HomeMy WebLinkAboutMINUTES Town Board 1996-05-28Town of Estes Park,Larimer County,Colorado,T1ay •,19.96
regular
Minutes of a .meeting of the Board of Trustees of the Town of
Estee Park,Larimer County,Colorado.Meeting held in the Municipal BuIlding in
said Town of Estee Park on the •2•8th .day of Pay
,A.D.,19..
at regular meeting hour.
Robert L.Dekker
Meeting called to order by Mayor
Present:MayorDekker Trustees:Susan L.Doylen,
Mayor Pro Tern
Jeff Barker
John Baudek
George J.Hix
William J.Marshall
Also Present:Gary Kiaphake,J.Donald Pauley
Town Administrator
Gregory A.White,Town Attorney
Tina Kuehl,Deputy Town Clerk
Absent:None
Mayor Dekker called the meeting to order at 7:30 p.m.
PUBLIC INPUT.
No public input.
CONSENT CALENDAR:
1.Town Board Minutes dated May 14,1996.
2.Bills.
3.Committee Minutes:
A.Public Safety,May 16,1996.
B.Public Works,May 23,1996.
C.Planning Commission,May 21,1996 (acknowledgement only).
4.Public Hearing:
A.Amended Plat of Lots 7,8,25 and a Portion of Lot 24,
Block 10,Town of Estes Park (Lewiston Townhomes),Rex
Miller/Applicant.Continued to June 11.
B.Special Review #95-4,Lots 7,8,25 and a Portion of Lot
24,Block 10,Town of Estes Park,(Lewiston Townhomes),
Gallagher &Miller/Applicants.Continued to June 11.
It was moved and seconded (Hix-Doylen)the consent calendar be
approved,and it passed unanimously.
ACTION ITEMS:
1.Ordinance #10-96 -Park Entrance Estates S.I.D.#95-1,
Issuance of Bonds.Trustee Hix declared a conflict of
interest and did not participate in discussion or vote.
Finance Officer Vavra explained the Ordinance authorizes the
issuance of bonds in the amount of $165,000 for Park Entrance
Estates S.I.D.#95-1,and provides the form and payment of the
bonds.Attorney White read the Ordinance.It was moved and
seconded (Pauley-Marshall)Ordinance #10-96 be approved,and
it passed unanimously with one abstention.Whereupon Mayor
Dekker declared the Ordinance duly passed and adopted,ordered
it numbered 10-96,and published according to law.
Board of Trustees -May 28,1996 -Page 2
2.Resolution #10-96 -Park Entrance Estates S.I.D.#95-1,
Accepting the Purchase of Bonds.Trustee Hix declared a
conflict of interest and did not participate in discussion or
vote.Officer Vavra reported this Resolution is an acceptance
of the proposal by Estes Park Bank to purchase Park Entrance
Estates S.I.D.bonds in the amount of $165,000 at 5.99%
interest.Vavra noted that the property assessments will
provide the revenue source for payments of principal and
interest.Attorney White read the Resolution.It was moved
and seconded (Doylen-Pauley)Resolution #10-96 be approved,
and it passed unanimously,with one abstention.The Town’s
Financial Consultant Jim Manire,Managing Director of Public
Finance for Piper Jaf fray,Inc.,reviewed the details of the
Park Entrance Estates S.I.D.,and commended the Estes Park
Bank for its participation.
3.A.Water Line Prolect Change Orders.Town Administrator Kiaphake
reviewed the change orders relating to the installation of
water mains and valves during the Highway 34 widening project
as noted in the Public Works minutes.Kiaphake noted some
additional expenses were incurred due to an extended water
shutoff period and personal property damage,but given the
magnitude of this project,these costs were relatively minor.
Staff was commended for their efforts during this project.It
was moved and seconded (Hix-Baudek)the change orders totaling
$26,801.25 be approved;Town,$16,280±;CDOT,$10,521.25±,and
it passed unanimously.
3.3.Computer Network Server -Approval to Purchase.Administrator
Klaphake reported that an Intergovernmental Agreement between
the Town,the Park R-3 School District,and Larimer County
will allow the use of the County and school district fueling
facilities.The requested computer network server will
provide communication between the agencies and fleet
management for record-keeping purposes along with future
capabilities in other Town departments.It was moved and
seconded (Doylen-Barker)the purchase of the Dell Corp.
Network PC Computer system be accepted at a cost of
$15,207.58,budgeted as follows:Fleet Department,$1,500;
Water Department,$6,853.79;and Light &Power Department,
$6,853.79,and it passed unanimously.Administrator Klaphake
commended the continued good working relationship among
governmental agencies which allows this type of program.
4.Resolution #11-96,Supplemental Budget -Public Hearing.
