before any improvements can be made. Staff recommendations include the formation of a Citizen's Advisory Counc# to provide oversight for the master planning process, and that it be composed of the following members: Board of Trustees - April 9,2002 - Page 5 • Four Citizens-at-large, appointed by the Mayor • Three Town Staff members (Bob Joseph, Bill Linnane and Betty Kilsdonk) • One Downtown Business Representative, selected by the Business Advocates • One Representative from the League of Women Voters • One Town Trustee • EPURA Exec. Dir. Smith Staff is also recommending Community Development Dir. Joseph serve as the Chairman. The group would meet as needed to oversee and guide the preparation of the Knoll Master Plan, and it is possible the group would shift into subcommittees to work on detailed portions of the Plan. Potential subcommittees include: • Wetlands • Trails, access and active elements • Parking • Cabin and ruins. The Town budgeted $30,000 for this project in 2002, and Dir. Joseph confirmed he intends to get underway within the next month to gather various committee members and contact consultants. It was moved and seconded (Newsom/Jeffrey-Clark) the Knoll Citizen's Advisory Council, as specified above, be approved, and it passed unanimously. 5. PILOT PROGRAM: EMPLOYEE HOME OWNERSHIP PROGRAM - REVIEW AND APPROVAL. Assistant Town Administrator Repola stated that in an effort to make home ownership more attainable for Town employees, thereby reducing turnover and improving municipal services, an Employee Home Ownership Program \s being proposed. Town resources include 6 rental units: 4 houses (1/Fall River Hydro Plant, 3/Fish Hatchery) and one duplex (Riverside Dr.) Ass't. Administrator Repola reviewed the major points of the Program, including eligibility. The Town's cost of the Program would range between $1,800-$10,800/year, depending upon the number of employees participating in the Program, and the funding source would be the revenue generated by the Town's rental properties. A summary of Trustee questions/comments include: support of the program, inclusion of a repayment clause, confirmation that the resources are limited to the Town's 6 rental units, revenues will collected in the General Fund, whether or not the Program should be mandatory, how employees currently in the Town's housing would be dealt with and whether phasing was considered, instituting a maximum rental period of 5 years, ensuring equity in the selection process, study of other municipalities with similar programs to ascertain pros/cons, confirmation that if the base is expanded to include any Town employee renting housing, that a survey must be conducted, encumbering funds when they are set-aside, and that the benefit of such a Program is a benefit to Town employees, Town government, and the community. Town Attorney White noted that State Statute limits the payback (repayment clause) to two years. Concluding discussion, it was moved and seconded (Doylen/Newsom) staff refine the Program to address Town Board concerns, returning to the Town Board May 14~h for approval, and it passed unanimously. Assistant Administrator Repola urged the Board to contact him directly with any additional questions/comments. Board of Trustees - April 9,2002 - Page 6 6. LIQUOR LICENSE: TRANSFER OF OWNERSHIP, F & 1, INC. (Gonzo's Mexican Food) TO BISTRO'S OF ESTES PARK, INC., dba GRANDMAISON'S BISTRO ON 7, HOTEL & RESTAURANT LIQUOR LICENSE, 401 S. ST. VRAIN AVE. Clerk O'Connor confirmed that the application is complete and that required T.I.P.S. Training is not yet scheduled. The tentative opening date is mid-May. Trustee Barker stated the Board does hold licensees accountable, particularly pertaining to the underage drinking, and Mr. Sypher confirmed all three partners will attend T.I.P.S. Training. It was moved and seconded (Habecker/Doylen) the Hotel and Restaurant Liquor License application filed by Bistro's of Estes Park, Inc. be approved, and it passed unanimously. 7. TOWN ADMINISTRATOR'S REPORT. A. Estes Park Housina Authority - Grant Approval. Members of the EPHA and Town staff attended a hearing on the Authority's grant application for the Dry Gulch and Wildfire Projects, and the application for $1.5 Million was approved. This is the largest award the Division of Housing has awarded and $900,000 was granted for a "forgivable loan", and $600,000 for a 4-yr. loan at 5%. The Division of Housing were impressed with the Town Board's political and financial support of these projects. Mayor Baudek acknowledged the continual effort put forth by Housing Authority staff members Sam Betters/Exec. Dir. and Jean Michaelson and Housing Authority Chairman Doylen. B. Town Board Remodelina Proiect - Update. Construction should be completed the end of next week, followed by the installation of all AV equipment. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 7:55p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 11, 2002 Minutes of a Regular meeting of the LIGHT AND POWER COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 11th day of April 2002. Committee: Chairman Jeffrey-Clark, Trustees Habecker and Newsom Attending: Chairman Jeffrey-Clark and Trustee Newsom Also Attending: Assistant Town Administrator Repola, Light & Power Director Matzke, Fleet Manager Mahany, GIS System Analyst Kraft, and Deputy Clerk van Deutekom Absent Trustee Habecker Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. METER VEHICLE REPLACEMENT - APPROVAL. Fleet Manager Mahany reported that the Dept. has requested the replacement of a 1989 Jeep Cherokee 4X4 (933.13) with a Ford 4x4 Utility Vehicle (Explorer Sport-Trac) for use in the Meter Department. This trade-in vehicle is 13 years old with 73,924 miles and is within the parameters of the vehicle replacement policy. The following bids were received: Estes Park Auto Mall: $23,600.00 Ford 4X4 Explorer Sport-Trac ( 1,600.00) Less Trade-in (933.13) $22,000.00 Bid Price Phil Long Ford: $23,235.80 Ford 4X4 Explorer Sport-Trac ( 1,200.00) Less Trade-in (933.13) $22,035.80 Bid Price Burts Arapahoe Ford: $24,184.00 Ford 4X4 Explorer Sport-Trac ( 1,500.00) Less Trade-in (933.13) $22,684.00 Bid Price The 2002 budget includes $25,000 to replace this vehicle. The Committee recommends approval of the bid from Estes Park Auto Mall to purchase a Ford 4x4 Explorer Sport-Trac for a cost of $22,000.00 as presented. The Meter Jeep 933.19B (1996 Jeep Cherokee) will be reassigned from the Meter Dept. to Assistant Mangelsen to replace the trade-in vehicle 933.13. OLYMPUS HYDRO PROJECT - UPDATE. Director Matzke introduced Bill Emslie/PRPA and Dr. Richard Smart who presented a final design report prepared by the Colorado School of Mines and updated the Committee on the Olympus Hydro Project. Areas discussed include project jurisdiction and budget, environmental issues, preference customers, and future plans. Chairman Jeffrey-Clark expressed the Committee's support of this worthwhile project. GIS MAPPING - PRESENTATION. GIS System Analyst Kraft briefed the Committee on the status of a composite map of the entire system and presented a sample map that will be made available to staff for field use. Other items discussed include database capabilities, mainframe access, layered information, query options, and networking advantages for situation troubleshooting. RECORD OF PROCEEDINGS Light & Power Committee - April 11, 2002- Page 2 REPORTS. Platte River Power Authority. Director Matzke explained that PRPA decided to hire a new auditing firm and will not use Arthur Anderson to perform audits in the near future. RFP's were mailed to other auditing firms for a 3-year commitment and a new auditor will be selected by the end of May. PRPA staff successfully renegotiated a long-term coal contract with Kennecott. The Windy Gap Firming Project is underway and PRPA will need to make a commitment by July 2002 if they wish to participate. The Committee reviewed the March graphs. Income statements were not available. Project Updates: (1) the Big Thompson Rebuild Project will begin next week and the focus is to complete the canyon work as soon as possible; (2) staff will take advantage of the Hwy. 36 road closure to install cable for the Estes circuit extension. Bond Park Lighting Demonstration. Light & Power Secretary Button reported that a total of 127 signed and 11 unsigned votes for streetlights/poles have been received (20 of which were submitted via the web site). Articles have appeared in both the Estes Park News, the Estes Park Trail-Gazette, and Town Bugle and press releases have been sent to Channel 8, KEZZ, and other area newspapers and radio stations. Ballots continue to be available at the reception desk and on the Town's web site at -.estesnet.com. Votes will be collected through Tuesday, April 30th. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 9:09 a.m. Wvk ATIWA-, Rebecca van Deutekom, CMC, Deputy Town Clerk RESOLUTION #._9=02 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Hotel and Restaurant Liquor License, filed by Jose T. Gonzales-Ruiz, dba CASA GRANDE MEXICAN RESTAURANT, 210 E. Elkhom Ave., Units 206 & 220, Estes Park, Colorado, is April 5, 2002. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, May 14, 2002 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.15 miles, as measured from the center of the applicant's property. DATED this day of ,2002. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Community Development Depaltment Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Robert B. Joseph, Director Date: April 19, 2002 Subject: Victorian Antlers Final Condo Map Background. This is a request to - i r '11 condominiumize an existing commercial .....r-- - j --1--~-1,] / 2 ' retail and residential building (541 Lone -- ---~ Ace T- ~'--./ /-----' 1 -- _u¥.44 1 7-f-- f 0.-1 5..' / Pine Drive) that was approved with S:bu Development Plan 96-10. The Town .· *:4 -- 4 Board approved the Preliminary . / :.N-.\. / 4-"'' A---f \ Site</ / /3···.2 Condominium Map on March 12, 2002. 4, 9% 9 I ... This final map is consistent with the ..31 _39-- t . ' $. - preliminary map. - -1 Budget. NA 7 la- 1 1 U- Action. Staff recommends approval of the requested condominium map conditional to: 1. Submittal of a certificate by an attorney, duly licensed to practice law in the State, certifying that the proposed owners association complies with the Colorado Common Interest Ownership Act (§38-33.3-101 et seq. C.R.S.). 2. The declarations and final condominium map shall be submitted to the Town for recording within thirty (30) days of final plat approval. 3. Submittal of a revised development plan (96-10) incorporating the proposed additional retail space. Said plan shall provide for required parking spaces, be subject to Staff level review, and submitted prior to the final condominium map. 4. The applicant shall de-weed and re-seed the north and east lot line setback areas. The area shall be reseeded with native grass/wildflower mix, and shall be accomplished no later than July 2002. TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Baudek and Board of Trustees From: Richard E. Matzk©72 223/ Date: April 18, 2002 Re: 2002 National Electric Code BACKGROUND: The Town of Estes Park traditionally adopts the current edition of the National Electric Code (NEC) issued by the National Fire Protection Association as a primary code for Electrical Regulations for Buildings and Construction. This code was adopted as a National Standard effective August 2, 2001. The State of Colorado intends to implement the 2002 NEC by July 2002. The State of Colorado performs electrical inspection services within the Town limits and unincorporated Larimer County. BUDGET/COST: There is no anticipated budget impact due to adopting the 2002 NEC. Adoption of the 2002 NEC does not impact the inspection fee schedule. RECOMMENDATION: The Municipal Code currently requires that commercial wiring be installed in metallic conduit except for freestanding structures served by one electric meter in the Commercial Outlying (CO) zone. We would like to revise the wording in the Municipal Code to extend the exception to freestanding structures served by one electric meter in all zoning districts except Downtown Commercial (CD). The Light and Power Department requests that the Town Board consider adoption of the 2002 NEC and that the Municipal Code be revised as described. The ordinance will take effect 30 days after publication following Board approval. (5/26/2002) REM ORDINANCE NO. 4-02 - AN ORDINANCE ADOPTING-BY R[r[R[NC[, TH[ NATIONAL ELECTRIC CODE, 2002 EDITION WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to adopt the National Electric Code, 2002 Edition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Section 14.20 of the Municipal Code is hereby adopted as follows: 14.20.010 National Electric Code, 2002, Adopted. The National Electric Code, 2002 Edition, issued by the National Fire Protection Association, Inc., One Batterymarch Park, Quincy, MA 02269, is enacted and adopted by reference as a primal code and incorporated in this chapter. 14.20.015 National Electric Code, 2002 - Violation. A. It is unlawful for any person to violate any of the provisions stated or adopted in the National Electric Code, 2002 Edition. B. Every person convicted of a violation of any provision stated or adopted in the National Electric Code, 2002 Edition, shall be punished as set forth in Section 1.20.020 of the Municipal Code. 14.20.017 Damages. Neither the Town's Building Inspector, Town Engineer, Light and Power Director, nor any other employee or agent volunteer acting on behalf of the Town, shall be liable for any damages for any act and/or omission by such person, pursuant to the duties and National Electric Code, 2002 Edition. 