Trustee Hix declared a conflict of interest and did not
participate in discussion or vote.Mayor Dekker declared the
Public Hearing open.Officer Vavra explained this Resolution
will supplement the Town’s 1996 Community Reinvestment Fund,
Park Entrance Estates S.I.D.#95-1 Fund,Special Assessment
Debt Service Fund,and Special Events Fund for construction of
the ADA required restrooms at Stanley Park,and authorizes a
temporary cash advance from the Light and Power Fund to the
Community Reinvestment Fund for the construction of the
Dannels Fire Station.There being no further testimony,Mayor
Dekker declared the Public Hearing closed.Finance Officer
Vavra read the Resolution.It was moved and seconded (Pauley
Doylen)Resolution #11-96 be approved,and it passed
unanimously,with one abstention.
5.Tobacco Regulation -Ordinance.Mayor Dekker explained that
the proposed Ordinance will be discussed,with final
presentation at the June 11 Board meeting.Administrator
Klaphake explained the origin of the Ordinance.Trustee
Marshall suggested the Ordinance include the prohibition of
self-serve displays and violation penalties.Town Attorney
White explained that penalties are administered by the
Board of Trustees -May 28,1996 -Page 3
Municipal Court Judge.Trustee Doylen suggested the Ordinance
include:clerks be 18 or older to sell cigarettes,vending
machines be banned,and a no-cost cigarette vendor license be
considered.Administrator Klaphake noted that a licensing
system could be established,but could only be enforced within
Town limits.Trustee Baudek stated that police enforcement
would endanger the camaraderie between the police and the
minors,and questioned if this Ordinance applied to private
property.Attorney White explained that the ban could only be
enforced on public property.Mayor Dekker opened the Public
Hearing.Mike Miller,585 Audobon St.,agreed with the
Ordinance as written,adding that it would provide retailer
motivation to ban sales to minors without prohibiting self-
serve displays,which could cause financial hardship for the
retailer and infringe upon the adult population.Catherine
Speer,1861 Davis Dr.,commended Mike Miller for his
leadership,and agreed with Alice Gray,1111 Golf Club Cir.,
that self-serve displays should be removed,adding that 44 of
the youth smokers admitted to stealing cigarettes from self-
serve displays.Dr.John Cooper,838 Panorama Circle,
explained that smoking is a disease of children,noting that
90 get “hooked”before 19.Dr.Joe Mahr,180 Centennial Dr.,
added that controlling minor’s smoking now will reduce the
public health problems and costs in the future.Barb Wahl,
2001 S.Morris Ct.,explained that the removal of self-serve
displays would not cause a financial threat to the retailer as
the tobacco industry pays promotional fees for those displays,
and removing the ability to shoplift will balance the
relocation costs.Leroy Cedar,1085 Marys Lake Rd.,requested
a ban on vending machines,as these machines are the major
source of cigarettes for minors.Hearing no further comments,
Mayor Dekker closed the Public Hearing.Trustee Doylen
reported that a Phillip Morris newspaper ad agreed with minor
smoking regulations and with the possibility of banning
vending machines.Trustee Baudek requested retailers attend
the next meeting to explain the need for self-serve displays.
After further discussion,Administrator Klaphake verified that
draft two of the Ordinance will include the prohibition of
self-serve displays and the requirement that clerks be 18 or
older to sell cigarettes.Attorney White noted that state
statute does not ban possession of tobacco products.Trustee
Hix suggested the Board lobby the state representatives to
include a ban on tobacco possession.
6.Special Events Liquor Application filed by the Town of Estes
Park,225 E.Elkhorn Avenue,for event scheduled June 12,1996
(Friends of Bernie).Administrator Klaphake explained that
Bond Park will be fenced and policed during the Friends of
Bernie celebration on June 12,and beer will be dispensed and
sold by the local brewery.It was moved and seconded (Doylen
Marshall)the Special Events Liquor Application filed by the
Town of Estes Park for the Friends of Bernie celebration be
approved,and it passed unanimously.
7.Legislative Update.Attorney White reported on the recently-
enacted state bills having local impact.SB 214,Concealed
Weapons:Allows the Police Chief to issue concealed weapons
permits to local residents.HB 1119,Municipal Planning:
Allows the formation of a joint planning commission.Attorney
White thanked Senator Matsunaka,Representative Kaufman,
Commissioner Disney,Mayor Dekker,ex-Mayor Dannels,Mayor Pro
Tern Doylen,Administrator Klaphake,and Bill Van Horn for
their representation of this bill.HB 1370,Pensions:
Provides funding for police and fire personnel death and
disability programs.SB 10,Rights-of-Way:Limits ability to
receive compensation from telecommunication providers for use
of rights-of-way.HB 1303,Vested Rights:Expands developers
rights and restricts local government regulations.HB 1358,
Annexation:Restricts local government enforcement of pre
Board of Trustees -May 28,1996 -Page 4
annexation agreements.SB 69,Takings:Sets standards for
land use permit conditions with expedited court procedure for
challenges.HB 1282,Alcoholic Beverages:Limits good cause
for revocation of license.
8.Town Administrator Report.Administrator Kiaphake reminded
the Board of the Friends of Bernie celebration,June 12.
Following completion of all agenda items,Mayor Dekker adjourned
the meeting at 9:08 p.m.
Deputy Town Clerk