14.20.020 License-Required. It is unlawful for any person to engage in the business of installation, altering or repairing electrical wiring in the Town without first having procured a license therefore from the State. The requirement for a license shall not apply to the owner of any property doing work in or about his own residence, provided that he first obtains the necessary permit therefore. The requirement for a license shall not apljly to a journeyman electrician or helper who is working under the control and supervision of an electrician licansed by the State. 14.20.040 Permit-Application-Issuance. Application for permit shall be made to the Colorado State Electrical Board. Such permit shall be posted on the site of the work,and kept there until the work is completed. 14.20.060 Certificate of approval required. It is unlawful for any person to -- -- make any electrical connection to any buildingrunti[ the State-Electrical-Inspector-has issued a certificate approving the electrical wiring. 14.20.070 Permit-Temporary. Where, from good and sufficient cause, it is necessary to have electricity on any installation before the final certificate can be issued, the State Electrical Inspector may issue a temporal permit; provided, that all parts to which current is applied are in a safe and satisfactory condition. 14.20.080 Electrical construction requirements. All new structures and existing structures that are altered, added to or repaired in excess of fifty percent (50%), and which contain, in whole or in part, commercial uses, shall be entirely wired in rigid or steel tube conduits or approved metal raceways. Unless it is otherwise required by applicable provisions of the National Electric Code, 2002 Edition, the requirements of this section do not apply to a freestanding commercial structure served one electric meter located in all zoning districts except Downtown Commercial (CD). Section 2. The adoptionof 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 ,2002. 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 , 2002, and published in a newspaper of general publication in the Town of Estes Park, on the day of ,2002. Town Clerk Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Rebecca van Deutekom, Deputy Town Clerk Date: April 18, 2002 Subject: Special Events Permit Application - Estes Valley Public Library Background The current policy allows the Town Clerk's Office to administratively handle Special Event Permit Applications if no protests for issuance of the license are received. Applications receiving protests require Town Board review and approval. The Estes Valley Public Library submitted a Special Events Permit Application on April 8, 2002. The Town Clerk's Office received the attached written protest on April 17~ that meets the requirements outlined on the Liquor Notice posted at the Library; therefore, Town Board approval is required to proceed with the application process. Cost/Budget No budget impact. Recommendation Staff recommends approval of the Special Events Permit Application. /rv Attachment 3 BEd=09*Ti APR 1 7 2002 1085 Mary's Lake Rd. 4-- 4 Estes Park, CO 8051 1 April 17, 2002 Board of Trustees, Estes Park 170 MacGregor Estes Park Co 80517 Dear Friends: I wish to express opposition to the granting of a special liquor license to the Estes Park Public Library. I am not informed as to the reason the library board seeks this license, but I find it inappropriate and offensive for the public library, just because it is the library, to be given such a license. The library is "our" public, tax-supported agency. It is the library to which countless adults of many different life-styles and persuasions look for resources for information, research, recreation, and communication and of which I am a member. It is the library to which my visiting grandchildren want to go. it is the library to which many young people tum for assistance in their seeking. It is 'our' library and represents the noblest and best in our community life. Why does it need a special liquor license to do what it wants to do? It needs a special license because our society recognizes that alcohol is a dan- gerous substance. We, as a society, will not allow it to be freely dispensed by anybody anywhere. We know it needs to be controlled. We make it illegal for persons under 21 to use it When we look objectively at our social scene we also know that it is our most widespread, serious and costly drug problem, though it is not illegal. Consider the concern recently raised in public media about binge drinking on college campuses, the special police efforts in holiday seasons to arrest drinking drivers, the youth and adults who have a crisis with alcoholism. The use of alcohol is accepted in our society and, while I choose not to use it myself, I accept the fact that a majority of adults around me do use it and it will be prevalent and not questioned in most social circles. But it seems to me totally inappropriate for such a public, tax-supported institution as our library, whose dients include children, youth, and adults of a variety of life-styles to engage officially in the distribution of liquor. For the sake of the public image of our whole community, I urge you not to grant this license. Sincerely, 44€f~UA.4-,/ LaKoy F Seaver ' Town of Estes Park Interoffice Memo Date: April 15, 2002 To: Town Board of Trustees From: John Baudek /7, AR Mayor U CC: RE: Knoll Citizen's Advisory Council Appointments The formation of a Citizen's Advisory Council to provide oversight for the Knoll master planning process was approved by the Town Board April 9, 2002. The following appointments to this Council are submitted for your consideration: • 4 Citizens At Large: Bud Hampton, Jacque Oldham, Tobi Hale, Howard Lipke • 3 Town Staff: Bob Joseph (Chairman), Bill Linnane, Betty Kilsdonk • Downtown Business Representative: Kelly Brown • League of Women Voters Representative: Louise Lindsey • Town Trustee: Lori Jeffrey-Clark • EPURA Executive Director Wil Smith RESOLUTION NO. 10-02 WHEREAS, the Town of Estes Park, Colorado (the "Town") has entered a contract to purchase 100 units of Colorado-Big Thompson Project water; and WHEREAS, the Town desires to execute an application for a Temporary Use Permit for 100-acre feet of water. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that: 1. The Board hereby authorizes the submittal of an Application for a Temporary Use Permit for 100 acre-feet of Colorado-Big Thompson Project water. 2. The Board hereby authorizes the Mayor and Town Clerk to file the necessary application with the Northern Colorado Water Conservancy District. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2002. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk ··· THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL, SHOULD BE CONSULTED BEFORE SIGNING. Compensation charged is established by broker, not set by any State or Local laws. AGREEMENT FOR SALE AND PURCHASE OF NCWCD, NORTHERN COLORADO WATER CONSERVANCY DISTRICT UNITS OF CB-T (Transaction Broker) This agreement is made and entered into this 22 day of April ,20 02 , by and between the following parties: SELLER: Name: Sprint 4 Real Estate, Inc. and/or Assigns Address: 3835 W 1 0 Street STE 200D, Greeley, CO 80634 Phone: Voice: (970) 356-8086 Fax: (970) 352-1753 PURCHASER: Name: Town of Estes Park Address: 170 Mac Greqor Ave, Estes Park, CO 80517 Phone: Voice: (970) 577-3800 Fax: (970) 586-2816 WITNESSETH Seller has been allotted the following described acre foot units of the Northern Colorado Water Conservancy District, (NCWCD) CB-T water, hereinafter referred to as "units" of water. The Purchaser agrees to purchase from the Se//er and Se#er agrees to sell to Purchaser free and clear of all liens and encumbrances, except as stated herein, according to the following terms and conditions; the following described acre foot units, One Hundred (100) Acre Foot Units of NCWCD, C-BT water. 1. PURCHASE PRICE. The purchase price of the units shall be ($ 10,000.00 ) Ten Thousand and No / 100 ths Dollars per unit. For a total purchase price of: ($ 1,000,000.00 ) One Million and No / 100ths Dollars Total. Payable as follows: in cash or certified funds due and payable to Seller, with closing costs payable by Purchaser outlined herein, no later than fifteen (15) days after NCWCD Board approval of transfer. Earnest Money: ($ 50,000.00 ) Fifty Thousand and No / 100ths Dollars. In the form of: Cash or Certified Funds To be held by: Hopp and Associates, Attorneys at Law, Lonqmont, CO 80505 Balance Due: ($ 950,000.00 ) Nine Hundred Fifty Thousand and No / 100ths Dollars. 2. ESCROW AGENT. The parties hereto agree to appoint as Escrow Agent Hopp and Associates, Attorneys at Law, Lonqmont, CO 80503 . Any fees due to Escrow Agent shall be paid by Seller. 3. NCWCD BOARD APPROVAL. Seller shall submit a properly completed Application for Change of Class "D" Allotment Contract for the units as required to obtain NCWCD's approval to the NCWCD Board of Directors for the regularly scheduled meeting to be held May 10th , 20 02 . Any transfer documents required of Purchaser as a "corporate", "municipal" or "district" entity shall be submitted by and shall be at the cost of Purchaser. Seller's Initials Page -1- Purchaser's Initials 4. CLOSING. Closing and disbursement of funds to the Seller from escrow shall be completed upon receipt by the Escrow Agent of written notice from NCWCD of approval of the ch'ange of the allotment contract to the account of the Purchaser or actual notice of such approval such as attendance at the meeting authorizing such approval by Purdhaser or Purchaser's representative, which closing and disbursement of funds shall occur no later than fifteen (15) days after the date of the NCWCD Board Meeting as referred to in paragraph 3 above, or Mav 24,2002 , whichever is earlier. 5. NCWCD TRANSFER FEE. Purchaser shall pay any transfer fee requested by the NCWCD. Purchaser shall also pay any entity transfer fee, as defined in paragraph 3, requested by NCWCD concerning allotment in a corporate form. In the event said transfer fee is paid by the Se//er or a third party, Purchaser agrees to reimburse the Se#er or third party for such fees at or prior to closing. If Seller's application includes additional ulilts owned by Seller to be transferred contemporaneously to any third party or entity, such fee shall be prorated with Purchaser paying its respective fractional share thereof. 6. OWNERSHIP AND ENCUMBRANCE REPORT. The owner or Se//er of the units shall be responsible for providing written proof that the units are not encumbered by any deed of trust, lien, security agreement, financing statement or First Right of Refusal or any other document or shall provide written statements from all lenders having a security interest, lien or encumbrance in said property or units stating under what terms and conditions the lender shall release said units from any mortgage, deed of trust, or other security instrument. Seller hereby agrees to pay up to and including $ 100.00 of the cost for such report with the remainder, if any, to be paid by Seller . In the event the Purchaser or a third party advances all or a portion of the cost for such report, Seller agrees to reimburse the Purchaser or third party at closing for such costs up to the amount referred to herein. If the application includes additional units to be transferred to any third party or entity/ §uch cost shall be prorated with Purchaser paying its respective fractional share of such cost. 7. DEFAULT. Time is of the essence hereof. If any note, check or other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: a. If Purchaser is in default, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Se/Mr and both parties shall be thereafter released from all obligations hereunder. It is agree that such payments and things of value are LIQUIDATED DAMAGES and are the Seller's SOLE AND ONLY REMEDY for the Purchasefs failure to perform the obligations of this agreement. b. If Se//er is in default, 1. Purchaser may elect to treat this agreement as terminated, in which case"all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover damages as may be proper, or ii. Purchaser may elect to treat this agreement as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages or both. c. In the event that the matter is postponed until the next regularly scheduled meeting of NCWCD, then this agreement shall be likewise extended to the next regularly scheduled meeting with the dates herein modified to reflect such change. If for any reason NCWCD rejects the application for trarisfer referred to above, then this agreement shall be null and void and all funds placed in escrow shall be returned to Purchaser. d. Anything to the contrary notwithstanding, in the event of any arbitration or litigation arising out of this agreement, the court may award the prevailing party all reasonable costs and expenses, including attorney's fees. Sellefs Initials Page -2- Purchaser's Initials 8. WATER USE. Se#er has paid all 20 01 and prior years assessments to date. Carry-over rights, any assessments after the date of this agreement, or any other charges levied upon such units by NCWCD after the date of this agreement if any, shall be assigned to and assessed to Purchaser. 9. BINDING EFFECT. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, successors, and assigns. 10. LEGAL AND TAX ADVICE. The parties each acknowledge they have been advised to seek independent legal and or tax advice regarding this agreement and each has done so to the extent desired. Unless stated otherwise herein, each party acknowledges that they have not received nor relied upon any legal, tax or other opinions, advice, or representations from any licensed real estate broker or real estate agent regarding the terms, provisions, or effects of having entered into this agreement. Each party hereto shall be responsible for its own attorney fees or costs, except share otherwise indicated herein concerning default. 11. WARRANTIES. All representations, warranties, disclosures and covenants made herein shall survive the closing and conveyance of the units hereunder and remain enforceable thereafter. This agreement embodies the complete agreement of the parties hereto and cannot be varied, modified or terminated exce'pt by the written agreement of the parties. 12. ADDITIONAL PROVISIONS. (lf None, insert "NONE"): a) Sprint 4 Real Estate, Inc. Is a Colorado Corporation engaged in Real Estate Sales and Water Brokerage. Sprint 4 Real Estate, Inc. is acting solely on its own behalf and in no way represents any party other than it's self. Said water is for re-sale and a profit may be made by Sprint 4 Real Estate, Inc. Martin R. Bird is a licensed real estate broker in the state of Colorado. b) This agreement is contingent upon final contract negotiations by and between Sprint 4 Real Estate, Inc. and a third party for the acquisition of the aforesaid NCWCD CB-T Water. This contingency must be removed in writing on or before May 1 St, 2002 or all moneys and other good and valuable consideration shall be returned to Purchaser and this agreement shall be null and void. c) Seller agrees to pay 2001 and prior years assessments. d) Purchaser agrees to pay 2002 and subsequent years assessments. e) Purchaser agrees, at Seller's written request, to cooperate with Seller in a Section 1031, like kind exchange, of the above described water, providing no cost or liability is incurred by Purchaser. Seller may request the appointed Escrow Agent, pursuant to Section 4 of this contract, to deposit proceeds, on Seller's behalf, with a third party qualified intermediary, at such time as closing of this agreement shall occur. 13. AGENCY DISCLOSURE. The Listing Broker, The Wanqnild Real Estate Companv, Inc., Bill Wanqnild, Broker and its sales agents, sub-agents or cooperating brokers, if any, are Transaction Brokers. A Transaction Broker assists the parties throughout a contemplated transaction with communication, interposition, advisement, negotiation, contract terms, and the closing of the transaction without being an agent or advocate for the interest of any party to the transaction, Seller and Purchaser shall not be vicariously liable for acts of a Transaction Broker. Further, The Transaction Broker may disclose any information to one party that Broker gains from the other party if the information is relevant to the transaction or party. Further, Seller agrees to pay the above stated broker a commission/fee of N/A %, of the purchase price, or a flat fee of $ As per separate agreement for services rendered as Transaction Broker for the attached agreement. 14. GOVERNING LAW. This agreement is a legal document and construed and governed under the laws of the State of Colorado. 15. ASSIGNMENT. This agreement is personal between the parties hereto and Mav be assigned. Seller's Initials Page -3- Purchasefs Initials . 16. NOTICE OF ACCEPTANCE / COUNTERPARTS. If this proposal is accepted by Se//er in writing and Purchaser receives notice of such acceptance on or before April 26~h ,20 02 this document shall become a contract between Se#er and Purchaser. If all parties have not signed this document by such date, it shall become null and void. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. Seller accepts the above proposal this day of April ,20 02 , and agrees to pay the above named broker (paragraph 13) commission due, if any, by virtue of this contract. SELLER: Sprint 4 Real Estate, Inc. and/or Assigns By:. Martin R. Bird (President) Purchaser accepts the above proposal this day of April , 20 02 , and agrees to pay the above nahled broker (paragraph 13) commission due, if any, by virtue of this contract. PURCHASER: Town of Estes Park, Colorado By: Authorized Signature Authorized Signature BROKER: The Wanqnild Real Estate Companv, Inc. By: ADDRESS: PO Box 7677 Loveland, CO 80637 PHONE: 970-669-8576 Sellefs Initials Page -4- Purchaser's Initials AGREEMENT This Agreementbetween the Friends of Stanley Hall, Inc., a Colorado Nonprofit Corporation ("FOSH") and the Town of Estes Park (the "Town") made this day of , 2002. WITNESSETH l. FOSH was organized in 199_ for the purpose of soliciting funding for the purpose of supporting the cultural and performing arts within the Estes Park Area. 2. As part of the above stated purpose, FOSH solicited and obtained funds for the renovation of Stanley Hall. 3. Due to factors beyond the control of FOSH and the Town, Stanley Hall is not available for renovation by the Town and FOSH. 4. FOSH has at its disposal approximately $ . FOSH wishes to make these funds available to the Town for use by the Town for the promotion and development of cultural and performing arts within the Estes Valley. 5. The Town is willing to accept these funds pursuant to the terms and conditions of this Agreement. NOW THEREFORE, 1N CONSIDERATION OF THE ABOVE RECITALS AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Within days of the date of this Agreement, FOSH shall transfer to the Town the sum of . Said funds shall be transferred to the Town by FOSH free and clear of any claims, liens, or encumbrances. The funds transferred shall be subject to the terms and conditions of this Agreement. 2. The Town agrees to accept said funds from FOSH. Upon receipt of the funds, the Town shall segregate these funds from all other funds of the Town. .. 3. The Town shall use said funds as follows: a. As partial funding for the desi-gn-a-nrkuilbliuilioil of a-facility for the presentation of performing arts. Said facility may be a part of or combined with other uses in a multi-purpose facility. Said facility may be either an indoor or partially enclosed facility. The Town may be the sole owner or lessee of the facility and/or the Town may partner with another entity for the design, construction, and operation of the facility. b. The Town shall have four (4) years from the date of this Agreement to determine whetheror notthe facility, as described in paragraph (a) above is feasible. Said decision shall be in the sole discretion of the Town. If the·Town does determine within said four (4) year period that such a facility is feasible, the Town shall have a total of seven (7) years from the date of this Agreement to design and substantially complete construction of said facility and use the FOSH funds for said facility. c. In the event the Town determines, within the original four (4) year period, that a facility is not feasible, the Town then shall have the following options with regard to the funds. 1) Donate the funds to any nonprofit organization whose primary focus is within the Estes Valleyand whose nonprofit purpose involves the performing arts. 2) If the Town determines, in its sole discretion, that there is no appropriate organization within the Estes Val·ley which provides support for the performing arts, the Town may donate the funds to such an organization located within the Northern Colorado area. 4. All of the funds shall be disposed of by the Town pursuant to this Agreement within seven (7) years of the date of this Agreement. 5. This Agreement contains the entire understanding of the parties. Any amendments or modifications hereto shall be in writing and executed by both parties. 6. In the event of any default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days' notice in writing of said default. If said default is not cured within said 10-day period, the -2- non-defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages. Damages shall include all reasonable attorneys fees and court costs incurred by the non-defaulting party. 7. All notices, demands or other documents required or desired to be given, made or sentto either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: Town of Estes Park Friends of Stanley Hall Attn: Town Administrator Attn: P.O. Box 1200 Estes Park, Colorado 80517 IN WITNESS WHEREOF, these parties hereby execute this Agreement. FRIENDS OF STANLEY HALL, INC. By: TOWN OF ESTES PARK By: ATTEST: TOWN CLERK -3-